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Full text of "Department of State bulletin"

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ATOMIC EXPLOSION OCCURS IN U.S.S.R. • State- 
ments by the President and Secretary Acheson 487 

U.S. POSITION ON PROBLEMS CONFRONTING 
FOURTH GENERAL ASSEMBLY • Addre>,>.es by 

Secretary Acheson and Ambasstuior Philip C, Jeaaup . . . 489 

THE PLACE OF UNESCO IN AMERICAN FOREIGN 

POLICE' • Hy Assistant Secretary Allen 197 

PROTOCOL: WHAT IT IS AND \^TIAT IT DOKS . 

Article by Stanley Woodward 50 1 



For complete contents see back cover 



Vol. XXI, No. 535 
October 3, 1949 




•*. S. SUH£RINTENDU<( Of UOUimtfli, 

NOV 8 19'!9 




Me Q)e/uvrl^€^t x)/ 9i€i^ J3 Hi 161111 



V'ou XXI, No. 533 • Pubucation 3648 
October 3, 1949 



For sale by tbe Superintendent of Documents 

U.S. Oovemment Printing OfSce 

Washington 25, D.C. 

Price: 

82 issues, domestic $6, foreign Ss..^ 

Single copy, 20 cents 

Tbe printing of tbis publication has 
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Note: Contents of tbis publication are not 
copyrighted and Items contained herein may 
be reprinted. Citation of the Departuent 
Of State Bulletin as the source will be 
appreciated. 



The Department of State BVLLETIS, 
a tceekly publication compiled and 
fdited in the Division of Publications, 
Cffice of Public Affairs, provides the 
public and inttrested agencies of 
the Government tcith information on 
developments in the field of foreign 
relations and on the tcork of the De- 
partment of State and the Foreign 
Service. The BULLETIN includes 
press releases on foreign policy issued 
by the White House and the Depart- 
ment, and statements and addresses 
made by the President and by the 
Secretary of State and other officers 
of the Department, as urell as special 
articles on various phases of inter- 
national affairs and the functions of 
the Department. Information is in- 
cluded concerning treaties and in- 
ternatioTutl agreements to tchich the 
United States is or may become a 
party and treaties of general inter- 
natioruil interest. 

Publications of the Department, as 
tcell as legislative material in the field 
of international relations, are listed 
currently. 



ATOMIC EXPLOSION OCCURS IN THE U.S.S.R. 



Statement by the President 

Released to the press 

hy the White House September 23 

I believe the American people, to the fullest ex- 
tent consistent with national security, are entitled 
to be informed of all developments in the field of 
atomic energy. That is my reason for making 
public the following information. 

We have evidence that within recent weeks an 
atomic explosion occurred in the U. S. S. R. 

Ever since atomic energy was first released by 
man, the eventual development of this new force 
by other nations was to be expected. This prob- 
ability has always been taken into account by us. 

Nearly four years ago I pointed out that "Scien- 
tific opinion appears to be practically unanimous 
that the essential theoretical knowledge upon 
which the discovery is based is already widely 
known. There is also substantial agreement that 
foreign research can come abreast of our present 
theoretical knowledge in time." And, in the 
Three-Nation Declaration of the President of 
the United States and the Prime Ministers of the 
United Kingdom and of Canada, dated November 
15, 1945, it was emphasized that no single nation 
could in fact have a monopoly of atomic weapons. 

This recent development emphasizes once again, 
if indeed such emphasis were needed, the necessity 
for that truly effective enforceable international 
control of atomic energy which this Government 
and the large majority of the members of the 
United Nations support. 



For other materials ou atomic euergy see follow- 
ing articles in this issue : Tripartite Discussions on 
Atomic Energy, page 508; and AEC Reactor Safe- 
guard Committee Visits U.K., page 507. 



October 3, 1949 



Statement by Secrttary Acheson 

Released to the press by the U.S. delegation 
to the United Nation,s September 23 

I want to emphasize the four basic matters which 
were brought out in the President's release this 
morning. Those are: The President has stated 
the fact that there has been an atomic explosion 
in the Soviet Union. In the second place, the 
President has stated that we have been fully aware 
that sooner or later this development would occur 
and that in our thinking it has been taken into 
account. That is an important fact to remember. 
In the third place, the President has recalled what 
so many people have forgotten, that in every state- 
ment made by him and by the two Prime Ministers 
as well as by all the commissions and bodies which 
have studied this matter it has always been clearly 
pointed out that this situation would develop. 
And finally, the President has stated that this 
event makes no change in our policy. 

This Nation, from the very beginning of the 
development of atomic power, has been determined 
to do everything in its power to proceed toward a 
truly effective international control of atomic 
energy. It would be deluding ourselves to get 
something on paper that is not really effective. 
The President's statement underlines the impor- 
tance of having an effective method of control. 

We are continuing our most earnest efforts in the 
organization of the world toward peace. That, of 
course, is the whole purpose and reason for the 
gi-eat efforts which we have made here in the 
United Nations, in the Rio treaty, in the North 
Atlantic Treaty, in the military assistance bill, and 
in the Marshall Plan. The entire foreign policy 
of this government is directed toward the organi- 
zation and preservation of peace. It is only 
through the success of those efforts that we will 
avoid the increased hardships and perils of war. 

487 



RECENT DEVELOPMENTS IN THE FIELD OF ATOMIC ENERGY 



Statement by Acting Secretary Wehh 



Released to the press September 28 



I have the following to say regarding recent 
developments in the field of atomic energy. 

First, I wish to emphasize the point made by the 
President that the probability that other nations 
veould develop atomic energy has always been 
taken into account in our basic policies. This is 
the case in our atomic energy policies in the United 
Nations on the international control aspects, in 
our domestic program, and in our relations with 
the United Kingdom and Canada, which latter 
are now the subject of exploratory talks. 

The United Nations Atomic Energy Commis- 
sion plan of control and prohibition approved by 
the General Assembly last fall remains the only 
feasible, workable, and effective one so far 
advanced. That is why we support it. The prob- 
lem of finding agreement in the international con- 
trol of atomic energy and the prohibition of atomic 
weapons now rests with the sponsoring powers 
of the original General Assembly Resolution 



establishing the United Nations Atomic Energy 
Commission. These are Canada, China, France, 
the United Kingdom, the Union of Soviet Social- 
ist Republics, and the United States. Following 
on the in.structions of the General Assembly last 
fall, they have held seven meetings at Lake Suc- 
cess since August 9th, with the next meeting sched- 
uled for next Thursday. 

Tlie exploratory talks with the United Kingdom 
and Canada are continuing. Of course, you are 
aware that no agreements or commitments will be 
made by us until after consultations with the Con- 
gress. The recent development Avithin the Union 
of Soviet Socialist Republics is one of many fac- 
tors being taken into account in our talks. This 
new factor emphasizes the need for the most ra- 
tional and economic utilization of the materials, 
techniques, and knowledge available to the three 
countries. 



488 



Department of State Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



U.S. Position on Problems Confronting Fourth General Assembly 



iy Secretary Acheson ^ 

This session of the United Nations General 
Assembly is opening at a time when the mitial 
shocks and adjustments of the posthostilities 
period have been generally absorbed into the lives 
of nations. We can now see with greater distinct^ 
ness the real shape of the major problems with 
which we are faced in this postwar era. We are 
coming to grips in many practical and prosaic ways 
with our tasks in a world which is not what any 
of us would have entirely liked it to be. 

We have thought a great deal about these major 
problems which have agitated and dominated m- 
ternational life since the end of the recent war, 
and have done our best to analyze their nature and 
their significance. We recognize that some of them 
are of a terrible seriousness. But we also recognize 
that they are deeply rooted in the experience and 
traditions of great peoples, in the philosophies of 
major political movements, and in inertia— the 
inertia of institutions and conditions which inti- 
mately affect the lives of hundreds of millions of 
people across the globe. They are too deeply 
rooted, in many instances, to be rapidly over- 
come by persuasion or compromise or by isolated 
diplomatic gestures. 

Many people, becoming aware of the depth of 
these problems, despair of their solution by peace- 
ful means. We have never shared this feeling, and 
we do not share it today. My distinguished prede- 
cessor. General INIarshall used to warn against what 
he called "fighting the problem" instead of apply- 
ing oneself to the solution of it. I think that warn- 
ing has its applicability to those things which have 
worried us all in the international field in these 
past months and years. It is true that the problems 
are serious, that they are bitter and that they are 

" An address made before the first plenary meeting of the 
fourth session of the General Assembly in New York, N.Y., 
on Sept. 21, 1949, and released to the press on the same 
date. Mr. Acheson is chairman of the U.S. delegation. 

Ocfofaer 3, 1949 



not susceptible of any sudden and dramatic solu- 
tions. But it has not been proven that they will 
not eventually yield to the effects of time and 
patience and hard work. To the extent that we 
cannot solve them today, we must endure them; 
but we must never cease our efforts to overcome 
them step by step. And we are justified in hoping 
that persistent effort, geared to the ever-present 
process of change in human affairs, will eventu- 
ally produce a more hopeful and a more solid 
structure of world relationships than we have 
today. 

These major problems which press upon us can- 
not be solved by national action alone, but require 
common action in the light of the common public 
interest. The increasing recognition of the con- 
cept of public interest in the field of international 
relations is a significant though little heralded 
fact of our time. 

The sure vision of the leaders of the nations 
united in the last war has given us the United 
Nations. Here we have a forum in which the 
international public interest can be fully expressed 
and applied in the solution of our problems. 

The questions which lie before us in this fourth 
session of the General Assembly affect vitally the 
general complex of world problems. Let us face 
these questions soberly and practically. Even if 
we find the right answers to them, that will not 
alone bring about the transformation we wish in 
world affairs. Only out of a long series of such 
patient and often undramatic efforts can that trans- 
formation eventually be achieved. 

Greece 

With respect to the Greek question, the Balkan 
Commission has concluded that Yugoslavia has 
decreased, and may have ceased, its aid to the Greek 
guerrillas and that guerrilla activities in general 
are declining, but the danger still exists because 
of continuing aid, principally from Albania. It 
is timely for this Assembly to make a renewed 
effort to restore peace along the northern Greek 

489 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



border and to reestablish normal relations between 
Greece and all its northern neighbors. Outside aid 
to the guerrillas must stop, and Greece must be 
permitted to bind up its wounds. This session can 
afford further opportunity for continued and sin- 
cere efforts among interested parties to bring about 
this result. 

I believe that I express a desire widely shared in 
this Assembly when I voice the hope that the 
U.S.S.R., which in the past has not participated 
in the Balkan Commission, will join in renewed 
consultations looking toward a settlement of this 
persistent and serious problem. If the northern 
neighbors of Greece have come to realize that their 
own .self-interest requires respect for the recom- 
mendations of the United Nations and an adjust- 
ment of their relations with Greece, I feel that a 
solution can be reached at this time. 

Korea 

A further matter in which the public interest 
has been deeply engaged for a long time is Korea. 
Despite serious obstacles, United 5«ations agencies 
have made a successful contribution to the creation 
of the Republic of Korea and have assisted it in 
its development. Unfortunately, the authorities 
of the northern portion of Korea have so far re- 
fused to permit the United Nations Commission 
to visit that region or to arrange for the unifica- 
tion of the country. 

It is the view of the United States that a United 
Nations Commission should continue to be sta- 
tioned in Korea. Among the principal responsi- 
bilities of such a body should be to observe and 
report on any developments which might lead to 
military conflict in Korea, to use the influence of 
the United Nations to avert the potential threat 
of internal strife in that troubled land, and to 
explore further the po.ssibility of unification. The 
authority of the Commission to observe and report 
on the actual facts may be sufhcient to prevent 
open hostilities. This is the fervent desire of all 
patriotic Koreans. 

Under its established policy the United States 
will continue to give full support to the work of 
the Commission. 

Palestine 

On the que-stion of Palestine it is a source of 
considerable satisfaction that the period of active 
hostilities in that area has been brought to a close 
through the conclusion of armistice agreements 
between Israel and the several Arab .states. The 
efforts of the acting mediator and his staff in this 
connection are worthy of high prai.se. 

Since the first of this year the Palestine Con- 
ciliation Commission has been carrying on its task. 



While no agreed settlement between the parties 
has yet been reached, I am nonetheless hopeful 
that progress will be made in moving beyond the 
armistice stage to that of a real and permanent 
peace. 

Eventual agreement between the parties is es- 
sential for the political and economic stability of 
the area. Later during this session the Palestine 
Conciliation Commission will present a report, 
including the recommendations of the Economic 
Survey Mission which is presently in the Near 
East. On the basis of this report the General 
Assembly should be able to provide such machin- 
ery as may be necessary further to facilitate and 
encourage the parties to reach that agreement. 
The United States stands ready to give its full 
support and assistance to this effort. 

The plight of the Palestinian refugees presents 
to the world a pressing hunianitarian problem. It 
is of the highest importance that the states im- 
mediately concerned recognize and accept their 
governmental responsibilities with re.spect to this 
problem. As an interim measure the General As- 
sembly .should make the necessary provision for 
the maintenance of these refugees until the time 
when they can again become self-sustaining mem- 
bers of the Near Eastern communities. 

It is the hope of the peoples of all faiths that 
the General Assembly will be able to act success- 
fully upon the report of the Palestine Conciliation 
Commi.ssion in respect to Jerusalem. In my gov- 
ernment's view, it should adopt a practical plan 
for a permanent international regime in the Jeru- 
salem area and for the protection of, and free 
access to, the Holy Places. 

Italian Colonies 

Another problem of great complexity which the 
General Assembly did not solve last spring, but 
which now appears ready for solution, is the ques- 
tion of the disposition of the former Italian 
colonies. The exhaustive discussion last spring 
helped to clarifj^ the issues, to bring out new in- 
formation and to enable many members to develop 
their views on the matter. At this session the 
General Assembly should work out plans for a 
united and independent Libya to be carried to 
completion in not more than 3 or 4 years. 

It is the view of my government that the As- 
sembly should agree on provisions enabling the 
peoples of Eritrea to join in political association 
with neighboring governments and the peoples of 
Somaliland to enjoy the benefits of the system of 
tru.steeship. 

We must make every effort to reach agreement 
in this assembly on the major lines of a workable 
plan for the resolution of this important problem. 

The General Assembly's responsibility for the 
disposition of the Italian colonies arose from the 
agreement of the four major signatories to the 
Italian peace treaty to accept the Assembly's rec- 
ommendation. This grant of a new power of deci- 



490 



Department of Sfafe Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



sion to an organ of the United Nations, by express 
prior agreement of the responsible parties, opens 
a promising avenue toward enhanced usefulness 
of the United Nations. . 

The development of this precedent might well 
assist the settlement of various other political 
problems by special agreements, in advance, to 
accept recommendations of the General Assembly 
or tlie Security Council or in legal questions the 
determination of the International Court of Jus- 
tice. Through such advance agreement additional 
services can and should be rendered from time to 
time upon the General Assembly and other organs 
of the United Nations. 

Non-Self-Governing Peoples 

The United States Government takes deep inter- 
est in the varied activities of the United Nations 
affecting the peoples of the world who have not 
yet become fully self-governing. In Indonesia 
the United Nations are watching an example of 
the development of a colonial people to freedom 
and independence and, through cooperative ef- 
forts of both parties at the round table-conference 
at The Hague, a voluntary association to the 
mutual advantage. 

Progress is being made in the realization of the 
Charter objectives regarding non-self-governing 
peoples both in colonial areas and in those under 
trusteeship. My government will continue to sup- 
port the aspiration of those peoples who are work- 
ing out their destinies in the spirit of the Charter 
of the United Nations to the end that they may 
achieve self-govermnent or independence at the 
earliest practicable date. 

Technical Assistance 

There is another field in which the concept of 
international public interest is becoming increas- 
ingly evident. The Charter expresses the deter- 
mination of the peoples of the United Nations "to 
promote social progress and better standards of 
life in larger freedom." 

The Economic and Social Council has laid before 
the General Assembly a progi-am for cooperative 
action by the United Nations and the specialized 
agencies for rendering technical assistance, in the 
economic development of underdeveloped areas. 

My o-overnment will give full support to such a 
prograni to be launched by the United Nations, 
in which international action will supplement and 
support the steps taken by national governments 
to improve economic and social conditions. In 
every field— health, education, agriculture, indus- 
try, and others— particular projects have demon- 
strated that, with the support of local authorities, 
a small number of experts can bring great benefits 
to large numbers of people. These efforts are not 

Ocfober 3, J 949 



for the selfish advantage of any one country. They 
are for the common good. 

Poverty, malnutrition, and disease go together 
and their existence is a threat to the prosperity 
and stability of the rest of the world. National eco- 
nomic development has to come primarily from 
the efforts of the people concerned working with 
their own national resources. But their efforts 
can be leavened and the process speeded up by 
international cooperation to assist the less devel- 
oped areas to acquire the knowledge, skills, and 
techniques by which their efforts can be made more 
productive. . 

The recommendations of the Economic and ho- 
cial Council on this subject are on a bolder scale 
than ever undertaken in the past through interna- 
tional organizations. They offer effective tools m 
the struggle for increased production and ever- 
widening opportunities for employment. They 
deserve careful consideration and approval in the 
common interest. 

Human Rights 

The Charter recognizes that social progress and 
higher standards of life grow from larger freedom. 
Man does not live by bread alone. The Universal 
Declaration of Human Eights, one of the greatest 
achievements of the third session of this Assembly, 
constitutes a long stride forward in our efforte 
to free men from tyranny or arbitrary constraint. 
The United States attaches great importance to 
this work of the United Nations. 

This year we are confronted with a concrete 
issue in this field, the question of observance of 
human rights in Bulgaria, Hungary, and Kumania. 
The treaties of peace with these countries set tortn 
the procedures for the settlement of disputes aris- 
ing under these treaties. Within the last few weeks 
Biilo-aria, Hungary, and Rumania have refused 
to follow these procedures. However, since the 
three govermnents seek to support their position 
on legal grounds, the United States favors submis- 
sion to the International Court of Justice of the 
question whether they are under obligation to carry 
out the treaty procedures. We hope that Bulgaria, 
Hungary, and Rumania will not refuse to accept m 
advance the opinion of the Court and to act m 
accordance with it. The United States as an inter- 
ested party will accept as binding the view of the 
International Court of Justice. 

This issue involves more than the violation of 
terms in a treaty. It affects the rights and free- 
doms of all the people who live m these three states. 

Atomic Energy 

My govermnent deeply regrets that no agree- 
ment has been reached in the United Nations on 
the international control of atomic energy and 
the prohibition of atomic weapons. 

The United States is continuing and will con- 
tinue to strive for an effective system of interna- 

491 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



tional control of atomic energy which would make 
effective the [)rohibition of atomic weapons. Tluit 
is why we su[)port the Commission plan of control 
and i)rohibition as approved by this General As- 
sembly last year. It is clear from the resolutions 
passed by the General Assembly on this subject 
that the overwhelmin/^j majority of the members 
of the United Nations also support effective con- 
trol and effective proliibition. 

Because the Soviet Union refuses either to ac- 
cent this United Nations plan or put forth any 
other effective plan of control and prohibition, 
tlie United Nations Atomic Energy Commission 
has reported again tlie impasse confronting it. 
The Commission found that its discussions were 
not enlarging areas of agreement. On the con- 
trary, the}' were hardening existing differences. 
Therefore, it concluded tliat there was nothing 
practicable or useful it could do until the sponsor- 
ing powers had reported that a basis for agreement 
existed. 

As one of the six powers that sponsored estab- 
lishment of the United Nations Atomic Energy 
Commission, we are endeavoring, in response to 
the request of the last Genei'al Assembly, through 
consultation among the sponsoring powers, to find 
such a basis for agreement. In our view, that 
offers the best prospects of determining whether 
any hope remains for finding such a basis. We 
stand ready to disciiss any proposal advanced in 
good faith for effective international control of 
atomic energy and for effective prohibition. But 
we must state in all candor that unless and until 
the Soviet Union demonstrates a willingness to 
cooperate in the world community and, in the field 
of atomic energy, gives evidence of such a willing- 
ness by agreeing to a truly effective, enforceable 
system of international control and prohibition, 
there is no hope that a basis for agreement can be 
found. 

Regulation of Armaments 

On tlie subject of regidation and reduction of 
conventional armaments, we are all well aware 
that there is no immediate prospect of universal 
agreement. The work done by the Commission 
on Conventional Armaments has helped to provide 
a useful start toward the regulation and reduction 
of armaments and armed forces when that becomes 

?iracticable. The Commission should continue to 
ormnlate such jilans in order that they may be 
available whenever the opportunitj' to utilize them 
arises. 

My government can be depended upon to con- 
tribute fully to the creation of the necessary con- 
ditions of confidence and, with their attainment, 
to play its full role in the regulation and reduc- 
tion, under effective safeguards, of ai-maments and 
armed forces. The policy of the United States 



in this important matter is in full conformity with 
the resolution adopted by the Assembly in Paris 
looking toward the composition of differences 
among the major powers and the establishment of 
lasting peace. 

International Cooperation 

In the persjjective of history, the first 4 years of 
the United Nations have been marked by great 
advances in international cooperation among na- 
tions. Yet we have not attained the assured and 
durable peace mankind sought in the victory in 
194") and seeks in the world today. 

In the Charter we pledged ourselves to settle our 
problems by peaceful means and to build up the 
conditions essential for peace. Disregarding those 
obligations, a small group iias persisted in policies 
threatening other members of the international 
community. As a result a profound sense of 
insecurity has enveloped large areas of the world. 

Security Problems 

To meet this threat of insecurity in Europe the 
United States joined with members of the North 
Atlantic comnnmity in a treaty which makes clear, 
in advance, the determination of the parties to 
resist armed attack on anj' of them. The American 
Republics have undertaken similar commitments 
under the treaty of Rio de Janeiro. Both these 
treaties are made pursuant to the principle of 
collective action to resist aggression embodied in 
the Charter. 

Methods and procedures to give effect to this 
principle vary with circumstances. The members 
of the United Nations, and tlie General Assembly 
itself, must constantly study the means which will 
lead to the stabilization of peace. 

In the final analysis, the security problem is a 
imiversal problem. It cannot be solved except on 
a universal basis, through the United Nations. 

U.S. Pledge for Concerted Action 

The business of this General Assembly is to make 
its contribution to the resolution, in the common 
interest, of the great problems pressing upon the 
nations of the world today. I pledge for the 
United States unreserved support and devotion to 
a concerted effort to this end. Let us proceed with 
appreciation of the limits of what we can expect 
to accomplish at this time, with confidence in the 
long-term values of patience, and with reliance 
upon the power of common sense in international 
affairs. The public interest of the world commu- 
nity demands that we can get on witli our business. 



bij Ambassador Philip G. Jesswp '■ 

We members and friends of the American As- 
sociation for the United Nations are meeting to- 



492 



Department of State Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



gether here today to celebrate a great concept 
which, through the efforts and devotion of men 
and women like yourselves all over the world, has 
been brought to life and to reality. 

Seven years ago the concept of the United Na- 
tions was first embodied in a wartime coalition of 
states pledged to crush powers using military force 
for aggression and aggrandizement. 

Four yeai's ago the concept was firmly anchored 
by the same and other nations in a permanent or- 
ganization pledged to the maintenance of the 
peace which had been so hard won. 

Now we meet here, and the members of asso- 
ciations corresponding to ours meet in other na- 
tions tliroughout the world, to mark the opening 
of the fourth session of the General Assembly of 
that permanent organization. We celebrate the 
actual fruits of what so few years ago was only a 
seed. We celebrate the fact that this week will 
bring together in this city the representatives, in 
many cases the foreign ministers, of 59 nations. 
The seed did not fall in barren ground. 

This afternoon I want to take advantage of this 
opportunity to discuss briefly with you and with 
those who are listening on the radio some of the 
pai-ticular accomplishments of the United Nations 
in the political field and to comment on the politi- 
cal pi-oblems which will be dealt with by this 
session of the Assemblj^ 

I should like to lay particular emphasis on the 
role which the United Nations, and especially the 
Assembly, is playing in meeting two sets of prob- 
lems : first, the problems of peace and security, and 
second, the problem of aiding peoples to emerge 
from colonialism into independence. 

A list of the political issues which have been 
treated by the Assembly would be long. It would 
include the question of Franco-Spain, the treat- 
ment of Indians in the Union of South Africa, 
threats to the territorial integrity and political 
independence of Greece, the Government of 
Korea; it would also include atomic energy, dis- 
armament, the question of withdrawal of troops, 
war propaganda, establishment of an Interim 
Committee (the Little Assembly), pacific settle- 
ment of disputes, membership, and voting proce- 
dure in the Security Council. It would also 
include the question of the violation of human 
rights in Hungary and Bulgaria and the very 
important matter of the disposition of the former 
Italian colonies. 

You are familiar with how the Assembly has 
dealt with these matters in the past, and I do not 
pi'opose to review the record now. What I do 

' An address made before the American Association for 
the United Nations in New York, N. Y. on Sept. IS, 1949, 
and released to the press by the U.S. Mission to the United 
Nations on the same date. Ambassador Jessup is a 
member of the U.S. delegation to the fourth session of the 
General Assembly. 

October 3, 1949 



wish to do is to indicate briefly the United States 
attitude toward those political issues which are 
expected to come before the Assembly commencing 
on Tuesday. 

Italian Colonies 

The Assembly has been deeply concerned at its 
previous sessions, both in Paris and in New York, 
with the disposition of the former Italian colonies. 
This is a most complex problem and one which 
the Assembly has not found it easy to resolve. 
The issue involves peoples in various stages of 
national development, some ready for self-govern- 
ment and early independence, others still needing 
a period of gviidance and political experience. 
There are involved, furthermore, vital questions 
of security in the eastern Mediterranean and the 
Red Sea areas, of the interest of immediate neigh- 
bors of the peoples in question, including some 
which have legitimate claim to certain portions 
of these territories, and, finally, the interest of 
Italy which has made an important contribution 
to their development. It is significant that the 
General Assembly was, in the Italian peace treaty, 
charged with the responsibility for finding the 
fairest and wisest solution of this most diilicult 
matter. 

The United States, having in mind the varying 
degree of capacity for self-government among the 
peoples in question and having also in mind the 
complex of interlocking interests referred to above, 
would favor a solution which would move these 
peoples in the direction of self-government and 
independence in accordance with their particular 
capacity. There would seem to be every reason to 
believe that the people of Libya are approaching 
readiness to govern themselves and that we should 
work toward an independent Libya in the rela- 
tively near future. Eritrea, on the other hand, 
except for the western province, we believe, as 
we have made clear at the previous session of the 
Assembly, should be incorporated into Ethiopia 
with appropriate guarantees for the protection of 
minorities. This solution will permit the people 
of this territory to enjoy immediate self-govern- 
ment as an integral part of an ancient and inde- 
pendent nation. As to the western province of 
Eritrea, the population of which is of a somewhat 
ditferent character, we consider that it should be 
incorporated in the Anglo-Egyptian Sudan either 
directly or under some form of trusteeship. As 
to Italian Somaliland, we continue to believe that 
the people of this territory will require for some 
time to come United Nations guidance and that 
it should therefore become a United Nations trus- 
teeship. We will urge, moreover, as we have in 
the past, that Italy be named as the trustee power. 

Indonesia 

As to Indonesia, we are happy to note that the 
conciliatory efforts of the United Nations have met 
with such response from the governments of the 

493 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Contintied 



Netherlands aiicl Indonesia tliat there is every 
prospect tliat the important round-table conversa- 
tions now in pi'ofjress at The Hafrue will result in 
a broad ajiiri'eenient and in the prompt establish- 
ment of the indefjendence of the Indonesian people 
in close asscx-iation, however, with the Netherlands 
crown and the people of the Netherlands. If our 
hopes in re<;ard to the outcome of the round-table 
conversations are realized, it will be unnecessary 
for the Assembly to deal with this matter, and 
we will be able to congratulate ourselves that the 
United Nations has a larfre measure of resi)onsi- 
bility for an outstandinor achievement on an issue 
affectinn; both world i)eace and the welcome prog- 
ress toward freedom of a once dependent people. 

Palestine 

The Assembly will also be concerned with most 
diflicult problems in connection with Palestine. 
The difficulty, however, of settling; the remaininjf 
international questions which confront the new 
nation of Israel should not lead us to overlook the 
outstanding achievement of the United Nations 
in connection with the emergence of Israel as a 
sovereign people and with bringing to an end the 
hostilities in Palestine. Until the Palestine Con- 
ciliation Commission lias presented its report to 
the Assembly, it would be impossible to specify 
exactly the action which the United Nations will 
be called upon to take. We hope, however, that 
the Assembly will be able to make further progress 
toward reconciliation of the basic issues between 
Israel and her neighbors and to adopt concrete 
measures for the continued support of the great 
mass of homeless Palestinian refugees. These are 
not questions which the Assembly can resolve this 
autumn, but they are questions on which steady 
progress toward solution must be made. 

Korea 

Another question with which the Assembly will 
be called upon to deal is that of Korea. Here an 
ancient nation. long subject to foreign control, has 
been restored to independence. Unfortunately, 
however, that nation has been cut in two, and the 
writ of the Korean Government, recognized by the 
United Nations, does not run in the northern half 
of the country which is subject to a totalitarian 
regime. The security of the Korean people and 
the new Korean state is, moreover, threatened by 
this regime which constantly foments unrest and 
sponsors armed incursions from the northern into 
the southern part of Korea. It is of the utmost 
importance, therefore, that the United Nations 
Commission which has been dispatched by the 
General Assembly to Korea be maintained there 
and that its authority be confirmed and enlarged, 
until the security of the new state is no longer 

494 



threatened. The United States will strongly urge 
such action by the Assembly and will, furthermore, 
continue to give every possible support and encour- 
agement to the Government of Korea, including 
sujjport for its admission as a member of the 
United Nations. 

Technical Aid 

Another most significant matter with which the 
Assembly may be called upon to deal is a report 
which will be presented to it from the Economic 
and Social Council in regard to the extension of 
technical aid for tlie economic development of 
underdeveloped areas. This is obviously a ques- 
tion which ties in very clo.sely with the concern for 
the progress of dependent jjeoples of which I have 
spoken. People cannot obtain the j)olitical experi- 
ence necessary to self-government to achieve the 
political stability essential to independence unless 
they possess at least a measure of economic well- 
being. It is axiomatic that hungry people provide 
a ready prey for demagogues and that liberty has 
little meaning or cannot long endure if economic 
security does not exist. Low standards of living 
cannot be raised overnight or economic problems 
of the millions of peoples of Asia and Africa re- 
solved exclusively by tlie United Nations or by the 
materially more fortunate nations of the West. 
However, it is a fact that the resources of Asia and 
Africa are enormous and that in many cases a 
relatively small amount of technical advice and 
assistance, through the dispatch to these areas of 
experts who can introduce new techniques and 
train local personnel, will produce relatively great 
returns. 

The Economic and Social Council has given 
careful consideration to a program of this sort, and 
the General Assembly will be called upon to ap- 
prove this program and recommend its implemen- 
tation. The United States, for its part, attaches 
the very gi-eatest importance to such a program 
and will give it full support. President Truman 
proclaimed this United States interest in his fa- 
mous Point 4. We believe we should offer to the 
peoples of Asia and Africa the tangible means of 
hel])ing themselves to achieve a better life rather 
than, by the reckless use of political slogans, try 
to inflame them up to a i)itch of international and 
internal violence which may absorb their energies 
for a time but can never solve their problems. As 
each new state becomes independent, it realizes 
that all the members of the modern world com- 
munity are interdependent. We shall, therefore, 
w-ork patiently and steadfastly on a constructive 
cooperative program which will provide a firm 
basis for real national independence among all 
I)eoples. 

Greece 

Another area in which the United Nations has 
been active in the maintenance of j^eace and secu- 

Department of State Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



rity, and in which the United States has played a 
particularly significant role, is Greece. Here there 
has been real progress during the past year in 
reducing the threat to the peace inside Greece and 
limiting the aid to the Greek rebels supplied by her 
northern neighbors. Such aid from Yugoslavia 
has apparently ceased with most salutary effects 
on the situation as a whole. Albania and Bulgaria, 
however, particularly the former, continue to 
shelter and supply the rebels and hence to prolong 
the tragic and bloody civil war which might other- 
wise long since have ended. So long as this situa- 
tion continues, the United Nations Special Com- 
mittee on the Balkans will still have an important 
role to play, and the United States believes that 
it should be continued in being. 

Human Rights 

In another field in southeastern Europe, the 
General Assembly by a resolution of April 30th 
of this year expressed the hope that the proceed- 
ings, which have been instituted under the peace 
treaties with Bulgaria and Hungary charging 
them with violating human rights and requesting 
remedial measures, be applied diligently. Reme- 
dial measures have not been applied and, indeed, 
it has been impossible, because of the attitude of 
the Soviet Union, even to utilize for the consider- 
ation of this matter the machinery provided in the 
peace treaties. The violation in these countries of 
the human rights provisions of the treaties con- 
tinues, moreover, as before. The United States 
will, therefore, pursue this matter before the Gen- 
eral Assembly with a view either to inducing the 
governments concerned to utilize the machinery 
for the settlement of disputes provided in the peace 
treaties or to refer the question for judgment to 
some competent and impartial body such as the 
International Court of Justice. 

Our government has, therefore, come to the con- 
clusion that a wiser procedure would be to drop for 
the present a separate convention on this subject 
and, instead, to insert in the covenant on human 
rights, which is being prepared by the Human 
Rights Commission of the United Nations, a broad 
affirmative provision specifying the right to free- 
dom of information among the basic human rights. 
We believe that the covenant on human rights is 
the proper place for such a statement and that 
without it the covenant would be deficient in a most 
important particular. It should be remembered, 
moreover, that the General Assembly has already 
adopted a Convention on the International Trans- 
mission of News and the Right of Correction deal- 
ing with the operation of foreign correspondents 
and information agencies and that the United 
Nations Educational, Scientific and Cultural Or- 
ganization is even now considering other agree- 

Ocfober 3, 1949 



ments to promote the international circulation of 
educational, scientific, and cultural materials. We 
cannot expect that under conditions now obtaining 
in many parts of the world international action of 
whatever character will guarantee freedom of 
information to all peoples. We are convinced, 
however, that positive and repeated statements 
by the General Assembly and other United Nations 
organs of the standards in this field which we con- 
sider essential to real democracy will not be with- 
out effect even among those peoples who are, for the 
present, ruthlessly denied this freedom. 

Atomic Energy and Armaments 

Let me refer briefly to two issues which will 
come before the Assembly and the resolution of 
which sooner or later is the very keystone of the 
maintenance of peace and security. These are, 
first, the elimination of atomic weapons together 
with the control of atomic energy and, second, the 
regulation and reduction of conventional arma- 
ments. You are fully aware of the extended and 
painstaking efforts which have been made to reach 
agi-eement on these great questions on which in 
the last analysis the future of the United Nations 
and of all of us individually depends. You are 
aware that these problems have not been resolved 
and why they have not been resolved. I do not 
need to go into the details of the interminable 
discussions which have taken place. In a word, 
the Soviet Union has refused to accept the estab- 
lishment of the international controls essential to 
the effective implementation of any agreements on 
these matters. Perhaps in view of the rigid totali- 
tarian political structure of the Soviet Union that 
attitude was to be expected, but it is nonetheless 
disappointing to the hopes of the peoples of the 
world. The United States will continue in the 
General Assembly and elsewhere to pursue ear- 
nestly and constantly whatever means offer the 
slightest promise of achieving international agree- 
ment on these problems. We have offered that, in 
the interest of world security, the great and unique 
weapon which we hold shall be eliminated from 
national armaments when effective enforcible safe- 
guards against evasion are in effect and that other 
armaments shall be regulated and progi-essively 
reduced as soon as political conditions of security 
permit. Neither of these can be accomplished, 
however, until we can feel fully assured that they 
are being accomplished everywhere and at all 
times. We are under no illusions that a solution 
to this most basic of all problems will be found 
at this time, but we shall continue to make abun- 
dantly clear by the positions we take that it is not 
the United States which stands in the way of a 
solution. 

Interim Committee 

Finally, the General Assembly will be called 
upon to consider whether or not it should con- 

495 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



CorUintied 



tinue its Interim Committee, the so-called Little 
Assembly. The United States is convinced that 
the Interim Committee has demonstrated its use- 
fulness precisely in this political field which we 
have been discussing this afternoon and that it 
should be continued for an indefinite period. We 
will so propose to the General Assembly. 

Such are the issues in the political field with 
which the General Assembly is dealing in its 
fourth year. They are issues which go to the very 
heart of the proolem of peaceful international 
relations in the modern world. Specifically in- 
volved in several of those issues and basic to our 
whole world problem is the role of the United 
Nations in assisting peoples who are now entering 
upon or moving toward independent national 
existence. 

Membership 

The period in which we live is marked by the 
rise throughout the world of national gi'oups seek- 
ing self-government and independence. Some of 
these are ancient peoples whom the accidents of 
history placed in temporary dependence but who 
are now being reborn as nations capable of meet- 
ing the responsibilities of freedom and self-gov- 
ernment. In the 4 years that have passed since the 
Charter was signed in San Francisco more than 
400 million people in Burma, Ceylon, India, Is- 
rael, Nepal, Pakistan, and Jordan achieved full 
independence, and most of them have become 
members of the United Nations. Others, fully 
qualified for membership, would now be members 
liad their applications not been vetoed in the Se- 
curity Council. Still other peoples, such as those 
of Indonesia, with w-hom the United Nations has 
been so deeply concerned, and those of Indochina, 
liave already assumed a large measure of self- 
government and are moving through orderl}' 
progressive stages toward full independence. 

Dependent Peoples 

The role of the United Nations, however, is 
particularly comprehensive and important in re- 
spect to those peoples who are still in the stage of 
political development wherein the major respon- 
sibility for their government must still be exer- 
cised by others. Here the United Nations through 
its Trusteeship Council plays the role of watchdog 
and guardian to see to it, first, that the welfai-e 
of the dependent peoples themselves remains con- 
stantly the primary aim of their government and, 
second, that their participation in that government 
is steadily expanded to the full extent of their 
capacities. In the United Nations there exists 
today an unprecedented degree of international 
action with respect to non-self-governing and trust 
territories. All such territories come under its 



496 



review, and the trust territories are subject to 
close supervision. 

It is true that we hear a great deal of clamor to 
the effect that the liberties of these dependent 
peoples are not extended suflBciently rapidly and 
drastically and that their independence is delayed 
for imperialistic reasons. Wherever the motive 
for delay is merely the aggrandizement of empire, 
the motive is bad and to be condemned. But or- 
derly progress toward self-government under in- 
ternational supervision is infinitely to be preferred 
to a sudden interlude of independence which 
merely precedes the equally sudden dictatorship 
of a small group acting under the direction of 
a foreign power. The avowed Communist doc- 
trine of using nationalism only as a stepping stone 
to Communist domination which means enslave- 
ment is now being recognized througiiout the world 
as the most reactionary form of inii>erialism. The 
United States welcomes a comjwrison of both its 
record and its doctrine. We in the United States 
are proud of our record in the rhilipi)ines. We 
are proud to cooperate with the influential repre- 
sentatives of that independent member of the 
United Nations because this is the cooperation of 
warm friends who because they know well and 
admire each other are free to disagree or agree 
according to their convictions. The Philippines 
emerged into independence not as a satellite but 
as a full partner in the international society. 

The United States supports the nationalist as- 
pirations of those peoples who are progressively 
advancing toward the Charter's goal of self-gov- 
ernment or independence. It is the policy of our 
government to use the full measure of its influence 
to support the attainment of freedom by all peo- 
ples who, by their acts, show themselves worthy 
of it and read}' for it. We are convinced that it 
is in the best interests of all concerned that a full 
transfer of authority to such peoples be consum- 
mated quickly and generously. We appreciate 
the advantages flowing from a transfer which is 
based upon mutual accommodation. We recognize 
the farsighted statesmanship of those who trans- 
fer authority and the sense of deep responsibility 
with which those who take authority assume the 
burdens of government. Once won, however, po- 
litical freedom must be preserved. It must be 
preserved not only against attack from without 
but also from those who would betray that inde- 
pendence from within. We shall strive unremit- 
tingly through the United Nations and in associ- 
ation with free peoples, whether they be in Europe 
or in Asia, to see to it that freedom is preserved. 

International Unity 

It is clear that the United Nations, and the 
General Assembly in particular, are playing an 
increasing and a vital role in dealing with political 
issues both in the field of the maintenance of peace 
and in the field of the freedom of ]H'oi)les. One 

Department of Stale Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



has only to imagine the confused, clumsy, and 
often reckless way in which these issues would be 
confronted by 59 sovereign states acting indiyid- 
ually to realize to what a degree the United 
Nations separates us from chaos. 

We could and often do wish for an organization 
with greater scope and power, able to win and hold 
the first loyalties of peoples and governments, 
but we must not let these aspirations for the ideal 



make us forget the solid advantages of the real 
and the possible. We have a long hard road to 
march to reach full international unity, but the 
United Nations is no mean way station. 

Through the idealism, the devotion, and the con- 
stant hard work of people like yourselves in each 
of the 59 states and among all the other peoples 
strivmg to be free, we shall gradually perfect our 
instruments of international cooperation. We 
shall then use those instruments to ward off the 
imminent perils which beset our world and the 
world in which our children must live. 



The Place of UNESCO in American Foreign Policy 

by Assistant Secretary Allen ^ 



UNESCO has the most difficult task in the world 
today — perhaps the most important task which 
exists. Having made such a broad statement, let's 
examine it. Some "people think Unesco has bitten 
off such a big bite that it cannot possibly masti- 
cate it. 
UNESCO'S Sights 

UNESCO is trying to mobilize sufficient human 
sympathy, understanding, and friendship among 
the multifarious and diverse peoples of the world, 
with their different cultures and languages and 
their bitterness and enmity, to accomplish world 
organization strong enough to establish lasting 
peace. 

When I think of the terrific task Unesco has 
before it, I am reminded of a story that the Sec- 
retary of State likes to tell : During the Battle 
of New Orleans, Andrew Jackson's troops on the 
banks of the Mississippi were firing at the British 
gunboats coming up the river. All their shots 
were going over the ships. Jackson dashed out 
of his tent, rushed up to the artillery, and said, 
"Boys! Boys! Elevate them sights a little 
lower!" 

Maybe Unesco will have to elevate its sights a 
little bit lower, but I think not. Sometimes we 
overemphasize the difficulties and fail to concen- 
trate enough on the favorable aspects which may 
enable Unesco to succeed. 

Seminar on Democracy 

The report of the seminar on democracy in 
Paris, which Richard F'. McKeon of the University 
of Chicago attended recently, impressed me par- 
ticularly. In that report, of a group of experts 
gathered together to try to see whether they could 

' This article is based on the remarks that Mr. Allen 
made before the first plenary session of the U.S. National 
Commission for Unesoo in Washington, on Sept. 9, 1949. 

Ocfober 3, 1949 



find some unified definition of "democracy," it was 
determined from the 85 replies to questionnaires 
that the supreme goal of every country and peoples 
of the world is the achievement of democracy 
throughout the world. 

The nations appear, from that poll, to have 
reached absolute unity as to objective. That's 
news. It is a far cry from 10 years ago when 
Hitler's Nazi regime used the vulgar but impressive 
statement: "I spit on liberty." Democracy and 
the "bourgeois" ideas of individuality were de- 
sjjised by the entire Nazi regime. 

Now democracy is written large as the ulti- 
mate goal of the foreign policy of every freedom- 
loving nation and people of the world. 

U.S. Institutions 

We are often told that the United States should 
not try to cram its brand of democracy down 
the throats of the world, but that we should, in 
our spirit of tolerance, recognize that there can 
be variations in the concepts of democracy and 
that in the live-and-let-live philosophy, we should 
not insist that everybody make himself over in our 
likeness. 

I myself am inclined to think that there is no 
such thing as the American brand of democracy, 
or the English brand, or even the Soviet brand, 
in the Unesco sense. We have borrowed almost aU 
of our concepts of democracy. We have contrib- 
uted our share toward expanding or clarifying 
ideas that were suggested long before our states- 
men and writers began working on the subject. 
We have all sorts of institutions of our own here 
in the United States, such as the Parent Teachers 
Associations, the 4-H Clubs — we even have the 
Ku Klux Klan. But we are not insisting on trans- 
planting them to other countries. 

Unesco, through this seminar on democracy, is 
going right to the heart of the problem. It is try- 

497 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



ing to work out iinivcisal concepts rcj^arding tlie 
principles on wliicli the Uxksco Cliartt'r is based. 
Those principles center in the word '"democracy." 
The goal of U.ne.sco and the goal of the United 
States are precisely the same. The goal is to 
achieve world democracy. 

Changes in Democracy 

Turning to the modern concept of the term "de- 
mocracy," Dr. Raymond Fosdick recently pointed 
out in a splendid article in the New York Times 
that a certain evolution is taking place at the pres- 
ent time in the thinking of many people regarding 
the meaning of the word. Starting from the basic 
elements of equality, liberty, and fraternity of the 
French Revolution and the principles written into 
the foundations of the United States Constitution, 
the thinking has goiu' forward, not to change the 
original concept, but to go somewhat beyond it. 
Many people believe tluit government has the re- 
sponsibility not oidy to see that the individual re- 
tains his liberty, but also that certain consideration 
is given to his welfare in the fields of education, 
health, housing, and general well-being. These 
social aspects have not detracted at all from the 
fundamental, original, basic, hard-core concept of 
democi'acy in the political sense, but, as Dr. 
Fosdick says, thinking has gone beyond that in the 
minds of many people today. 

Now, there are differences of opinion as to how 
far that departure should go. A part of the prob- 
lem of UNESCO is to correlate the views of the 
member states in this matter. 

Policy and Public Opinion 

The job of Unesco is vastly different from the 
ordinary day-to-day job of any foreigiT office or 
the Department of State. The attitude of the 
Department of State toward any foreign country 
at any given moment is essentially the attitude of 
the American people toward that country. This 
relationship exists in any genuiiiely democratic 
country, in our use of the term. At this present 
moment, what is the attitude of the American peo- 
ple toward Tito, Franco, Peron. Great Britain, 
France, China, or what-have-you? What goes to 
make up that attitude which governs the day-to- 
day workings of the Department of State? 

It is well understood that the United States at- 
titude toward any given foreign country at any 
time is not something absolutely black or white. 
It results from a lot of ingredients which, added 
together, give a balaiiced mixture. 

A first consideration would be: Aside from 
whether the foreign country is a dictatorship oi- a 
democracy or what it is, is it aggressive ? Is the 

498 



country threatening its neighbors? That sets an 
immediate tone in our attitude. 

A second factor is the attitude of other people 
toward the United States. The human trait is to 
like people who like you. Are the people of the 
country in (|uestion quarreling with us every day? 
Arc they finiling fault with us? Or are they tend- 
ing towai'd more friendly relations with us? Tins 
is an ingredient we cannot ignore. It has to be 
taken into consideration. 

Another very real consideration which most 
Americans take into account with regard to a 
foreign country is the extent to which its insti- 
tutions are similar to ours. Is there individual 
liberty? Is there freedom? Are there honest 
elections? Are thei'e courts of justic-e in the given 
foreign country? 

Another factor is the economic policy which the 
given country follows. Does it follow the prin- 
ciple of free enterprise? The attitude of many 
Americans toward Great Britain today depends 
upon whether those individuals approve the eco- 
nomic policy which Great Britain follows. The 
Department of State must, of course, take these 
views into consideration. 

Another important consideration, on particular 
occasions, is the frequent sympathy of Americans 
for the under dog. Other considerations might be 
outweighed momentarily by a sudden surge of 
emotion. "WTien the Soviet Union attacked Fin- 
land in 1940, there was a great wave of emotion 
in the United States unfavorable to the Soviets. 
During the Boer War in 1!)0(). the general atti- 
tude of the man on the street in the United States 
was, "Those poor little Boers are being piished 
around by a great country."' Nobody asked wlio 
was right or wrong. One can imagine what would 
happen if a conflict should break out in the Bal- 
kans tomorrow. A strong wave of emotion prob- 
ably would arise in the United States if any small 
country were attacked bj- a large one, and all other 
considerations might be wiped out. 

History plays an important role in the formu- 
lation of policy. One of the things that colors the 
opinion in Eastern Europe today, in countries like 
Czechoslovakia, is what happened at Munich. The 
Czechoslovaks feel that the Western powers let 
down Czechoslovakia at Munich. Therefore, 
whenever there is a decision on the part of the 
Czechoslovaks as to how closely they should tie up 
with the Western powers again, they ask, "'Are we 
likely to let ourselves in for another Munich?" 
The Soviet Union recalls the interventions of 1919. 
Americans do not retain bitterness very long, but 
we must keep other people's emotions in mind. 

UNESCO'S Task 

In my view, Unesco is concerned with some- 
thing over and beyond, and in the long range much 
more significant, than the temporary, changing, 
ephemeral matters of foreigii policy to which I 
{continued on paiic 5IS) 

Department of Slate Bulletin 



The United States in the United Nations 



[September 30-October 1] 
New Assembly Agenda Items 

Two new items were added to the already 
crowded General Assembly agenda and referred 
to the Political and Security Committee : 

"Condemnation of the preparations for a new 
war, and conclusion of a five-power pact for the 
strengthening of peace," introduced by U.S.S.R. 
delegate Andrei Y. Vyshinsky, and "Threats to 
the political independence and territorial integrity 
of China and to the peace of the Far East, result- 
ing from Soviet violations of the Sino-Soviet 
Treaty of Friendship and Alliance of 14 August 
1945, and from Soviet violations of the Charter 
of the United Nations," submitted by chairman of 
the Chinese delegation. Dr. T. F. Tsiang. 

The item with regard to China, submitted by Dr. 
Tsiang on September 26, was included in the 
agenda over the objections of the Slav bloc, includ- 
ing Yugoslavia. Dr. Tsiang, in supporting his 
request in the General Committee pointed out that 
the Sino-Soviet Treaty and its annexed agree- 
ments had been concluded in fulfilment of the 
Yalta agreement. Under this treaty, he said, both 
parties had assumed certain definite obligations, 
including: (1) mutual respect for respective ter- 
ritorial integrity and sovereignty and the prin- 
ciple of noninterference, (2) mutual economic 
assistance, and (3) agreement that administration 
with respect to Dairen should belong to China. 
He expressed deep regret that "the Union of Soviet 
Socialistic Republic has chosen not to honor her 
treaty obligations." He stressed that the Chinese 
complaint was directed against the Soviet Union 
and not the Chinese Communists. Before the 
plenary, Dr. Tsiang denied the Soviet insinuation 
that the Chinese case had been instigated by any- 
one except China. 

Mr. Vyshinsky, in a 40-minute speech before 
the plenary, referred to the "Kuomintang Re- 
gimens" charges as "slander" and "pettifoggery," 
describing the item as an attempt to blame the 
fiasco in China on outside sources. Ambassador 
Austin, in supporting inclusion of this item, stated 
that the matter was obviously one of important 
international concern falling within the scope of 
the Charter. 

Ocfober 3, 1949 



Korea 

Continuation of the United Nations Commission 
on Korea and strengthening of its powers was pro- 
posed jointly by the United States, Australia, 
China, and the Philippines in the Ad Hoc Political 
Committee on September 29. The Commission 
would be empowered to (1) report developments 
which might lead to military conflict in Korea, 
(2) seek to facilitate the removal of barriers to 
friendly relations between North and South Korea 
and supply its good oiEces to assist in bringing 
about the unification of Korea, (3) appoint 
observers and utilize the services and good offices 
of others as it may choose to employ to accomplish 
these tasks, (4) be available for observation and 
consultation throughout Korea in the continuing 
development of representative government, includ- 
ing elections of nation-wide scope, and (5) verify 
the withdrawal of Soviet occupation forces insofar 
as it is in a position to do so. 

Charles Fahy of the United States, introducing 
the joint resolution, said it was hoped that the con- 
tinued presence of the Commission would serve 
as an important stabilizing influence and a deter- 
rent to possible "open military conflict" in Korea. 
But, "in the event that conflict should occur," he 
said, "the United Nations would have at hand 
testimony from a duly constituted agericy regard- 
ing its nature and origin, and regarding the re- 
sponsibility therefor." He pointed out that the 
General Assembly recommendations for the uni- 
fication of Korea on the basis of United Nations- 
observed elections have been flouted by the 
northern regime, with the result that Korea con- 
tinues divided and threatened by brutal conflict. 
The Communist regime not only has denied the 
United Nations Commission access to its territory, 
Mr. Fahy noted, but it has also actually broadcast 
threats against the Commission. 

Greek Question 

An Australian proposal for a Conciliation Com- 
mittee on the Greek question was unanimously 
adopted by the General Assembly's Political and 
Security Committee on September 29 after 2 days' 
discussion of this first item on the agenda. The 

499 



Conciliation Committee, composed of Assembly 
President Carlos P. llomulo, Secretary-General 
Lie, Lester B. Pearson of Canada, and Seliin Sar- 
per of Turkey, Chairman and Vice-Chairman re- 
spectively of the Political and Security Committee, 
will report to that committee by October 17. 
Pending receipt of this report, further considera- 
tion of the Greek question has been suspended. 
A Polish proposal calling upon the Committee to 
appeal to the Greek Government to suspend all 
executions and court martials and in particular 
the death sentence against Catherine Zevgos was 
rejected as a matter essentially within the domestic 
jurisdiction of Greece. It received support from 
only the six Slav states. Benjamin V. Cohen 
(United States) supported the Australian pro- 
posal for a Conciliation Committee. 

Freedom of information 

The Human Eiglits Commission will be asked 
to include tlie broad, general principles of free- 
dom of information in its proposed Covenant on 
Human Rights, and further action on the draft 
Convention on Freedom of Information will be 
postponed to the next session of the General As- 
sembly. These provisions were embodied in a 
joint United States-United Kingdom-Netherlands 
resolution adopted by the Social, Cultural and 
Humanitarian Committee of the General As- 
sembly on September 27 by a vote of 29 to 13, with 
8 abstentions. A companion joint resolution, 
sponsored by the same three states, requested that 
the Convention on the International Transmission 
of News and the Right of Correction be open for 
signature immediately but was rejected by a vote 
of 16 to 18, with 13 abstentions. This convention 
was approved by the last Assembly session with 
a stipulation that it would not be open for signa- 
ture before the Freedom of Information Conven- 
tion was approved and both could be signed by 
acceding nations. 

Mrs. Franklin D. Roosevelt opened the Commit- 
tee debate, stating that freedom of information is 
an essential element in both peace and security and 
that the important thing is to state in an interna- 
tional instrument the principles of freedom of 
information." She considered that the Covenant 
on Human Rights is "an appropriate instrument" 
for those basic principles. Mrs. Roosevelt men- 
tioned the difficulties, arising from conditions in 
various countries, that had been encountered in 
drafting the convention on this subject, with the 
result that a great many exceptions had to be writ- 
ten in as soon as the attempt was made to formulate 
the details. None of those conditions has changed 
in the last 5 months, she continued. Supporting 
the second resolution, Mrs. Roosevelt said that the 
Convention on the International Transmission of 



News and the Right of Correction was "adopted 
by a large majority at the last session, and in our 
view, we should not delay any longer giving an 
opportunity to sign to those who are now ready 
to do so." 



Access of News Personnel to United Nations 

A resolution urging all countries to grant free- 
dom of access for accredited news personnel to 
countries where meetings of the United Nations 
take place and to the sources of information on 
the United Nations and its specialized agencies 
was adopted by the Social, Humanitarian and Cul- 
tural Committee of the General Assembly on Sep- 
tember 29 by a vote of 42 to 0, with 7 abstentions. 

Miscellaneous items 

The proposal for the establishment of a United 
Nations postal administration, which would oper- 
ate like any national post office, with its own spe- 
cial stamps and administratoi'S, permitting a 
saving of 21 thousand dollars a year as compared 
with present postal costs, is being considered in 
the General Assembly's Administrative and 
Budgetary Conmiittee . . . The Legal Committee 
is discussing possible changes in methods and 
procedures of the Assembly, based on proposals 
of a special committee established at the last ses- 
sion to study this problem . . . The Economic and 
Finance Committee is discussing plans devised by 
the Economic and Social Council for economic 
development of underdeveloped countries. _ 

Representatives of seven Mediterranean coun- 
tries, meeting in Rome under the auspices of the 
Food and Agriculture Organization, have agreed 
to establish a Mediterranean Fisheries Council to 
be set up in essentially the same way as the Indo- 
Pacific Fisheries Council . . . The International 
Bank for Reconstructions and Development has 
granted a loan of 10 million dollars to India for 
the improvement of agricultural production . . . 
Ceylon and Israel have become members of the 
International Telecommunication Union, increas- 
ing the membership of this second largest of the 
specialized agencies to 81 countries. 

The Special Committee on Information from 
Non-Self-Governing Territories on September 8 
adopted a United States resolution recommending 
that the Committee be continued for an additional 
3-year period . . . The Trusteeship Council, at a 
special meeting on September 27, approved the ap- 
pointment of a new member from Mexico on the 
United Nations Visiting Mission which will visit 
trust territories in West Africa this year. The 
other countries represented on the mission are Bel- 
gium, Iraq, and the United States. 



500 



Department of State Bulletin 



Protocol: What It Is and What It Does 



hy Stanley Woodward, Chief of Protocol 



No feature of diplomacy, I venture to say, is 
more misunderstood by more people on more oc- 
casions than is the function of protocol. Some 
very well-meaning persons ask me whether my sole 
function is to send out invitations to dinner par- 
ties ; others, equally well-meaning, inquire whether 
I wear formal clothes to my office or spend most of 
my time seating tables. 

In the face of this popular misunderstanding, it 
might be appropriate to set the record straight on 
the position, function, and necessity of protocol in 
foreign aifairs. 

Protocol is the rule book by which international 
relations are conducted. Any organization, any 
society must, if it is to thrive, operate under certain 
rules if for no other reason than to prevent chaos. 
The same rules apply to relations between govern- 
ments. It is necessary that contacts between na- 
tions be made according to law, custom, and some 
form of planned organization. Thus made, the 
contacts connote mutual respect for the laws and 
customs of the countries concerned. They for- 
malize the channels of communication between 
governments. These are the rules of foreign rela- 
tions which are the concern of protocol, the point 
of contact between governments. It is the agreed 
method of doing business, of "getting along." 

A prime purpose of protocol is to create an at- 
mosphere of friendliness in which the business of 
diplomacy may be transacted. This purpose is 
based on the conviction of most, if not all, nations 
that countries with differing viewpoints are better 
able to reach agreement in an atmosphere of friend- 
liness than in one of hostility. 

In seeking this objective, the function of pro- 
tocol may be exercised in a variety of ways. A 
friendly conversation at a dinner party may be 
one way ; adhering to law and custom in the exten- 
sion of diplomatic immunities may be another. A 

Ocfofaer 3, 7949 

856344 — 49 3 



cordial welcome to a foreign head of state or offi- 
cial may be yet another. Nations honor each 
other's pledges ; they assume that the courtesies of 
one nation will be returned in others. In short, 
the rules of diplomacy tend to be reciprocal 
throughout the world. 

Many years ago the functions of protocol con- 
sisted almost exclusively of formal ceremonial 
arrangements. Kings required the services of 
court aides to prepare elaborate receptions and 
dinners for visiting officials of foreign countries. 
Ambassadors were presented to court in ceremonies 
attended by great pomp. In Spain and elsewhere, 
the chief of protocol was known as Introducer of 
Ambassadors, a self-explanatory title which many 
of them still retain. If not his only function, the 
introduction of ambassadors was at least consid- 
ered his most important. 

These formalities were outward expressions of 
good manners between friendly governments. 
The years have taken much of the pomp and pic- 
turesque ceremonial out of protocol, but they have 
not removed the necessity for good manners be- 
tween countries. Today, when some diplomatic 
relations are conducted against a background of 
name-calling, the requirement of good manners is 
no less evident. It is significant that nations that 
indulge in name-calling are discreetly respectful 
of the time-honored methods of showing good 
manners in their public acts. 

We in protocol look upon ourselves as the 
guardians of international behavior in Waslung- 
ton. In the course of our duties we act as guide, 
philosopher, and friend to 70 ambassadors and 
ministers. We deal with each on equal terms but 
stay out of any political controversy. That fact, 
I believe, makes us unique among representatives 
in foreign affairs. 

When the United States establishes diplomatic 

501 



relations with a country, the Protocol Staff is the 
first oflicial contact between the two governments. 
When the United States breaks off diplomatic re- 
lations with a country, the Protocol Staff is the 
last oflicial contact. 

In one sense, protocol functions and the methods 
of carrying them out represent the country itself. 
For example, some European and Latin Ameri- 
can countries have long histories and traditions of 
ceremonial elegance surrounding their official be- 
havior. Coaches, royal courts, coronations are 
part of the gilded trappings of their history which 
even today thoy are reluctant to give up. They are 
ingrained in their national life. The protocol offi- 
cers in those countries must respect and reflect 
those traditions in carrying out their functions. 

The United States, however, has no such back- 
ground. Its history, as reflected in its acts and 
its public officials, is one of simplicity. Jefferson 
and Lincoln, among otliers, were noted for their 
unpretentiousness of action and simplicity of ut- 
terance. Benjamin Franklin, our first ambassador 
.to France, endeared himself to the French through 
demonstrations of characteristic American wit and 
neighborliness wliich ultimately won much-needed 
shipments of supplies to American forces in the 
Revolutionary War. 

Lacking the ornate ceremonies of other nations, 
the United States depends on the friendliness and 
vitality of the American people to speak for the 
country in its dealings with representatives of 
other lands. Since it is my dut}' frequently to 
show such representatives our country, I try to 
make it possible for foreign visitors and resident 
chiefs of mission to come into contact with this 
friendliness and vitality. Such an opportunity, 
I miglit add, makes my job much easier than 
those of some of my counterparts in other coun- 
tries who must depend on ceremonial traditions 
to impress visitors. Visiting officials do become 
impressed with this friendliness. 

In seeking the objective of a friendly atmos- 
phere for the transaction of diplomacy, the Pro- 
tocol Branch engages in certain well-defined func- 
tions that serve both the President and the Sec- 
retary of State. As Chief of Protocol, I serve 
as the protocol officer of the President and tlie Sec- 
retary of State and serve as liaison between the 
Department and the White House in all matters 
relating to protocol. 

The Protocol Staff relieves the President and 



Secretarj' of many formalities and time-consum- 
ing procedures. Many of these relate to the 
appointment and accreditation of ambassadors 
and ministers to the United States. The process 
is rather simple. A foreign country sending an 
ambassador or minister to the United States sub- 
mits the name of the candidate in a letter to this 
government. 

The letter comes originally to my office. It is 
then sent to the appropriate geographical desk 
for recommendations. Here I should note that 
99 percent of all such requests are approved. It 
has become customary among friendly nations to 
honor the appointments of each other. Only per- 
sons with well-known pronounced prejudices 
against the United States or an individual whose 
character is not up to diplomatic standards would 
likely be rejected. 

Once favorably recommended, a letter is sent 
to the Secretary and then to the President for ulti- 
mate approval. The familiar notation "O. K." 
followed by the President's initials on the letter 
is the final step in the process. 

This approval does not end the work of the 
Protocol Staff; it is, to a large extent, just begin- 
ning. The Office, in conjunction with the area 
desk involved, arranges for appropriate remarks 
for the President's reply when the incoming envoy 
presents his credentials. Actually, the words are 
not uttered orally, but are exchanged in writing, 
and the text made available to the press for public 
dissemination. Years ago, however, the remarks 
were made orally but time and a more informal 
api)rouch have eliminated the practice. 

Once an ambassador or minister is officially 
accredited, it becomes necessary to provide him 
with the privileges and immunities granted him 
in accordance with law. This procedure involves 
a series of tasks, routine but necessary, which de- 
volve on the Protocol Staff. It must issue diplo- 
matic identification cards, diplomatic license tags, 
free driver's permits and Congressional gallery 
passes to chiefs of foreign missions and their wives. 

In this connection the Protocol Staff also pub- 
lishes the official Diplomatic List that contains 
the name of every diplomatic representative of a 
foreign government assigned to Washington. 
Widespread use is made of tliis list: Department 
officers constantly refer to it in their work and law- 
enforcement officers use it to make routine checks 
on diplomatic immunity and freedom from taxes. 

Matters relating to taxes is also a subject for 



502 



Department of State Bulletin 



the iurisdiction of the Protocol Staff. Diplomatic 
officials in the United States are granted legal im- 
munity from certain domestic taxes, such as in- 
come, sales, and excise levies as well as free cus- 
toms entry. It is a function of the Protocol Staff 
to see that foreign officials entitled to such im- 
munity receive internal revenue certificates indi- 
cating the degree of exemption. 

Nearly all functions of the Protocol Branch are 
concerned with international personnel and inter- 
national procedures. One exception to this rule 
involves the custody and authority over the Great 
Seal of the United States. The use of the seal 
on documents as a symbol of dignity and authen- 
ticity is strictly defined by law. An act of 1789, 
which designated the Secretary of State as cus- 
todian of the seal, made specific provisions for 
use of the seal. They have been modified only 
slightly by subsequent legislation. 

The seal is affixed to such civil commissions as 
those of Cabinet officers, ambassadors, and min- 
isters; written authorizations issued to foreign 
consular officials stating the limits of their juris- 
diction in the United States; ratification of 
treaties ; Presidential powers to negotiate a treaty 
or exchange ratifications ; Presidential proclama- 
tions, and to the envelopes containing letters of 
credence or other ceremonial communications to 
the heads of foreign governments. 

Another word about the seal. In the early days 
of the Republic, it was customary for merchants, 
importers, and other commercial traders to use the 
design of the Great Seal, or modifications thereof, 
to decorate their product. Although even today 
the Department has no legal authority to with- 
hold the design of the Great Seal or to prevent 
its duplication, the prevailing opinion is that the 
Great Seal should be reserved for official docu- 
ments as prescribed by law. 

The large iron "arm" which impresses the Great 
Seal on documents is kept at all times in the cus- 
tody of the Protocol Branch. When not in use, 
it is locked up in the diplomatic reception room in 
the Department. 

One subject which recurs quite frequently in the 
work of the office is the custody of medals and 
decorations awarded by foreign governments to 
public officials in the United States. Under the 
Constitution, public officials are not permitted to 
receive such decorations without the consent of 
Congress. During the war, however, members of 
the armed forces, under special legislation, re- 

Ocfober 3, 1949 



ceived permission to accept certain foreign decora- 
tions. Wartime legislation in this regard having 
lapsed, the awards now received must be turned 
over to the Protocol Staff of the Department for 
safekeeping until such time as the recipients are 
legally entitled to receive these decorations. 

Finally, I should note but not emphasize the 
well-publicized function of arranging social func- 
tions for the President, Secretary of State, and 
other high-ranking Department officials. Many 
people believe this is an easy assignment — a "soft 
touch" in the words of one aquaintance. Actually, 
the arranging of such a function is frequently a 
more difficult assignment than might appear. 

Suggested invitation lists must be prepared, a 
budget must be drawn up for each occasion, ap- 
proved invitations sent out, all hotel arrangements 
made, the seating chart and place cards prepared. 
At the function itself, care must be taken to assure 
that the formalities run smoothly and that no 
circumstances develop which might prove embar- 
rassing to the Department or to the government. 

This by no means exhausts the list of functions 
of the Protocol Staff. It has others. In normal 
times, when the White House is occupied, it oper- 
ates the Blair House and Blair-Lee House for dis- 
tinguished foreign visitors and arranges for visits 
to foreign ports and countries by United States 
armed forces vessels and personnel and similar 
visits to the United States by foreign armed ves- 
sels and troops. It keeps an up-to-date register 
of all members of international organizations 
meeting in the United States, including the United 
Nations and its specialized agencies. It also ar- 
ranges appointments with the President for for- 
eign nations and American chiefs of missions 
abroad. 

Although certain explicit functions of protocol 
are provided by the Constitution and by statute, 
the implicit functions of protocol are unlimited. 
They involve acts which make the United States 
better understood and better appreciated. The 
scope of protocol, therefore, is infinitely broader 
than the assigned duties of the office. It encom- 
passes the broad, complex principles of human fel- 
lowship and good manners which have existed be- 
tween peoples and nations for centuries. Destruc- 
tive wars have not been able to wipe out those 
principles. As long as nations and peoples want 
to "get along," there will be an important role for 
protocol to play in the international life of our 
civilization. 

503 



What Is a Bipartisan Foreign Poiicyl 



hy Ernest A. Gross, Assistant Secretary for Congressional Relations 



Foreign policy, like navigation, requires steer- 
ing the best course to a known objective. In- 
formed men usually will not differ in defining 
the major objectives of our foreign policy, but, 
rather, in choosing the most effective of the avail- 
able alternative courses. In a democracy this 
choice rests on enlightened common consent. 

There is general agreement that we wish to see 
the maintenance of international peace and se- 
curity in a world of free nations dedicated to the 
protection of human rights and fundamental 
freedoms. 

We are not now living in that sort of a world. 
As the leader of that part of the world which is 
free we require a clear, continuous, and consistent 
foreign policy. National security demands that 
continuity and consistency survive changes in ad- 
ministration. The obligation of leadership re- 
quires that our foreign commitments stay afloat 
on all political tides. These are the reasons for 
a bipartisan foreign policy. 

Although conflicts attend the separation of 
powers decreed by the Constitution, the principle 
of collaboration in foreign affairs between the Ex- 
ecutive and the Congress is accepted as the rule. 
Procedures have been developed to make collab- 
oration systematic and the Department of State 
has designated officials to carry this out as their 
primary responsibility. 

Since the Congress operates largely through its 
committees composed of members of the two ma- 
jor parties, successful collaboration in foreign 

EorroB's Note : Mr. Gross and Mr. Marshall substituted 
for Edgar Ansel Mowrer, newspaper columnist, while the 
latter was on vacation. These articles were released by 
General Features Corporation on August 22 and August 
29, 1049, resi)ectlvely, and are reprinted with permission. 

504 



policy matters requires a sound relationship not 
only between the Executive and the congressional 
majority, but with the minority party as well. 
This is all the more necessary when serious dif- 
ferences of opinion exist within congressional 
parties. 

The evolution of a successful foreign policy is 
better assured if it is founded upon the support 
of like-minded statesmen, whatever their party 
affiliation. Indeed, Viscount Bryce noted 50 years 
ago that differences may exist without breaking 
party unity, since all that was needed was "that 
a solid front should be presented on the occasions, 
few in each session, when a momentous division 
arises." 

Are such "momentous divisions" inescapable in 
the development of United States foreign policy? 
The majority party bears the responsibilities 
which go with "administration." The minority 
party owes the duty of "loyal opposition." A bi- 
partisan foreign policy, however, presumes that 
neither party will seek to derive party advantage 
through the manner in which it discharges its 
responsibilities and duties. 

Tlie administration should refrain from making 
foreign-policy proposals for partisan reasons or 
from seeking partisan advantage in the execution 
of foreign policy. The minority party should 
refrain from opposition based upon partisan con- 
siderations. Criticism would be "on the merits" 
and always welcome. 

Obviously, the decisive element in such an ar- 
rangement is good faith. An action or attitude 
is colored by the motive which breeds it. Suspi- 
cion of partisan motive has often choked off col- 
laboration like a jungle vine. Inasmuch as basic 

Department of State BuUetin 



objectives are rarely in dispute, the duty of the 
executive and of the legislature is to clarify the 
alternatives. A proposed course of action must 

Prest upon the argument which supports it. Op- 
position, to be constructive, must similarly assert 
the justified alternative. There is no other way 
to develop and maintain an enlightened public 
opinion. There is no other satisfactory way in 
which a democracy can conduct its foreign affairs. 
The necessary working conditions for a biparti- 
san foreign policy are these: (1) An understand- 
ing among respective party leaders implying com- 
mon readiness to collaborate; (2) full sharing of 
information; (3) timely consultation. 

The last element — timely consultation — offers 
the greatest challenge to good faith. Either the 
"administration" or the minority may be asked 
by the other to modify or abandon carefully con- 
sidered foreign-policy proposals. 

Public interest then requires sincere efforts to 
clarify the alternative courses. The Executive, 
having a constitutional responsibility it can 
neither share nor avoid, should present its pro- 
posals in a maimer which permits the minority to 
fulfill its public duty to weigh the alternatives. 



The attitude with which both sides approach 
the problem affects the outcome. Wisdom may 
call for compromise. But the end in view is to 
achieve agreement on a sound and publicly sup- 
ported policy. Compromise is a means to that 
end, not an end in itself. 

Bipartisan foreign policy exists when there is 
a sustained sincere effort to reach agi'eement on 
objectives and on courses of action. It is not de- 
stroyed merely because agreement is not always 
reached. 

When disagreements persist despite full and 
timely consultation, the issues are often drawn 
between persons rather than between parties. 
Such differences are unavoidable in any society. 
They are relevant to the problem of a bipartisan 
foreign policy only to the extent that they reveal 
a desire to obtain partisan advantage. Party 
discipline may rally adherents to one side or the 
other. But a successful bipartisan foreign policy 
will make it virtually impossible for "momentous 
divisions" to occur in our foreign affairs. 

The primary condition is the will to succeed. 
The world in which we live does not leave us much 
room for failure. 



Financing Our Foreign Policy 

hy Charles Burton Marshall, Staff Consultant 
Committee on Foreign Affairs, Hox^se of Representatives 



The Executive withheld the Military-Assistance 
Program until the waning days of an exhaustive 
session. In the press of time the Committee on 
Foreign Affairs could not resolve its will. The 
bill produced four minority reports subscribed 12 
times by a total of 10 IMembers. This was no 
simple rupture of bipartisanism. The difference 
cut four ways — not just straight down the middle. 
The result in the House — the halving of the au- 
thorization for military assistance for Western 
Europe — was inevitable, given the differences 
within the committee. 

The differences were as to means, not ends. Too 
often bipartisan foreign policy is discussed only 
in terms of the latter. But the rubs develop in 



the questions of means. Those are the questions 
that take time. It is of the factor of time in legis- 
lation that I write. I shall pose the problem. I 
don't know the answer. Let us take the time 
factor in the work of the House Committee on 
Foreign Affairs, which I serve. 

You may get some idea of the scope of its tasks 
by a comparison with 15 years ago. 

In the Seventy-third Congress this committee 
got around to legislation only in the second regu- 
lar session. It handled nine minor public bills 
and a few private relief measures. None of these 
bills even remotely resembled an issue. The 
money involved in the public bills was a mere 
$102,000. 



Oefober 3, 1949 



505 



At this session of the Eighty-first Congress- 
only this session— the committee has reported 25 
public bills. A dozen of them lie at the heart 
of foreign policy. Nine have involved strenuous 
floor fights. Eleven were of such consequence or 
controversy as to require special rules — the par- 
liamentary device for giving exigent measures 

priority. 

The sharpest illustration pertains to money. 

The total of authorizations in committee bills so 
far this session is $7..'5ni.TG0..')98. Dollarwise. the 
job of public policy in the committee has multi- 
plied by 145,000 in 15 years, comparing this ses- 
sion with a whole Congress of 193;>-3-i. 

And consider the matter of variety. In general, 
the bills before this committee have only one com- 
mon quality— their relation to foreign aifairs. 
They may "differ completely in substance. The 
committee must study a question of an en bloc set- 
tlement of international claims or legal immunity 
of international organizations as if it were the 
Judiciary Committee. It must study a question 
of power development on an international river 
as if it were the Committee on Public Works. It 
must study military assistance as if it were the 
Armed Services Committee. And so on through 
a list in its way almost as diverse as the legisla- 
tive task of the entire House. 

No let-up is in sight. The issue of the Inter- 
national Trade Organization— a tremendous 
one — must lie over to the next session. The so- 
called point IV legislation will have to wait. 
These two measures alone constitute enough un- 
finished business for a whole session. But they 
are not all. The European Kecovery Program 
must come up again next .spring. So must mili- 
tary assistance. Aid to China will be back. Per- 
haps also aid to Korea. And a dozen or more 
issues whose importances we call secondary only 



because the importance of others is so vast. 
This huge job falls on a committee of 25. Four- 
teen are Democrats and eleven Republicans. 
Twentv-three are men. and two are women. The 
average age is 50. but the oldest among them was 
45 wiren the youngest was born. On an average 
they are in tlieir fourth term in Congress. l)Ut the 
oldest was here 24 years before the newest arrived. 
Eleven are lawyers, three are doctors. Two have 
had careers on stage and screen. The list includes 
teachers, local government officials, a minister, a 
public relations man, a sociologist, and an engi- 
neer. Nine come from the Northeast, eight from 
the Midwest, five from the South, and three from 
the P^ir West. 

They are a heterogeneous group. They cannot 
resolve their will by fiat. There is no question 
of rubber-stamping. Even if they were willing 
(which they aren't) there would l)e no percentage 
in it. IMost of them would not fight for legisla- 
tion that was not a product of their own work. A 
bill which the committee sends to the floor must 
reflect its own will and be in a fundamental sense 
its own creation if the committee is to stand up 

for it. 

If the mechanism is overloaded by trying to do 
too much too soon, the result is division and sub- 
division such as in the military assistance issue. 
Yet adequate deliberation and creation in every 
legislative task in the foreign affairs field impose 
demands in time and intellectual diversification 
quite beyond anything in legislative experience. 

A year ago a report of the committee noted: 
'•The responsibility for the purse as it relates to 
foreign policy cannot be separated from the roots 
and substance of foreign policy." That means 
full legislative participation in the making of for- 
ei"-n policy. How to make that work is a central 
constitutional problem of our day. 



Statements and Addresses of September 



, , • c TTichpr T*-nl Adviser On the suhjeft of the prohlpnis in ad- Address made before the California Bar 

Adrian S. Fisher. Legal Adviser- Un^J^ne^^^^^^J ^^^ ^^^^_^^^_^ _..^j^^^ Not print- Assocation at San Francisco, Calif., 

ed. Text issued as press release 667 of on September 2. 
September 2. 

On the subject of intellectual cooperation Address made before the International 

" in the Americas. Not printed. Text Congress of Americanists at Columbui 

issued as press release 680 of Septem- University, New \ork, N.\., on t,ep- 

t)er 8. tember s. 



Anitiassador Paul C. Daniels- 



506 



Department of Sfafe Bulletin 



INTERNATIONAL ORGANIZATIONS AND CONFERENCES 



U.S. Delegations to International Conferences 



AEC Reactor Safeguard Committee Visits U.K. 

[Released to the press by AEC August Sll 

The Reactor Safeguard Committee of the 
Atomic Energy Commission will represent the 
United States at a three-nation conference on re- 
actor safeguards and related subjects to be held in 
the United Kingdom from September 5-10, 1949. 
The conference will include classified discussions 
and inspections under the existing Technical Co- 
operation Program of the United States, United 
Kingdom, and Canada, which was established 
early in 1948 and does not include weapons infor- 
mation. 

Evaluation of the potential hazards of reactors 
is one of the primary considerations in the loca- 
tion and design of reactors, and each of the three 
nations has carried on extensive research into 
various phases of the problem. Among the topics 
to be discussed will be environmental and meteor- 
ological studies connected with the treatment of 
radioactive wastes, studies of biological tolerances 
to radiation of plants, animals, and human beings, 
and the significance to reactor hazards of mal- 
function of reactor structure or controls, acci- 
dental error of operations, sabotage, and other 
action. 

Members of the U.S. AEC Reactor Safeguard 
Committee planning to attend this meeting are: 

Dr. Edward Teller, chairman, Institute of Nuclear Studies, 
University of Chicago, Chicago, 111. 

Dr. Manson Benedict, Hydrocarbon Research, Inc., New 
York 

Dr. Joseph W. Kennedy, Department of Chemistry, Wash- 
ington University, St. Louis, Missouri 

Dr. Abel Wolman, Department of Sanitary Engineering, 
Johns Hopkins University, Baltimore, Md. 

Dr. John A. Wheeler, Palmer Physical Laboratory, Prince- 
ton University, Princeton, N. J. 

In addition to the members of the Committee 
the following United States representatives also 
plan to attend : 



Dr. Frederic de Hoffman, Los Alamos Scientific Labora- 
tory, Los Alamos, New Mexico 

Commander James M. Dunford, USN, Atomic Energy 
Commission, Washington, D.C. 



BACKGROUND INFORMATION 

ON TECHNICAL COOPERATION PROGRAM 

The Technical Cooperation Program is carried 
out under the general direction of the Combined 
Policy Committee, which also reviews those prob- 
lems of raw-materials supply common to the Gov- 
ernments of the United States, United Kingdom, 
and Canada. The Combined Policy Committee 
was established early in the period of wartime 
development in August 1943, by the three govern- 
ments to provide broad direction to the atomic 
project as between the countries. 

Members of the Combined Policy Committee 
are : 

For the United States 

Dean G. Acheson, Secretary of State 
Louis Johnson, Secretary of Defense 
David E. Lilientlial, Chairman, Atomic Energy Commission 

For the United Kingdom 

Sir Oliver S. Franks, Ambassador from the United King- 
dom 

Sir Frederick K. Hoyer Millar, Jlinister of the British 
Ministry 

For Canada 

C. D. Howe, Minister of Trade and Commerce 

"With the passage of the Atomic Energy Act of 
1946, the wartime cooperation between the three 
governments had to be adapted not only to con- 
siderations of foreign policy and national defense 
but also in the light of the responsibilities fixed by 
Congress upon the Commission. 

As was stated by the President in his public 
statement of July 28, 1949. "In January, 1948, the 
three governments agreed upon a modus vivendi 
which provided for cooperation among the three 



October 3, J 949 



507 



INTERNATIONAL ORGANIZATIONS AND CONFERENCES 



Continued 



countries involving exchange of scientific and tech- 
nical information m certain defined areas and col- 
laboration on matters of raw material supply of 
common concern." ' 

The f^eneral framework thus provided has been 
utilized to develop technical consultations on cer- 
tain specified topics, which have from time to time 
included visits by scientists and technicians of each 
country to the other two. 

Tripartite Discussions on Atomic Energy 

[Released to the press September 20] 

As was announced on September 15, 1949,= the 
Combined Policy Committee met today to begin 
exploration of certain basic questions underlying 
the determination of future relationships between 
the United States, the United Kingdom, and 
Canada in the field of atomic energy. Since 19-13, 
the Committee has been tlie tripartite body respon- 
sible for the direction of Anglo-American-Cana- 
dian cooperation in this field. Participants in the 
talks include: 

The United States 

Under Secretary of State, James E. Webb, for the Secretary 

of State 
Deputy to the Secretary of Defense for Atomic Energy 

Matters, William Webster, for tlie Secretary of 

Defense 
Commissioner Sumner Pike, Acting Chairman of the 

Atomic Energy Commission 

The United Kingdom 

The British Ambassador, Sir Oliver S. Franks 
The British Minister, Sir Derick Hoyer-Millar 

Canada 

The Minister of Trade and Commerce, C. D. Howe 

During the talks, which are expected to continue 
for some time, the members will be assisted by 
their respective scientific, military, and political 
advisers. 

As President Truman indicated in his statement 
of July 28, no agreements or connnitraents will be 
involved in the talks.^ The meetings will furnish 
the opportunity for a full exchange of views, 
which will be of value to the President and the 
Congress in determining how to meet the problems 
involved. 



Achievements of Telecommunications 
Revision Meeting 

The Department of State announced on Septem- 
ber 23 that in his oiKcial report submitted recently 



■ Btn-LETiN of Ann. S, 1949, p. 185. 
' Bm.T.CTiN <jf Sept. 20, 194!), p. 472. 
' Hiii,ij:tin of Aug. 8, 1949, p. 185. 



to the Secretary of State, Wayne Coy. Chairman 
of the Federal Communications Commission, de- 
scribed the accomplishments of the Conference for 
the Revision of the 1945 Bermuda Telecommunica- 
tions Agreement of 1945, held at London, August 
8-12. 1!»49. at which Mr. Coy served as chairman 
of the United States delegation. 

New ceiling rates for telegrams between the 
United States and countries of the British Com- 
monwealth (excepting Canada) were recom- 
mended. Rates between the countries of the 
British Commonwealth are not aflfected by these 
recommendations. In addition to the establish- 
ment of new telegraph ceiling rates, the represen- 
tatives of the United States and commonwealth 
governments recommended general conditions 
which should govern the retention of existing 
radiotelegraph circuits between their respective 
countries and the establishment of new or addi- 
tional circuits. 

The Bermuda agreement of 1945 was signed by 
representatives of eight countries — Australia, 
Canada, India, New Zealand, Southern Rhodesia, 
the Union of South Africa, the United Kingdom, 
and the United States. The Conference held last 
month was convened at the request of the United 
States. It was believed that since the 1945 agree- 
ment has been in force, increases in wages and 
operational practices have altered the basis for 
the rate features of the agreement. Because of 
these changes and the changes which will be ef- 
fected as a result of the decisions of the Interna- 
tional Telegraph and Telephone Conference, held 
at Paris this summer, the parties to the Bermuda 
agreement decided to meet again to revise the rate 
aspects of the agreement. In addition to the rep- 
resentatives of the original eight signatory gov- 
ernments, representatives of Ceylon and Pakistan 
attended the London meeting. 

The delegations of the countries at the London 
conference will recommend to their respective gov- 
ernments that tlie revised agreement be accepted 
and brought into force not later than December 1, 
1949. Under the original agreement the ceiling 
rate per ordinary full rate word is 30 cents, and 
the new ceiling would be 40 cents ; the present ceil- 
ing per word for code telegrams is 20 cents, and 
the new ceiling would be 202;j cents; and the pres- 
ent ceiling rate per ordinary press word is fii/^ 
cents, whereas the new ceiling would be 10 cents. 
The Conference recommended that if any party 
to the agreement found it necessary to fix a rate 
in excess of the ceiling rate, this could be done 
upon 90 days' notice to the other parties. It was 
made clear that the ceiling rates recommended for 
the various categories of telegraphic service did not 
constitute the rates to be charged the public using 
these services: these would be within the ceiling 
rates. 

The Conference also recommended that the es- 
sential factors to be taken into account in the 
retention of existing direct radiotelegraph circuits 



508 



Department of Sfafe BuWei'in 



INTERNATIONAL ORGANIZATIONS AND CONFERENCES 



Continued 



fifth Assembly was held at Copenhagen last Sep- 
tember. 



or in the establishment of any new or additional 
circuits between two countries is a matter involving 
a judgment on its merits by the governments of 
both countries concerned, and that conditions, 
particularly economic conditions and the require- 
ments of the users, at both ends of a proposed cir- 
cuit, should be fully considered in each case. 

Technical Tripartite Conference 
on Safety in Coal Mines of the ILO 

The Seci-etary of State announced on Septem- 
ber 6 that three delegates representing respectively 
the government, employers, and workers of the 
United States have been named upon the recom- 
mendation of the Secretary of Labor to attend the 
Technical Tripartite Conference on Safety in Coal 
Mines of the International Labor Organization. 
The meeting is scheduled to be held at Geneva, 
September 12-24, 1949. The delegates are as 
follows : 



Government Representatives 

George W. Grove, Bureau of Mines, Department of the 
Interior 

Employees' Repkesentatives 

Harry A. Leidlch, Safety Engineer, Philadelpliia Reading 
Coal and Iron Company, Pottsville, Pennsylvania 

Workers' Representatives 

Charles F. Davis, Director of Safety, United Mine Work- 
ers of America, Washington, D.C. 

The purpose of the Conference is to discuss and 
adopt a draft model code of safety regulations for 
underground work in coal mines. The draft code 
has been prepared by committees of experts in col- 
laboration with the International Labor Office. 



Twenty-sixth International Union Meeting 
on Venereal Disease 

The Department of State announced on Septem- 
ber 12 that William A. Brumfield, M. D., first 
deputy commissioner of health of New York State, 
and William F. Snow, M. D., of the American 
Social Hygiene Association, New York City, will 
represent the United States Government at the 
Twenty-sixth General Assembly of the Inter- 
national Union Against Venereal Disease. The 
meeting is scheduled to be held in Rome, Septem- 
ber 12-16, 1949. 

The objectives of the Assembly are (1) to facili- 
tate legal, sanitary, and moral measures designed 
to control venereal disease and (2) to coordinate 
the programs of national and international so- 
cieties for combating the disease. The twenty- 



ILO: Seventh international Conference 
of Labor Statisticians 

The Department of State announced on Septem- 
ber 22 that Ewan Clague, Commissioner of Labor 
Statistics, Department of Labor, has been ap- 
pointed delegate to represent the United States 
Government at the Seventh International Confer- 
ence of Labor Statisticians of the International 
Labor Organization (Ilo). Loring Wood, econ- 
omist. Special Economic Cooperation Adminis- 
tration Mission to France, has been named adviser 
to the government delegate. The meeting is sched- 
uled to convene at Geneva on September 26. All 
member governments of the Ilo have been invited 
to send rei^resentatives. 

The primary concern of the Conference will be 
the standardization of statistics on classification 
of occupations, productivity of labor, data of earn- 
ings, and records of accidents and occupational 
diseases. The sixth conference of this series was 
held at Montreal in August 1947. 



Austrian Treaty Conversations 
To Resume 

[Released to the press September 19] 

[Editor's Note : Because of the delay in the arrival of 
the French deputy. Marcel Berthelot, the treaty conversa- 
tions will not resume before Sept. 23. The discussions 
will be a continuation of the conference in London which 
was suspended on Sept. 1. After nearly 2% years of 
negotiations, there are still nine treaty articles on which 
the deputies are disagreed. The disputed articles deal 
chiefly with the former German holdings in Austria and 
what is to be done with them.] 

The Ambassadors of France, Great Britain, and 
the United States called together on September 18 
upon the Acting Minister of Foreign Affairs of 
the Soviet Union, Mr. Gromyko, to present notes 
amplifying the communique issued in Washington 
on September 15 by Secretary of State Acheson, 
Foreign Minister Bevin, and Foreign Minister 
Schuman, on the matter of the treaty with Aus- 
tria.' During the course of the conversation, the 
outstanding points of difference were outlined. 

The Acting Foreign Minister of the Soviet 
Union accepted on behalf of his government the 
proposal already made for the resumption of the 
meetings of the deputies on the Austrian treaty 
convening on September 22 in New York ; and as- 
sured the three Ambassadors that the Soviet Dep- 
uty would participate. 



> Bulletin of Sept. 26, 1949, p. 468. 



Ocfober 3, 1949 



509 



Calendar of Meetings ^ 



Adjourned during September 1949 

Council of Foreign Ministers: 

Deputies for Austria London June 30-Sept. 2 

UNESCO (United Nations Educational, Scientific and Cultural 
Organization) : 

International Congress on Problems of Illiteracy and Adult Rio de Janeiro .... July 27-Sept. 3 

Education. 

International Technical Conference on the Protection of Nature . New York City .... Aug. 22-Sept. 1 

Executive Board: 17th Session Paris Sept. 3-16 

Tenth International Exhibition of Cinematographic Art .... Venice Aug. 11-Sept. 1 

Izmir International Fair Izmir, Turkey Aug. 20-Sept. 20 

Conference on Plant and Animal Nutrition in Relation to Soil and Canberra ." Aug. 22-Sept. 15 

Climatic Factors. 

Fao Technical Meeting on Agricultural Extension Turrialba, Costa Rica . .\ug. 23-Sept. 2 

United Nations: 

Scientific Conference on the Conservation and Utilization of Lake Success Aug. 17-Sept. 6 

Resources. 

Conference on Road and Motor Transport Geneva Aug. 23-Sept. 19 

Ecosoc (Economic and Social Council): 

Subcommission on Statistical Sampling Lake Success Sept. 15- 

International Association for Research in Income and Wealth . . . Cambridge, England . . Aug. 27-Sept. 3 
Ilo (International Labor Organization): 

Permanent Agricultural Committee: Third Session Geneva Sept. 1-10 

Technical Tripartite Conference on Safety in Coal Mines . . . Geneva Sept. 12-24 

Cannes Film Festival Cannes Sept. 2-17 

International Statistical Institute: 26th Session Bern Sept. 3-10 

Budapest International Fair Budapest Sept. 3-18 

Fourth International Congress on Neurology Paris Sept. 5-10 

29th International Congress of Americanists New York City .... Sept. 5-12 

International Union of Chemistry: 15th General Conference . . . Amsterdam Sept. 6-10 

XVII International Navigation Congress Lisbon Sept. 10- 

Vienna International Fair Vienna Sept. 11-18 

Pan American Institute of Geography and History: First Consulta- Rio de Janeiro .... Sept. 12- 
tion of Commission on Geography. 

International Bank for Reconstruction and Development: Fourth Washington Sept. 13-16 

Annual Meeting of the Board of Governors. 

International Monetary Fund: Fourth Annual Meeting of the Washington Sept. 13-16 

Board of Governors. 

International Council of Scientific Unions: General Assembly . . Copenhagen Sept. 14-16 

In Session as of October 1, 1949 ' 

United Nations: 

Conciliation Commission for Palestine Haifa, Jerusalem, Rhodes, Jan. 17- 

and Lausanne 

General Assembly: Fourth Session Lake Success Sept. 20- 

Permanent Central Opium Board: 54th Session Geneva Sept. 26- 

Itu (International Telecomnumication Union): 

Region I Frequency Conference Geneva May 18- 

Region III Frequency Conference Geneva May 18- 

Meeting of the Technical Plan Committee of the International Paris June 23- 

High Frequency Broadcasting Conference. 

Administrative Aeronautical Radio Conference: Second Session . Geneva Aug. 1- 

IcAO (International Civil Aviation Organization) : 

Council: Eighth Session Montreal Sept. 6- 

Third North American Regional Broadcasting Conference .... Montreal Sept. 13- 

' Prepared in the Division of International Conferences, Department of State. 
' Meetings in session which were convened prior to Jan. 1, 1949, are not included. 

510 Department of State Bulletin 



Calendar of Meetings — Continued 



In Session as of October 1, 1949 — Continued 1949 

UNESCO (United Nations Educational, Scientific and Cultural 
Organization) : 

General Conference: Fourth Session Paris Sept. 19- 

Marseilles International Fair Marseilles Sept. 25- 

Ilo (International Labor Organization) : 

Seventh International Conference of Labor Statisticians .... Geneva Sept. 26- 

Scheduled October 1 to December 31, 1949 

United Nations: 

Ecosoc (Economic and Social Council): 

Ecafe-Fao Joint Meeting Singapore Oct. 1-3 

EcAFE Meeting of Inland Transport Experts Singapore Oct. 5-10 

EcAFE Meeting of Standing Committee on Industry and Singapore Oct. 10-17 

Trade. 

Ecafe: Fifth Session Singapore Oct. 20-29 

Social Commission : Fifth Session Lake Success November or December 

Narcotic Drugs Supervisory Body: 33rd Se.ssion Geneva Oct. 5- 

Trusteeship Council Visiting Mission to West Africa Cameroons and Togoland Nov. 1- 

Fao (Food and Agricultural Organization): 

Meeting on Livestock Breeding in the Tropics and Subtropics . Cairo Oct. 3- 

Far East Conference on Cooperatives Lucknow, India .... Oct. 23- 

Joint Committee with Who on Nutrition Geneva Oct. 31- 

Timber Committee (Fao-Ece) Geneva October 

Meeting of Specialists on Adjusting Livestock Feeding Practices France or Switzerland . October 
to Current Feed Supplies. 

Joint Committee with Who on Nutrition Geneva October 

Council: Seventh Session Washington Nov. 14- 

Annual Conference: Fifth Session Washington Nov. 21- 

Committee on Unexploited Forests Habana November 

Meeting of Technical Committee on Physiological Requirements Washington November 

of Calories and Nutrients. 
Pan American Sanitary Organization: 

Eighth Meeting of Executive' Committee Lima Oct. 3-5 

Third Meeting of the Directing Council Lima Oct. 6-12 

Ninth Meeting of Executive Committee Lima Oct. 13-15 

United Kingdom and Dominions Official Medical Histories Liaison Canberra Oct. 3-8 

Committee: Third Meeting. 

International Council for the Exploration of the Sea Edinburgh Oct. 3-11 

Iro (International Refugee Organization) : 

Executive Committee: Sixth Session Geneva Oct. 6-10 

General Council : Fourth Session Geneva Oct. 1 1- 

International Criminal Police Commission: General Assembly . . Bern Oct. 10-15 

Ilo (International Labor Organization) : 

Advisory Committee on Cooperation: First Session Geneva Oct. 17- 

Advisory Committee on Salaried and Professional Workers: First Geneva Oct. 24-29 

Session. 

Officers of the Committee of Social Security Experts Geneva Oct. 26-28 

Tripartite Conference on Rhine Navigation Geneva Oct. 31- 

Industrial Committee on Metal Trades: Third Session Geneva Nov. 8-19 

Industrial Committee on Iron and Steel: Third Session .... Geneva Nov. 22- 

Dec. 3 

Ilo Advisory Committee on Juvenile Employment: First Session. Geneva Dec. 5-6 

Governing Body: 1 10th Session Mysore, India Dec. 29- 

Twelfth International Congress of Military Medicine and Phar- Mexico City Oct. 23-29 

macy. 

South Pacific Commission: Fourth Session Noumea Oct. 29- 

IcAO (International Civil Aviation Organization) : Air Routes and Montreal Nov. 1- 

Ground Aids Division Meeting: Fourth Session. 
UNESCO (United Nations Educational, Scientific and Cultural 
Organization) : 

International Seminar on Rural and Adult Education New Delhi Nov. 2-Dec. 14 

International Congress of Zootechny Paris Nov. 3-10 

Committee on the 1950 Census of the Americas: Third Session . . Bogota Nov. 7- 

Third Inter- American Congress on Radiology Santiago Nov. 11-17 

Inter- American Statistical Institute: Second Session Bogota Nov. 14-26 

Postal Union of the Americas and Spain: Sixth Congress .... Lima Nov. 15- 

Regional Conference of Latin American Science Experts Lima Nov. 23-30 

Seventh Pan American Congress of Architects Habana Dec. 4—10 

Tenth International Ornithological Congress Washington Dec. 16-18 

Caribbean Commission: Ninth Meeting St. Thomas, V. I. . . . December 

Port-au-Prince Bicentennial Exposition Port-au-Prince December 



Ocfober 3, 1949 511 



THE RECORD OF THE WEEK 



Western Germany Begins 
New Phase of Self-Government 

Statement by Acting HecretaTy Webb 
[Released to the press September 21] 

Today marks the beginning of a new phase in 
the occupation of Germany. Having f reelj' elected 
a Parliament and selected a President and a Cabi- 
net under the terms of the Basic Law drafted at 
Bonn and ratified by the German states, the people 
of two-thirds of Germany are regaining today a 
large measure of self-government under the Occu- 

ijation Statute and the Allied High Commission. 
[t is our regret that not all the German people are 
free to join in the reestablishment of their self- 
government. It is through no wish or act of ours 
that the Germans in the Eastern zone are not yet 
able to play a role in the new Germany which is 
about to emerge. The door is open to them, how- 
ever, and we expect that the day will come when 
they will be able to enter on truly democratic 
terms. 

The new state of affairs in Germany will present 
a challenge equally to the Germans and to the 
United States and the other occupation powers. 
For us it means we have entered that delicate stage 
in which we relinquish our close grasp of the ad- 
ministration of government and content ourselves 
for the most part with observing events and giving 
advice, encouragement, and economic support. In 
a limited sphere, of course, we retain direct con- 
trol, and sufficient power is reserved to safeguard 
the chief purposes of the occupation. We are fully 
prepared to use that power, if need be, because we 
are resolved to prevent a return to power of the 
Nazis. But we are likewise resolved to use our 
power sparingly and with restraint and to proceed 
toward the reestablishment of a normal situation 
as rapidly as possible. In this tremendous task 
of reintegrating Germany into the family of demo- 
cratic nations, success is dependent upon sympa- 
thetic cooperation and support from the American 
people. 

The speed with which a return to normalitj' can 
be achieved will depend largely on the German 
people themselves. This is why we say that the 
Germans face a challenge and an opportunity in 
the new state of affairs. The challenge is to re- 

512 



habilitate themselves as a nation and to show by 
their acts that they merit the confidence we are 
reposing in them. The opportunity is for them to 
play that constructive role in the development of 
the new Europe which their talents, their position, 
and their resources should enable them to play. 
Through the painstaking labors of the occupation 
powers during the past 4 j'ears, during which the 
American contribution has been of great im})or- 
tance, a solid economic and political foundation 
has been laid in the Western zones. It is for 
the Germans themselves now to build a solid 
superstructure. 

We in the United States wish the German people 
success in their endeavors to achieve this goal. 



Federal Republic of Germany 
Established 

Effective September 21, 1949, the Allied High 
Commissioners in Germany have been formally 
advised of the formation of the Federal Republic 
of Germany and have i)roclaimed that the Occupa- 
tion Statute is now in force. 

Under the terms of Executive Order Xo. 10062, 
dated June 0, 1949, "The United States High Com- 
missioner for Germany, hereinafter referred to as 
the High Commissioner, shall be the supreme 
United States authority in Germany. The High 
Conmiissioner shall have the authority, under the 
immediate supervision of the Secretary of State 
(subject, however, to consultation with and idti- 
mate direction by the President), to exercise all 
of the governmental functions of the United 
States in Germany (other than the command of 
troops), including representation of the United 
States on the Allied High Commission for Ger- 
many and the exercise of appropriate functions of 
a Chief of Mission within the meaning of the 
Foreign Service Act of 104(k'" 

By the same Executive Order, the United States 
High Commissioner for Germany was designated 
also as "the United States Military Governor with 
all the powers thereof including those vested in the 
United States Militarj- Governor under all inter- 
national agreements'' until such time as the Mili- 



Department of State Bulletin 



THE RECORD OF THE WEEK 



Continued 



tary Government of the United States zone of Ger- 
many shall have been tei-minated. Effective Sep- 
tember 21, 1949, the Military Government of the 
United States zone of Germany was terminated. 
Therefore, by virtue of these events, the United 
States High Commissioner for Germany no longer 
exercises the role of the United States Military 
Governor. 

The role of the United States High Commis- 
sioner for Germany as the ECA representative for 
Germany is outlined in Executive Order No. 10063, 
dated June 13, 1949, as follows : 

1. During his tenure of office as United States Higti 
Commissioner for Germany, Mr. Jolin J. McCloy, under 
the immediate supervision of the Administrator for Eco- 
nomic Cooperation and the coordination of the United 
States Special Representative for Europe (subject, how- 
ever, to consultation with and ultimate direction by the 
President), shall be the representative of the said Ad- 
ministrator and the said Special Representative in all 
their relations and actions with respect to Germany. 

2. Mr. McCloy, in performing the duties set forth in par- 
agraph one hereof, shall be as.sisted bv a Chief of Special 
Mission who shall be appointed by the Administrator for 
Economic Cooperation and who shall be acceptable to Mr 
McCloy. The Chief of Special Mission shall have the rank 
of Minister and shall act under the immediate supeiwision 
and direction of Mr. McCloy. 

The United States High Commissioner for Ger- 
many is the Honorable John J. McCloy. The 
British High Commissioner for Germany is Gen- 
eral Sir Brian Eobertson. The French High Com- 
missioner for Germany is His Excellency Ajidre 
Francois-Poncet. 



OMGUS Terminated and Office of 
U. S. High Commissioner Established 

Effective September 21, 1949, the Military Gov- 
ernment of the United States zone of Germany 
(OMGUS) was terminated and the United States 
High Commissioner for Germany (HICOG), un- 
der the immediate direction of the Secretary of 
State, was authorized to exercise all of the govern- 
mental functions of the United States in Germany, 
except the command of troops. The Office of the 
United States Political Adviser (USPOLAD) has 
been combined with the Office of the United States 
High Commissioner for Germany. The terms 
USPOLAD and OMGUS are no longer applicable. 

The term HICOG has been established as the 
symbol for the Office of the United States High 
Commissioner for Germany. The HICOG head- 
quarters are located in Frankfort on the Main, 
Germany. 

Ocfofaer 3, 1949 



Volume on Germany and Czecho- 
slovakia, 1937-1938 Released 

[Released to the press September 21] 

The Department of State released today the 
publication in English translation of the second 
volume in the collection entitled Documents on 
German Foreign Policy, 1918-19^5. 

The collection contains documents from the cap- 
tured archives of the German Foreign Ministry, 
the Reich Chancellery, and other agencies of the 
former German Government. The publication of 
the documents, which is under the joint sponsor- 
ship of the American, British, and French Gov- 
ernments, is being edited by scholars who have 
been directed by their governments to make an 
impartial and scholarly selection of all documents 
essential for an understanding of German foreign 
policy. 

The volume released today, which is the second 
of a group dealing with the immediate origins of 
World War II, is entitled Germany and Czecho- 
slovakia, 1937-193S. It includes the most impor- 
tant German documents on German-Czechoslovak 
relations between October 1937 and September 
1938. They deal with such subjects as the Su- 
deten German Party's demand, first for Su- 
deten autonomy and later for inclusion in the 
Eeich, the alarm caused in Czechoslovakia by the 
German annexation of Austria, the Sudeten 
leader Konrad Henlein's Karlsbad demands of 
April 1938 and the week-end crisis of May 1938, 
when Europe appeared to be on the brink of war. 
There are documents on the mission of Lord Run- 
ciman and on British Prime Minister Chamber- 
lain's dramatic offer of September 13, 1938, to fly 
to Germany to meet Hitler at Berchtesgaden and 
Godesberg. The events leading to President 
Roosevelt's two appeals to the Fiihrer are docu- 
mented here, and the volume concludes with 
memoranda of the conferences held at Munich, the 
texts of the agreements reached there, and the 
Anglo-German Declaration of September 30, 
signed by Hitler and Chamberlain, in which they 
referred to the desire of their two peoples never 
to go to war with one another again. 

An earlier volume dealt with the Austrian crisis 
and German relations with the European great 
powers, the United States, the Soviet Union, 
China, and Japan in the same period. The third 
volume, on the Spanish Civil War, 1936-1939, is 
now being prepared. Succeeding volumes now in 
course of preparation will carry the story, as told 
by the German documents, through the outbreak 
of war in SejDtember 1939 and into World War II. 

A British edition of the first two volumes will 
appear shortly. A French translation of some of 
the documents will appear later this year. Because 
of the mechanical difficulties of printing in Ger- 
many, the publication of the German originals, 

513 



THE RECORD OF THE WEEK 



D 



Continued 



nlaniifd to coincide with the appearance of the 
English translation, will be delayed several 
nioiitlis. 

The three participating governments have 
agreed that, when publication has been completed 
of documents dealing with a topic or period, the 
relevant microfilms of unpublished as well as pub- 
lished documents will be made available for 
research by scholars. xVccordingly. microfilms on 
the topics covered in the volume published today 



will shortly be jdaced in tlie National xVrchives. 

The American editor-in-chief during the prepa- 
ration of the volume released today was Dr. Ray- 
mond J. Sontag. who has since returned to the 
University of California at Berkeley, from which 
he was on leave. He has been succeeded by 
Dr Beniadotte E. Schmitt. General Sir James 
Marshall-Cornwall and Professor Maurice Bau- 
mont continue as editors-in-chief for Great Britain 
and France respectively. 

This volume is for sale by the Supernitendent 
of Documents. U. S. Government Printing Office, 
Washington 25, D. C, for $3.25. 



Bulgaria, Hungary, and Rumania 

Accused of New Breach of Treaty Obligations 



[Released to the press September 19] 

The United States Government replied on Sep- 
tember 19, 1949, to the notes of Bulgaria, Hun- 
gary, and Rumania in which the three countries 
refused the United States request to join m the 
establislmient of commissions, under peace treaty 
procedure, with a view to reaching a settlement of 
the disputes which have arisen over violation by 
those countries of the human rights clauses of the 
respective peace treaties.' The United States 
notes of September 19 were delivered by the 
American Legations at Sofia, Budapest, and 
Bucharest to the Ministries of Foreign Affairs of 
Bulgaria, Hungary, and Rumania, respectively. 
The text of the United States note to Rumania, 
which is substantially the same as that of the notes 
to Bulgaria and Hungary, follows : 

"The Legation of the United States of America 
presents its compliments to the Ministry of For- 
eign Affairs of Rumania and has the honor, acting 
on instructions from the United States Govern- 
ment, to refer to the Legation's note of August 1, 
1949. and to the reply of the Ministry of Foreign 
Affairs, dated September 2, 1949, concerning the 
establishment of a Commission for the resolution 
of the dispute which has arisen with respect to the 
interpretation and execution of Article 3 of the 
Treaty of Peace. 

"The United States Government considers that 
the Rumanian Government has no grounds for 
declaring unilaterally that a dispute over Ruma- 
nia's execution of Article 3 of the Peace Treaty 
does not exist. Since the interpretation placed by 
the United States Government on the acts of the 



' Bulletin of Sept. 26, 1949, p. 456. 
514 



Rumanian Government with reference to the lat- 
ter's treaty obligations respecting human rights 
and freedoms does not correspond with the inter- 
pretation advanced by the Rumanian Government, 
the existence of a dispute is self-evident. In the 
view of the United States Government, refusal by 
the Rumanian Government to comply with the 
provisions of Article 38 of the Treaty of Peace, 
relating to the establishment of a Commission to 
reach a decision on that dispute, constitutes a seri- 
ous new breach of treaty obligations. 

"The excuse made bv the Rumanian Government 
in its note of September 2. 1949. that its actions 
which have been called into question by the United 
States Government have been taken in execution 
of Rumania's obligations under Article 5 of the 
Treaty is a flimsy pretext that will not stand exam- 
ination in the light of the systematic suppression 
of human rights and freedoms in Rumania. It is 
patently not the intent of Article 5 that its provi- 
sions should be utilized by the Rumanian Govern- 
ment as a cloak for the elimination of all opposition 
to the totalitarian rule of a minority or for the 
denial of fundamental freedoms specified in Article 
3. The United States Government does not acqui- 
esce in the Rumanian Government's arrogation to 
itself of the exclusive right to judge its own actions 
in relation to Peace Treaty obligations. It is clear, 
moreover, that Article 38 of the Treaty of Peace 
would be without meaning and purpose if the Ru- 
manian Government were the sole arbiter of its 
execution of international obligations under the 
Treaty. 

"As" regards the intimation of the Rumanian 
Government that its sovereignty is impugned by 
the action of the United States Government in 
invoking the Treaty of Peace, it is manifest that 

Deparfment of Sfofe BuUefin 



THE RECORD OF THE WEEK 



Continued 



the sovereignty of Rumania is limited by Ru- 
mania's clear international obligations. The mat- 
ters dealt with in Article 3 and Article 38 of the 
Peace Treaty impose international obligations on 
Rumania. Accordingly, the invocation by the 
United States, a signatory of the Treaty of Peace, 
of specific treaty procedures for the settlement of 
a dispute involving Rumania's execution of its 
treaty obligations can in no sense be regarded as 
unwarranted intervention in the internal affairs of 
Rumania. 

"Continued refusal by the Rumanian Govern- 
ment to join in the establishment of a Commission 
for the resolution of the existing dispute — a pro- 
cedure expressly stipulated by Article 38 of the 
Peace Treaty — can only be regarded by the United 
States Government as a further deliberate viola- 
tion of international obligations and as demonstra- 
tive of a lack of good faith on the part of tlie 
Rumanian Government. In these circumstances, 
the Legation is instructed to inform the Rumanian 
Government that its recalcitrant attitude in this 
matter can in no way affect the determination of 
the United States Government to have recourse to 
all appropriate measures for securing the compli- 
ance by the Rumanian Government with its obli- 
gations under Article 3 of the Peace Treaty 
respecting human rights and the fundamental 
freedoms and under Article 38 respecting the pro- 
cedure for dealing with disputes arising over the 
interpretation and execution of the Treaty of 
Peace." 



Chinese ''Tiger Air Force" Not Related 
to American "Flying Tigers" 

Statement hy the AmeHca7i Consulate General at 
Taipei, Taiwan {Formosa) 

[Released to the press September 19] 

Information has reached the American consulate 
general that the name "Ti^er Air Force Squadron" 
has been used by certain Chinese Air Force planes 
in raids on Shanghai. In this connection the Con- 
sulate General wishes to point out that the Chinese 
Air Force planes using such designation have no 
relation to the former American volunteer group, 
generally known as the '"Flying Tigers," which 
fought the Japanese. No armed forces personnel 
of the United States are in Taiwan except a few 
attache personnel with diplomatic status, nor has 
the United States any military bases on Taiwan. 



Cantonese Authorities Assure Safety 
of U.S. Vessel Embarking Americans 

[Rehused to the press September 20] 

The Department of State has instructed the 
American consulate general at Shanghai to notify 
American citizens there that arrangements have 
been made for a call at Shanghai of the S.S. Gen- 
eral Gordon, American President Lines vessel. 
The ship, which is calling at Shanghai for the 
purpose of embarking Americans and other for- 
eigners, is expected to arrive at Shanghai on Sep- 
tember 23 and depart on September 25. The office 
of the American Embassy, on behalf of the Ameri- 
can President Lines, has obtained assurances from 
the National authorities in Canton that the vessel 
will not be molested on the voyage to and from 
Shanghai and while in that port. The agent of 
the American President Lines in Shanghai has 
been in contact with the local authorities in Shang- 
hai and has obtained permission for the safe entry 
and exit of the General Gordon for the purpose 
named. 



U.S. Recognizes New Syrian 
Government 

[Released, to the press September 20] 

The United States Government has today recog- 
nized the Syrian Government established on Au- 
gust 14, 1949, under the Premiership of His Excel- 
lency Hashim al-Atassi. The text of the note 
signifying recognition which was sent by the 
American Legation in Damascus to the Syrian 
Ministry of Foreign Affairs follows : 

"Pursuant to instructions from the United 
States Govenmient, the Legation of the United 
States of America has the honor to acknowledge 
the note from the Syrian Ministry of Foreign Af- 
fairs dated August 16, 1949, informing it of the 
establishment of a new Syrian Government under 
the Premiership of His Excellency Hashim al- 
Atassi. 

"The United States Government relies upon the 
assurances given to it by the Syrian Government 
that Syria intends to honor its international obli- 
gations, and trusts that the friendly relations 
between our two nations will be continued. The 
promulgation on September 11, 1949, of a new 
electoral law reflecting the Syrian Government's 
intention to hold elections and form a constitu- 
tional government has also been noted. 

"The Legation takes this occasion to assure the 
Ministry of its highest consideration." 



Ocfofaer 3, 1949 



515 



Amendments to immigration Act Opposed 



Released to the press September IS 



Text of a letter sent hy the Secretary of State to 
Senator McCarran, Chairman of the Senate Judi- 
ciary Committee on Senate Bill S. 1832 

July 15, 1940 

My dear Senator McCarrax: The Depart- 
ment has noted witli interest tlie Judiciary Com- 
mittee's consideration of the bill, S. 1832, "To 
amend the Iinmio:ration Act of October IG, 1918, 
as amended."' In view of the serious effects that 
this bill, if enacted, would have on the conduct 
of the foreign relations of the United States, the 
Department desires to make its position thereon 
known to the Committee, and, accordingly, takes 
this opportunity to offer its comments. 

Under existing law, the President has broad 
autlioritj' in time of war or during the existence 
of other specified contingencies, by virtue of the 
Act of Mav 22, 1918, as amended by the Act of 
June 20, 1941 (42 Stat. 559 ; 55 Stat. 252 ; 22 U.S.C. 
223-22(i), relating to the "interests of the United 
States," to exclude dangerous aliens. In addition, 
the Act of June 20, 1941 (55 Stat. 252; 22 l^S.C. 
228) gives American diplomatic or consular officers 
authority at any time to refuse visas to aliens who 
they know or have reason to believe are coming to 
the United States to engage in activities which 
will endanger the public safety. By the Act of 
May 25, 1948 (62 Stat. 268), amending the Act of 
October 16, 1918, as amended (40 Stat. 1012; 41 
Stat. 1008; 54 Stat. 673; 8 U.S.C. 137), relating 
to the exclusion of anarchists and persons of sim- 
ilar classes, the Attorney General was given broad 
authority to exclude aliens who he "knows or has 
reason to believe, seek to enter the United States 
for the purpose of engaging in activities which will 
endanger the public safety of the United States". 
Moreover, although under the United Nations 
Headquarters Agreement the United States 
pledged itself to a considerable degree of liberality 
in the admission of aliens coming on official busi- 
ness to the Headquarters District of the United 
Nations, section 6 of the joint resolution ratifying 
the agreement reserves to the United States the 
right to "safeguard its own security and completely 

516 



to control the entrance of aliens into any territory 
of the United States other than the headquarters 
district and its immediate vicinity". This reser- 
vation may be im])leniented under existing law by 
invoking the Public Safetv Act and the May 25, 
1948 amendment to the Act of October 16, 1918, 
referred to above. Furthermore, except for per- 
sons having diplomatic privileges and subject to 
recall as pcrsonae non gratae, tlie great majority 
of individuals admitted under the Headquarters 
Agreement are subject to prosecution under our 
criminal statutes, including those which i)enalize 
activities similar to those proscribed by S. 1832, 
such as the provisions of Sections 793 and 794 of 
Title IS of the United States Code, relating to the 
gathering and transmittal of defense information. 

S. 1832 appears to be directed at further pro- 
tecting the security of the United States, an objec- 
tive with which the Department is. of course, in 
complete accord. It proposes to further amend 
the Act of October 16, 1918 so as to create three 
new classes of aliens (enumerated below) who 
may not be granted visas or admitted into the 
United States. No exception is provided since 
the Seventh, Ninth and Tenth Provisos to Section 
3 of the Act of February 5. 1917 are expressly 
made inapplicable to persons in these categories. 

(1) Section 3 (a) iirovides that no visa or other 
travel document shall be issued to any alien who 
the "issuing officer knows, or has reason to believe, 
seeks to enter the United States for the purpose or 
a purpose of (1) obtaining or transmitting in- 
formation, not available to the public generally, 
respecting the national security". 

From the point of view of the conduct of foreign 
relations, the Department is concerned with the 
extent to which such a provision would exclude 
foreign diplomatic, consular and other official per- 
sonnel, members of delegations to and the staffs of 
international organizations, foreign journalists, 
and some persons coming to the United States for 
legitimate purposes of business, study, training 
or research under public or private auspices. The 
language of Section 3 (a) (1) is so broad that a 
consular officer would be bound to conclude, at least 
in some instances, that aliens in the category eini- 

Departmenf of Sfo/e Bulletin 



THE RECORD OF THE WEEK 



Continued 



merated above, if only because of the nature of 
their professions, were excludable thereunder. 

(2) Section 3 (a) (2) would deny visas to per- 
sons seeking to enter for the purpose of "engaging 
in any activity a purpose of which is the control 
or overthrow of the Government of the United 
States by force or violence . . ." If, as it is widely 
believed. Communism embraces the doctrine of a 
world-wide conspiracy to bring about a world dic- 
tatorship of the proletariat by the overthrow of 
non-communist governments, by force, if neces- 
sary, a visa issuing officer would seem to be fully 
justified in concluding that members of foreign 
communist parties or those affiliated therewith, 
particularly if they occupy official positions with 
communist governments, might engage in some ac- 
tivity which has as its ultimate purpose the over- 
throw of this Government by force or violence. 

(3) Sections (a) (3) precludes the issuance of 
visas to persons who seek to enter the United States 
for the purpose of "organizing, aiding in any man- 
ner whatsoever, joining, associating with, or par- 
ticipating in the activities of any association, so- 
ciety, or group, which shall be publicly designated 
by the Attorney General, as provided in subsection 
(b) of this section, as subversive to the national 
security." As there might well be reason to be- 
lieve tiiat any alien communist coming to this 
country would have contacts with some proscribed 
groups, such as the Communist Party of the 
United States, this clause appears susceptible of 
being construed to require the exclusion of all 
communists, and possibly other aliens coming in 
a diplomatic or consular capacity or in connection 
with the activities of international organizations. 

Sections 3 (c) and 3 (d) of the Bill require the 
Attorney General to deport all aliens who have 
ever been members of any of the classes rendered 
excludable by Section 3 (a). Needless to say, 
any such action by the Attorney General, in so 
far as it affected officials of foreign governments 
and international organization aliens would seri- 
ously disrupt the conduct of our foreign relations 
and the fulfillment of our international obliga- 
tions. The vesting in the Attorney General of 
exclusive determination of deportability under the 
Bill without the prior approval of any other offi- 
cial would appear to be inconsistent with our 
obligation under the United Nations Headquarters 
Agreement, which provides for certain procedures 
and for consultation with the Secretary General 
prior to deportation. In addition, it would mark 
a sharp departure from the requirements of exist- 
ing law that no foreign govevoment official or in- 
ternational organization alieii be deported without 
the approval of the Secretary of State. 

Section 4 (b) provides that "the provisions of 
the Seventh, Ninth and Tenth Provisos to Section 
3 of the Immigration Act of February 5, 1917, 
as amended (39 Stat. 875; 8 U.S.C. 136), clauses 



(1) and (7) of Section 3 of the Immigration Act 
of 1924, as amended (43 Stat. 154; 47 Stat. 607; 
54 Stat. 711; 59 Stat. 672; 8 U.S.C. 203), and of 
any other statute or authority permitting the ad- 
mission of aliens to the United States shall have 
no application to cases falling within the purview 
of Section 3 (c) of this Act." The Department 
is not concerned with the Seventh Proviso. How- 
ever, it believes that the elimination of the Ninth 
Proviso, which gives the Attorney General dis- 
cretion to admit an otherwise inadmissible alien, 
would weaken the position of this Government in 
the conduct of foreign relations, in as much as 
the admission temporarily of inadmissible aliens 
for legitimate purposes of business, study training 
or research has frequently been found to be in the 
best interest of the United States, from a foreign 
policy standpoint. The elimination of the Tenth 
Proviso, which excepts foreign government offi- 
cials fi'om the excluding provisions of the immi- 
gration laws, would virtually result in a break of 
diplomatic relations, at least with all communist 
dominated countries, and perhaps with others as 
well. It would also impair the activities and 
functions of the United Nations and might even 
render impossible the maintenance of its head- 
quarters in the United States. 

Section 5 of the Bill gives the Commissioner 
of Immigration and Naturalization, with the ap- 
proval of the Attorney General, authority to 
"prescribe all rules and regulations deemed nec- 
essary in aid of the administration and enforce- 
ment of this Act". Since the law relates to the 
issuance of visas by consular officers, who are 
under the jurisdiction of the Secretary of State, 
all regulations regarding visas should have the 
approval of the Secretary of State. This proposal 
is departure fi'om estalished procedure, and vio- 
lates the principle that the agency administering 
a law (in this case the Department of State) 
should have the primary responsibiitly for making 
regulations. 

The Department fully realizes that it is not the 
intention of the proponents of the bill to impair 
the conduct of foreign relations. However, it 
appears from an analysis of the bill that its pri- 
mary effect would be to drastically interfere with 
such conduct as well as with the fulfillment of our 
international commitments, without resulting in 
any commensurate increase in protection to the 
national security. This government is firmly 
dedicated to the principles of the United Nations 
and to a policy of peaceful cooperation with gov- 
ernments of other countries. At the same time 
it must be realized that there is a degi'ee of poten- 
tial danger to our national security in the admis- 
sion to this country of aliens who are antagonistic 
to our form of government and active in the pro- 
motion of their own. Nevertheless, the Depart- 
ment is of the opinion that, in considering the 
desirability of enacting legislation of this charac- 
ter, serious consideration should be given to the 
extent to which the security of the United States 



Ocfofaer 3, J 949 



517 



THE RECORD OF THE WEEK 



Continued 



is (lein'iulfiil upon the success of the United 
Nations ami an effective United States foreign 
policy. It is hflit'ved that it is from this perspec- 
tive "that we sliould measure the danger to our 
national security from the presence in thiscountiy 
of any politically undesirable aliens who cannot 
be excluded under existing law but whose exclusion 
might be made possible by the enactment of 
S. 18:32. 

In view of the adverse effect which it may have 
on United States foreign relations, as indicated 
herein, the Depaitineiit must oppose tlie enactment 
of S. is;5-2. 

Tlie Dei)uitiuent has been informed by the 
Bureau of the Budget that enactment of the pro- 
posed legislation would not be in accord with the 
program of the President. 
Sincerely yours, 

Dean Achesox 



Double Taxation Conventions 
With Ireland Signed 

[lielcaMd to the press ticptember 16] 

According to information received by the De- 
partment of State from the American Legatmn in 
Dublin, two tax conventions between the United 
States and Ireland were signed in Dublin on Sep- 
tember 13, iy-19. The two conventions relate to 
the avoidance of double taxation and the preven- 
tion of fisc^al evasion, one of them dealing with 
taxes on income and the other dealing with taxes 
on estates of deceased persons. 

The conventions with Ireland contain provi- 
sions substantially similar to provisions in tax 
conventions now in force between the United 
States and certain other countries, namely, Can- 
ada, Denmark, France, the Netherlands, S\yeden, 
and the United Kingdom, and provisions in tax 
conventions wluch have been entered into with a 
numl^er of other countries but which are pending 
in the United States Senate and have not entered 
into force. In general, the conventions with Ire- 
land, like those which have tieen made with other 
countries, are designed to eliminate double tax- 
ation with respect to the same income or with re- 
spect to the same estate, this being accomplished 
either by means of a specific exemption from tax- 
ation in one of the countries or by means of a 
credit allowed by one of the countries for taxes 
paid to the other country. 

Both of the conventions provide for ratification 
and for the exchange of instruments of ratifica- 



tion. The income-tax convention will become ef- 
fective, so far as United States tax is concerned, 
for taxal)le years beginning on or after January 
1 of the calendar year in wliich the exchange of 
instruments of ratification takes place, and, so 
far as Irish tax is concerned, according to the fol- 
lowing formula: (1) as to Irish income tax, for 
tlie year of assessment beginning on April 6 in 
tlie calendar year in which the exchange takes 
jjlace, and subsequent yeare; (2) as to Irish sur- 
tax, for the year of assessment beginning on April 
(■> immediately prex.-eding the calendar j'ear in 
which the exchange takes place, and subsequent 
yeai-s; and (3) as to Irish corporation profits 
tax. for any chargeable accounting period oegin- 
ning on or after April 1 in the calendar year 
in which the exchange takes place and for the 
unexpii-ed portion of any chargeable accounting 
period current at that date. The estate-tax con- 
vention will become effective on the date of the 
exchange of instruments of ratification, but effec- 
tive only as to (a) the estates of persons dying on 
or after such date, and (h) the estate of any per- 
son dying before such date and after the last day 
of the calendar year immediately preceding such 
date whose personal representative elects, in such 
manner as may be prescribed, that the provisions 
of the convention shall be applied to such estate. 
Authentic copies of the texts of the conventions 
are not yet available for distribution. 



UNESCO in Foreign Policy — continued from page 498 

have referred. Unesco's job is to mobilize, to 
foster, and to encourage the great sentiment for 
friendship and for peace and for international un- 
derstanding that exists among peoples everywhere. 

I am certain that such an underlying sentiment 
exists behind the Iron Curtain as well as on this 
side. Many have had the experience, of saying, 
in regard to a given country : "I perhaps don't like 
that country very much, but when I get out into 
the country and talk to the peasants or the farmer 
and so forth. I find lie is really a very fine fellow. 
He doesn't want war." 

I am sure that if by any good fortune a pro- 
nouncement could be broadcast throughout the 
world tomorrow that peace had been guaranteed 
for a thousand years, an immediate, simultaneous 
shout of joy would rise from every farmer in Kan- 
sas, every steel worker in Britain, every shepherd 
in Pakistan, and from peoples liehind the lion 
Curtain too. There is a genuine sentiment among 
all peo])le to get along together. Unesco's task 
is to encourage cooperative action and to make it 
so strong that it will prevail. 

The American Government is dedicated to the 
fullest support of Unesco in accomplishing a more 
difficult, yet supremely important and vital task. 



518 



Department of Stale Bulletin 



THE FOREIGN SERVICE 



Richard P. Butrick Appointed Director 
General of tlie Foreign Service 

Richard P. Butrick, recently United States Minister 
to Iceland, lias arrived in Washiniston to assume newly 
assigned duties as Director General of the Foreign Serv- 
ice, effective Septemher 7, 1949. Announcement of his 
arrival was made on September 16 by John E. I'eurifoy, 
Deputy Under Secretary of State for Administration. 
Mr. Butrick is replacing Christian M. Ravndal, newly 
appointed United States Ambassador to Uruguay, who 
presented his credentials at Montevideo this week. 

Mr. Butrick was appointed Minister to Iceland in 
February of 1948. At the capital, Reykjavik, he also 
served as Chief of the Special Mission of the Economic 
Cooperation Administration. On departure from Reyk- 
javik Mr. Butrick was commended for his services by 
Administrator Paul Hoffman and Special Representative 
Averell Harriman. 

In his new duties. Director General Butrick will serve 
as staff adviser to Deputy Under Secretary Peurifoy on 
matters pertaining to the Foreign Service. 



Confirmations 

On Augiist 31, 1949, the Senate confirmed the nomina- 
tion of Ellis O. Briggs to be American Ambassador 
Extraordinary and Plenipotentiary to Czechoslovakia, and 
Nathaniel P. Davis to be American Envoy Extraordinary 
and Minister Plenipotentiary to Hungary. 



Consular Offices 

The American Consulate at Dacca, Pakistan, was 
opened to the public, effective August 29, 1949. 

The office at Dhahran, Saudi Arabia, was raised to the 
rank of Consulate General, effective September 7, 1949. 

The American Consulate at Tihwa, China, was closed 
to the public on August 16, 1949. 



CONGRESS 



Legislation 

Overseas Administration. Federal-State Relations. 
Federal Research. Letter from the Chairman, Commis- 
sion on Organization of the Executive Branch of the Gov- 
ernment transmitting its report on Federal-State Rela- 
tions, and separately, in typescript, Volumes 1, 2, 3, and 4 
of the Task Force Report in this field. H. Doe. 140, Slst 
Cong., 1st sess. 50 pp. 

October 3, 1949 



Federal Business Enterprises. Letter from the Chair- 
man, Commission on Organization of the Executive Branch 
of the Government transmitting its report on Federal busi- 
ness enterprises, and, separately, the Task Force reports 
on revolving funds, as appendix J ; on water resources 
projects, as appendix K ; and on lending agencies, as ap- 
pendix R. H. Doe. 152, Slst Cong., 1st sess. 129 pp. 

Estimates of Appropriation for Expenses of the Euro- 
pean Recovery Program. Communication from the Presi- 
dent of the United States transmitting estimates of appro- 
priation for the period April 3, 1949, through June 30, 
1950, in the total amount of $5,272,200,000, for expenses of 
the European Recovery Program. H. Doc. 167, Slst Cong., 
1st sess. 3 pp. 

Amending the War Claims Act of 1948. H. Rept. 496, 
Slst Cong., 1st .sess. 3 pp. 

Payment of Compensation to the Swiss Government. 
H. Rept. 502, Slst Cong., 1st sess. 2 pp. 

Economic Assistance to the Republic of Korea. Message 
from the President of the United States transmitting a 
recommendation that the Congress authorize the continu- 
ation of economic assistance to the Republic of Korea for 
the fl.scal year ending June 30, 1950. H. Doc. 212, Slst 
Cong., 1st sess. 4 pp. 

Supplemental Estimates of Appropriation for the Fiscal 
Tear 1949 and Prior Fiscal Years. Communication from 
the President of the United States transmitting supple- 
mental estimates of appropriation for the fiscal year 1949, 
in the amount of $55,422..3.54.44, together with certain pro- 
posed provisions pertaining to existing appropriations. 
H. Doe. 217, Slst Cong., 1st sess. S pp. 

Supplemental Estimates of Appropriation for the Fiscal 
Tear 1950 and Prior Fiscal Tears. Communication from 
the Pi-esident of the United States transmitting supple- 
mental estimates of appropriation for the fiscal year 1950, 
in the amount of $92,175,407, together with certain pro- 
posed provisions and increases in limitations pertaining 
to existing appropriations. H. Doc. 218, Slst Cong., 1st 
sess. 19 pp. 

Increasing Rates of Compensation of the Heads and 
Assistant Heads of Executive Departments and Independ- 
ent Agencies. H. Rept. 5.35, Slst Cong., 1st sess. 106 pp. 

Further Contributions to the International Children's 
Emergency Fund. H. Rept. 569, Slst Cong., 1st sess. 7 nn 
Part 2, 10 pp. 

Amending the Displaced Persons Act of 1948. H. Rept 
581, Slst Cong., 1st sess. 50 pp. 

Providing the Privilege of Becoming a Naturalized Citi- 
zen of the United States to all Immigrants Having a Legal 
Right to Permanent Residence. H. Rept. 634, Slst Cong., 
1st sess. 4 pp. 

Foreign Aid Appropriation Bill, 1950. H. Rept. 657, Slst 
Cong., 1st sess. 9 pp. 

International Bank for Reconstruction and Develop- 
ment. H. Rept. 708, Slst Cong., 1st .sess. 13 pp. 

Amending the Interstate Commerce .\ct, as Amended, 
to Provide Time Limitations Within Which Actions May 
Be Brought, in Certain Cases, for Recovery of Under- 
charges and Overcharges. H. Rept. 766, Slst Cong., 1st 
sess. 9 pp. 

Settlement of Claims Against Foreign Governments. 
H. Rept. 770. 81.st Cong., 1st sess. 13 pp. 

Authorizing the Committee on the Judiciary to Under- 
take a Study of Immigration Problems. H. Rept. 827, Slst 
Cong., 1st sess. 1 p. 

Authorizing the Committee on the Judiciary of the 
House of Representatives to Have Printed Additional 
Copies of the Hearings Held Before Said Committee on 
the Bills Entitled "Amend the Constitution With Respect 
to Election of President and Vice President." H. Rept. 
836, Slst Cong., 1st sess. 1 p. 

Authorizing the Committee on Foreign Affairs to Procure 
2,000 Additional Copies of Its Hearings on the Bill ( H.R. 
2362) To Amend an Act Entitled "The Economic Coopera- 
tion Act of 1948," Approved April 3, 1948. H. Rept. 838. 
Slst Cong., 1st sess. 1 p. 

519 



National Security Page 

Atomic Explosion Occurs in the U.S.S.R.: 

Statement by the President 487 

Statement by Secretary Acheson .... 487 

Recent Developments in the Field of Atomic 
Energy. Statement by Acting Secretary 
Webb 488 

AEC Reactor Safeguard Committee Visits 

U.K 507 

Tripartite Discussions on .\tomic Energy . . 508 

The United Nations and 
Specialized Agencies 

U.S. Position on Problems Confronting 
Fourth General Assembly: 

Address by Secretary Acheson 489 

By Ambassador Philip C. Jessup .... 492 
The Place of Unksco in American Foreign 

Policy. By Assistant Secretary Allen . 497 
The United States in the United Nations . . 499 

General Policy 

What Is a Bipartisan Foreign Policy? By 

Ernest A. Gross 504 

Financing Our Foreign Policy. By Charles 

Burton Marshall 505 

Cantonese Authorities Assure Safety of U.S. 

Vessel Embarking Americans 515 

U.S. Recognizes New Syrian Government . . 515 
Chinese "Tiger Air Force" Not Related to 

American "Flying Tigers" 515 

Occupation Matters 

Western Germany Begins New Phase of Self- 
Government. Statement by Acting 

Secretary Webb 512 

Federal Republic of Germany Established . 512 
OMGUS Terminated and Office of U.S. High 

Commissioner Established 513 



International Organizations Page 

and Conferences 

U.S. Delegations: 

Achievements of Telecommunications Re- 
vision Meeting 508 

Technical Tripartite Conference on Safety 

in Coal Mines of the Ilo 509 

Twenty-si.xth International Union Meeting 

on Venereal Disease 509 

Ilo: Seventh International Conference of 

Labor Statisticians 509 

Austrian Treaty Con versationsTo Resume . 509 

Calendar of .Meetings 510 

Treaty Information 

Bulgaria, Hungary, and Rumania .\ccused of 

New Breach of Treaty Obligations . . . 514 
Double Taxation Conventions With Ireland 

Signed 518 

The Congress 

Amendments to Immigration Act Opposed . 516 
Legislation 519 

The Department 

Protocol: What It Is and What It Does. By 

Stanley Woodward 501 

The Foreign Service 

Richard P. Butrick Appointed Director of 

the Foreign Service 519 

Confirmations 519 

Consular Offices 519 

Publications 

V'oluino on Germany and Czechoslovakia, 

1937-1938 Released 513 



U. S. COVERNHEST rRiN 



tJne/ ^eh€(/y-fryienC /(w t/iat& 





STATEMENT BY ACTING SECRETARY WEBB ON 

POINT 4 LEGISLATION 549 



CLARITY OF UNESCO'S CENTRAL PURPOSE 
NEEDED IN PEACEMAKING OF UNITED 

NATIONS • by Assistant Secretary Allen . . . . , 536 

ATOMIC ENERGY: A SPECIFIC PROBLEM OF THE 

UNITED NATIONS • by Ambassador Warren R. Austin . 543 



VISA WORK OF THE DEPARTMENT OF STATE 
AND THE FOREIGN SERVICE . Article by Eliot 
B. Coulter 523 



For complete contents see back cover 



Vol. XXI, No. 536 
October 10, 1949 





x//ie 



Qje/ia/i^^ne^t ^/ ^la^ JOUlIGLin 



Vou XXI, No. 536 • Publication 3560 
OatAter 10, 1949 



For sale by the Superintendent of Documents 

U.S. Government Printing Oflice 

Washington 25, D.C. 

Price: 

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The printing of tbi.'s publication has 

been approved by the Director of the 

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Note! Contents of this publication are not 
copyrighted and items contained herein may 
be reprinted. Citation of the Department 
OF State Bdlletin as the source will be 
appreciated! 



The Department of State BULLETIN, 
a trvekly publication compiled and 
edited in the Divixion of Publications, 
Office of Public Affairs, provides the 
public and interested apencies of 
the Government with information on 
developments in the field of foreign 
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made by the President and by the 
Secretary of State and other officers 
of the Department, as well as special 
articles on various phases of inter- 
national affairs and the functions of 
the Department. Information is in- 
cluded concerning treaties and in- 
ternationcl agreements to which the 
United States is or may become a 
party and treaties of general inter- 
national interest. 

Publications of the Department, as 
well as legislative material in the field 
of interruitional relations, are listed 
currently. 



VISA WORK OF THE DEPARTMENT OF STATE 
AND THE FOREIGN SERVICE 



hy Eliot B. Coulter 



It is generally considered under international 
law that permission to enter a country is a privi- 
lege granted to an alien as distinguished from a 
right to which he is inherently entitled. The 
United States Government under its general sover- 
eign and constitutional powers, has enacted nu- 
merous laws relating to the entry and departure 
of aliens. 

Under the laws of the United States, jurisdic- 
tion in immigration matters is vested in the De- 
partment of State and its officers abroad over 
aliens before they arrive in the United States. 
This jurisdiction is exercised in general through 
the issuance or refusal by consular officers abroad 
of visas which are permits to apply for admission 
at a port of entry to the United States. In gen- 
eral, the Department of Justice and the officers of 
its Immigration and Naturalization Service have 
jurisdiction over aliens after they arrive in the 
United States. 

In general, consular officers and officers in diplo- 
matic missions are responsible for making findings 
of fact under the law in visa cases, for evaluating 
the facts and for reaching conclusions of law re- 
lating to the qualification of applicants for visas. 
The Department has supervisory responsibility 
for issuing regulations and for seeing that officers 
at consular offices and missions properly discharge 
their responsibilities under the law and for in- 
structing them, when occasion arises, regarding 
the law and questions pertaining to uniform visa 
procedure and standard practice. 

Briefly, the Visa Division has the function of 
formulating and coordinating policy and action 

Ocfober 70, 7949 



in all matters pertaining to (a) alien visa control; 
{h) the issuance of exit permits; (c) the control 
of immigration quotas; and {d) collaboration 
with other divisions of the Department and other 
agencies of the Government concerning the con- 
trol of travel of aliens to and from the United 
States. 

Aliens Required by Law To Have Visas 
or Other Documentation 

Section 30 of the "Alien Eegistration Act, 1940" 
provides in part that : 

Any alien seeking to enter the United States who does 
not present a visa (except in emergency cases defined by 
the Secretary of State), a reentry permit, or a border 
crossing identification card shall be excluded from admis- 
sion to the United States. 

Under the foregoing provision of law, visa re- 
quirements may be waived in individual cases aris- 
ing at a port of entry involving an emergency, 
as in the case of a nonimmigrant arriving without 
a transit visa or a returning resident alien arriv- 
ing without a visa or reentry permit, provided jus- 
tifiable reasons of an emergency character exist 
for his failure to obtain such documentation. A 
number of general emergency waivers of nonimmi- 
grant documentation have been granted. For 
example, a waiver exists for Canadian citizens and 
British subjects domiciled in Canada who enter 
the United States temporarily for a brief period. 
This waiver is in effect because of the great volume 
of travel across the Canadian border with which 
available consular visa facilities are unable to deal 
adequately, thus constituting an emergency. The 

523 



general waivers granted for nonimmigrants are 
covered in the Visa Regulations, which are pub- 
lished in the Federal Register from time to time 
and are subsequently incorporated in Title 22 of 
the Code of Federal Regulations. 

GENERAL PROCEDURE 

In general, aliens are required to obtain visas 
or other specified documentation from American 
diplomatic or consular officers abroad and to pre- 
sent such documentation when they apply to the 
immigration authorities at a port of entry in the 
United States for permission to enter for such 
period and under such conditions as the Immigra- 
tion and Naturalization Service may impose under 
the applicable immigration laws and regulations. 

ADVANTAGE OF VISA DOCUMENTATION 

The visa documentation required by law is help- 
ful to the United States Government by reducing 
detention costs at ports of entry, by providing an 
orderly procedure for determining the classifica- 
tion of an alien and his qualifications under the 
immigration laws and by providing suitable secu- 
rity screening before he comes to the United States. 
It is also helpful to the* alien himself since the 
possession of a visa facilitates examination and 
possible admission at the port of entry. The re- 
fusal of a visa to an unqualified applicant obviates 
a useless journey to a port of entry in the United 
States and the expense, hardship, and embarrass- 
ment incident to such a trip. 

Classification of Aliens 

All aliens coming to the United States are clas- 
sified under the provisions of section 3 of the 
Immigration Act of 1924, as amended, as "immi- 
grants" unless they come within an excepted cate- 
gory of "nonimmigrants" specified in that section. 

NONIMMIGRANTS 

The categories of nonimmigrants enumerated in 
section 3 of the Immigration Act of 1924, as 
amended, are briefly as follows : 

(1) government official, his family, servants 
and employees; 

(2) tourist or visitor for business or pleasure; 

(3) transit alien passing through the United 
States ; 

(4) an alien lawfully in the United States who 



goes in transit from one part of the United States 
to another through foreign contiguous territory; 

(.")) seaman (or airman) entering the United 
States in pursuit of his calling; 

(fi) treaty alien entering the United States 
solely to carry on trade between the United States 
and the country of which he is a national under 
the provisions of a treaty of commerce and navi- 
gation and his wife and his unmarried children 
under 21 years of age; 

(7) representative of a foreign government in 
or to, or an officer or employee of, an international 
organization designated by executive order pursu- 
ant to the International Organization Immunities 
Act and the family, attendants, servants and em- 
ployees of such representative, officer or employee. 

Visa Documentation of Nonimmigrants 

A diplomatic visa is granted to a diplomatic or 
consular officer of a foreign country or to a per- 
son coming within a limited category of individ- 
uals specified in the diplomatic visa regulations. 
Such a visa is granted to the alien as a nonimmi- 
grant under section 3 (1), 3 (3) or 3 (7) of the 
Immigration Act of 1924, as amended, if the alien 
is coming to the United States on official business 
for his government, or as a nonimmigrant under 
section 3 (2) of the act if he is coming to the 
United States for personal reasons. 

An official visa is granted to an official of a 
foreign government (other than a person entitled 
to a diplomatic visa) as a nonimmigrant under 
section 3 (1) of the act if coming to the United 
States on official business for his government or 
as a nonimmigrant under section 3 (2) or 3 (3) of 
the act if he is coming to the United States for 
personal reasons. 

A passport visa is granted to a tourist or tempo- 
rary visitor as a nonimmigrant under section 3 (2) 
of the act; to a transit alien as a nonimmigrant 
under section 3 (3) of the act; to a treaty alien as 
a nonimmigrant under section 3 (6) of the act ; and 
to an international-organization official as a non- 
immigrant under section 3 (7) of the act. 

A limited enti-y certificate is granted to an alien 
seeking to enter the United States as a tourist or as 
a temporarj- visitor for a period not exceeding 10 
days, with the intention of departing through the 
port of arrival, as in the case of a through pas- 
senger on a vessel, landing temporarily for sight- 
seeing purposes while the vessel is in port. 



524 



Department of State Bulletin 



A nonresident alien's border-crossing identifica- 
tion card is issued to a Canadian citizen or British 
subject domiciled in Canada or to a Mexican citizen 
who has occasion to make frequent visits to the 
United States not to exceed 29 days each, as in the 
case of persons residing in border communities. 

A transit certificate is issued to an alien seeking 
to enter the United States on a single occasion in 
continuous transit to a foreign destination. 

A crew list visa is granted on a crew list to cover 
the alien members of the crew of a vessel or air- 
craft, seeking to enter the United States solely in 
pursuit of their calling. 

Procedure To Be Followed 

hy Nonimmigrant Visa Applicant 

An alien desiring to come to the United States 
as a nonimmigrant may apply to the American 
consular officer in the district where the applicant 
is residing for a suitable visa or other documen- 
tation. The burden of establishing admissibility 
is placed by section 23 of the Immigration Act of 
1924 upon the alien. An alien is therefore re- 
quired to show by appropriate evidence that he 
comes within the nonimmigi-ant category claimed 
by him, that he intends and will be able to proceed 
to some country other than the United States upon 
the termination of the temporary period for which 
the immigration authorities may admit him, and 
that he holds valid documentation which will 
enable him to enter the country to which he intends 
to Droceed after departing from the United States. 
The applicant must also show that financial pro- 
vision has been made to cover the expenses of his 
journey and return abroad. 

Tem,porary Employment 
in the United States 

An alien may not accept employment while in 
the United States as a temporary visitor unless 
permission has been obtained from the immigra- 
tion authorities. He may not obtain a visa for the 
purpose of accepting temporary employment un- 
less he establishes that he is a person of outstanding 
distinction in his line of work and is coming to 
a temporary position calling for ability of such 
distinction. 

Domestic Servants 

An alien seeking to enter the United States as 
October 10, 1949 



a domestic servant is generally regarded as an 
immigrant but may be granted a nonimmigrant 
visa when coming to the United States under sec- 
tion 3 (1) of the Immigration Act of 1924 as a 
servant in the household of a foreign-government 
official, or under section 3 (7) of the Act as a 
servant in the household of an international- 
organization official, or under section 3 (2) of the 
Act as a visitor when accompanying an employer 
who is coming to the United States on a tempo- 
rary visit, provided the servant will depart from 
the United States with or before his employer. 

Students and Trainees 

Students and trainees under a recognized train- 
ing program may accept employment after per- 
mission in each case has been obtained from the 
immigi'ation authorities. 

Exchange Visitors 

Under the provisions of the United States In- 
formation and Educational Exchange Act of 1948, 
an existing United States agency or reputable 
institution, public or private, may file application 
on Form DSP-37 with the Department of State 
for designation of a program under its sponsor- 
ship as an "Exchange Visitor Program." If the 
application is approved, a serial number is assigned 
to the program and the American consular offices 
concerned and the Immigration and Naturaliza- 
tion Service are notified. An exchange visitor 
under a designated program, whether a student, 
trainee, teacher, guest instructor, professor, or 
leader in a field of specialized knowledge or skill, 
may then apply to a consular officer for a visitor's 
visa under section 3 (2) of the Immigration Act 
of 1924. 

Passports 

A nonimmigrant alien is generally required to 
present a passport issued by the government of 
the country to which he owes allegiance and which 
is valid for at least 60 days beyond the expiration 
of the period for which he seeks entry. If a pass- 
port is not obtainable, as in the case of a "stateless" 
person, he may present a travel document in lieu 
of a passport, or if such document is not obtain- 
able, any other travel document in lieu thereof, 
which is valid for entry into a foreign country 
after a stay in the United States. 

525 



Validity of Passport Visa 

Diplomatic, official, and ordinary passport visas 
are generally granted to be valid for use in ap- 
plying to the immigration authorities at a port 
of entry in the United States on one or more occa- 
sions during a period of 12 months from the date 
of issuance, provided that the alien's passport or 
other travel document continues to be valid for 
such period; but the visa may under certain cir- 
cumstances be limited to use for one entry. On a 
reciprocal basis, visitors' passport visas maj' be 
made valid for use during 24 months from the 
date of issuance if the country of which the alien 
is a national grants a similar privilege to Ameri- 
can citizens. 

The period of validity of a visa does not relate 
to the length of an alien's stay in the United States. 
This stay is determined in the first instance by 
the immigration authorities at the time of arrival. 
Application for an extension of temporary stay 
may be made to the immigration authorities, usu- 
ally in the district of the alien's residence. 

liCcaUdation of Visas 

Under certain conditions, a visitor's visa may be 
revalidated by the office of issuance for use in 
making an application for admission during a 
further period. 

Registration and Fingerprinting 

Section 30 of the "Alien Registration Act, 1940" 
provides, in part, that "Xo visa shall hereafter be 
issued to any alien seeking to enter the United 
States unless said alien has been registered and 
fuigerprinted in duplicate . . ." Section 32 of 
the Act provides, in part, that "No foreign gov- 
ernment official, or member of his family, shall be 
required to be registered or fingerprinted . . ." 
The same exemption is granted to international- 
organization officials and the members of their 
families. Section 31 of the act provides, in part, 
that "It shall be the duty of every alien now or 
hereafter in the United States, who (1) is four- 
teen years of age or older, (2) has not been regis- 
tered or fingerprinted under section 30, and (3) 
remsiins in the United States for thirty days or 
longer, to apply for registration and to be finger- 
printed before the expiration of such thirty 
days . . ." 

Under the above requirements, all visa appli- 
cants other than foreign government officials, in- 



ternational-organization officials, and the members \ 
of their families are required to be registered and '\ 
fingerprinted in connection with their individual I 
visa applications. Applicants for transit certifi- 
cates, limited entry certificates, alien's nonresident ' 
border-crossing cards, and aliens included in col- 
lective or crew list visas, as seamen or airmen, are 
not required to be registered and fingerprinted 
prior to entry but are subject to such requirement 
if they remain in the United States for 30 days. 

Refusal of Nonimmigrant Visas 

A consular officer may refuse nonimmigrant 
documentation in any one of the following cases : 

1) if the alien fails to establish nonimmigrant 
status ; 

2) if the alien is coming to the United States 
for the purpose of engaging in activities which 
will endanger the public safety; 

3) if the alien's entry would be prejudicial to 
the public interest, under the wartime regulations; 

4) if the alien's entry is forbidden bj' the Act 
of October 16, 1918, as amended; (This act relates 
to Communists or other aliens who advocate or 
who are members of organizations which believe 
in the overthrow of the Government of the United 
States b}- force or violence or are or liave ever 
been members of organizations which so advocate.) 

5) if the alien has been deported or removed 
from the United States and permission has not 
been granted to him to reapply for admission. 

If an alien is not subject to refusal of a visa on 
one of the above grounds but is believed to be 
inadmissible into the United States under section 
3 of the Immigration Act of February 5, 1917, as 
amended, as for example, an alien who is illiterate 
or has an excluding medical, mental, moral, or 
physical defect, the consul may grant a visa and 
warn the alien and advise the transportation line 
tliat he appears to be inadmissible into the United 
States and may be excluded at a port of entry 
unless authorization for temporary entry has been 
granted by the Attorney General. 

The Attorney General has discretionary author- 
ity under the ninth proviso to section 3 of the act 
of February 5. 1917, as amended, to admit, tem- 
porarily, an excludable alien if he arrives at a 
port of entry seeking temporary admission. If 
the Attorney General, upon the petition of an 
interested person, authorizes the temporary entry 
of an alien, as in the case of an alien afflicted with 



526 



Deparimeni of State Bulletin 



tuberculosis who desii'es to come to the United 
States for treatment, the Department of State is 
advised and in turn notifies the consul who, if 
satisfied that the alien is a hona fide nonimmigrant, 
may gi-ant a visa. 

IMMIGRANTS 

The categories of "nonquota" immigrants which 
are exempt from the numerical restrictions of the 
quota and are enumerated in section 4 of the Im- 
migration Act of 1924, as amended, are briefly as 
follows : 

(a) member of immediate family of United 
States citizen wife, husband by marriage prior to 
Jan. 1, 1948, and uimiarried minor cliild of a 
United States citizen; (A petition on Form 1-133 
must be filed by the citizen with the Commissioner 
of Immigration and Naturalization in these 
cases.) 

(b) returning resident alien previously law- 
fully admitted to the United States for permanent 
residence, returning from a temporary visit 
abroad ; 

(c) native of Western Hemisphere country, 
alien born in Canada, the Canal Zone, or an inde- 
pendent country of the Western Hemisphere; his 
wife and unmarried children under 18 years of 
age; 

{d) minister or professor who has carried on 
his vocation for two years immediately preceding 
Ms application and who is coming to the United 
States solely for the purpose of carrying on his 
vocation. 

(e) student (Although classified as an "immi- 
grant," a student at least 15 years of age may be 
admitted into the United States for a temporary 
period only for the purpose of study at an educa- 
tional institution approved by the Attorney Gen- 
eral. ) 

(/) former United States citizen woman who 
lost her citizenship by reason of her marriage to 
an alien or the loss of United States citizenship 
of her husband or by marriage to an alien and 
residence in a foreign country. 

Other special categories of aliens not subject to 
the numerical restrictions of the quota are briefly 
as follows : 

(1) alien born in Puerto Rico, Guam, American 
Samoa, or the Virgin Islands; 

(2) certain Spanish Nationals Returning to 
Puerto Rico; (Act of May 26, 1926, 44 Stat. 657) 



(3) certain former United States citizens who 
served in the armed forces of a foreign state ; 

(4) Philippine citizens coming within the pro- 
visions of section 231 of the Philippine Trade Act 
of 1946. 

Preference Quota Immigrants 

Section 6 of the Immigration Act of 1924, as 
amended, provides that within the immigration 
quota preference status shall be accorded, as 
follows : 

First preference, up to 50 percent of the quota to 

{a) members of family of United States 
citizen husband by marriage on or after Jan. 
1, 1948, and parents of a citizen who is 21 years 
of age or over; (A petition on Form 1-133 
must be filed by the citizen with the Commis- 
sioner of Immigration and Naturalization in 
these cases.) 

(h) skilled agriculturists in quotas of 300 
or over ; 

(2) Second preference, within the quota, after 
providing for the first preference, to 

{a) member of immediate family of lawful 
resident alien wife and unmarried minor child 
but not the husband ; 

(3) Within the Chinese racial quota and the 
Indian quota, preference up to 75 percent is 
granted to persons born and residing in China and 
India, respectively. 

Nonpreference Quota IrrvmAgrants 

Quota immigrants who are not classified by law 
as "preference quota immigrants" are "nonpref- 
erence quota immigrants." Any quota numbers 
remained after first and second preference quota 
demands have been satisfied are available for qual- 
ified nonpreference applicants in the order of their 
priority. Priority among nonpreference quota 
immigrants is granted by regulation as follows : 

(1) First priority 

(a) alien member of United States Armed 
Forces, alien who served honorably in the 
United States Armed Forces between Sept. 
1, 1939, and Dec. 31, 1946 ; 

(6) certain relatives of United States vet- 
eran citizens who served honorably in the 
United States Armed Forces between Sept. 1, 
1939, and Dec. 31, 1946 ; (Widow, parents, un- 



Ocfober 10, J 949 



527 



married minor child, and unmarried minor 
stepchildren.) 

(c) Seamen who served honorably for at 
least 1 year on vessels of countries of the 
United Nations engaged in sailing to and from 
ports of the United States during the period 
Sept. 1, 1939 and Dec. 31, 1946, such persons 
not having voluntarily abandoned such serv- 
ice so long as they were not phj'sically inca- 
pacitated for such service and provided that 
the seamen filed a registration form at a con- 
sular office on or before Dec. 31. 1947. 

(d) Aliens recommended by the Joint 
Chiefs of Staff as persons whose admission 
is highly desirable in the national interest. 

(2) Second priority 

(a) Aliens who filed BC Form of prelimi- 
nary visa applications with the Department 
of State between July 1, 1941 and June 30, 
1945, under the wartime visa review proce- 
dure, provided that the alien informed a 
consular officer prior to Dec. 31, 1948, that he 
desired to immigrate into the United States. 

(3) Nonpriority nonpreference quota immi- 
grants are those not entitled to first or second 
priority. 

Procedure To Be Folloxved 
iy Intending Invmigrants 

Aliens desiring to obtain immigration visas may 
apply to the immigration-visa-issuing consular 
office of the United States nearest to their place 
of foreign residence. In the case of an alien 
chargeable to an oversubscribed quota, application 
should first be made for registration on the wait- 
ing list of the appropriate quota. The applicant 
must then wait until his turn is reached and he is 
called by the consul to make formal application 
for a visa. 

Documents To Be Svbmitted 

Under the provisions of section 7 (c) of the 
Immigration Act of 1924 the applicant, when re- 
quested by the consul, must present a valid pass- 
port or travel document in lieu thereof, two copies 
of his birth certificate, police certificate, prison 
record if any, and of all other public records con- 
cerning him kept by the government to which the 
alien owes allegiance, as may be required by the 
consul, if the documents are "available." If the 
documents are not "available," which means ob- 



tainable or procurable by the exercise of reason- 
able effort and diligence, the consul may require 
some other suitable and available documentation 
in lieu thereof. 

The applicant may also be required by the con- 
sul to present any other documents necessary for 
the determination of the facts in his case, such as 
evidence of his assurance of support, marriage 
certificate, or divorce decree. 

Applicants May Not Be 
Granted Visas Out of Turn 

Applicants may not be granted immigration 
visas out of their proper turn within the respective 
categories, since such action would amount to the 
granting of unauthorized preference. 

Removal of Name of Intending Immigrant 
From, Quota Waiting List 

The registration of a quota immigrant is can- 
celled, and his name is removed from the waiting 
list in the following cases: 

(1) if the registrant dies or abandons his in- 
tention to immigrate; 

(2) if the registrant enters the United States 
unlawfully or in a temporary status, except in the 
latter case when he enters the United States 
as a nonimmigrant under one of the following 
categories : 

(a) government official under section 3(1) 
of the "Immigration Act of 1924"; 

(6) temporary visitor under section 3 (2) 
of the act if he is engaged in a business or 
profession which by its inherent nature re- 
quires him to enter the United States; 

(c) seaman or airman under section 3 (5) 
of the act in pursuit of his calling; 

{d) treaty alien under section 3 (6) of the 
act; 

(e) international-organization official un- 
der section 3 (7) of the act. 

An alien who finds it necessary to come to the 
United States as a nonimmigrant in transit or 
as a visitor for urgent reasons and who establishes 
the facts of the urgency to the consular officer 
and is granted such documentation and whose 
name has been removed from the waiting list, 
may, upon prompt departure after the termina- 
tion of the emergency, apply to the consul for 
reinstatement of his name on the waiting list under 
the original registration date. 



528 



Department of State Bulletin 



Determination of the Quotas 

Section 11 of the Imnaigration Act of 1924, as 
amended, provides that the annual immigration 
quota of any nationality shall be a number which 
bears the same ratio to 150,000 as the number of 
inliabitants in continental United States in 1920 
having that national origin whose birth or an- 
cestry is attributable to a particular geographical 
area bears to the number of inhabitants in conti- 
nental United States in 1920, but that the mini- 
mum of any quota shall be 100. This ratio is 
known as the national-origin basis for determining 
the quotas. A Presidential proclamation is re- 
quired to establish new quotas after changes in 
political boundaries have occurred and are recog- 
nized by the United States. (A list of the present 
immigration quotas is given in the appendix.) 

QUOTA NATIONALITY 

Section 12 («) of the Immigration Act of 1924 
provides that (quota) nationality shall be deter- 
mined by the country of birth, treating as sepa- 
rate countries the colonies, dependencies, or 
self-governing dominions, for which separate 
enumeration was made in the United States census 
of 1890, except that: 

(a) a child under 21 years of age shall be 
charged to the quota of the native country of the 
accompanying parent or of the father when both 
parents accompany the child, regardless of the 
country of the child's birth unless the child was 
born in a nonquota country. A minor child desir- 
ing to accompany a parent who is entitled to non- 
quota or preference status may be charged to the 
quota for the country of the child's birth rather 
than to that of the parent's birth if such action 
will enable the child to accompany the parent; 

(&) a wife may be charged to the quota of her 
husband if the monthly quota to which she would 
ordinarily be chargeable is exhausted, provided 
she is accompanying him, he is entitled to an immi- 
gration visa, and the monthly quota to which he 
is chargeable is not exhausted; 

(c) an immigrant born in the United States 
who has lost his United States citizenship shall be 
considered as having been born in the country of 
which he is a citizen or subject, or if he is not a 
citizen or subject of any country, then in the coun- 
try from which he comes, which means the country 
of his residence or domicile. 

An alien husband who is a lawful permanent 



resident of the United States may go abroad in 
order to confer upon his wife and his minor chil- 
dren the benefits of his quota nationality if they 
are to accompany him to the United States. 

An alien has the burden of establishing facts 
which will enable a consular officer to determine 
his correct quota classification. 

An alien of the Chinese race, regardless of the 
country of birth is chargeable, if a quota immi- 
grant, to the Chinese racial quota. 

An alien of a race indigenous to India, if a 
quota immigrant, is chargeable to the quota for 
India, regardless of the country of birth. The 
Chinese wife of an American citizen, however, a 
returning resident alien as defined in section 4(6) 
of the Immigrant Act of 1924, a Chinese or In- 
dian minister or professor as defined in section 4 
(d) of the act, or a Chinese or Indian student as 
defined in section 4 (e) of the act, is entitled to 
nonquota status. 

The term "Chinese person" signifies any person 
who has as much as one-half Chinese blood and 
who is eligible to naturalization under section 
303 of the Nationality Act of 1940. The term 
"persons of races indigenous to India" means any 
person who has as much as one-half of the blood of 
a race indigenous to India and who is eligible to 
naturalization under section 303 of the Nationality 
Act of 1940. 

The act also provides that any quota immigi'ant 
who is of one-half Chinese blood and one-half the 
blood of a race indigenous to India shall, if born 
in India, be chargeable to the quota for India ; if 
born in China, to the quota for the Chinese, or 
if born in neither of these countries, to whichever 
of the quotas has the least applications for visas 
against it at the time the application for a visa 
is made. 

MONTHLY LIMITATION ON THE ISSUANCE 
OF QUOTA IMMIGRATION VISAS 

Section 11 (/) of the Immigration Act of 1924 
provides that there shall be issued not more than 
10 percent of the immigi'ation visas issuable under 
any quota of 300 or more in any calendar month. 

ALLOTMENT OF QUOTA NUMBERS 

Consular officers throughout the world report 
to the Department quarterly the number of quali- 
fied applicants under the various quotas accord- 
ing to the dates of registration, without giving 
the names, except in preference cases. These re- 



Ocfober 10, J 949 



529 



ports furnisli information on the total number of 
qualified applicants under the various quotas 
througluHit the world. As quota numbers become 
available, they are allotted to consuls for the is- 
suance of visas to qualified applicants who regis- 
tered prior to a basic date applicable to all 
consular offices. Therefore, in effect, quota im- 
migi-ation vi.sas are issued on a world-wide prior- 
ity basis and applicants having the same 
registration date at any office are considered at 
the same time. 

Refusal of Immigration Visas 

Section 2 (/) of the Immigration Act of 1924 

provides that : 

No immigration visa sliall he issued to an immigrant if 
it appears to tile consular officer, from statements in the 
application, or in the papers submitted therewith, that 
the immigrant is inadmissible to the United States under 
the immigration laws, nor shall such immigration visa be 
issued if the application fails to comply with the provi- 
sions of the Act, nor shall such immigration visa be issued 
if the consular officer knows, or has reason to believe, that 
the immigrant is inadmissible to the United States under 
the immigration laws. 

GROUNDS OF INADMISSIBILITY 

The imnii<rration laws (particularly section 3 of 
the Inmiigration Act of February 5, 1917, as 
amended) list various categories of excludable 
aliens, including the following : 

(1) mentally defective aliens ; (Insane persons, 
idiots.) 

(2) paupers and vagrants ; 

(3) diseased persons; (Persons afflicted with 
tuberculosis in anj' form or with a loathsome or 
dangerous contagious disease.) 

(4) mentally or physically defective aliens, the 
physical defect being of a nature which may affect 
the ability of the alien to earn a living; 

(5) aliens who have been deported from the 
United States or those who have departed to avoid 
or evade training or service in the armed forces 
of the United States; 

(6) aliens who applied for exemption from mili- 
tary service in the armed forces of the United 
States ; 

(7) criminals; (Persons who have been con- 
victed of or admit having committed, a felony or 
other crime or misdemeanor involving moral 
turpitude.) 

(8) polygamists; 



(9) anarchists. Communists and other politi- 
cally undesirable aliens; (Aliens who at any time 
shall be or have been a member of any of the classes 
excluded under this category, regardless of their 
present classification.) 

(10) prostitutes and procurers; 

(11) contract laborers: (Persons induced, as- 
sisted, encouraged, or solicited to migrate by offers 
or promises of employment. The contract labor 
clause applies to persons coming to accept employ- 
ment predominantly involving manual labor.) 

(12) public charges ; (Persons likely to become 
public charges.) 

(13) persons deported, unless authorization 
shall have been granted for them to reapply for 
admission ; 

(14) persons financially assisted; (Persons 
whose ticket or passage is paid for with the money 
of another unless it is affirmatively shown that the 
persons do not belong to any of the foregoing ex- 
cluded classes and persons whose ticket or passage 
is paid for by a corporation, association, society, 
municipality, or foreign government.) 

(15) stowaways; 

(16) children unaccompanied, not coming to 
one or both parents; (Such persons may be ad- 
mitted in the discretion of the Attorney General 
if in his opinion the child is not likely to become 
a public charge.) 

(17) natives of the Asiatic Barred Zone, except 
where permitted under special legislation ; 

(18) illiterates; (Except as indicated in the 
act in the case of certain relatives of persons in the 
United States.) 

(19) aliens applying for admission from for- 
eign contiguous territory; (Unless the line which 
brought them to such territory entered into cer- 
tain agreements with the immigration authorities 
or unless the aliens have lived in such territory for 
2 years.) 

(20) aliens removed from the United States at 
the expense of the United States; (Unless permis- 
sion to reapply for admission is granted to them 
by the Attorney General and the Secretary of 
State.) 

(21) aliens ineligible to citizenship; (But such 
persons may apply as nonimmigrants, or as return- 
ing resident aliens under sec. 4 (b) of the Immi- 
gration Act of 1924, or as ministei-s or professors 
under sec. 4 (d), or as students under sec. 4 (e) of 
the act.) 

(22) aliens whose entry would be contrary to 



530 



Deparfment of State Bulletin 



the public safety or prejudicial to the public in- 
terest. 

Provisos 

SEVENTH PROVISO TO SECTION 3 

ACT OF FEBRUARY 5, 1917, AS AMENDED 

Under the seventh proviso, the Attorney Gen- 
eral may admit an excludable alien who is re- 
turning after a temporary absence to an unrelin- 
quished domicile of seven consecutive years in the 
United States. 

NINTH PROVISO TO SECTION 3 
ACT OF 1917, AS AMENDED 

Under the ninth proviso the Attorney General 
has authority to prescribe regulations to admit 
an excludable alien temporarily. 

TENTH PROVISO TO SECTION 3 
ACT OF 1917, AS AMENDED 

Under the tenth proviso accredited officials of 
foreign govex-nments, their families, suites, and 
guests are exempt from the excluding provisions 
of the act. This exemption does not apply to offi- 
cials entering the United States for personal rea- 
sons. The benefits of this proviso have been ex- 
tended to international-organization officials. 

Wartime Regulations 

Wartime regulations governing the entry and 
departure of aliens have been issued under the au- 
thority of the Presidential Proclamation No. 2523 
of November 14, 1941, issued under statutory 
authority of the Act of May 22, 1918, as amended 
by the Act of June 21, 1941. In general, these reg- 
ulations provide for the exclusion of aliens whose 
entry into the United States would be prejudicial 
to the public interest. The regulations also pro- 
vide for denial of permission to depart from the 
United States in certain cases. 

ALIEN SPOUSES AND ALIEN 

MINOR CHILDREN OF CITIZEN MEMBERS 

OF THE UNITED STATES ARMED FORCES 

The Act of December 28, 1945, authorized for 
a period of three years the admission without doc- 
uments of the alien spouses and minor children of 
citizen members of the United States Armed 
Forces. The act exemj^ted the aliens from ex- 
clusion as physically or mentally defective aliens 
or as aliens ineligible to citizenship. The act ex- 
pired on December 28, 1948. 



FIANCEES OR FIANCES OF MEMBERS 

OF THE ARMED FORCES OF THE UNITED STATES 

The Act of June 29, 1946, as amended, authorized 
the issuance of visitors visas to the alien fiancees 
or fiances of members of the armed forces of the 
United States, provided the alien was not subject 
to exclusion from the United States under the 
immigration laws and that a bond was furnished 
to cover the cost of deporting the alien if the mar- 
riage should not take place within three months 
after the date of the entry. The act was extended 
and amended by the Act of April 21, 1949. As 
amended, the act provided that the fiance, or 
fiancee should not be racially ineligible to citizen- 
ship, should arrive in the United States on or be- 
fore September 21, 1949, should be destined to the 
United States citizen whom she or he i^ersonally 
met before the issuance of the visa and who served 
honorably in the armed forces of the United States 
during World War II, and should be otherwise ad- 
missible under the immigi-ation laws. The act 
expired on September 21, 1949. 

Aliens in the United States 

x\.n alien who is in the United States and who 
entered illegally may not file a registration fonn 
at an American consular office. 

An alien chargeable to an oversubscribed quota 
may not spend his waiting time for an immigi-a- 
tion visa in the United States and may not, there- 
fore, have his priority detennined by a date earlier 
than his last departure from the United States. 
This provision applies except when an alien who 
entered the United States lawfully as a nonimmi- 
grant prior to September 10, 1946, and who has 
remained in the United States and was permitted 
to register at an American consular office prior 
to July 1, 1949. If such alien subsequent to Sep- 
tember 10, 1946, proceeded abroad on an urgent 
and brief visit and reentered the United States as 
a nonimmigrant, his last entry is considered to be 
the date on which he last entered the United States 
prior to September 10, 1946. 

An alien in the United States who is the bene- 
ficiary of a petition for first preference status as 
the i^arent or husband of an American citizen 
may not have his first preference priority ante- 
date his departure from the United States unless 
he comes within one of the excepted classes of 
aliens whose names may be retained on a waiting 
list while in the United States. 



October 10, 1949 



531 



Displaced Persons 

The Displaced Persons Act of June 25, 1948, 
superseded the previous displaced persons pro- 
gram based on the President's directive of Decem- 
ber 22, 1945, and his directive of October 31, 1946. 

Tlie Displaced Persons Act provides for the 
establishment of a Displaced Persons Commission 
and authorizes the issuance of immigration visas 
to 205.000 displaced persons during the period 
from July 1, 1948, to June 30, 1950, and for the 
adjustment of status of a maximum of 15,000 dis- 
placed persons in the United States. The act also 
provides for the use of one-half of the German 
and Austrian quotas during the period indicated 
for the issuance of immigration visas to certain 
persons of German ethnic origin. 

ELIGIBLE DISPLACED PERSONS 

(a) Two hundred thousand displaced persons 
who are eligible under the International Refugee 
Organization Constitution, who entered Germany, 
Austria, or Italy between September 1, 1939, and 
December 22, 1945, and who on January 1, 1948, 
were in Italy or in the American, British, or 
French zones of Germany or Austria; or sectors 
of Berlin or Vienna, or who having resided in 
Germany or Austria, were detained or had to flee 
as a result of persecution by the Nazi Government 
and were on January 1, 1948, in Germany or 
Austria and who have not been firmly resettled. 
Visas issued to these persons will be charged to the 
quota for the countries of their birth up to 50 per- 
cent of the current quotas. Up to 50 percent of the 
quotas for future years may be used as needed. 

(h) Two thousand natives of Czechoslovakia 
who fled that country since January 1, 1948, as a 
direct result of persecution or fear of persecution 
and who on June 25, 1948, were in Italy or the 
American, British, or French zones of Germany or 
Austria, or sectors of Berlin or Vienna. Visas 
issued to these persons will also be charged to the 
quota of the country of their birth as indicated in 
(a) above. 

{c) Three thousand displaced orphans, under 
the age of 16 at the time of application for a visa, 
to be issued nonquota immigration visas, who on or 
before June 25, 1948, wei'e in Italy or in the Amer- 
ican, British, or French zones of Germany or Aus- 
tria or sectors of Berlin or Vienna. 

The spouse and unmarried dependent children 
under 21 years of age of an eligible displaced per- 

532 



son may also be qualified as eligible displaced 
persons. 

CONDITIONS TO BE MET 
BY DISPLACED PERSONS 

Applicants for visas as displaced persons must 
qualify under the immigration laws except for the 
provisions of the Immigration Act of February 5, 
1917, relating to the exclusion of persons who are 
contract laborers and persons whose transporta- 
tion is paid by another person or by any corpora- 
tion, society, or foreign government. They are 
also exempt from head tax and visa fees. 

Assurance must be given to the Displaced Per- 
sons Commission that the displaced person will be 
suitably employed without displacing some other 
person from employment, that he and the members 
of his family accompanying him will not become 
public charges, and that they will have safe and 
sanitary housing without displacing some other 
person from such housing. 

NUMERICAL RESTRICTIONS, PREFERENCES 

AND PRIORITIES 

FOR DISPLACED PERSONS 

(1) Not less than 40 percent of the visas shall 
be available exclusively to eligible displaced per- 
sons whose place of origin or country of nationality 
has been de facto annexed by a foreign power. 
(This group includes nationals or natives of the 
Baltic States of Estonia. Latvia, and Lithuania.) 

(2) Within the quota, preference is to be given 
to the following categories: 

(a) first, persons previously engaged in 
agricultural pursuits who will be employed in 
the United States in agricultural pursuits and 
their wives and unmarried children under 21 
years of age; (It is provided that not less 
than 30 percent of the visas issued under the 
act shall be "made available exclusively" to 
such persons.) 

(b) second, persons who are household, 
construction, clothing and garment workers, 
and other workers needed in the locality in 
the United States in which they propose to 
reside ; and persons possessing special educa- 
tional, scientific teclmological, or professional 
qualifications. 

(c) third, persons who are the blood rela- 
tives of citizens or permanent resident aliens 
within the third degree of consanguinity ac- 
cording to the rules of the common law. 

Department of State Bulletin 



(3) Within the preference groups priority in 
the issuance of visas is to be accorded : 

(a) first, to persons who during World 
War II bore arras against the enemies of the 
United States and are unable or unwilling to 
return to the country of their nationality be- 
cause of persecution or fear of persecution on 
account of race, religion, or political opinions ; 

{h) second, to eligible displaced persons 
who on January 1, 1948, were located in dis- 
placed persons camps and centers. Only in 
exceptional cases may visas be issued to per- 
sons located outside of displaced persons 
camps and centers "upon a showing of spe- 
cial circumstances which would justify such 
issuance." 

PROCEDURE IN DISPLACED PERSONS CASES 

The Displaced Persons Commission, 815 Con- 
necticut Avenue, NW., Washington 25, D.C., has 
prescribed regulations relating to displaced per- 
sons under the act. The Commission is responsi- 
ble for cei-tifying to the consular officers that an 
individual is an eligible displaced person, that 
the general requirements of the act have been met, 
and that the preference and priority stipulations 
have been met. 

Only after an individual has been formally cer- 
tified by the Displaced Persons Commission as a 
displaced person, will a consular officer examine 
him under the general immigration laws, and if 
the alien is found qualified, issue a visa. 

All preliminary inquiries regarding displaced 
persons, and the furnishing of assurances on their 
behalf should be made to the Displaced Persons 
Commission. 

ADJUSTMENT OF STATUS OF 

DISPLACED PERSONS IN THE UNITED STATES 

The Displaced Persons Act provides for the ad- 
justment of status to that of permanent resident 
of displaced persons in the United States on 
April 1, 1948, who entered the United States as 
nonimmigrants under Section 3 or as nonquota 
immigrant students under section 4 (e) of the 
Immigi-ation Act of 1924 to the number of 15,000. 

GROUNDS OF INELIGIBILITY 
TO RECEIVE VISAS 

The Displaced Persons Act provides that the 
October 10, 1949 



following persons shall be ineligible to receive 
visas under that act : 

(a) any person who is, or has been, a member of, 
or has participated in, any movement which is or 
has been hostile to the United States or the form 
of Government of the United States ; 

(b) any person who wilfully makes a misrepre- 
sentation for the purpose of gaining admission 
into the United States as an eligible displaced 
person. 

This applies to displaced persons and to per- 
sons of German ethnic origin. 

PERSONS OF GERMAN ETHNIC ORIGIN 

The Displaced Persons Act provides that be- 
tween July 1, 1948, and June 30, 1950, 50 percent 
of the German and Austrian quotas shall be avail- 
able exclusively to persons of German ethnic ori- 
gin who were born in Poland, Czechoslovakia, 
Hungary, Rumania, or Yugoslavia and who on 
June 25, 1948 resided in Germany and Austria. 
This provision of the Displaced Persons Act is 
administered solely through the Department of 
State. 

In order to qualify for an immigration visa 
under the "German ethnic origin" portions of the 
German and Austrian quotas, the burden of proof 
shall be upon each applicant to establish that 
he is not subject to exclusion from the United 
States under any provision of the immigration laws 
and to establish the following qualifications as a 
person of "German ethnic origin" as intended by 
Congress in enacting the provisions of section 12 
of the Displaced Persons Act of June 25, 1948 : 

1. that he was born in Poland, Czechoslovakia, 
Hungary, Rumania, or Yugoslavia; (The statute 
si^ecifically requires this as an element of 
classification. ) 

2. that he resided in any part of Germany or 
Austria on June 25, 1948, when the Displaced 
Persons Act became effective; (This is also a 
specific statutory requirement.) 

3. that he does not come under the jurisdiction 
of the International Refugee Organization; 

4. {a) that he is a German expellee, or the ac- 
companying wife or minor child of a German 
expellee, pursuant to the Potsdam Agreement of 
August 1, 1945, from Poland, Czechoslovakia, or 
Hungary, or (5) that he is a refugee, or the accom- 
panying wife or minor child of a refugee from 

533 



Poland, Czechoslovakia, Hungary. Rumania, or 
Yuf^oslavia, or (c) a person of Germanic origin 
born in any of the five countries mentioned, or 
the accompanying wife or minor child of such a 
person, who is unable to return in safety to his 
former home district in Germany. 

5. that he is characteristically Germanic, a status 
which is to be determined upon the basis of the 
following combination of factors, the presence or 
absence of any particular one of which will not, 
in itself, be co!isidered as conclusive, but any com- 
bination of which may be considered as providing 
satisfactory evidence of German etlinic origin : 

(a) antecedents emigrated from Germany. 

(b) use of any of the German dialects as the 
common language of the home or for social com- 
munications, 

(c) resided in the country of birth in an area 
populated predominantly by persons of Germanic 
origin or stock who have retained German social 
characteristics and group homogeneity as distin- 
guished from the surrounding population, 

{(/) evidences common attributes or social char- 
acteristics of the Germanic group in which he re- 
sided in the country of his birth, such as educa- 
tional institutions attended, church affiliation, 
social and political associations, and affiliations, 
name, business or commercial practices and asso- 
ciations, and secondary languages or dialects. 

6. any ])erson who fails to qu:ilify under 1 or 2 
is statutorily ineligible to receive an immigration 
visa under the "German ethnic origin" clause in 
section 12 of the Displaced Persons Act. but such 
person may apply in the usual manner for an ap- 
propriate immigration visa under the quota of 
the country of his birth, at such time as his turn 
is reached on the waiting list, and liis priority on 
such waiting list shall be determined as of the 
date of his registration for an immigration visa 
under the "German ethnic origin" program. 

APPENDIX 

Reciprocal Visa Fee 
Agreements and Arrangements 

List of countries and areas for whose nationals, and in 
some cases residents, passport visa fees have been recipro- 
cally reduced or waived. Notices of changes in the list 
appear from time to time in the Federal Register, Title 22. 

' Reduction applies only to citlicns of Brazil domiciled in Brazil. 

' Reduction applie? to all holders of British pa.^snorts not otherwise ex- 
empt from the p:iyrnent of nonimini!?rant p;i.ssport visa fees. 

• Passport visas may be pranted for an Initial (leriod of 24 months only to 
nonimmiifrant aliens who are proceeding to the United States as temporary 
visitors »nthin the meaning ol sec. .1 (2), ImmlRration Act, 1924, as amended. 

I Visas are not required tor American citizens entering cotmlry or area for 
temporary stay. 



Country or Area Fee 

ArKentina Gratis 

.Austria'* Gratis 

Bahama Islands ' ♦ Gratia 

Barbados ' * Gratis 

Belgium (not including Belgian Congo)' * . . . . Gratis 

Bermuda " Gratis 

Brazil ' Gratis 

Bulgaria $2. 00 

Canada'* Gratis 

Chile $1. 75 

China S2. 50 

Colombia Gratis 

Costa Rica (iratis 

Cuba ' ' Gratis 

Denmarlt " Gratis 

Dominican Republic Gratis 

Ecuador Gratis 

Egypt $2. 00 

El Salvador ' * Gratis 

Finland Gratis 

France' 

3 (2) 12 months .$3. 50 

3 (2) 24 months $6. 75 

3 (3) 1 journey $2. 25 

Great Britain ' S2. 00 

Greece Gratis 

Guatemala Gratis 

Guiana (British) ' * Gratis 

Haiti Gratis 

Honduras Gratis 

Honduras (British) ' * Gratis 

Hungary Gratis 

Iceland' Gratis 

India S2. 00 

Iran Gratis 

Iraci .S2. 00 

Ireland'' Gratis 

Italy" Gratis 

.lamaica ' * Gratis 

Leeward Islands, B.W.I.'* Gratis 

Liberia ' Gratis 

Liechtenstein ' * Gratis 

Luxembourg ' * Gratis 

Mexico ■ $2. 00 

Miqtielon ' 

3 (2) 12 months S3. 50 

3 (2) 24 months S6. 75 

3 (3) 1 journey $2. 25 

Morocco (Frencii)'* Gratis 

Xethcrland.s ' * Gratis 

Netherlands Ea-st Indies Gratis 

Netherland.s West Indies ' * Gratis 

New Zealand ' $2. 00 

Nicaragua Gratis 

Norway " Gratis 

Panama ' Gratis 

Peru Gratis 

Siam ' * Gratis 

St. Pierre ' 

3 (2) 12 months $3. 50 

3 (2) 24 months $6. 75 

3 (3) 1 journey $2. 25 

Surinam ' * Gratia 

Sweden ' * Gratis 

Switzerland ' * Gratis 

Trinidad ' * Gratis 

United Kingdom ' * Gratis 

Venezuela $2. 00 

Windward Islands, B.W.I. ' ' Gratis 

Yugoslavia $2. 00 



' French nationals resident in Metropolitan France, Andorra, Algeria, 
Morocco, Guadeloupe, Martinique, Guiana, R6union. Tunisia, and Terri- 
tory of the Stwr, and French members of delcRations representing war-veteran 
orpanizations temporarily visiting the United States will be granted gratis 
nonimmigrant piu-^port visas, and such French nationals who are proceeding 
to the United States as lemiwrary visitors within the meaning of sec. 3 (2), 
Immigration .\ct, 1924, may he granted nonimmigrant passport \isas valid 
for 24 months. All other French nationals are siibji'et to the prescribed fee. 



534 



Department of State Bulletin 



Countries Under Section 3 (6) of the Act of 1924 
With Which the United States Has Treaties of 
Commerce and Navigation 

Argentina : Treaty of frieudship, commerce, and naviga- 
tion, signed July 27, 1853 ; art. II. 

Belgium : Treaty of commerce and navigation, signed 
Mar. 8. 1875 ; art. I. 

Bolivia : Treaty of peace, friendship, commerce, and navi- 
gation, signed May 13, 1858; art. III. 

Borneo : Treaty of peace, friendsliip, commerce, and navi- 
gation, signed June 23, 1850 ; art. II. 

China : Immigration treaty, signed Nov. 17, 1880 ; art. II. 

Colombia : Treaty of peace, amity, navigation, and com- 
merce, signed witli New Granada, Dec. 12, 1846 ; 
art. III. 

Costa Rica : Treaty of friendship, commerce, and naviga- 
tion, signed July 10, 1851 ; art. II. 

Denmark : Convention of friendship, commerce, and navi- 
gation, signed Apr. 26, 1826 ; arts. II and VI. 

El Salvador : Treaty of friendship, commerce, and con- 
sular rights, signed Feb. 22, 1926 ; art. I. 

Estonia : Treaty of friendship, commerce, and consular 
rights, signed Dec. 23, 1925 : art. I. 

Ethiopia: Treaty of commerce, signed June 27, 1914; 
art. I. 

Finland : Treaty of friendship, commerce, and consular 
rights, signed Feb. 13, 1934 ; art. I. 

Great Britain : Convention to regulate commerce and 
navigation, signed July 3, 1815 ; art. I. 

Greece : Treaty of establishment, signed Nov. 21, 1936 ; 
art. I. 

Honduras : Treaty of friendship, commerce, and consular 
rights, signed Dec. 7, 1927 ; art. I. 

Ireland (Eire) : Convention to regulate commerce and 
navigation, signed with Great Britain, July 3, 1815. 

Latvia: Treaty of friend.ship, commerce, and consular 
rights, signed Apr. 20, 1928 ; art. I. 

LiBERi.\ : Treaty of commerce and navigation, signed 
Oct. 21, 1862; art. II. 

Norway : Treaty of commerce and navigation, signed with 
Sweden and Norway July 4, 1827; article I. Treaty 
of friendship, commerce, and cnn.sular rights, signed 
June 5, 1928, and additional article, signed Feb. 25, 
1929 ; article I, article XXIX, 3d par., and additional 
art. 

Paraguay : Treaty of friendship, commerce, and naviga- 
tion, signed Feb. 4, 1859; art. II. 

Poland : Ti-eaty of friendship, commerce, and consular 
rights, signed June 15, 1931 ; art. I. 

SiAM : Treaty of friendship, commerce, and navigation, 
final protocol, signed Nov. 13, 1937 ; art. I and art. XVI. 

Spain : Treaty of friendship and general relations; signed 
July 3. 1902 ; art. II. 

Switzerland : Convention of friendship, commerce, and 
extradition, signed Nov. 25, 1850 ; art. I. 

Turkey: Treaty of establishment and sojourn, signed 
Oct. 28, 1931 ; preamble and art. I. 

Tugo8la\ia : Treaty of commerce and navigation, signed 
with Serbia Oct. 2/14, 1881 ; art. I. 



Important immigration Laws 

Act of February 5, 1917 (39 Stat. 875; 8 U. S. C. 132) 

The Immigration Act of 1917, a basic Immigration act, 
lists in sec. 3 many categories of aliens who are ex- 
cluded from the United States. 

Act of May 26, 1924 (43 Stat. 153 ; 8 U. S. C. 201) 

The Immigration Act of 1924, a basic immigration act, 
provides for the numerical limitation of immigrants 
according to quotas for various countries established 
according to "national origins." 



Act of May 22, 1918 (40 Stat. 559; 22 U. S. C. 223; 55 Stat. 
252, Act of June 21, 1941) 

This act relates to the prevention in time of war of 
the departure from or entry into the United States 
of aliens contrary to the public safety. 

Act of October 16, 1918 (40 Stat. 1012; 8 U. S. C. 137) 

Tills act relates to the exclusion and expulsion of alien 
anarchists and similar classes. 

Act of February 25, 1925 (43 Stat. 976; 8 U. S. C. 202) 

This act authorizes the President in certain cases to 
modify visa fees for nonimmigrants. 

Act of March 24, 1934 (48 Stat. 456 ; 48 U. S. C. 1232, Phil- 
ippine Independence Act) 

Act of June 28, 1940 (54 Stat. 675; 8 U. S. C. 458, Alien 
Registration Act, 1940) 

Act of June 20, 1940 (55 Stat. 252; 22 U. S. C. 223) 

This act authorizes the refusal of visas to aliens whose 
admission into the United States would endanger the 
public safety. 

Act of December 17, 1943 (57 Stat. 600; 10 U. S. C. 903) 

Act to repeal the Chinese exclusion acts and to es- 
tablish an immigration quota for Chinese. 

Act of December 28, 1945 (59 Stat. 659; 8 U. S. C. 232) 

This act provides for the entry of the spouses and 
children of service personnel for a period of 3 years. 

Act of December 29, 1945 (59 Stat. 669; 22 U. S. C. 288) 

International Organizations Privileges and Immuni- 
ties Act provides privileges and immunities for mem- 
bers of and representatives to international organ- 
izations designated by the President and provides a 
special nonimmigrant status, sec. 3 (7) which is 
similar to that of foreign government officials, sec. 
3 (1). 

Act of April 30, 1946 (60 Stat. 128) 

An act to rehabilitate the Philippines and provides 
nonquota status for certain Philippine nationals. 

Act of June 29, 1946 (60 Stat. 339; 50 U. S. C. 1851) 

This act provides for the admission under bond as 
nonimmigrant temporary visitors of alien fiancees of 
service personnel. The act as extended expired Dec. 

31, 194S. 

Act of July 2, 1946 (60 Stat. 417; 8 U. S. C. 2126) 

This act provided for the establishment of an Indian 
immigration quota. 

Act of January 27, 1948 (62 Stat. 6 ; 22 U. S. C. 1431 Note) 

United States Information and Educational Exchange 
Act of 1948 provides for the admission as exchange 
visitors of students, teachers, etc. from foreign coun- 
tries on a reciprocal basis. 

Act of June 25, 1948 (62 Stat. 1009 ; 50 App. U. S. C. 1951, 
The Displaced Persons Act) 

Act of April 21, 1949 (PubUc Law 51, 81st Congress) 

Amending and extending the Fiancee Act of June 29, 
1946 (Public Law 471, 79th Congress). 



Ocfober JO, T949 



535 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Clarity of UNESCO's Central Purpose Needed 
in Peacemaking of United Nations 



ty George V. Allen, Chairman of the United States Delegation^ 



Mr. President: The General Conference of 
UNESCO, meeting here in Paris at its fourth annual 
session, returns after an interval of 3 years to 
the headquarters of the organization and to the 
scene of its first meeting. Three years is a short 
time in the life of a man ; it is a still shorter span 
in the life of an organization such as Unesco 
which, we are confident, is destined to far outlive 
every one of us and to exercise an enduring influ- 
ence on the welfare and the fate of mankind. 

Three years ago Unesco was newborn, with all 
the innocence and all tlie perfections of the new- 
born child. Now, at the age of 3 years, it is a 
healthy child, with both the imperfections and the 
vitality of the young. 

I must report to you, Mr. Chairman, that in the 
United States there has been considerable criticism 
of UNESCO. It is not an unpopular pastime in 
my country, and perhaps elsewhere, to deride the 
large number of projects Unesco is engaged in, 
or to inquire how this, that, or the other activity 
contributes to peace. The multifarious nature of 
UNESCO's projects, some having apparently little 
relation to the general purpose of the United Na- 
tions, has caused one well-meaning critic to refer 
to UNESCO as "that organization in search of a 
purpose." 

UNESCO's primary need, it seems to me, is to 
integrate itself more closely into the general 
United Nations structure. This would emphasize 
that UNESCO is the United Nations educational, 
scientific, and cultural organization. Unesco's 

' Made in Paris, at the fourth session of the General 
Conference of Unebco on Sept. 20, 1949, and released to 
the press b.v the U.S. delegation on the same date. Mr. 
Allen Is Assistant Secretary for Public Affairs. 

536 



very specific assignment, in the general United 
Nations structure, is to try to create enough under- 
standing and friendship among the peoples of the 
world to give the rest of the United Nations a 
chance to succeed. At the present moment, the 
outstanding task of the whole United Nations, 
with all its special agencies, is to eliminate inter- 
national M-arfare. As long as the horrible possi- 
bility of modern war liaunts our lives, the problem 
of peace far outweighs anj' other question of our 
time. 

Unesco, then, must contribute its part to a world 
sy.stem strong enough to keep the peace. Some en- 
thusiastic "Unescans" appear to believe that inter- 
national understanding by itself will prevent war. 
I do not subscribe to this belief. World organi- 
zation must have a political structure. Unesco 
has a vital role in helping to make that possible, 
but we should make every effort to avoid any im- 
pression that we in Unesco are trjnng to "go it 
alone." 

Skeptics doubt that Unesco can mobilize enough 
international understanding to make any real dif- 
ference in the present world situation. I would 
be inclined to agree if Unesco were the entire 
United Nations. But as one part of a larger struc- 
ture, Unesco's contribution may mean the differ- 
ence between success and failure. I doubt that 
tlie United Nations can succeed unless Unesco 
does. On one thing all delegates to this confer- 
ence are agreed : that Unesco has a priceless asset 
in the vision, vigor, and ability of its Director 
General, Dr. Jaime Torres Bodet. Last April we 
held in the United States a national conference on 
Unesco which was attended by 2.500 delegates 
from the 48 States of our Union, and by some 6.000 

Department of State Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



visitors from the Cleveland community. It was 
our pleasure to have with us the Director General. 
He has left with us an enduring imprint, an en- 
during memory, and an enduring inspiration. 

We sometimes are told that a country gets the 
leaders it deserves ; the same thing is true of or- 
ganizations. I can have no doubts as to the merits 
of UNESCO if it has deserved Dr. Torres Bodet. 

I have read with great interest the Director 
General's report on activities of Unesco in the 
8 months since he entered into office. I can well 
understand the difficulties which he has faced, and 
which he describes in the first pages of his report. 
Many of us here have experienced the difficulty of 
recruiting competent staff for a national opera- 
tion. How infinitely more complex are the prob- 
lems of securing the services of an able secretariat, 
drawn from many countries, to perform new tasks 
of an international character requiring knowl- 
edge and skills of a different order from those of 
a national service. We earnestly hope that the 
problems of recruitment and continuity in the 
Secretariat will be satisfactorily solved. 

Dr. Torres Bodet has given to us an enlighten- 
ing review of the problems of Unesco as he sees 
them from his point of vantage as the Director 
General of our organization. He has told us that 
Unesco must simplify its program. I heartily 
and emphatically agree. I admit that I find con- 
siderable difficulty in understanding all the impli- 
cations of the bountiful resolutions which were 
passed at the last session of the General Confer- 
ence. I have given considerable study to them, 
but I am frequently embarrassed by being asked 
to explain some obscure item which I have either 
not noticed or not understood. Pi'obably this dif- 
ficulty arises in part from defects in the way in 
which we formulate some of our resolutions. We 
have not always made clear precisely what contri- 
bution to UNESCO's central purpose each project is 
supposed to make, nor does the program as a whole 
seem to be guided by a central purpose. I have 
said what I believe it should be. The program 
activities of Unesco must be simplified, concen- 
trated, and pointed always with certainty toward 
the development of foundational understanding 
needed in the peacemaking of the United Nations. 

I do not wish to be misunderstood on this point. 
A world community of minds with peace as the 
central aim will not be developed by a single 
project or a single program. Unesco's efforts must 
command the active participation of intellectuals 
and the masses of the people everywhere. This 
diversity of effort is required. But I am quite 
confident that the best results will be obtained — 
and good results must not be delayed — by focusing 
the educational, scientific, and cultural coopera- 
tion Unesco fosters on the issues, concepts, and 
problems crucial to the nations efforts to build an 
enduring peace. 

October 10, 1949 

857226 — 49—3 



The Executive Board has submitted to us a sug- 
gested code of policy consisting of 18 general 
directives, which is intended to help remedy the 
present difficulty of diffusion and confusion. 
While the policy code is an excellent beginning, 
I must confess that these 18 directives do not 
appear to the delegation to accomplish fully the 
fine purpose intended. Rather than adopt these 
directives as they are now presented to us, we would 
prefer that they be referred back to the Executive 
Board for redrafting in the light of the revised 
program which we expect to have presented to 
us at the next session of the General Conference. 

From what I have already said you will under- 
stand my delight when I noted the Director Gen- 
eral's assertion that our difficulty is not merely 
one of expressing more clearly and simply what 
we are trying to do. It goes deeper than that. We 
have still to agree upon basic objectives and a 
plan of work. We must continue to clarify our 
aims. No complete and final definition is likely 
to be formulated. Great philosophers continue 
year after year to try to explain the aims of educa- 
tion, and no one is ever completely satisfied with 
the explanation, including the philosophers them- 
selves. This fact, however, does not absolve us 
frorn the responsibility for a renewed effort to 
clarify our goal. Certainly I agreed with the Di- 
rector General that it is not so much the mere 
number of activities of Unesco that induces con- 
fusion as it is the absence of one or more clearly 
discernible plans. Thus, I hope there will be gen- 
eral agreement that, at the next session of the 
General Conference, a drastic revision of the pro- 
gram of Unesco should be presented, organized 
around a relatively few major projects. We must, 
indeed, concentrate and integrate the activities 
of Unesco. 

But I trust we can agree on more than that, 
for it is not enough to concentrate and integrate 
in a vacuum. AVe must firmly establish the frame 
of reference with vital purposes within which we 
concentrate and integrate the program. I venture 
to make two or three suggestions which I hope will 
be considered when the Executive Board and the 
Director General refashion the program for our 
consideration. 

First, let us recall that while Unesco draws its 
mandate from the will of the peoisles of the world, 
it must be operated, as I have said, as part and 
parcel of the system of the United Nations. A 
world community is needed, with sufficient cohe- 
sion to enable international justice and an inter- 
national political organization to function. The 
United Nations and its specialized agencies are the 
best expressions in institutional form which the 
world community now possesses. Unesco exists 
to strengthen that community, and in particular 
to strengthen the system of the United Nations. 

How can Unesco best serve the United Nations ? 
I hope that this question will be thoughtfully con- 
sidered by every delegate who proposes a project 
to be undertaken by Unesco, or who votes on a 

537 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



budget estimate during tiiis conference, and by the 
Executive Board and the Director General as they 
reflect on the future program of Unksco. Unesco 
can conrmand, to a degree unparalleled by any 
otlier organization, the interest and support of 
educators, scientists, and scholars; it can exert an 
iniuicnse influence through radio, press, and films. 

AVould it not be well for the Director General to 
invite the Secretary-General of the United Na- 
tions and the heads of the other eight sister agen- 
cies to submit for his consideration three or four 
projects which Unesco, as the educational arm 
of the United Nations, might well undertake, in 
order to advance the interests of the whole system i 
Could he not, by such a request, at once make 
clear that Unesco accepts this responsibility to 
the world community, and at the same time insure 
the support and cooperation of these other 
organizations? 

iJxESCo is designed as a major agency of the 
cultural revolution of the twentieth century. This 
is a revolution like the French Revolution and 
other great revolutions of history, in the sense that 
it aims to spread possession of tlie instruments 
of power among all the people. Scholarship, edu- 
cation, and art are instruments of power in the 
modern world. Held closely in the hands of a 
fortunate elite, they maj' be exploited to buttress 
j)rivilege and block the growth of democracy. 
But when all the i)eople have access to knowledge 
and skill and may share in the cultural riches of 
mankind, tyranny and aggression become increas- 
ingly difficult, if not impossible. This cultural 
revolution, asserting the right of all human beings 
to education and to the benefits of research and 
artistic creation, is vigorously under waj'. Unesco 
was created to facilitate the revolution as neces- 
sary to the spread of international understanding 
and the growth of the world community. Unesco 
is not for the few. It is for the many. It is for all. 

This is why Unesco must proceed with a vigor- 
ous and expanded program of education of the 
masses of the people of the world. That is why 
the delegation supports an energetic campaign of 
fundamental education not only as a part of the 
program of Unesco but also as an essential part 
of the program of technical assistance for eco- 
nomic development. This is why, too, the United 
States delegation urges that still more effective 
use be made of the means of mass connnunica- 
tion — the radio, the film, and the printed word. 

A great deal has been heard recently of the pro- 
posed technical assistance program for the so- 
called "backward areas of the world." A dis- 
tinguished member of tlie American delegation has 
asked. "What is to be done to help the areas that 
are going backward?"' I hope Unesco can assist 
in reversing that retrograde movement and that 
all the world can advance together in peace and 
human dignity. 

538 



Unesco must cling firmly and unflinchingly to 
the ideas of free inquiry, freely carried on and 
freely communicated. 

The United States has signed the convention to 
facilitate the international interchange of audio- 
visual materials of an educational character; it is 
our earnest hope that other nations will do like- 
wise and that this convention, the first to be nego- 
tiated under Unesco's auspices, will be rapidly 
brought into effect. While we urge the adoption 
of the present convention, we favor continuing 
efforts to enlarge its scope to include other educa- 
tional materials. 

The delegation of the United States reaffirms 
its faith and confidence in Unesco. We are proud 
of the efTorts which have been made bv our na- 
tional commission to win support for XInesco in 
our own country. I do not know to what extent 
we may be considered to have failed to take action 
on specific tasks proposed to us by the Director 
General. No doubt we, like other member states, 
have been remiss to some extent. 

I wish to give this pledge to the Director Gen- 
eral, as the representative here of the United States 
delegation of the United States National Commis- 
sion for Unesco, and of the Government of the 
United States: the United States will, during the 
coming year, redouble its efforts to bring into serv- 
ice of Unesco our learned groups, our great civic 
and cultural organizations, and our media of mass 
communication. We shall welcome recommenda- 
tions from the Director General. We shall do all 
in our power to carry them out. If we are negli- 
gent we shall gladly accept his reproof. We shall 
bear in mind that peace is made in the villages, 
the towns, in the schools, the homes; and where 
it lies in our power to build the peace, we will put 
forward our utmost strength. 



United Nations Documents: 
A Selected Bibliography '■ 

Economic and Social Council 

Economic Commission for Europe. Annual Re- 
port. E/1328, May 24, 1949. 07 pp. mimeo. 

Implementation of Recommendations on Economic 

and Social Matters. E/1325, May 18, 1949. 90 pp. 
mimeo. 

Report of the Universal Postal Union. E/1323, 

June 13, 1949. 1 p. mimeo. 

Report of the Secretary-General on Co-ordination 

of Cartographic Services of Specialized Agencies and 
International Organizations. E/1322/add.l, Jlay 18, 
1949. 221 pp. mimeo. 



' Printed materials may be secured in the United States 
from the International Dornments Service, Columbia Uni- 
versity Press. 2060 Broadway, New York 27, X. Y. Other 
niiiterials (mimeographed or processed documents) may 
be consulted at certain designated libraries in the United 
States. 

Department of State Bulletin 



The United States in the United Nations 



[October 1-7] 
Korea 

The General Assembly's 59-member Ad Hoc Po- 
litical Committee completed consideration of the 
problem of the independence of Korea on October 
3 with the adoption of the joint proposal of the 
United States, Australia, China, and the Philip- 
pines to continue the existence of the U.N. Com- 
mission on Korea with increased powers, includ- 
ing the authority to ''observe and report any de- 
velopments which might lead to or otherwise in- 
volve military conflict in Korea." The vote was 
44 in favor to 6 opposed (Slav bloc) , with 5 absten- 
tions. The Commission retains 6 of the 7 present 
members (Australia, China, El Salvador, France, 
India, the Philippines) and adds Turkey to re- 
place Syria which did not feel able to continue its 
representation on the Commission. A Soviet pro- 
posal to terminate the Commission immediately 
was rejected by 44 opposed to 6 in favor (Slav 
bloc). 

Italian Colonies 

General debate on how the United Nations 
should dispose of the former Italian colonies in 
Africa is nearing conclusion in the General Assem- 
bly's Political and Security Committee, with gen- 
eral agreement that Libya should be granted in- 
dependence, though views as to the procedure 
vary. Divergent views have also been expressed 
as to a solution for Eritrea and Somaliland. 

Dr. Philip C. Jessup of the United States told 
the Committee on the opening day of debate that 
his delegation would support the establishment of 
an independent and unified Libya (composed of 
Cyrenaica, Tripolitania, and the Fezzan) at a defi- 
nite date in the near future. With regard to Eri- 
trea, the United States considered that the best so- 
lution would be the incorporation of all but the 
western province into Ethiopia with the western 
province going to the Sudan. Italian Somaliland 
should be "assisted toward the goal of independ- 
ence through the trusteeship system of the Llnited 
Nations," with Italy assigned the administration 
of the trusteeship. 

The British views coincide with those of the 
United States, as do the French general views, 

Ocfober 10, T949 



though the French delegate suggested that pend- 
ing independence of Libya, separate governments 
should be organized for Tripolitania, Cyrenaica, 
and the Fezzan. The Soviet proposal would grant 
Libya immediate independence with withdrawal 
of all foreign forces and military personnel and the 
liquidation of all military bases there within 3 
months. The Soviet proposal for Eritrea was in- 
dependence after 5 years, during which period it 
was to be administered by the Trusteeship Coun- 
cil through an administrator assisted by an advi- 
sory committee, to include among others the Soviet 
Union. Ethiopia was to receive a part of Eritrea 
providing her with an outlet to the sea. The same 
trusteeship arrangement were envisaged in the 
Soviet proposal for Italian Somaliland as for 
Eritrea. 

Count Carlo Sforza, the Italian Foreign Min- 
ister, proposed a "unitary structure"' for Libya 
which could preserve the common historical herit- 
age of its past, with an ''api^osite Federal Coun- 
cil" to be set up to protect the common interest of 
the independent states to be formed. Tripolitania 
should have immediate independence, he said. He 
also proposed indepemlence for Eritrea and Itali- 
an trusteeship over Somaliland until that country 
is ready for independence. 

After completion of the general debate, the sub- 
committee, set up to examine requests for hearings 
made by various political parties and organiza- 
tions interested in the former Italian colonies, will 
report to the full Committee. Consideration of 
specific proposals made during the general debate 
will follow. 



Technical Assistance 

Approval of an expanded technical assistance 
program for underdeveloped areas of the world 
has been widely expressed by United Nations mem- 
bers in debate before the General Assembly's Eco- 
nomic and Financial Committee of the proposed 
program drawn up by the Economic and Social 
Council. Representatives of certain countries 
have stressed their need of technical assistance and 
capital, as well as the importance of safeguards 
against political or economic pressure. Repre- 
sentatives of economically developed countries ex- 

539 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Conlinued 



pressed willingness to contribute to the expanded 
program of technical assistance as well as to 
economic development of the receiving countries. 
Most of the representatives agreed that the pro- 
gram as adopted by the Economic and Social 
Council represented a practical and constructive 
approach to the problem. 

Thus far, opposition has been expressed only by 
representatives of Poland and Byelorussia. They 
contended among other things that the program is 
not practical as it now stands, and that it would 
lead to exploitation of other countries by Ameri- 
can and British interests. 

Human Rights in Bulgaria, Hungary, and Rumania 

A proposal to request an advisory opinion of the 
International Court of Justice in connection with 
the alleged violations of human rights and funda- 
mental freedoms in Bulgaria, Hungary, and Ku- 
mania was presented to the Ad Hoc rolitical Com- 
mittee of the General Assembly on October 4 by 
Benjamin V. Cohen of the United States. The 
proposal was embodied in a resolution jointly 
sponsored by Bolivia, the United States, and Can- 
ada. Mr. Cohen stressed that the United States 
was concerned only with the observance of human 
rights, not internal policies. In a review of events 
in the three countries, Mr. Cohen confirmed previ- 
ously made charges of Rumanian religious repres- 
sions against Christians and Jews, recounted the 
"single-list" ballot and "purely mechanical elec- 
tion" in Hungary and Bulgaria, and told how all 
political or press opposition in these states had 
ceased to exist. Not only was the judiciary per- 
verted for political purposes but the Communist 
regime in Hungary, "having no further democratic 
opposition to destroy, is now busily engaged in 
widespread purges of Communist collaborators 
who have become suspects." He outlined the fail- 
ure of United States and United Kingdom efforts 
to get cooperation in using treaty procedures 
agamst the violators. The accused governments 
sought to justify their conduct on legal grounds, 
Mr. Cohen added, and therefore the United States, 
Bolivia, and Canada urged that the General As- 
sembly request the International Court of Justice 
to give an advisory opinien on the legal questions 



regarding the applicability and functioning of the 
treaty procedure. He pledged United Slates ac- 
cepta'nce of the opinion of the Court as binding, 
stating that the United States felt, as a treaty 
signatory, that it was entitled to an authoritative 
determination of this important issue. 

Thus far in the general debate, most of the 
spokesmen have expressed support for the propo- 
sal to request an advisory opinion of the Interna- 
tional Court of Justice. The United Kingdom 
representative gave a detailed indictment against 
three countries for their repression of civil liber- 
ties. 

Australia proposed direct General Assembly ac- 
tion by the appointment of a committee to inves- 
tigate and report on the situation in Bulgaria, 
Hungary, and Rumania and contended that an 
opinion of tlie International Court of Justice 
would prove of little assistance toward a solution. 

The Polish representative, contending that the 
interpretation of the peace treaties was clearly out- 
side the scope of the United Nations and that the 
United Nations had no authority to intervene in 
matters which are within the domestic jurisdiction 
of any state, devoted almost an hour-long state- 
ment to an attack on the "moral qualifications" of 
Australia, the United States, the United Kingdom, 
and Bolivia, stating that the "accusers" were guilty 
of numberless violations of human rights. 

U.N. Postal Administration 

On the question of the establishment of a United 
Nations Postal Administration, the General As- 
sembly's Administrative and Budgetary Commit- 
tee on September 30 adopted, by a vote of 34 to 
with 8 abstentions, a resolution requesting the Sec- 
retary-General "to continue the preparation of 
necessary arrangements for the establishment" of 
such an administration and to submit a new report 
to the next regular session of the Assembly. The 
idea of establisliing a Postal Administration was 
approved "in principle" by the last General As- 
sembly. The United Nations Assistant Secretary- 
General for the Department of Conference and 
General Services pointed out to the Committee 
that the whole question needed further investiga- 
tion and advice before being initiated and that it 
could not in any case be put into effect before the 
United Nations moved to its permanent headquar- 
ters in New York. 



540 



Department of State Bulletin 



Observance in Bulgaria, Hungary, and Rumania of Human Rigiits 
and Fundamental Freedoms 



U.N. doe. A/985 
Dated Sept. 23, 1949 

Letter from the U.S. Representative 

to the United Nations to the Secretary-General 

New York, 20 September IBJfi. 

Under instructions from my Govermiient, I have 
the honor to refer to the General Assembly reso- 
lution of 30 April 1949 (272 (HI))' on the ques- 
tion of observance in Bulgaria and Hungary of 
human rights and fundamental freedoms. In this 
resolution the General Assembly noted with satis- 
faction that steps had been taken by several sig- 
natories of the Treaties of Peace regarding the 
charges made against the Governments of Bulgaria 
and Hungary and expressed the hope that measures 
would be diligently applied, in accordance with 
the Treaties, in order to ensure respect for human 
rights and fundamental freedoms. The Assembly 
drew the attention of the Govei'nments of Bul- 
garia and Hungary to their obligations under the 
Peace Treaties, including the obligation to coop- 
erate in the settlement of the question and decided 
to retain the question on the agenda of the fourth 
session. On 20 August 1949, the Government of 
Australia proposed for inclusion on the agenda of 
the fourth session the question of observance of 
fimdamental freedoms and human rights in 
Rumania. 

As one of the signatories to the Treaties of Peace 
with Bulgaria, Hungary and Rumania the United 
States has instituted measures referred to in the 
above-mentioned resolution of the General As- 
sembly. 

1. In its notes of 2 April 1949 (Annexes 1, 2 
and 3),= the Government of the United States 
formally charged the Governments of Bulgaria, 
Hungary and Rumania with violations of the re- 
spective clauses of the Peace Treaties obligating 
them to secure to their peoples the enjoyment of 
human rights and fundamental freedoms. The 

' Bulletin of May 15, 1949, p. 613. 
' Bulletin of Apr. 10, 1949, p. 450. 



United States Government requested that reme- 
dial measures be taken by the three Governments. 
The Governments of Hungary, Bulgaria and Ru- 
mania replied in notes delivered on 8, 21, and 18 
April 1949, respectively (Annexes 4, 5 and 6.)^ 

2. Since in these notes the three Governments 
denied that they had violated the Treaty provi- 
sions and indicated their unwillingness to adopt 
the requested remedial measures, the United States 
Government informed them that in its view dis- 
putes had arisen concerning the interpretation and 
execution of the respective Treaties of Peace. In 
the notes delivered by the American Legations in 
Sofia, Budapest and Bucharest on 31 May 1949 
(Annexes 7, 8 and 9),'' the United States Govern- 
ment invoked the relevant Treaty Articles pro- 
viding for the settlement of such disputes by the 
Heads of Diplomatic Missions of the United King- 
dom, Soviet Union and United States in the three 
capitals (Article 36 of the Treaty with Bulgaria, 
Article 40 of the Treaty with Hungary, Article 38 
of the Treaty with Rumania). The United States 
Chiefs of Mission in the three capitals requested 
their Soviet and British colleagues to meet with 
them to consider the disputes, in accordance with 
the procedure specified in those Articles (Annexes 
10, 11, 12, 13, 14 and 15).= The Ministers of the 
United Kingdom expressed their willingness to 
comply with this request (Annexes 16, 17 and 18).* 
However, the Soviet Government declined, in a 
note of 11 June 1949, to authorize its representa- 
tives to discuss the matter (Annex 19).' The 
Soviet Government rejected a further request by 
the United States Government to reconsider its 
position (Annexes 20 and 21).* On 27 July 1949, 
the Government of Bulgaria addressed a note to 
the United States Government setting forth its 
view that the settlement procedures provided for 

' Bulletin of June 12, 1949, p. 755. 

* Bulletin of June 12, 1949, p. 756. 

° Not here printed. For a statement by Acting Secretary 
Webb on these notes, see Bulletin of June 12, 1949, p. 759. 

° Not here printed. 

' Not here printed. For a statement by Acting Secretary 
Webb on the Soviet note, see Bulletin of June 26, 1949, 
p. 824. 

' Bulletin of July 11, 1949, p. 29. 



Oclober TO, 7949 



541 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



in Article 30 of the Peace Treaty with Bulgaria 
were not applicable (Annex 22).' 

3. As a result, the Government of the United 
States found it necessary to invoke the additional 
Peace Treaty procedure which envisages the estab- 
lishment of commissions composed in each case of 
one representative of each party to the dispute and 
a third member chosen by mutual agreement of the 
two parties from nationals of a third country. In 
its notes delivered on 1 August 1949 (Annexes 23, 
24 and 25) the Government of the United States 
requested the Governments of Hungary, Bulgaria 
and Rumania to join with it in naming these com- 



missions.* The three Governments rejected this 
request in their notes dated 20 August, 1 Septem- 
ber and 2 September 1949, respectively (Annexes 
26, 27 and 28)." On 19 September 1949, the 
United States addressed further notes to the Gov- 
ernments of Hungary, Bulgaria and Rumania in 
which it restated its views on the disputed issues 
(Annexes 29, 30 and 31).» 

I am attaching in the Annex copies of the notes 
exchanged in this matter, with a request that you, 
Mr. Secretary-General, be kind enough to circulate 
copies of this comnninication and of the notes to 
all members of the General Assembly in connec- 
tion with the impending consideration of this mat- 
ter in the fourth session of the General Assembly. 

Warren R. Austin 



U.S. Supports Resolution for Conciliation Commission for Greece 



Statement by Benjamin V. Cohen ' 



The United States delegation supports the pro- 
posal of the Australian delegation that we make 
a new effort through the principal officers of this 
Committee and the General Assembly to obtain 
by conciliation a pacific settlement of the existing 
differences l)etween Greece and licr northern neigh- 
bors. It is our hope that this effort may be made 
before we proceed to discuss the details of the 
Balkan Committee's report. We hope that the 
chances of success of the proposed conciliation 
committee will not be prejudiced by provocative 
debate on the substantive issues. 

Last year's report of the Balkan Committee as 
well as this year's report of that Committee has 
fully familiarized ns with the issues.^ Although 
some of the states concerned continue to ignore the 
Charter of the United Nations and the recom- 
mendations of the Assembly and continue to en- 
danger peace by aiding and fomenting guerrilla 
activity against the independence and territorial 
integrity of Greece, thanks to the courage of the 
Greeks and the support given to Greece by states 
which do respect the Charter and the recommenda- 
tions of the Assembly, the danger to peace in the 
Balkans has been substantially reduced. It is 
happily becoming apparent that the Charter and 

' Not here printpfl. 

' Made in Committee I (Political and Security) on Sept. 
28, 1949, and released to the press b.v the U.S. delegation 
to the General Asscinhly on tho .snmi' date. Mr. Cohen is a 
U.S. delegate to the General Assembly. 

' For additional information on Greece see Bulletin 
of Sept. 19, 1949, p. 407. 



the recommendations of the Assembly cannot be 
treated as if they were mere scraps of paper. 

Last year's Assembly President, Mr. Evatt, 
stated on May 19 that '"an early attempt [by the 
Conciliation Committee] to complete its work 
might well be successful." The Balkan Committee 
in its 1949 supplementary report also recom- 
mended that during the fourth session of the 
General Assembly "an effort be made ... to reach 
a pacific settlement of existing differences" between 
Greece and her northern neighbors. Under these 
circumstances, we believe it is our duty to make 
another good faith effort to bring about a solution 
through conciliation. We can trust the principal 
officers of our Committee and of the Assembly 
to accomplish this if it is possible and to see that 
the terms of the settlement carry provisions ade- 
quate to insure their observance. 

But it is only fair to say that if the states con- 
cerned genuinely desire a pacific settlement of 
their differences, that settlement should be reached 
without undue delay. 

It should not need to be reiterated that the neigh- 
bors of Greece have no right to interfere in her 
internal affairs. Good neighbors do not indulge 
in civil warmongering. If we really want to give 
Greece the opportunity to reconstruct in freedom 
her war-shattered political and economic life, we 
must see that the external threats which have en- 
dangered her security are removed. 

' Bltxetin of Aug. 15, 1949, p. 238. 
' Not here printed. For a summary of the notes, see 
Bi-LLETi.N of Sept. 26, 1949, p. 456. 
' Bulletin of Oct. 3, 1949, p. 514. 



542 



Department of Sfafe Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



Nor should it need to be reiterated that inter- 
national treaties regulate the boundaries of Greece 
and her northern neighbors. Under the Charter 
they are not subject to change by force or threat 
of force. In our view, it cannot advance the cause 
of conciliation and i^eaceful settlement to intro- 
duce at this time extraneous territorial issues. 

The tenns of reference of the counciliation com- 
mission proposed by Australia are broad and flex- 
ible enough to enable the Commission to fulfill its 
task if all the states concerned are genuinely de- 
sirous of seeing that task fulfilled. 

The United States interest in Greece is an inter- 



est in peace. The United States has no special 
interests m Greece which in any way threaten the 
security of the Balkan countries or any other 
country. 

We certainly shall do all in our power to assist 
the Conciliation Commission to bring about a 
peaceful settlement if it is set up by this 
Committee. 

Of course, it is our view that if the Conciliation 
Commission is unable to effect a pacific settlement 
withm the time proposed in the Australian draft, 
this Committee should proceed to consider and act 
upon the Balkan Committee's report. We should 
not conclude the present session without taking 
some effective measures to prevent the continued 
fomenting of guerrilla warfare against Greece in 
violation of the Charter. 



Atomic Energy: A Specific Problem of the United Nations 

hy Ambassador Warren R. Austin ^ 



Tonight we honor Trygve Lie because of his 
achievements as the chief administrative officer 
of an international organization whose universality 
brings together races and states having differino- 
customs, habits, and historical background. He 
has had the courage, intrinsic honesty, balanced 
judgment, and diplomatic poise to maintain an 
exclusively international character in the perform- 
ance of his responsibilities as Secretary-General. 
He has commanded the respect of the member na- 
tions for the principle that his office and his staff 
shall not be influenced in the discharge of their 
responsibilities by national pressure. 

Additional functions also are entrusted to him 
by the Security Council, the Economic and Social 
Council, the Trusteeship Council, and the General 
Assembly. In the performance of their duties, the 
Secretary-General and his staff have the difficult 
role not only of maintaining impartiality, but of 
avoiding even the appearance of partiality. They 
shall not seek nor receive instructions from any 
government or from any other authority external 
to the organization. They shall refrain from any 
action which might reflect upon their position as 
international officials responsible only to the 
organization. 

It is a great pleasure for me to speak of the 
character of this great man. As one who has had 

' Address made before the American Association for the 
United Nations in honor of Trygve Lie, Secretary-General 
of the United Nations on Sept. 29, 1949, and released to the 
press by the U.S. delegation to the General Assembly on 
the same date. 

October 10, 1949 



opportunity to observe him in his achievements, I 
jom this popular organization of the American 
Association for the United Nations in attesting to 
his impartiality, his sound judgment, and his de- 
votion to the great principles of the Charter. 

The General Assembly is expected to be the 
guardian and expounder of the purposes and 
principles of the organization. The Secretary- 
General, under the Charter, has the special duty 
of acting m all meetings of the General Assembly 
as its chief administrative officer. His service 
throughout the brief life of the United Nations 
has been steadily directed by these great lights- 
to maintain peace, to develop friendly relations 
among nations, to achieve cooperation, and to make 
the United Nations a center for harmonizing the 
actions of nations. 

Secretary-General Lie, by deed and by public 
utterances, has been an expounder of principles 
which have been effective to some degree to main- 
tain peace in every dispute and situation that 
might have caused war of international character 
if It had been allowed to continue. These princi- 
ples have prevailed by reason of their intrinsic 
virtue and because of the perseverance of men and 
women in the United Nations in their application. 
They have not been made to prevail by force or by 
threat of force. They have been successful to a 
marked degree notwithstanding the absence of 
sanctions and the lack of peace forces. 

Now, they have not worked perfectly, and the 
structure of the United Nations is not yet com- 
pleted. But under the patient and firm leadership 

543 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



of Secretary-Genenil Lie llie United Nations has 
advanced despite all obstacles, toward the com- 
pletion of its structure and the perfecting of its 
service in maintiiining peace. 

Control of Atomic Energy 

However, I do wish to mention a matter that 
occupies the attention of all people at this very 
moment, namely, the control of atomic energy. 

After nearly 3 years of work, the United Nations 
Atomic Energy Commission developed a plan for 
tlie prohibition of atomic weapons and the inter- 
national control of atomic energy. It provides for 
an international agency which will have power 
adequate to enforce the prohibition of atomic 
weapons while at the same time assuring to all 
nations an equitable distribution of the peaceful 
benefits of atomic energy. The plan was pre- 
sented to the General Assembly at its session in 
Paris last fall. After careful study and exhaus- 
tive debate, 46 nations voted their approval of that 
Elan. The only votes against it were those of the 
oviet Union and the five states then associated 
with it. 

Many of us hoped that this decisive judgment of 
the international community would prove to be a 
decisive step on tlie road toward securing agree- 
ment on an effective and enforceable system of in- 
ternational control. At the very least, we hoped 
that the small minority in opposition would nego- 
tiate on the l)asis of the plan approved by so large 
a majority of the General Assembly. But the rec- 
ord since then has not sustained those hopes. 

The Soviet repi'esentative on the Atomic Energy 
Commission has refused to negotiate except on the 
basis of the Soviet proposals which both the Com- 
mission and the General Assembly found to be 
wholly inadequate, if not dangerous. 

The Soviet plan provides that nations shall con- 
tinue to own explosive atomic materials. The ma- 
ority believes that under such conditions it would 
e impossible to prevent the secret diversion of ex- 
plosive atomic materials into weapons. 

The Soviet plan provides that nations shall con- 
tinue to own, operate, and manage plantsfor mak- 
ing or using atomic materials. The majority be- 
lieves that no system of checking or inspection 
could prevent the secret diversion of explosive 
materials from plants that are nationally owned 
and nationally operated. 

The Soviet plan provides only for periodic in- 
spection that is limited to declared facilities, with 
inspection of secret facilities permitted only when 
there is evidence that such facilities exist. But no 
means are provided for the gathering of such 
evidence. 

The Soviet plan provides that the suggested 



i 



international agency would be required to refer its 
recommendations for action to the Security Coun- 
cil where the power of the veto could be exercised 
upon them. The majority is unable to conceive of 
effective enforcement under such a plan. 

The Soviet representative was unwilling to ne- 
gotiate in the Atomic Energy Commission on the 
basis of anj- but these Soviet proposals which the 
majority found wholly inadequate. 

As a result, the Atomic Energy Commission re- 
ported to the Security Council and General As- 
sembly that it felt unable to do anything practi- 
cable or useful at the Commission level until the 
six powers, namely, Canada, China, France, the 
United Kingdom, the Soviet Union, and the United 
States, have found through consultation that a 
basis for agreement exists. These are the states 
which originally sponsored the Atomic Energy 
Commission. These are the states which, as per- 
manent members of the Security Council, have pri- 
mary responsibility for the maintenance of peace 
and security, plus Canada, which has played a 
leading role in the development of atomic energy. 

The consultations among these six powers are 
now in progress. Their eighth meeting took place 
this very day. Because the group is small, be- 
cause it brings together those on whom responsi- 
bility must weigh most heavily, and because it 
works in private, it is our hope that it will achieve 
better exchange of ideas than is possible in the 
public meetings of the larger Commission. 

I speak not only on behalf of the United States 
policy but I am sure I voice the earnest desire of 
all mankind when I express the hope that the 
Soviet Union, in these new negotiations, will take 
a more realistic approach to this grave problem. 

The United States, from the time of the three- 
power declaration in 1945, has striven for a sys- 
tem of international control of atomic energy 
which would make effective the prohibition of 
atomic weapons. 

The plan approved by the General Assembly ap- 
pears to us to be the only plan yet devised which 
would be likely to prevent atomic war. stop na- 
tional rivalries in atomic materials and weapons, 
and at the same time protect the interests of all 
nations, whether large or small, in the develop- 
ment and equitable distribution of atomic energy 
for peaceful purposes. Xotwithstanding this be- 
lief, we are at all times ready to consider seriously 
and objectively any proposal that is directed to the 
same purpose. 

In awareness of the grave tasks that lie ahead, 
I reassert my faith in the growth and success of 
the United Nations. Its great principles com- 
mand the allegiance of the people of the world. 
In the matter of atomic energy, as in other prob- 
lems which beset the world, no nation can for long 
insist on traditional concepts of national sover- 
eignty when they find themselves opposed to the 
interests of mankind. 



544 



Department of State Bulletin 



INTERNATIONAL ORGANIZATIONS AND CONFERENCES 



U.S. Delegation to the Fourth Regular Session of the 
General Assembly of the United Nations 



Representatives 

Dean G. Acheson, Secretary of State and Chairman of 

delegation 
Warren R. Austin, United States Representative to the 

United Nations and Representative In the Security 

Council, Ambassador 
Philip C. Jessup, Ambassador-at-Large 
Mrs. Franklin I). Roosevelt 
John Sherman Cooper 



Alternate Representatives 

Benjamin V. Cohen 

Charles Fahy 

Wilson M. Compton 

John D. Hickerson, Assistant Secretary for United Nations 

Affairs 
Mrs. Ruth Bryan Rohde 



Advisers 

R. Gordon Arneson, Special Assistant to the Under Sec- 
retary, Department of State 

Harding F. Bancroft, Chief, Division of United Nations 
Political Affairs, Department of State 

Vice Admiral Bernard H. Bieri, United States Navy, 
United States Representative on the Military Staff 
Committee, United States Mission to the United Na- 
tions 

Niles W. Bond, Acting Chief, Northeast Asian Affairs, De- 
partment of State 

Benjamin H. Brown, Chief of Reporting and Documenta- 
tion Division, United States Mission to the United 
Nations. 

Philip M. Burnett, Division of United Nations Economic 
and Social Affairs, Department of State 

John Cabot, Foreign Service Officer, Department of State 

John C. Campbell, Assistant Chief, Division of Southeast 
European Affairs, Department of State 

Edmund H. Kellogg, Division of United Nations Economic 
and Social Affairs, Department of State 

Randolph A. Kidder, Foreign Service Officer, Department 
of State 

Boris H. Klesson, Division of Research for Europe, De- 
partment of State 

October 10, 1949 



Samuel K. C. Kopper, Special Assistant to the Assistant 

Secretary, Office of Near Eastern and African Affairs, 

Department of State 
Edward P. Maffitt, Foreign Service Officer, Adviser, United 

States Mission to the United Nations 
John Maktos, Assistant Legal Adviser for International 

Organization Affairs, Department of State 
Leonard C. Meeker, Office of the Assistant Legal Adviser 

for Political Affairs, Department of State 
Frank C. Nash, Deputy United States Representative on 

the Commission for Conventional Armaments, United 

States Mission to the United Nations 
Harley A. Notter, Adviser to the Assistant Secretary for 

United Nations Affairs, Department of State 
Charles P. Noyes, Deputy United States Representative 

on the Interim Committee, United States Mission to 

the United Nations 
Frederick H. Osborn, Deputy United States Representative 

on the Atomic Energy Commission, United States 

Mission to the United Nations 
George H. Owen, Division of North and West Coast Affairs, 

Department of State 
A. Ogden Pierrot, Foreign Service Officer, Department of 

State 
David H. Popper, Assistant Chief, Division of United Na- 
tions Political Affairs, Department of State 
G. Hayden Raynor, Special Assistant to the Assistant 

Secretary for European Affairs, Department of State 
John C. Ross, Deputy to the United States Representative 

to the United Nations, United States Mission to the 

United Nations 
Charles Runyon, Office of the Assistant Legal Adviser for 

Economic Affairs, Department of State 
William B. Sale, Division of Southwest European Affairs, 

Department of State 
Joseph W. Scott, Office of European Affairs, Department 

of State 
William I. Cargo, Assistant Chief, Division of Dependent 

Area Affairs, Department of State 
Lewis Clark, Foreign Service Officer, Department of State 
Dr. Frank P. Corrigan, Adviser, United States Mission 

to the United Nations 
Boyd Crawford, Clerk and Administrative Officer, House 

Committee on Foreign Affairs, United States Congress 
Lt. Gen. W. D. Crittenberger, United States Army, United 

States Representative on the Military Staff Commit- 
tee, United States Mission to the United Nations 
Samuel De Palma, Division of United Nations Economic 

and Social Affairs, Department of State 

545 



INTERNATIONAL ORGANIZATIONS AND CONFERE 



NCES 



Continued 



John ('. Dreier. Cliief, Division of Special Inter-American 

Affairs, I>epartment of State 
Gerald Drew, Foreign Service Officer, Department of State 
Eawmd Freeis, FoifiRii Service Ollicer, Adviser. I'liiteU 

States Mission to the I'nited Nations 
David M. French. International Administration Staff, De- 
partment of State 
Benjauiin (>. Ccrik'. I>fpMt.v United States Representative 
in tlie Trusteeship Coum'il. Chief. Division of De- 
pendent Area Affairs. Department of State 
J().s<'ph H. Greene, Jr., Foreign Service Officer, Department 

of Slate 
John B Halderman, Assistant Chief, Division of United 

Nations l"<.liti<"il Affairs. Department of State 
William O. Hall. Director, OfBce of Management and 

Budget. Deiiartinent of State 
Haldare Hanson. Executive Director. Interdepartmental 
Committee on Scientific and Cultural Cooperation, 
Department of State , 

Lt Gen II R. Harmon, United States Air Force. United 
States Representative on the Military Staff Commit- 
tee, United States Mission to the United Nations 
Harry N. Howard, Division of Greelc, Turkish and Iranian 

Affairs. l)epartnient of State 
James N. Hyde. Adviser, United States Mission to the 

United Nations 
Louis K. Hyde, Jr., Adviser, United States Mission to the 
United Nations , ^. . . , 

Joseph S. Sparks. Acting Assistant Chief, Division of 

South Asian Affairs. Department of State 
Eric Stein. Division of United Nations PoUtical Affairs, 

Department of State 
Lerov D Stinebower. Deputy United States Representa- 
tive in the Economic and Social Council. Special 
Assistant to the Assistant Secretary for I->couomic 
Affairs, Department of State 
Jack B. Tate. Legal Adviser to the Delegation. Deputy 

Legal Adviser, Department of State 
Paul B. Taylor, Division of United Nations PoUtical Affairs 
Department of State , ,. . 

John E. Utter, Foreign Service Officer, Department of 

State 
David M Wainhouse, Associate Chief. Division of United 

Nations Political Affairs. Department of State 
H. Bartlett Wells, Foreign Service Officer, Department 

of State 
Francis G. Wilcox, Chief of Staff, Senate Committee on 

Foreign Relations. United States Congress. 
Fraser Wilkins. Assistant Chief, Division of Near Eastern 

Affairs. Department of State 
Charles Yost, Special Assistant to the Ambassador-at- 
Large, Department of State 

Principal Executive Officer 

David II. Popper. Assistant Chief. Division of United 
Nations Political Affairs, Department of State 

AssistantK 

Elizabeth A. Brown, International Administration Staff. 
Department of State o. «■ t^ 

Betty C. Gough. International Administration Staff, De- 
partment of State 



Assistants to Representatives 



Lucius Battle. Special Assislaiil lo the Secretary, Depart- 
ment of State , ,,.. 1. 

William H. A. Mills. Spe.ial Assistant to the United States 
Representative to the United Nations. United States 
Mission to the United Nations 

Neil Potter, Assistant to Mr. Coinpton 

546 



Josephine V. Thompson, Assistant to the United States 
Repre.sentative to the United Nations, United States 
Mission to the United Nations 

Malvina Tliomi>son, A.ssistant to Mrs. Roosevelt 

Secretary-General 

Richard S. Winslow, Secretary-General, United States 
Mission to the United Nations. 

Deputy Secretary-General 

Thomas F. Power, Jr., Deputy Secretary-General, United 
States Mission to the United Nations 

Special Assistants 

Albert F. Bender. Jr., Special Assistant to the Secretary- 
General, United States Mission to the United Nations 

Lee B. Blanchard. Special Assistant to the Secretary- 
General. United States Mission to the United Nations 

Information Officer 

Porter McKeever, Public Information Adviser, United 
States Mission to the United Nations 

Assistants 

Arthur Kaufman. Division of International Broadcasting, 

Department of State 
Frederick T. Rope, United States Mission to the United 

Nations 
Mrs. Jeanne Singer, United States Mission to the United 

Nations 
Marshall D. Shulman, United States Mission to the 

United Nations 
Gilbert W. Stewart, United States Mission to the United 

Nations 
Chester S. Williams, United States Mission to the United 

Nations 



Senate Confirms Nominations 
of U.N. Representatives 

Unesco 

On Septembr 21. 1949. the Senate eontirnied the following 
nominations to be representatives of the United States of 
America to the fourth session of the General Conference 
of the United Nations Educational, Scientific and Cultural 
Organization : 

George V. Allen Miss Martha B. Lucas 

Milton S. Eisenhower Reinhold Niebuhr 

Luther H. Evans 

General Assembly 

On September 26, 1949, the Senate confirmed the follow- 
ing nominations to offices in the United Nations : 

Representatives of the United States of America to the 
fourth session of the General Assembly of the United 
Nations : 

Warren R. Austin Mrs. Anna Eleanor Roosevelt 

Philip C. Jessup -Tohn Sherman Cooper 

Alternate representatives of the United States of America 
to the fourth session of the (Jeneral Assembly of the United 
Nations: 

Wilson M. Compton Charles Fahy 

Benjamin V. Cohen John D. Hickerson 

Mrs. Ruth Rohde 



Deparfment of State Bulletin 



U. S. Delegations to International Conferences 



Fourth Session of South Pacific Commission 

The Department of State announced on Sep- 
tember 28 the United States delegation to the 
fourth session of the South Pacific Commission, 
scheduled to be held at Noumea, New Caledonia, 
October 22-November 5, 1949. The United States 
delegation is as follows : 

Acting Senior Commissioner 

Milton Slialleck, attorney, New York, New York 

Acting Commissioner 

Orsen N. Nielsen, American consul general, Sydney, 
Australia 

Advisers 

Edna H. Barr, Division of Dependent Area Affairs, De- 
partment of State 

Windsor G. Hackler. Division of Dependent Area Affairs, 
Department of State 

Claude G. Ross, American consul, Noumea, New 
Caledonia, Dr. Felix M. Keesing, professor of an- 
thropology' at Stanford University and regular 
United States senior commissioner, and Dr. Karl 
C. Leebrick, vice president of the University of 
Hawaii and regular United States alternate com- 
missioner, are unable to attend the fourth session. 
Mr. Shalleck, regular commissioner, and Mr. Niel- 
sen, i-egular alternate commissioner, will partici- 
pate as acting senior commissioner and acting 
commissioner resj^ectively. 

The major items on the provisional agenda for 
the fourth session of the Commission include: (1) 
approval of the annual budget; (2) implementa- 
tion of the Commission's work program; (3) the 
appointment of associate members and arrange- 
ments for the second meeting of the South Pacific 
Research Council (a subsidiary body of the Com- 
mission) ; (4) study of a technical assistance pro- 
gram for underdeveloped areas; and (5) arrange- 
ments for the South Pacific Conference which is to 
be held at Suva, Fiji Islands in April 1950. 

The South Pacific Commission was established 
in May 1948, as a regional advisory and consulta- 
tive body on social and economic matters to the 
Governments of Australia, France, the Nether- 

Ocfober JO, 7949 



lands. New Zealand, the United Kingdom, and the 
United States. The territorial scope of the Com- 
mission comprises 15 non-self-governing terri- 
tories in the Pacific Ocean which are administered 
by these participating governments and which lie 
wholly or in part south of the Equator and east 
from and including Netherlands New Guinea. 
The Commission is designed to encourage and to 
strengthen international cooperation in advancing 
the economic and social rights of the inhabitant's 
of these territories. The third session was held in 
May 1949 at Noumea, the headquarters of the 
group. 



!RO: Sixth Session of Executive Committee and 
Fourth Session of General Council 

The Department of State announced on Septem- 
ber 30 that the President has appointed George 
L. Warren, Adviser on Refugees and Displaced 
Persons, Department of State, as United States 
Representative to the Sixth Session of the Execu- 
tive Committee and the Fourth Session of the 
General Council of the International Refugee 
Organization ( Iro ) . Appointed as alternate rep- 
resentative was Alvin J. Roseman, United States 
representative for Specialized Agency Affairs at 
Geneva. The meetings are scheduled to convene 
at Geneva, October 6 and 11, respectively. 

The following have been named by the Depart- 
ment of State to serve as advisers on the United 
States delegation: 

Col. H. T. Brotlierton, United States Forces, Austria, 

Vienna, Austria 
Ugo Carusi, Chairman, United States Displaced Persons 

Commission 
Erie M. Hughes, Headquarters. European Command for 

the Commander-in-Chief, Heidelberg, Germany 
Paul J. McCormack, Headquarters, European Command 

for the Commander-in-Chief, Heidelberg, Germany 

The purpose of these meetings is to finalize de- 
cisions made by the Council at its meeting in June 
with respect to the completion of the Iro program 
and the termination of Iro services on the target 
date of June 30, 1950, or as soon thereafter as 
possible. 

547 



THE RECORD OF THE WEEK 



Reciprocal Trade Agreements Extension Act Approved 



Statement hy the President 

[Released to the press 

hy the White House September 26] 

I have today approved the Reciprocal Trade 
Agreements Extension Act of 10-19, which extends 
until 1951 our trade-agreement program, free of 
the crippling restrictions imposed on it in 19-48 
by the 80th Congress. Through this wise and far- 
seeing legislation, the United States reaffirms its 
intention of pressing forward toward expanded 
world trade at a time when such action is most 
urgently needed. 

In the first phase of our postwar foreign eco- 
nomic policy, we gave our primary attention to re- 
storing the productive capacity of our friendly 
neighbors in the world connnunity. In this task 
we nave already gone a long way. But the proc- 
ess of postwar readjustment brought an inevi- 
table growth of restrictive trade and financial 
measures throughout the world. We cannot per- 
mit these barriers to remain and thus stifle a pro- 
gressive rise in standards of livin<j throughout the 
world, wliicli would provide our best insurance of 
a peaceful future. 

As we have carried out temporary programs of 
financial assistance, we have increasingly sought 
adjustments tending to break down artificial trade 
barriers and to lead toward the reestablishment of 
expanding and competitive world trade, the per- 
manent objective of our international commercial 
policy. We envisage a reestablishment of eco- 
nomic balance in the world which will permit our 
neighbors now receiving our assistance m securiiig 
needed imports to become self-supporting through 
a liberal expansion of the international exchange 
of goods in competitive workl markets. Only in 
such a world economy can we foresee the mainte- 
nance of adequate and rising standards of living 
when our programs of financial assistance ter- 
minate. 

548 



Earlier this month, representatives of our gov- 
ernment came to agreement in Washington with 
British and Canadian representatives on certain 
courses of action which will be of considerable im- 
mediate assistance in easing international financial 
mahxdjustments. But it was recognized by all 
tliat further steps are needed to open the way for 
the sound expansion of international trade so es- 
sential to a histing solution of basic international 
economic maladjustments. From the long-range 
stand])oint, it is clear that only bj' a large expan- 
sion of our purchases of foreign goods will the 
needed readjustment in international economic 
relations be possible, on a basis consistent with a 
liberal world-trading system, and the richer world 
it offers. AVe must reduce our own barriers, wher- 
ever ]>ossible, to permit our people the freest access 
to the foreign goods they may want to buy. The 
maintenance and tiie enlargement of our export 
markets are imj^ossible without a substantial ex- 
2)aiision of our imports. As the world's greatest 
creditor nation, it is our special responsibility to 
welcome imports. 

Under the Reciprocal Trade Agreements Act, 
we negotiated and put into etl'ect ■! years ago the 
General Agreement on Tariffs and Trade, a com- 
prehensive agi-eement by 23 countries for the re- 
duction of tariffs, and other trade barriers. By 
this agreement, we made substantial reductions in 
our tariffs in return for commensurate tariff con- 
cessions by the other 22 countries. In the past 
several months the countries whicli are now parties 
to the (leneral Agreement have been negotiating 
with 10 additional countries at Annecy, France. 
The enactment of the Traile Agreements Extension 
Act of 1949 will make possible the early conclusion 
of these negotiations and the accession of these 
additional countries to the General Agreement. 
Thirty-three countries carrying on approximately 
80 percent of the world's trade will then be parties 
to a mutual undertaking to reduce trade barriers 
and expand international commerce. Beyond com- 

Deparfmenf of Sfafe Bulletin 



THE RECORD OF THE WEEK 



Continued 



pleting the Annecy negotiations, I intend to use 
the authority given me by this legislation to pro- 
ceed with negotiations under the General Agree- 
ment to make it an even more effective document. 
The Trade Agreements program has been carried 
forward by this government since 1934 under au- 
thority of a series of temporary enactments. A 
year and a half ago, we completed, with representa- 
tive of over 50 other countries, a text of a perma- 
nent charter for an International Trade Organiza- 
tion, which will carry forward and elaborate the 
principles underlying the Reciprocal Trade pro- 
gram into a permanent world economic policy. 
I have placed the charter before the Congress and 
urged our adherence. Prompt action by the Con- 
gress to carry out this recommendation will con- 
stitute the firmest assurance to the world that the 
United States recognizes its position of world 
economic leadership and is prepared to do its share 
in reestablishing world economic relations on a 
sound competitive basis for the mutual well-being 
of all peoples. 



Statement hy Secretary Acheson 
[Released to the press September 27] 

Yesterday the President signed the Trade 
Agreements Extension Act of 1949 which extends 
his authority to enter into trade agreements with 
other countries. This Congressional action is of 
the greatest importance in expanding world trade. 
We can now conclude the trade agreements nego- 
tiated this summer at Annecy and continue negoti- 
ation of further trade agreements. It comes at 
a time when the need for expanded world trade 
is more evident than ever before. It shows the 
world that the United States is prepared to play 
its full part in putting world trade on a sound 
competitive basis. That basis includes substan- 
tial exports from the United States, but it must 
also include the increased imports into the United 
States which alone can make such exports possible. 

I hope that we may now accept membership in 
the International Trade Organization so that this 
organization may be promj^tly established, and the 
member nations can begin to work more effectively 
together under agreed rules to solve the difficult 
trade problems which confront us all. 



House Hearings on Point 4 Legislation 



Statement hy Acting Secretary Webb ^ 



Mr. Chairman, and Members of the Commit- 
tee: The Secretary of State, Mr. Acheson, had 
expected to present the views of the Department 
on H. R. 5615, which is entitled "A bill to pro- 
mote the foreign policy of the United States and 
to authorize participation in a cooperative en- 
deavor for assistance in the development of eco- 
nomically underdeveloped areas of the world." 
He was deeply disappointed when he found he 
could not be here today, because he considers this 
legislation of vital importance and deep signifi- 
cance. So does the President, who described it in 
these words : "We must embark on a bold new pro- 
gram for making the benefits of our scientific 
advances and our industrial progress available for 
the improvement and growth of underdeveloped 
areas. ... we should make available to peace- 
loving peoples the benefits of our store of technical 
knowledge in order to help them realize their 
aspirations for a better life. And, in cooperation 
with other nations, we should foster capital in- 
vestment in areas needing development. Our aim 

* Made before the House Foreign Affairs Committee on 
Sept. 27, 1949, and released to the press on the same date. 



should be to help the free peoples of the world, 
through their own efforts, to produce more food, 
more clothing, more materials for housing, and 
more mechanical power to lighten their burdens." 
As this Committee so well understands, the prin- 
cipal objective of United States foreign policy 
today is the establishment of conditions through- 
out the world which will permit us, along with 
others, to enjoy security against external aggres- 
sion, to preserve and strengthen the concept of the 
dignity and freedom of the individual, and to par- 
ticipate in a prosperous and expanding world econ- 
omy. We Americans have adopted a number of 
policies and programs in recent years which are 
designed to enable us in various ways to advance 
toward this objective. Some of these are pri- 
marily in the political field, some are primarily 
military, and others are economic in nature. They 
are all, however, closely inter-related and in most 
cases mutually supporting. The new program 
which you are considering today was advanced by 
the President in the words which I have quoted as 
the fourth foreign policy point of his inaugural 
address last January. It also is designed as a 
major step toward accomplishing our objective of 



Ocfober JO, 1949 



549 



THE RECORD OF THE WEEK 



Continued 



Stable world conditions. It shoidd be noted that 
the program divides itself into two parts. One 
part relates to the elimination of those uncertain- 
ties which retard the flow of investment capital 
into underdevelcjped areas, and is now uiuler study 
by the Banking and Currency Committees of both 
the House of Representatives and the Senate. The 
second part relates largely to the cooperative ex- 
change and supply of technical assistance to these 
areas, and is the basis for the legislation before 
you today. 

In youi' consideration of this legislation, I be- 
lieve tlie following facts are pertinent: 

Two-thirds of the world's population live in 
tinderdeveloped areas. For these hundreds of 
millions of people, economic conditions contrast 
startlingl}' with those in the more economically ad- 
vanced countries. The average per capita income 
of these people is le.ss than $100 a year. Their life 
expectancy is some thirty years, or about one-half 
that in more advanced countries. The incidence 
of disease is several times greater. Their food 
supply so meagerly covers their bare subsistence 
needs, that malnutrition is widespread and actual 
famine is a constant threat. 

The people in the undei-developed areas are in- 
creasingly aware of the possibilities for human 
advancement through modern technology and eco- 
nomic organization. They have strong aspira- 
tions for a better life. They are increasing their 
pressure on their own govoi'nments and in inter- 
national organizations, for action in the political, 
social, and economic fields to improve the condi- 
tions under which they live. The General Assem- 
bly of the United Nations, the Economic and So- 
cial Council, and the api)ropriate specialized agen- 
cies have recently been giving greater attention to 
the insistent appeals for action in the field of eco- 
nomic development. 

There are many reasons why the United States 
should participate in a cooperative effort to supply 
part of the assistance needed. Our people have 
traditionally shown a spirit of friendliness and 
neighi)orliness toward other peoples. This pro- 
gram gives us a uniijue opportunity to make avail- 
able to those peoples wlio seek them, and without 
loss to ourselves, the scientific and technical skills 
which have flourished here and helped to build oui- 
strong democratic institutions. 

It is imjiortant to us, and to the rest of the 
world, that people in these areas realize that 
through perseverance, hard work, and a little as- 
sistance, they can develop the means for taking 
care of their material needs and at the same time 
can preserve and strengthen their individual free- 
doms. Democracy is most secure where economic 
conditions are sound. In the interests of world 
security, as well as world progress, this coopera- 

550 



five technical assistance program holds out great 
promise. 

Another result expected of the program is the 
strengthening of the United Nations. It is to the 
United Nations and its specialized agencies that 
many of the underdeveloped countries are looking 
for leadershi]) and a.ssistance. The handling of 
large parts of this ])rogram through the United 
Nations will strengthen its influence and increase 
its ability to solve other international problems. 

There also are many practical economic benefits 
which will accrue generally from the development 
of these areas. The flow of capital investment from 
this country will make available dollars which will 
be spent here largely for the purchase of capital 
goocls and equipment. This will be more and more 
important as our programs of emergency foreign 
aid decline. 

In addition to the flow of exports attributable 
directly to the investment process, the develop- 
ment of productive facilities in these areas will 
itself have a stimulating and beneficial effect on 
world trade. These areas cannot acquire the nec- 
essary foreign exchange with which to increase 
their purchases abroad, in the absence of foreign 
credits or grants, unless they increase their own 
productive capacity and consequent abilitj' to ex- 
port. As the productive capacity of these areas 
is increased, international trade will expand and 
achieve a better balance. We and other exporting 
countries will be able to share in a constantly in- 
creasing volume of trade. 

Our own economy and those of many of the 
more developed countries are dependent upon the 
import of many basic minerals and raw materials. 
The present sources of a number of these commodi- 
ties are limited and in some cases are approaching 
exhaustion. The underdeveloped areas have addi- 
tional sources of supply which, with technical 
assistance under this program, they would be able 
to develop. The development of such sources 
would be of general benefit by increasing the 
world's supply of important materials and at the 
same time expanding the purchasing power of the 
countries of origin. 

We all know that the success of the European 
Recovery Program depends to a great extent upon 
the opening up of greater markets for European 
exports ancl at the same time upon the develop- 
ment of more extensive sources of supply of min- 
erals, raw nuiterials. and other products needed 
by European countries. 

In essence the program laid down by the Presi- 
dent as his 4th point of foreign policy involves a 
cooperative effort with other interested nations to 
excliangc technical knowledge and skills and to 
foster the international flow of capital investment. 
The cost to the Government of such a program is 
very small when we consider the large benefits 
which it will produce. The exchange of persons 
and ideas does not require heavy expenditures as 
do supply programs. Moreover, technical knowl- 

Department of Sfofe Bulletin 



THE RECORD OF THE WEEK 



Continued 



edge and skills can be shared without loss to those 
who now possess them. In fact, those who do share 
them will themselves learn much through seeing 
how they can be adapted to different conditions 
and through learning about the skills developed in 
other parts of the world. The necessary capital 
equipment can in large part be procured without 
the use of Government funds, if efforts to stimulate 
the flow of private investment are successful. 

The idea of exchanging knowledge and skills 
is not new. We have been participating with other 
nations in such programs for years. Educational 
institutions, missionary groups, and a large num- 
ber of other private agencies have long been en- 
gaged in such activities. Participation by the 
Government in activities of this type has been 
fostered and coordinated by the Interdepartmental 
Committee for Scientific and Cultural Coopera- 
tion for more than ten years. Under the Smith- 
Mundt Act and Fulbright Act, citizens of other 
countries have been coming here and our citizens 
have gone to other countries, under government 
auspices, both to learn and to teach. Of particu- 
lar significance in this field were programs initiated 
during the war through the Coordinator of Inter- 
American Affairs. The United Nations, its re- 
lated specialized agencies, and other international 
organizations also have been active in helping to 
develop and impart useful techniques. The new 
and essential factor in the present proposal is its 
emphasis on the great importance of economic 
development in underdeveloped areas and on the 
concept of an expanded and coordinated approach 
to the stimulating of technological exchange and 
capital investment. 

Point 4 generally has been received abroad with 
great enthusiasm. A basic element of the pro- 
posal is that wherever practicable, programs shall 
be carried out through the United Nations and 
other international agencies. It will be our policy 
to participate in programs only where they are 
initiated and approved by the governments con- 
cerned. The initiative and the greater part of the 
work of planning and carrying forward programs 
of economic development must come from the 
underdeveloped areas themselves. We and the 
international agencies can help, but we cannot 
and should not assume the primary responsibility. 

It is intended that the technical assistance pro- 
grams in which the United States Government 
participates without the assistance of other inter- 
national organizations shall be carried on for the 
most part by the appropriate agencies of the Gov- 
ernment rather than by the State Department. 
One of the most important aims of the proposed 
program is to integrate closely and maintain a 
proper balance among various types of develop- 
ment projects. For example, no gain would be 
achieved if agricultural production in a certain 

Ocfober JO, 1949 



area were increased but no transportation facili- 
ties were developed in order to take the food to 
market. It is considered essential for the success 
of the effort that there be adequate coordination 
of the development of programs to be undertaken 
by the United States Government in cooperation 
with other countries and that these programs be 
related specifically to those of the international 
agencies. It is contemplated, therefore, that the 
President will delegate to the Secretary of State 
authority for exercising general direction over and 
coordination of activities on behalf of the United 
States. As a member of the National Advisoi-y 
Council he will work with the Treasury Depart- 
ment and other governmental agencies concerned 
with the capital investment aspects of the program 
and can relate technical cooperation activities to 
our efforts to stimulate the flow of capital. 

It is anticipated that in technical cooperation as 
well as investment, private organizations will play 
a major role. These organizations, both profit 
and nonprofit, possess vast stores of knowledge 
and skill and the ability to teach them to others. 
Every effort will be put forth to obtain extensive 
participation by nongovernmental organizations. 

Although the bill which is before you makes a 
general declaration of policy on the part of the 
United States to promote the development of eco- 
nomically underdeveloped areas of the world, the 
activities specifically authorized are limited to the 
technical cooperation aspects of the program. 
However, technical knowledge and skills must be 
combined with new capital investment if maxi- 
mum results are to be achieved. Even though 
savings are relatively low in underdeveloped coun- 
tries, we anticipate that a large part of the 
financing of new capital needed will be obtained 
in those countries themselves. Most developmen- 
tal projects involve a large element of local re- 
sources and labor which cannot be effectively 
introduced from outside. Furthermore it would 
not seem wise from the standpoint either of the 
borrower or of the lender to encourage the forma- 
tion of too heavy an external debt by these coun- 
tries. It is hoped that technical assistance can be 
given where needed to help them channel domestic 
savings into productive enterprises. 

However, a substantial amount of foreign capi- 
tal also will be needed. Major emphasis in the 
program is placed upon stimulating an increased 
flow of private investment to the underdeveloped 
areas, although it is recognized that private capital 
may not be available for certain types of projects 
such as public utilities, transportation and com- 
munications, and that public loans will therefore 
be I'equired. To supply such funds the Inter- 
national Bank is of course available for sound 
loans for developmental purposes. We anticipate 
that the Bank will play an increasingly important 
role in making loans for developmental projects 
for which private capital is not available. In 
many cases, the establishment of basic public serv- 

551 



THE RECORD OF THE WEEK 



Continued 



ices and facilities through such loans is essential 
before private enterprises can be established. The 
Export-Import Bank will also contiiuie to make 
loans to foreign countries for developmental 
purposes. 

The stimulating of private investment not only 
opens up potentially large sources of capital be- 
yond that which can be made available through 
public agencies but also has the advantage that 
private investors bring with their investment an 
incentive and "know how" for securing the most 
effective use of the facilities developed. 

Our citizens are likel}' to invest abroad only 
when they feel that tliere is an opportunity for a 
reasonable return on their investment and that the 
risks involved are not excessive in comparison with 
similar investments in this country. The assur- 
ances which are needed cannot be obtained through 
one device alone. Cooperative efforts on the part 
of capital exporting nations and of the under- 
developed countries is needed. We have explored 
a number of possible metliods of approach and 
have developed several which should be helpful. 
We propose to familiarize prospective investors 
with investment opportunities in the underdevel- 
oped areas by expanding existing facilities for 
disseminating information on economic conditions 
generally and on specific opportunities for invest- 
ment in those areas. Technical assistance itself, 
by making available a healthier and better trained 
force of workers, and helping to establish more 
effective government and business practices in 
underdeveloped areas, opens the way for private 
investment. 

Two general lines of action are now contem- 
plated to reduce the risks not ordinarily encoun- 
tered in a business enterprise at home, although 
as the result of experience and further study, other 
measures may be devised. As a matter of particu- 
lar significance, we propose to intensify our efforts 
to secure treaties with other countries which will 
give greater confidence to investors. These pro- 
posed treaties will seek to secure assurance of 
nondiscriminatory, reasonable, fair, and equitable 
treatment for our investors, no less favorable than 
that accorded to the nationals of other countries. 
Assurances also are sought of reasonable freedom 
to operate, control, and manage enterprises and 
of prompt, adequate, and effective compensation 
in the event of the expropi-iation of the investor's 
property. The treaties deal also with the ability 



of an investor to withdraw earnings and capital 
investment. They attempt to limit the conditions 
under which exchange restrictions may be imposed 
on such withdrawals. 

Although these treaties should do much to en- 
courage investment, they can be only a partial 
solution of the problem. Some of the risks in- 
volved, such as the possible inability of the investor 
to convert the proceeds of his investment into 
dollars, stem from difficulties which foreign gov- 
ernments may not be able to control despite tneir 
most sincere efforts to do so. It is proposed, there- 
fore, that the Export-Import Bank be authorized 
to guarantee United States private capital newly 
invested in productive enterprises abroad against 
risks peculiar to foreign investment. Hearings 
have been held before both the Senate and the 
House Banking and Currency Committees on 
legislation for this purpose. 

Wliile we understand that an investor must 
insist on certain assurances before risking his 
money abroad, at the same time we recognize that 
the underdeveloped countries on their part have 
the right to expect that foreign enterprises will 
be so conducted as to benefit the area whose re- 
sources and labor are involved. Foreign invest- 
ment like domestic investment should be prepared 
to bear its fair share of local taxes, shouki provide 
adequate wages and working conditions for local 
labor, should not waste local resources — should, 
in short, maintain the same standards of conduct; 
which enlightened business is following here at 
home. 

In conclusion, Mr. Chairman. I should like to 
say that the President's challenging proposal for 
helping the masses of people of the world to im- 
prove their living conditions has aroused great in- 
terest, great enthusiasm, and great hope through- 
out the world. There already is evidence that 
many people in many countries have been quick 
to grasp its implications and its potentialities. 
As the originators of the proposal, we in the United 
States are being looked to for constructive lead- 
ership in carrying it forward. The technical co- 
ojjcration activities authorized in the bill before 
you are basic to the orderly and rapid process of 
economic development. Although the program 
recommended is modest, it marks the beginning of 
a movement that can reach far into the future and 
ill time change civilization profoundly for the bet- 
ter. It is not charity. It is an enlightened, busi- 
nesslike attempt to solve one of the most crucial 
problems with which our world is confronted. 

I urgently recommend your favorable action on 
the proposed legislation. 



552 



Department of State Bulletin 



Position on Claims of Sabalo Transportation Company 
Against Mexican Government 



ANSWER TO CHARGES OF REPRESENTATIVE WOLVERTON 
AGAINST ASSISTANT SECRETARY MILLER 



Released to the press September 28 



The following letter to Representative John 
Kee, Chairman of the Committee on Foreign Af- 
fairs, is in response to his request for information 
on the charges made by Representative Wolverton 
against Assistant Secretary Edward G. Miller. 
Mr. Wolverton''s remarks have been reported in the 
press in the United States and Mexico. 



September 16, 1949 

Mt dear Mr. Kee : I appreciate your concern, 
as expressed in your letter of September 14, about 
the remarks made in the House on August 26 in 
regard to Assistant Secretary Edward G. Miller, 
Jr. 

In Eepresentative Wolverton's remarks as re- 
ported in the Congressional Record of August 26, 
1949, under the caption "Case of Mexican Oil 
Development" he referred to the fact that the law 
firm of Sullivan and Cromwell, of which Mr. Miller 
had been a member, had acted as counsel to Sabalo 
Transportation Company in connection with the 
latter's claim against the Mexican Government 
and that this firm had made representations to the 
Committee on Interstate and Foreign Commerce 
of the House of Kepresentatives with respect to 
this claim. He also made a statement to the effect 
that shortly after Mr. Miller was sworn in as 
Assistant Secretary of State, a document was 
transmitted to Mexico setting forth the conditions 
under which the United States Government would 
proceed in the matter of an oil loan to Petroleos 
Mexicanos. He then stilted: "There may be no 
connection between the events that I have stated, 
but it is interesting to note that although months 
elapsed without any formal answer being made to 
Mexico, that an answer was made so shortly after 
the appointment of Mr. Miller to the post of As- 
sistant Secretary in Charge of Latin American 
Affairs." 

October 10, 1949 



The implication that Mr. Miller has not acted 
properly in this matter is fully refuted by the facts. 
Mr. Miller had been until his nomination for the 
position of Assistant Secretary of State on May 
27, 1949, a member of the law firm of Sullivan & 
Cromwell, New York. I understand that his firm 
was retained by the Sabalo Company in early 
1948 as counsel to present its claim against the 
Mexican Government to the Department of State. 
This Department and the American Embassy in 
Mexico City have for many years been aware of 
the circumstances whereby the Mexican Govern- 
ment as early as 1937, and prior to the expropria- 
tion decree of 1938, interfered with the exploita- 
tion by the Sabalo Company of valuable oil rights 
of Sabalo in the Poza Kica field. Although you 
will appreciate that I personally have not fol- 
lowed the Sabalo matter at first hand, the following 
represents in substance my understanding of the 
background of the case. 

The Sabalo Company (which I understand is 
wholly owned by United States citizens), begin- 
ning in 1937, endeavored to obtain redress agamst 
the Mexican Government through legal proceed- 
ings for the violation of its contractual rights. 
After the matter had been pending without action 
in the Supreme Court of Mexico for many years, 
the Company through its legal counsel presented 
its claim to the Department based on a denial of 
justice. This department agreed that a denial of 
justice had occurred and also agreed that the 
Sabalo Company had a legally valid claim against 
the Mexican Government. As early as April 
1948 the Department instructed the American Em- 
bassy at Mexico to make official representations 
about the matter to the Mexican Government. 
These representations were met with the assertion 
on the part of the Mexican Foreign Office that the 
claim of the Sabalo Company had been expropri- 
ated by the 1938 expropriation decree. This con- 
tention which had also been made by Pemex in 

553 



THE RECORD OF THE WEEK 



Continued 



defending Sabalo's Iiiw suit, was finally rejected 
when the Supreme Court of Mexico eventually 
made an interim decision in tlie case last February 
when the Court also upheld the contention of 
Sabalo that the Mexican ])i'tro]eum laws did not 
f^rant Pcniex a monopoly in the petroleum indus- 
try. No further action in tliis case lias been taken 
by the Mexican Supreme Court althoujfjh the De- 
partment is infoi-mcd tluit recently (but prior to 
Mr. Miller's nomination) the executive branch of 
tlie Alexican Government has expressed its willing- 
ness to commence discussions with Sabalo looking 
to a settlement of the case. 

In addition, there are a number of smaller claims 
of American nationals, i)rimarily for royalties, 
which have been pending against the Mexican 
G(jvermnent for many years and which this De- 
partment felt should ])roperly be referred to be- 
fore any final position could be taken on the appli- 
cation of Pemex for financial assistance. 

When the Sabalo Company learned of the pro- 
posed discussions with the ]\Iexican Government 
concerning tlie ))ossibility of financial assistance. 
it took the position with tliis Department that no 
sucli financial assistance should be granted except 
on terms that would in-otect the rights of bona 
fide American claimants against the Mexican Gov- 
ernment in the petroleum industry. After con- 
sidering these representations on the part of Sa- 
balo and having in mind the position of the other 
American claimants against Mexico in the petro- 
leum industry, this Dejiartment through Assistant 
Secretary of State Thorp and other officers men- 
tioned several times informally to Senator Ber- 
mudez the matter of claims, pointing out that the 
fairness of the treatment which the Mexican Gov- 
ernment might accord to private American claim- 
ants in the petroleum industry was one of the 
elements which this Government would take into 
account in evaluating the good faitli of the Mexi- 
can Government in its efforts to create a satisfac- 
tory atmos])liei'e toward ])rivate capital. There 
representations were made long before IVfr. Miller 
was nominated or took office and, so far as this 
Department is aware, Senator Bermudez never 
objected to the action of the Department in bring- 
ing uj) tlie matter of claims during the loan dis- 
cussions. The Department has not at any time, 
however, taken tlie position that the settlement 
of claims was a condition precedent to the grant- 
ing of financial assistance. On the other hand, 
the officers of this Dejiartment were, in my opin- 
ion, entirely justified in having brought up during 
the loan discussions the subject of unsettled private 
claims in the petroleum industry since this Gov- 
ernment might open itself to severe criticism if 
it should aid with jjublic funds a foreign govern- 
ment to develop an industry in wddch the rights 
of our nationals are disregarded by such foreign 

554 



government. Furthermore, the suspension of the 
loan discussions on the part of the Mexican Gov- 
ei-nment appears to have been related entirely to 
(piestions other than the settlement of private 
claims and we are still hopeful of reaching agree- 
ment with Mexico on tlie basis of which it will be 
j)ossible for us to aid the Mexican oil industry 
financially. 

On May 28, 1949, Mr. Miller was nominated for 
Assistant Secretary, it Ijeing my intention at that 
time to designate him, as I subseijuently did, to be 
in charge of American Rcpuldic Affaii-s. He is a 
l)erson of outstandingqualilications in liisfield and 
in both i)ublic and [jrivate life has earned the 
respect of Latin Americans throughout the Hemi- 
sphere. Prior to accepting this nomination, Mr. 
Miller discussed with officere of the Department, 
including the Under Secretary, his private connec- 
tions, including his firm's representation of the 
Sabalo Company, and we decided that these con- 
nections did not "disqualify Mr. Miller from accept- 
ing the position any more than, for example, 
a nominee for Justice of the Supreme Court 
would be disqualified because he had in private 
practice represented clients who might be litigants 
before tlie Court. Immediately after being nom- 
inated, and without awaiting confirmation by the 
Senate of his appointment, Mr. Miller resigned as 
a member of his law firm and after May 28. 1949, 
eai'iied no income whatever from that firm. A copy 
of his agreement of resignation has been placed in 
the records of the Department. You may be inter- 
ested in order to know the complete scrupulousness 
with which this resignation was effected that, al- 
though Mr. Millers partnership agreement pro- 
vided in tlie event of resignation for liquidation of 
his interest in the firm over a three-year period, his 
aofreement of resignation jirovided for one lump 
sum payment to l>e made to liim immediately upon 
liis resignation despite the adverse consequences of 
such procedure from the standpoint of personal 
income tax. Thus Mr. Miller, having had his in- 
terest in his former firm valued and paid to him 
in full, had no further interest in that firm as from 
May 28, 1949. It follows from this that he has no 
further personal interest whatever in the outcome 
of the Salialo case. 

Nevertheless, as further evidence of Mr. Miller's 
good faith, innnediately after being nominated on 
May 28, he sent a message to the Department to 
the effect that ui)on assuming office he would not 
wish to participate in any manner whatever in the 
consideration of the Sabalo case. This position 
was reduced to writing by Mr. Miller immediately 
after his assuming office at the end of June in a 
memorandum which is ])laced on the file in this 
Department in which he disqualified himself from 
any further consideration of the Sabalo case. 

Early in July, the Department communicated to 
the Mexican Ambassador its final position in con- 
nection with the Mexican loan discussions. This 
position had been entirely cleared within the De- 

Depor/menf of S/afe Bulletin 



THE RECORD OF THE WEEK 



Continued 



partment and elsewhere in the Government prior 
to Mr. Miller's assuming office and Mr. Miller did 
at no time participate to any extent whatever in 
the preparation thereof, nor was Mr. Miller pres- 
ent at the meeting at which Under Secretary of 
State "Webb finally communicated to the Mexican 
Ambassador our conclusions with respect to the 
discussions. This position, including the sugges- 
tions which were made concerning the settlement 
of claims, was in any event the position taken by 
this Department as a whole after long study of all 
of the factors involved and I can assure you that 
this Department's decisions are not subject to in- 



fluence according to the personal interests of any 
officer. 

I have known Mr. Miller intimately since 1941 
and during the period 1941 to 1946 he was a loyal 
subordinate of mine in numerous capacities. He 
is known to me to be a person of honor and I be- 
lieve that his conduct in connection with the Sabalo 
matter as outlined above more than justifies the 
confidence that I have placed in him in returning 
him to Government service. 

I trust that this information will clarify the situ- 
ation for you and I appreciate your desire to make 
it available to the Congress. 
Sincerely yours, 

Dean Acheson 



Rubber — A Problem of Mutual Interest to Ceylon and the United States 

by Joseph C. Satterthwodte ^ 



Rubber is a strategic material vital to the defense 
of the United States, and hence is one of the im- 
portant items being stock piled by the Munitions 
Board. Without foresight at the outset of the last 
war, we would have been without the 1942 stock 
pile of approximately 600 thousand long tons. 
Likewise without the greatest of effort and the ap- 
plication of the highest technical and engineering 
skills we would have been unable to establish our 
synthetic rubber industry which, by the end of the 
war, was producing at an annual capacity of 1 
million long tons at a cost of 7 billion dollars for 
equipment and facilities. Without our stock pile 
of natural rubber and our success in producing 
synthetic rubber, we might well have lost the war. 

Ceylon has just three products which account for 
approximately 96 percent of its export trade. 
These three are tea, coconut products, and rubber. 
Of these three, rubber accounts for 15 percent of a 
total export trade amounting to 283 million dollars 
in 1948. but for more than 44 percent of Ceylon's 
dollar earnings. Thus during 1948 rubber was 
able to contribute 21 million dollars to the sterling 
pool. It is estimated that Ceylon contributed ap- 
proximately 25 million dollars to the sterling pool 
in excess of its dollar needs. 

Rubber is also of great importance to Ceylon be- 
cause of its contribution to the employment of the 
inhabitants of the country. Unfortunately, a 
large part of Ceylon's rubber costs more to produce 

' Excerpts from an address delivered before the annual 
meeting of the 330th Field Artillery Association, Detroit, 
Mich., on Oct. 1, 1949, and released to the press on the same 
date. Mr. Satterthwaite is Ambassador to Ceylon. 



than that of other major areas and recent price 
declines in natural rubber have resulted in wage 
cuts on the rubber plantations. These cuts would 
be very disturbing in any country, and in the Far 
East where living standards are not high, they may 
produce serious repercussions. 

Ceylon made an outstanding contribution to the 
Allied war effort in connection with rubber sup- 
plies. During the war the major rubber producing 
areas, particularly the two most important ones — 
Malaya and Indonesia — were entirely cut off by 
Japanese occupation, and other areas of lesser im- 
portance in the Far East such as Thailand and 
Indochina were also unavailable to us. In an ef- 
fort to make the maximum contribution, Ceylon 
increased its production of rubber from 49 thou- 
sand long tons in 1938 to an average of about 100 
thousand long tons per year during the wai\ 

Ceylon also finds rubber of special significance 
to its economy. Because of the relatively high 
costs of production in Ceylon, major adjustments 
appear to be inevitable, but it is necessary that 
Ceylon should have time to make such adjustments 
in a reasonable fashion. Meanwhile, it is hoped 
that the expanding world consumption of all rub- 
ber products will provide a more than adequate 
market for both synthetic and natural rubbers. 

In this situation our national policy with respect 
to rubber is of especial interest to the Government 
of Ceylon. As I understand it, this policy may be 
defined as support for the free movement of 
rubber in international trade, combined with sup- 
port of our synthetic rubber industry to the extent 
necessary for national security. Meanwhile, we 



October 10, 1949 



555 



THE RECORD OF THE WEEK 



Continued 



are stock piling natural rubber against the even- 
tuality that natural rubber-producing areas might 
be denied us in the case of an emergency. 

Our synthetic rubber policy is based on the 
Rubber Act of 1948 which provides that the gov- 
ernment may re<^uire the use of synthetic rubbers. 
Under this act it is estimated that we required 
in 1948 the consumption of approximatelv 276 
thousand long tons of synthetic rubbers and used 
an additional 16(5 thousand long tons voluntarily. 
Although it is true that in 1948 the United States 
consumed 627 thousand long tons of natural rub- 
ber, a quantity in excess of the amount consumed 
prior to the war, nevertheless, with the price of 
natural rubber below immediate ju-ewar levels, 
foreign producers tend to think in terms of mar- 
kets which are being denied them. Tliis has been 
particularly delicate in the case of the producers 
of Ceylon because of their recollection of the in- 
dispensable role they played in supplying rubber 
to the United States and other Allied areas during 
the war. Furthermore, a part of this great con- 
tribution was made possible only through the use 
of slaughter tapping. 

It has been difiicult as well for Ceylon to under- 
stand our rubber policy because the high rate of 
use of synthetic rubber has been achieved in large 
part by government directive. Of course, the es- 
sential element has always been the securit}' inter- 
est of the United States in accordance with 
Congressional enactment. In this connection, re- 
cent action by the Secretary of Commerce amend- 
ing Rubber Order R-1 to permit a wider area of 
competition between natural and synthetic rub- 
bers should be particularly helpful in our foreign 
relations. The former requirement of a 45 percent 
average general purpose .synthetic rubber content 
in a wide range of passenger tires has been reduced 
to 35 percent. The requirement of 80 percent 
usage in farm implement tires has been reduced 
to 75 percent. The requirements with respect to 
the use of butyl rubber (for use of inner tubes) 
have been suspended witli the provision that re- 
quired usage of butyl rubber will be reinstated if 
voluntary consumption falls below 15 thousand 
long tons a year. 

Ihis action was made possible by the adoption 
a week ago of the policy that the total amount 
of general purpose synthetic rubber produced and 
used in the United States should be 25 percent 
of the total usage of general purpose and natural 
rubber as contrasted with the previously required 
percentage of 3.3% percent. This action arose out 
of our agreement with the British at the time of 
the recent American, British, ami Canadian eco- 
nomic discussions to open to natural rubber a sub- 
stantial additional area of competition. It should 
result in a reduction of the maiulatory use of syn- 
thetic rubber to the extent of 50 thousand long 
tons based on 1950 estimates. 



Although it is impossible to tell how much addi- 
tional natural rubber will be consumed as a result 
of this action, it is nevertheless believed that sub- 
stantial benefit will accrue to the natural produc- 
ing areas in terms of both increased markets for 
natural rubber and a more favorable price level. 
Secretarj' of Commerce Sawyer, in announcing the 
recent reduction in the mandatory u.se of synthetic 
rubber, said : "By this action we hope to 
strengthen the world-wide security of the United 
States by assisting in the stabilization of the econ- 
omy of Europe and the Far East rubber producing 
countries." 

What of the future ? Ceylon is faced with very 
serious problems. It is a relatively high-cost pro- 
ducer and, I am told, some rubber plantations are 
badly located. Only a small proportion of the 
existing rubber trees are of high yielding strains, 
and, therefore, a major program of replanting 
must be carried through. I believe that plans 
are underway to improve the situation, including 
the elimination of rubber production from mar- 
ginal areas by government purchase of land. 

The United States Government for its part is 
in the process of formulating a position lor the 
future with respect to synthetic rubber. The 
framework of its present policy is provided by the 
Rubber Act of 1948 which expires next June. An 
interagency committee is actively considering rec- 
ommendations with respect to new legislation. In 
this connection it is believed that it will be essen- 
tial to enable the government to continue support 
of the synthetic rubber industry in the interest of 
protecting the national security. The sentiment 
in this country is unmistakable that never again 
should we permit ourselves to be caught in the help- 
less position in which we found ourselves in 1942 
It is, however, highly desirable that the United 
States should balance realistically all of the rele- 
vant policy considerations in determining and ad- 
ministering its future rubber policy. 



Prime Minister of India Visits U.S. 

[Released to the press September 28] 

The Prime Minister of India, Pandit Jawahar- 
lal Xehru. will arrive in AVashington on October 
11. While in Washington the Prime Minister will 
be the guest of the President at Blair House and 
later stay with his sister, Vijaya Lakshmi Pandit, 
Ambassador of India, at the Embassy. 

Upon departure from Washington on October 
15, the Prime Minister will go to Xew York where 
he will remain until October 22, when he will de- 
part for Ottawa via Niagara Falls. After visiting 
in Canada for several days the Prime Minister 
will go to Chicago on October 26. On October 28 
the Prime Minister will fly to Knoxville, Tennes- 
see to make an inspection of the TVA installations. 



556 



Department of State Bulletin 



THE RECORD OF THE WEEK 



Continued 



On October 30, the Prime Minister will fly to San 
Francisco where he will remain until November 
2. On November 4 he will visit the University of 
Wisconsin at Madison and thence proceed to New 
York en route to London. 



Steps Taken for Release of U.S. 
Commercial Vessels Detained in China 

[Released to the press September SO] 

The Department of State has instructed the 
American Charge d'Afl'aires at Canton, Rob- 
ert C. Strong, to take up with the National 
Government the question of the interception and 
detention of the Flying Independent and the Fly- 
ing Clipper while proceeding on an outbound 
passage from Shanghai. 

The two vessels were intercepted by two Chinese 
naval craft and were instructed to anchor at the 
entrance of the Yangtse River. 

It has been further reported to the Department 
that the Flying Trader on inbound passage for 
Shanghai was similarly instructed to anchor. 

The Charge has been instructed to ascertain 
from the Nationalist Government facts surround- 
ing the detention of the three vessels and its in- 
tentions with regard to their early release. After 
this information has been obtained, the United 
States Government will decide what steps might 
appropriately be taken. 

The Department authorized the publication to- 
night of the following telegram to the Isbrandtsen 
Co., Inc., 26 Broadway, New York, N. Y., on 
September 16 : 

Reference your telegram dated September 14, 
1949 concerning the intentions of your company 
to dispatch vessel Flying Independent into 
Shanghai. As you are already aware the United 
States Government does not recognize the Chinese 
Nationalist Government's purported blockade of 
Chinese ports. The Department of State has, 
however, attempted to make available to United 
States shipping companies, ship operators, and 
masters all reports indicating the nature and ex- 
tent of interference with foreign shipping by the 
Chinese Navy. The Department's purpose in sup- 
plying this information is and has been to enable 
shipping companies and masters to formulate the 
best decisions. The Department wishes to make 
clear that it considers the decision to move vessels 
into Chinese ports to rest entirely with the ship- 
ping companies and masters. 

It is not the policy of this Government to con- 
voy commercial shipping into Shanghai or other 

October JO, 1949 



Chinese ports. In consequence, you are advised 
that no naval escort will be provided for the pro- 
jected movement of the Flying Independent into 
Shanghai. The Department of Navy concurs. 

Dean Acheson 
Secretary of State 



The Department this evening sent the following 
telegram to the Isbrandtsen Company : 

Septemher 30, 191^ 

With reference to the conversations in Depart- 
ment today. Department continues to concur in 
message sent you by Chief Naval Operations Sep- 
tember 29 stating in part "in reply your telegram 
of 29 September you will appreciate the employ- 
ment of U.S. Naval forces under present circum- 
stances is not in accord with U.S. Government 
policy." American Embassy office at Canton has 
today been instructed to ascertain from National 
Government facts surrounding detention Flying 
Independent and Flying Clipper and its intentions 
with regard to their early release. After this in- 
formation has been obtained the U.S. Government 
will decide what steps might appropriately be 
taken. Department has no basis for estimating 
length time required for National Government 
reply or nature of reply which may be made. The 
Department of opinion that decision regarding is- 
suance by you instructions to masters Flying Inde- 
pendent and Flying Clipper is for you to make 
which is in conformity with Department statement 
in its telegram to you of September 16 that it con- 
siders the "decision to move vessels into Chinese 
ports to I'est entirely with the shipping companies 
and masters," which decision on your part was 
taken in full knowledge of Chinese National Gov- 
ernment closure order and presumably in knowl- 
edge of interception and detention of two British 
flag vessels departing Shanghai. 



Air Transport Agreement 
With the Union of Burma 

A reciprocal bilateral air transport agreement 
was concluded today in Rangoon by the United 
States Government and the Government of Burma. 
Ambassador J. Klahr Huddle signed on behalf of 
the United States, and U. E. Maung, Burmese 
Foreign Minister, signed for Burma. 

The pact is the first bilateral air transport agree- 
ment concluded by the Government of Burma. It 
provides for the establisliment of a route for 
Burma to the United States, should Burma one 
day inaugurate international airlines of her own. 

557 



THE RECORD OF THE WEEK 



Continued 



Tlie United States, in turn, is pranted the right to 
designate United States carriers to conduct sched- 
uled services to and through Burma. At present 
Pan American Airways and Trans World Airlines 
are certificated for such services. 

The agreement just signed follows closely the 
standard form agreement developed at the Interna- 
tional Civil Aviation Conference of l'.>44, adapted 
along the lines of the Bermuda air transport agree- 
ment coiicludetl by the United States and the 
United Kingdom. It is the forty-first bilateral 
agreement concluded by the United States. 

For text of the agreement, see Department of 
State press release 7-10 of September 27, 1949. 



U.S.S.R.-U.S. Agree on 

Return of Icebreakers and Frigates 

[Released to the press September 27] 

The Governments of the U.S.S.R. and the United 
States agreed todaj' on i)rocedures for the return 
to the United States of 3 icebreakers and 27 frig- 
ates which had been loaned to the Soviet Govern- 
ment during the period of the war under 
lend-lease. The memorandum of agreement was 
signed by Ambassador Panyushkin and Assistant 
Secretary Thorp today. 

Under the agreed procedure all of the vessels 
will be returned to American naval authorities not 
later than December 1, 1949. The icebreakers 
will be returned to the port of Bremerhaven, Ger- 
many, and the frigates to the port of Yokosuka, 
Japan. 



Diplomatic Relations 

With Paraguay To Be Continued 

[Ii( UufL' to tliv pri UK i:S(ptembi r 29\ 

The United States Government has decided to 
continue normal diplomatic relations with Para- 
guay. Upon instruction the American Charge 
il'Aifaires in Paraguay. Archibald R. Randolph, 
today replied to a note dated September 12 ad- 
dressed to him by the Foreign Minister of the new 
government. The text of the note follows: 

I have the honor to refer to your note of Sep- 
tember 12 informing my Goverinnent that Mr. 
Federico Chaves has been elected provisional 
President of Paraguay in accordance with the 

558 



pertinent provisions of the national constitution. 
My Government has instructed me to assure your 
Excellency of its intention to continue normal 
diplomatic relations with the (Government of your 
Excellency and to reiterate its desire to extend and 
strengthen the bonds of friendship between our 
nations. 

This decision is in accordance with the policy 
with respect to recognition discussed in Secretary 
Achesf)n"s speech before the Pan American Society 

on SeiJtember 19.' 



Letters of Credence 

The newly appointed Ambassador of Colombia, 

Senoi- Dr. Don Eduardo Zuleta-Angel, presented 
his credentials to the President on September 26, 
1949. For texts of the Ambassador's remarks and 
the President's reply, see Department of Stat* 
press release 733 of September 26, 1949. 

Rufnania 

The newly appointed Minister of the People's 
Republic of Rumania. Mihail Magheru. presented 
his credentials to the President on September 26, 
1949. For texts of the Minister's remarks and the 
President's rei)ly, see Department of State press 
release 734 of September 26, 1949. 

Nepal 

The newly appointed Minister of Xepal, General 
Shanker Shum Shere Jung Bahadur Rana, pre- 
sented his credentials to the President on Septem- 
ber 27, 1949. For texts of the Minister's remarks 
and the President's reply, see Department of State 
press release 737 of September 27, 1949. 

Ethiopia 

The newly appointed Ambassador of Ethiopia, 
Ras H. S. Imiu. i)resented his credentials to the 
President on September 27. 1949. For texts of the 
Ambassador's remarks and the President's reply, 
see Department of State press release 738 of Sep- 
tember 27, 1949. 

Union of South Africa 

The newly appointed Ambassador of the Union 
of South Africa. Gerhardus Petrus Jooste, pre- 
sented his credentials to the President on Septem- 
ber 28, 1949. For texts of the Ambassador's 
remarks and the President's reply, see Department 
of State press release 742 of September 28, 1949. 



' Kfi.i.ETiN of Sept. 26, 1949, p. 462. 

Department of State Bulletin 



THE FOREIGN SERVICE 



PUBLICATIONS 



Confirmations 

On September 21, 1949, the Senate contirmeci the fol- 
lowing nominations to be American Ambassadors Ex- 
traordinary and Plenipotentiary to the country indicated 
with their respective names : Stanton Griffis to Argentina, 
Robert D. Murphy to Belgium, and Joseph C. Satterthwaite 
to Ceylon. 



Resignations 

The President on August 16, 1949, accepted the resig- 
nation of Felix Cole as American Ambassador to Ceylon. 
For text of the President's letter to Mr. Cole, see White 
House press release of September 7, 1949. 



THE DEPARTMENT 



Confirmations 

On September 27, 1949, the Senate confirmed the nomina- 
tion of ^^'. Walton Butterworth to be an Assistant Secre- 
tary of State. 



THE CONGRESS 



Legislation 

Series of Reports Made by the Commission on Organi- 
zation of the Executive Branch of the Government. Mes- 
sage from the President of the United States transmitting 
a statement on the series of reports made by the Commis- 
sion on Organization of the Executive Branch of the Gov- 
ernment. H. Doc. 176, Slst Cong., 1st sess. 3 pp. 

Third Report to Congress of the Economic Cooperation 
Administration. Message from the President of the United 
States transmitting the third report of the Economic Coop- 
eration Administration for the quarter ended December 
31, 1948. H. Doc. 179. Slst Cong., 1st sess. xi, 159 pp. 

Supplemental Estimate of Appropriation for Assistance 
to Greece and Turkey, Communication from the President 
of the United States transmitting supplemental estimate of 
appropriation for the fiscal year 1950, in the amount of 
$50,0(10,000, for additional assistance to Greece and Turkey. 
H. Doc. 181, Slst Cong., 1st sess. 2 pp. 

Ocfober 70, J 949 



Recent Releases 

For sale hi/ the Siiperinfcndcnt of Documents, Government 
Printing Offlcc. Washington 25, D. C. Address requests 
direct to the Superintendent of Documents, except in the 
case of free imblications, which may fee obtained from the 
Department of State. 



Pub. 3428. 128 pp. 



Energy Resources of the World. 

$2.25 a copy. 

The study is primarily a compilation of data on the 
energy resources of the world : their occurrence, pro- 
duction, processing, trade, and utilization. Includes 
maps and charts in color. 

General Agreement on Tariffs and Trade. Treaties and 
Other International Acts Series 18S7. Pub. 3481. Spp. 54. 

Between the United States and Other Governments, 
Protocol for the Accession of Signatories of the Final 
Act of October 30, 1947— Signed at Geneva September 
14, 1948 ; entered into force September 14, 1948. 

Foreign Service List, July 1, 1949. Pub. 3539. 116 pp. 
30<J a copy. Subscription price $1.50 a year domestic ; $2 
foreign. 

Includes the posts of assignment, the index of per- 
sons, and the geographic index. 

Relief Supplied and Packages for Austria: Duty-Free 
Entry Payment on Transportation Charges. Treaties 
and Other International Acts Series 1922. Pub. 3544. 
6 pp. 5^. 

Agreement between the United States and Austria — 
Effected by Exchange of Notes signed at Vienna Febru- 
ary 3 and 11, 1949; entered into force February 11, 
1949. 

Seventh Report to Congress on Assistance to Greece and 
Turkey for the Period Ended March 31, 1949. Economic 
Cooperation Series 21. Pub. 3594. 43 pp. 20^. 

Quarterly report on U.S. military assistance to Greece 
and Turkey covering the period from January 1, 1949, 
to March 31, 1949. 

U.S. National Commission UNESCO News, September 
1949. Pub. 3619. 12 pp. 10^ a copy. Subscription price 
$1 a year domestic ; $1.35 foreign. 

The monthly publication of the United States National 
Commission for UNESCO. 

Harmony To Save Succeeding Generations From the 
Scourge of War. International Organization and Confer- 
ence Series, 35. [Bulletin Reprint] Pub. 3622. 4 pp. 

Address made by Ambassador Warren K. Austin at 
the Berkshire Musical Festival at Lenox, Mass., on 
Aug. 12, 1949. 

The United Nations: 4 Years of Achievement. Interna- 
tional Organization and Conference Series III, 36. Pub. 
3624. 35 pp. 15^. 

Major actions taken through the United Nations over 
the 4 years of the postwar era are summarized briefly. 

559 



1 ./■„ "^ 







The United Nations and Page 

Specialized Agencies 

Clarity of Unesco's Central Purpose Needed 
in Peacemaking of United Nations. 
By Assistant Secretary Allen 536 

U.N. Documents: A Selected Biblioptraphy . 538 

The United States in the United Nations . . 539 

Observance in Bulgaria, Hungary, and Ru- 
mania of Human Rights and Fundamen- 
tal Freedoms. Letter from the U.S. 
Representative to the United Nations 
to the Seeretarj-General 541 

U.S. Supports Resolution for Conciliation 
Commission for Greece. Statement b.v 
Benjamin V. Cohen " 542 

Atomic Energy: A Specific Problem of the 
United Nations. By Ambassador War- 
ren R. Austin 543 

Senate Confirms Nominations of U.N. Repre- 
sentatives 546 

Economic Affairs 

Position on Claims of Sabalo Transportation 
Company Against Mexican Govern- 
ment 553 

Rubber — A Problem of Mutual Interest to 
Ceylon and the United States. By 
Joseph C. Satterthwaite 555 

Treaty Information 

Reciprocal Trade Agreements Extension Act 
Approved : 

Statement by the President 548 

Statement by Secretary Acheson .... 549 
Air Transport Agreement With the Union of 

Burma 557 

Technical Assistance 

Reciprocal Trade Agreements Extension Act 
Approved: 

Statement by the President 548 

Statement by Secretary Acheson .... 549 



General Policy Pag* 

Prime Minister of India Visits U.S 556 

Steps Taken for Release of U.S. Commercial 

Vessels Detained in China 557 

U.S.S.R.-U.S. Agree on Return of Icebreakers 

and Frigates 558 

Diplomatic Relations With Paraguay To Be 

Continued 558 

Letters of Credence: 

Colombia, Rumania, Nepal, Ethiopia, 

Union of South Africa 558 

International Organizations and Con- 
ferences 

U.S. Delegation to the Fourth Regular Session 
of the General Assembly of the United 

Nations 545 

U.S. Delegations: 

Fourth Session of South Pacific Commis- 
sion 547 

Iro: Sixth Session of Executive Com- 
mittee and Fourth Session of General 
Council 547 

The Congress 

U.S. Delegation to the Fourth Regular Session 
of the General Assemblv of the United 
Nations " 545 

House Hearings on Point 4 Legislation. 

Statement by Acting Secretary \A'ebb . 549 

Legislation 559 

The Department 

Visa Work of the Department of State and 
the Foreign Service. By Eliot B. 
Coulter 523 

Confirmations 559 

The Foreign Service 

Visa Work of the Department of State and 
the Foreign Service. By Eliot B. 

Coulter " 523 

Confirmations 559 

Resignations 559 

Publications 

Recent Relea.ses 559 



Eliot B. Coulter, author of the article on the visa work 
of tile Department of State and the Foreign Service, is 
Assistant Chief of the Visa Division. 



U. S. GOVERNMENT PRIHTIN6 OFFICEi t94S 




m:mm:'->m<m^: 



tJAe^ zlleha^tnienl^ xw tndie^ 




DEMOCRATIC ADVANCE OF WESTERN GERIVIANY: 

U. S. Rejects Soviet Interpretation of Events • State- 
ment by Acting Secretary Webb 590 

THE PROTECTION OF FOREIGN INTERESTS IN 
GERMANY: 

U. S. Memorandum - 573 

Report and Recommendations of the Intergovernmen- 
tal Group 575 

ANALYSIS AND EFFECTS OF THE ELECTIONS IN 

WESTERN GERMANY • By Otto Kirchheimer and 
Arnold H. Price 563 



For complete contents see back cover 



Vol. XXI, No. 537 
October 17, 1949 




N0\/ 3 iy4b 




Me Q)e/iwi^^ent x)/ ^^le JDUilGlin 



Vol. XXI, No. 537 • Publication 3654 
Ocuyber 17, 1919 



Tot sale by the Superintendent of Docnments 

U.S. Oovemmcnt Printing Office 

Washington 25, D.C. 

Prick: 

62 issues, domestic $6, foreign $8.60 

Single copy, 20 cents 

The printing of this publication has 
been approved by the Director of the 
Bureau of the Budget (February 18, 1949). 

Note: Contents of this publication are not 
copyrighted and items contained herein may 
be reprinted. Citation of the Departuent 
or State Bulletin as the source will be 
appreciated. 



The Department of State BLLLETiy, 
a iceekly publication compiled and 
edited in the Division of Publications, 
Office of Public Affairs, provides the 
public and inttrested agencies of 
the Covemment tcith information on 
developments in the field of foreign 
relations and on the icork of the De- 
partment of State and tlie Foreign 
Service. The BULLETIN includes 
press releases on foreign policy issued 
by the White House and the Depart- 
ment, and statements and addresses 
made by the President and by the 
Secretary of State and other officers 
of the Department, as well as special 
articles on various phases of inter- 
national affairs and the functions of 
the Department. Information is in- 
cluded concerning treaties and in- 
ternational agreements to tchich the 
United States is or may become a 
party and treaties of general inter- 
national interest. 

Publications of the Department, as 
tcell as legislative material in the field 
of international relations, are listed 
currently. 



ANALYSIS AND EFFECTS OF THE ELECTIONS 
IN WESTERN GERMANY 



ly Otto Eirchfieiiner and Arnold H. Price 



INTRODUCTION 

The West German elections for the first Bundes- 
tag, held on August 14, 1949, with a better than 
average participation, resulted in the emergence 
of the Christian Democrats (CDU/CSU) and the 
Social Democratic Party (SPD) as the two major 
groups that obtained respectively 31.0 percent and 
29.2 percent of the total vote. The Free Demo- 
cratic Party (FDP) , with 11.0 percent, has become 
the third strongest group ; most of the other seven 
parties represented in the Bundestag obtained less 
than 5 percent each of the total vote. 

The election system, combining the single-mem- 
ber district with proportional representation, un- 
doubtedly favored the three major parties and 
worked to the disadvantage of some of the smaller 
groups, among them especially the Communists 
and still more the independent candidates, most 
of whom represented refugee interests. Yet use of 
a system of straight proportional representation 
would not have changed the essential outcome of 
the elections: i.e., the plurality of the combined 
vote of the CDU/CSU and the FDP over the So- 
cial Democrats. 

Wliile the Communist Party (KPD) lost both 
in number of absolute votes and still more in the 
percentage of the total votes cast and has been re- 
duced to the status of a minor party, the two major 
parties were able to increase their vote about one 
million each. However, in the light of an increase 
of seven million votes, both of these parties lost 
in their share in the total vote, because of the trans- 
fer of a large part of the refugee vote to the FDP, 
the smaller rightist groups, and especially the in- 
dependents. In the case of the CDU/CSU, the 



formation of the Bavarian and the German Parties 
and a partial shift of protestant votes away from 
the CDU/CSU also seem to have been contributory 
factors. 

On balance, the combined share of the SPD and 
KPD in the total vote has remained the same since 
1928 (about 36 percent), and the SPD's position 
as the major working-class party has been con- 
firmed. Whether the remainder of the vote can be 
assigned to the center and rightist groups remains 
problematical; neither the character nor the 
future course of any of these groups can as yet 
be clearly defined. Whether the CDU/CSU wiU 
be able to continue as the major interdenomina- 
tional middle-class group or will again become pre- 
dominantly Catholic will depend on its continued 
ability to keep a substantial part of the non- 
Catholic voters from shifting to the more radical 
rightist groups. The future of the other center 
and rightist groups, including the growing but 
not very homogeneous Free Democratic Party, is 
still more uncertain. It will depend primarily on 
their ability to serve the interests of refugees, 
bombed-out people, the urban lower middle class, 
and small landowners and peasants. 

In spite of the so-called anti-Socialist victory, 



Note on abbreviations: 

CDU — Christian Democratic Union 

CSU — Christian Social Union 

SPD — Social Democratic Party 

KPD — Communist Party 

FDP — Free Democratic Party 

BP — Bavarian Party 

WAV — Economic Reconstruction Party 

DP — German Party 

DRP — Deutsche Eechtspartei 



Ocfober 77, 7949 



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Lower Saxony .... 

North Rhineland- West- 
phalia. 

Rhineland-Palatinate . 

Schleswig-Holstein . . 

WUrttemberg-Bade n 

WOrttemberg-Hohenzol- 
lern. 


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564 



Department of State Bulletin 



the outcome of the elections does not indicate a 
clear-cut decision for a free market as against a 
planned economy. On the other hand, it will make 
more difficult the reconstruction of the civil service 
along democratic lines, and will make less probable 
any early federal action on socialization or eco- 
nomic codetermination of work councils and trade 
unions. Although the weak parliamentary in- 
fluence of the Communists and the rightist groups 
will make for smoother relations between the 
German Government and the Western Allies, it 
will not essentially change parliamentary pres- 
sures for maximum concessions from the Western 
Allies. 



PARTICIPATION IN THE ELECTIONS 
AND INVALID VOTES 

Over-all participation in the August 14 elec- 
tions for the Parliament of the West German state 
was higher than that in any Western German 
election since 1945 and conformed to the pattern 
prevailing during the 1924-28 period of stability 
under the Weimar Republic (table 1). The 
number of votes cast was 78.5 percent of the total 
electorate, or 24,491,000 of 31,179,000. During the 
Weimar period participation ran from 77.4 per- 
cent in May 1924 to 75.6 percent in May 1928. 



References : Allgemeine Zeitnng, August 16, 1949, Frank- 
furter Rundschau, August 18, 1949. 

Note : Results are preliminary and approximate. 

' Kommunistische Partei Deutschlands. 

' Sozialdemokratische Partei Deutschlands. 

' 1928 : Zentrum, Bayrische Volkspartei. 

1946/9: Christlich-Demokratische Union, ChristUch-So- 
ziale Union. 

'Zentrum (1946/9). 

° 1928 : Deutsche Demokratische Partei, Deutsche Volks- 
partei. 

1946/9 : Freie Demokratische Partei, Bremer Demo- 
kratische Volkspartei, Deutsche Volkspartei. 

' Bayernpartei. 

' 1946 : Niedernsaechsische Landespartei. 

1949 : Deutsche Partei. 

' Wirtschaftliche Aufbauvereinigung. 

'Deutsche Eonservative Partei; Deutsche Rechtspartei. 

"1946: Suedschiestcigsche Vereinigung; Sozialdemo- 
kratische Partei Flenshurg. 

1949: Suedschleswigsche Waehlervereinigung. 

"1928: Nationalsozialistische Deutsche Arbeiterpartei. 

" 1928 : Deutschnationale Volkspartei, Wirtschafts- 
partei, Deutsche Bauernpartei, Landbund, Landvolk, 
Volksrechtspartei, minorities, etc. 

1946/9 : Arbeiterpartei, Radikal-Soziale Freiheitspartei, 
Rheinische Volkspartei, and others. 

"1949: Notgemeinschaft, Sammlung zur Tat. 

" Independent candidates. 

^'■Reichstag elections, July 1928. 

" Kreis or Buergerschaft elections, October 13, 1946. 

" Constitutional assembly elections, June 30, 1946. 

" Province of Hanover only. 



Only in the actual years of crisis, during the estab- 
lishment of the Republic in 1919-20 and during 
the final crisis of 1930-33, did participation run 
up to 80 percent and above. 

Regional participation in the August elections 
ran considerably lower, particularly in predom- 
inantly rural regions such as Baden (69.9 per- 
cent) and Wiirttemberg-Hohenzollem (64.5 per- 
cent) which have not yet experienced any appre- 
ciable influx of refugees. Participation running 
above average occurred in predominantly urban 
areas such as Hamburg (81.9 percent), Bremen 
(82.0 percent), and North Rhineland-Westphalia 
(79.6 percent) ; and those semirural areas, such 
as Schleswig-Holstein (82.7 percent) and Bavaria 
(81.1 percent), that have a higher-than-average 
number of refugees. The higher vote in the latter 
areas is probably due both to the higher participa- 
tion of refugees and to general intensification of 
political issues caused by the omnipresence of the 
refugee problem. 

An increase of approximately 7 million occurred 
in the number of votes since 1946 (table 2). 
These new voters were divided roughly as follows : 
1.5 million newly enfranchised voters by coming of 
age; 2 million refugees voting for the first time; 
.5 million Germans from the Eastern zone who 
have fled to Western Germany ; 1 million prisoners 
of war who have returned to Germany since 1946 ; 
and another 2 million voters who had not exercised 
their right to vote, had been unable to vote because 
of residence requirements, or had been temporarily 
disenfranchised as Nazis. 

Totaling 762,000, the invalid vote has every- 
where been considerably smaller than in other 
elections since 1945. Nevertheless, with an aver- 



Table 2. Comparison of 
by party, 1946 


numerical voting strength 
and 1949 elections 


Party 


1946 


1949 


CDU/CSU 

SPD 

KPD 

FDP 

DP 


Thousands 

7,337 

5,941 

1,333 

1,066 

454 

368 

225 


Thousands 
7,358 
6,932 
1,360 
2,789 
940 


Center Party 

WAV 

BP 


727 
682 
987 


Independents 
Refugee lists 
Other . . . 












845 












318 


::: 








242 


747 


Total 


16, 966 


23, 685 



Ocfober J 7, 1949 



565 



age of 3.1 percent, it is still considerably higher 
than the pre-1933 invalid vote, which generally 
was around 1 percent. The invalid vote has been 
uniformly highest in those regions where ultra- 
rightist groups did not run candidates of their 
own — for instance, in the French zone, where the 
Rhineland-Palatinate area ran an invalid vote as 
high as 5.5 percent; Wiirttemberg-Baden (4.2 per- 
cent) ; and He.sse (5.4 percent). It thus seems 
justifiable to conclude that a considerable percent- 
age of the invalid vote was among rightist groups. 
(See table 1.) 



THE ELECTION SYSTEM 

The combination of single-member districts with 
the system of proportional representation gave 
the two big parties, the Christian Democratic 
Union (CDU) and the Social Democratic Party 
(SPD) , an advantage over all other parties. (See 
table 3.) The Free Democratic Party (FDP) 
and the four parties with a regionally concen- 
trated following — the Bavarian Party (BP), the 
German Party (DP), the Economic Reconstruc- 
tion Party (WAV), and the Center Party — fared 
approximately as well as they would have under 
a system of straight proportional representation. 
At a grave disadvantage were those parties like 
the Communist Party (KPD) and the German 
Rightist Party (DRP), with a scattered following 
distributed over several regions, and especially the 
independent candidates, whose votes could not be 

Table 3. Statistical analysis of the German election 
system 



Party 



CDU/CSU . 
SPD. . . . 
FDP, BDV. 
BP . . . . 
DP ... . 
KPD. . . . 
WAV . . . 
Center Party 
DRP/DKP . 
Independents 
SSW . . . 
Refugees . . 
Other . . . 



Total 



Seats 
received 



139 

131 

52 

17 

17 

15 

12 

10 

5 

2 

1 

1 



402 



Seats 

under 

PR 



125 

117 

48 

17 

16 

23 

12 

12 

7 

15 

1 

5 

4 



402 



Votes 
per seat 
received 



52, 932 
52,918 

54, 382 
58, 036 

55, 299 
90, 667 

56, 832 
54, 382 
85, 790 

422,315 

75, 387 

318,418 



' 59, 711 



' Average number of valid votes for each scat. 

566 



combined to obtain seats on the regional reserve 
list. However, in both cases, additional factors 
not necessarily inherent in the working of the 
combination between single-member districts and 
proportional representation contributed heavily to 
the losses of these latter groups : in the case of the 
KPD and the DRP it was the provision of the elec- 
tion law excluding any group not obtaining a 
minimum of 5 percent of the total regional vote 
from the distribution of regional reserve seats ; in 
case of the independents it was the earlier refusal 
of Military Government to recognize refugee or- 
ganizations as political parties, thus depriving 
them of participation in reserve-list distributions. 

A system of straight proportional representa- 
tion, however, would not have given political re- 
sults much at variance with those produced under 
the present system. Tlie main difference would 
have been that under proportional representation 
12 more independents and 8 more Communists 
would have won seats with a corresponding smaller 
number of SPD, CDU, and FDP seats. The for- 
mation of a middle-right combination would have 
been slightly more difficult since initial coopera- 
tion of two instead of one of the smaller rightist 
groups would have been necessary. In any case, 
the final outcome of the elections — i.e., the rela- 
tively weaker position of the SPD as compared 
with the combined CDU and FDP vote — would 
not have been substantially altered under a system 
of proportional representation. 

It is not possible to calculate exactly how the 
individual parties would have fared if the election 
system had been based only on single-member dis- 
tricts, with the election outcome decided by 
straight pluralities without reserve lists. In such 
a case, the parties would have been forced in many 
instances to agree on a common candidate. How- 
ever, since CDU and FDP combinations or com- 
binations of one or the other with smaller rightist 
parties would have been fairly frequent, whereas 
SPD-KPD combinations would have been prac- 
tically nonexistent, such a system would probably 
have resulted in a straight CDU-FDP majority 
and a correspondingly weaker SPD. 

The question may also be raised to what extent 
the exclusion of Western Berlin from participa- 
tion in the elections influenced the political com- 
paction of the Bundestag. Assuming that the 
voting pattern would have remained the same as 
in the 1048 Berlin elections, in which the KPD did 
not participate, 15 SPD seats, 4 CDU. and 3 FDP 

Department of Sfafe Bulletin 



seats would have been added to the present 402 
seats of the Bundestag. This assumption would 
have given the SPD a slight advantage over the 
CDU and would have made it the strongest indi- 
vidual party. Such an outcome would not have, 
however, deprived the CDU and the FDP of the 
possibility of forming a government excluding the 
SPD and resting on the support of one minor 
rightist group. Thus, whatever the election sys- 
tem, and with or without Berlin participation, the 
preponderance of the CDU-FDP combination 
would have remained the deciding factor. 

A different picture might have emerged only if 
the whole Eastern zone, with its heavy working- 
class vote, had participated in the elections. In 
this case, the SPD would probably have gained a 
heavy enough plurality over the CDU/CSU — pos- 
sibly approximating the combined CDTJ/CSU- 
FDP vote — to make an administration excluding 
the dominant SPD politically unfeasible. 



ANALYSIS BY PARTIES AND GROUPS 
The Communist Party 

The KPD suffered the most severe losses at the 
polls. Since the last diet elections, it lost about 
381,000 votes in the various regions and its per- 
centage of the total votes cast declined from 9.5 
to 5.7 percent. To some extent this decline was 
due to the fact that the party is anathema to most 
of the approximately 3.9 million refugee voters, 
as well to the several hundred thousand of fugi- 
tives from the Eastern zone and to the prisoners 
of war, many of whom voted for the first time in a 
free election. This feeling accounts for the heavy 
losses of the KPD in many rural regions having a 
heavy refugee vote. However, the losses of the 
KPD were equally telling in predominantly urban 
regions, in which the refugee vote scarcely counted 
and which have hitherto been considered main- 
stays of communism in Western Germany. The 
percentage of the Coiimiunist vote continued to 
decline in such places as Bremen, Hamburg, and 
North Ehineland-Westphalia. Wlien the party's 
present status is compared with its pre-1933 
strength — a comparison which in these areas is 
fair because of the comparatively smaller influx of 
new elements — it becomes evident that the KPD is 
rapidly losing its position as a serious competitor 
of the SPD for the working-class vote. For ex- 



ample, in North Ehineland-Westphalia, the big- 
gest Communist center of Western Germany, its 
percentage of the total vote cast has since 1928 — 
which was not a year of top Communist perform- 
ance — declined from 13.7 to 7.6 percent. Compar- 
able figures for Hamburg are 16.8 and 8.5 percent. 
A comparison of the present numerical voting 
strength of the SPD and the KPD in these regions 
tells the same story : 359,000 SPD voters in Ham- 
burg are matched by only 77,000 KPD voters ; and 
2,108,000 SPD voters in North Ehineland-West- 
phalia by only 512,000 KPD voters. 

The Social Democratic Party 

The SPD emerged from the elections as the sec- 
ond strongest party. It gained about a million 
new votes as compared with earlier postwar elec- 
tions, though its proportion of the total votes de- 
creased from 35 to 29.2 percent. This decrease 
was due mostly to the shift of the refugee vote to 
independent and rightist groups. In regions 
where the refugee vote was not an especially sig- 
nificant factor (as in most urban areas and in the 
French zone), the SPD held its own, generally 
winning a substantial percentage of new votes and 
often absorbing the losses suffered by the Com- 
munist Party. The status of the SPD as the main 
German working-class party has thus been con- 
firmed. On the other hand, it has not been able to 
maintain or to acquire the confidence of the ma- 
jority in groups like refugees or bombed-out per- 
sons that have looked to the political parties and 
Land governments to mitigate their especially 
unfavorable situation. Tliis failure is clearly 
demonstrated from the election returns in those 
regions where the SPD has carried the main 
burden of administrative responsibility since 
1946 — regions such as Hesse, Lower Saxony, and 
Schleswig-Holstein (table 1). In these areas 
the SPD either made no gain or only impercep- 
tibly increased its voting strength, thus leading 
to a substantial drop of its percentage in the total 
vote. It did much better in the Ehine-Euhr 
area, proving incidentally that neither the al- 
leged favoritism shown the SPD by the British 
Labor Party nor the alleged failure of the SPD 
to prevent British dismantling through its rela- 
tions with the British Labor Party has seriously 
influenced the voters' judgment (tables 1 and 4). 

The SPD now slightly exceeds its 1928 relative 
voting strength, which as a result of the short- 



Ocfober 17, 7949 



567 



lived prosperity wave after World War I. was a 
singularly successful SPD election year. This im- 
provement seems to be due to the fact that the 
SPD has at least kept its share of the refugee vote, 
that its campaign among the lower middle-class 
groups has found some response, and that the great 
majority of the workers — of the old and the new 
generation — have placed their confidence in the 
SPD more clearly than at any time since 1919. 

Moderate Middle-Class Parties 

With 7,358,000 votes and 31 percent of the 
total vote cast, the Christian Democratic Union 
(CDU/CSU) has emerged from the election as the 
largest single group. Nevertheless, as in the SPD 
voting pattern, its percentage in the total vote cast 
has diminished since tlie last diet elections: from 
37.7 to 31.0 percent. The shift of refugee votes to 
the independents and to rightist groups, together 
with the emergence of a new particularist con- 
servative group in Bavaria and the consolidation 
of an already existing one in northwestern Ger- 
many, is primarily responsible for this decline. In 



addition to this percentage decline, the CDU saw 
a direct transfer of the votes of former supporters 
to other groups in Bavaria, Hesse, and Hamburg 
(tables 1 and 5). If, nevertheless, in spite of all 
lliese adverse factors, the CDU/CSU came out of 
the elections as well as it did because of the present 
preponderance of woman voters in the German 
electorate. Separate tabulations according to sex, 
made in some individual election district of 
Cologne, make it quite clear that at least in 
Catholic regions women voters show a marked 
CDU/CSU preference. Equally the small left- 
wing Catholic Center Party, bearer of the old 
Center Party tradition and operating mainly in 
the Rhineland and Westphalia, kept together 
pretty well in this election and almost reached the 
percentage figure it obtained in the 1947 elections. 
The Free Democi'atic Party (FDP) received 
the support of 1.2 million new voters and increased 
its percentage of the total vote from 9.4 to 11.9 
percent over the last diet elections. There is a 
sharp regional difference in the strength of this 
party. The main gains of the FDP have not, as 



Table 4. Comparison between the 1947 and 1949 elections in selected districts of North Rhineland-Westphalia 



District 



Euskirchen-Bergheim ' . 
Koeln (Stadt Land) ' . . 
Solingen-Rcmscheid ' . . 

Bielefeld* 

Warendorf-Beckum ' . . 

Essen » 

Muenster' 

Lemgo ' 



Year 



1947 
1 '.)4<,) 
1947 
1949 
1947 
1949 
1947 
1949 
1947 
1949 
1947 
1949 
1947 
1949 
1947 
1949 






107, 445 
117,897 
437, 824 
497, 443 
168, 799 
180, 575 
97, 387 
104, 423 

111, 200 
120, 447 
381,287 
410, 399 

112, 131 
123, 993 

79, 832 






Ph 



63. 7 
85. 
58.2 

75. 8 
68. 2 

80. 3 
67. 7 
82. 
72. 5 
85. 9 
67. 6 

76. 
58. 1 

81. 7 
67. 4 
n. a. 



c > 



7. 4 

3. 9 

3. 8 

n. a. 

2. 8 
2.0 
6. 1 

3. 3 

4. 3 

2. 2 

3. 5 
2. 
3, 
1, 
5.4 

n. a. 



KPD 



5, 
3, 

■il, 

29, 

31, 

29, 

5, 

3, 

5, 

4, 

49, 

34, 

2, 

1, 

3, 

3, 



015 
017 
668 
508 
746 
760 
351 
747 
488 
114 
135 
116 
334 
927 
605 
028 



SPD 



19, 
33, 
76, 

125, 
29, 
35, 
29, 
37, 
29, 
23, 
79, 

105 
13 
21, 
23 
25 



860 
294 
210 
793 
400 
456 
098 
509 
257 
388 
251 
347 
918 
507 
774 
441 



CDU 



32, 
46, 
111, 
160, 
26, 
30, 
20, 
23, 
34, 
42, 
68, 
86, 
22 
34! 
18, 
17, 



661 
037 
805 
221 
083 
454 
522 
079 
607 
216 
531 
946 
106 
464 
588 
581 



Center 



935 
719 
091 
968 
905 
922 
651 
349 
984 
714 
352 
415 
866 
461 
253 
901 



FDP 



414 
631 
318 
257 
598 
404 
340 
537 
810 
015 
293 
764 
743 
965 
686 
873 



RVP 



2, 522 

3,043 

1, 860 

979 

"358 



121 
234 



653 

I73 

127 



RSF 



322 



1,268 
ii,"469 



1, 941 
"340 



10, 076 
'"468 
""'853 



DRP 



1,213 



5,497 
1,098 
2,284 



2, 184 



1, 229 



1,745 



a 



633 
2,634 



7, 194 



1 Consists of Landkreise Euskirchcn and Rergheim (pop. 1939: 146,180; last: 183,141) and is mostly Catholic and 
mixed rural and industrial. 

» Consists of Landkreis and Stadtkreis Koeln (pop. 1939: 754,647; last: 678,969) and is mostly urban and Catholic. 

' Consists of Stadtkreise Remscheid and Solingen (pop. 1939: 244,254; last: 244,309) and is mostly industrial and 
about two-thirds Protestant. 

< Consists of the city of Bielefeld (pop. 1939: 129,466; last: 145,114) and is mostlv industrial and Protestant. 

' Consists of Landkreise Beckuni and Warendorf (pop. 1939: 136,976; last: 191,996) and i.* mostly ruraland Catholic. 

' Consists of the city of Essen (pop. 1939: 666,743; last: 582,560) and is mostly industrial and Catholic. 

' Consists of Landkreis and Stadtkreis Muenster (pop. 1939: 207,351 ; last : 194,276) and is mostly urban and Catholic. 

• Consists of Landkreis Lemgo (pop. 1939: 91,533; last: 132,141) and is mostly rural and Protestant. 

References: Geaelz-und Verordnungsblatt fuer das Land Nordrhein-Weslfalen, May 7, 1947; July 8, 1949; Die Welt, 
Aug. 16, 1949. 

568 Department of State Bulletin 



a rule, been obtained in northwestern Germany. 
Except for Bremen and Hamburg, in these regions 
it remains a party of minor stature and obtains less 
than 10 percent of the total vote. It is strongest 
in southern Germany ; in some states, like Wiirt- 
temberg and Baden, this strength rests to some 
extent on its long-established liberal tradition 
(table 1). In other regions, especially in Hesse, 
the FDP's success is attributable to its open al- 
liance with ultrarightist forces. Whether the 
party can still be counted among the middle-of- 
the-road groups or whether it must be considered 
as a way station for many voters in their move- 
ment toward the extreme right has yet to be seen. 
But the very fact that the party obtained its great- 
est success through its rightist alliance in Hesse, 
whereas it remains stationary in north Wiirttem- 
berg-Baden under its old type of liberal leader- 
ship, gives some clues to its prospective 
development. 

To what extent does the relative position of 
the CDU and the FDP depend on religious affilia- 
tion? Generally speaking, the FDP is opposed 
to giving religious organizations much voice in 
educational matters and does not appeal to Catho- 
lic voters. On the other hand, it would not be en- 
tirely accurate to characterize the CDU as a Catho- 
lic party. The situation varies in different regions. 
In the overwhelmingly Protestant regions of 
northwestern Germany the CDU has such a Prot- 
estant outlook that some Catholic voters in Schles- 
wig-Holstein continued to vote for the Center 
Party as the real Catholic party, even though such 
votes, according to the election law, were lost. The 
fact that the CDU in Lower Saxony and Schles- 
wig-Holstein was not able to hold its 1946 posi- 
tion has little relation to religious issues. It was 
rather caused by the emergence of the new right- 
wing conservative German party, which through- 
out northwestern Germany became the second 
strongest middle-class group, far outdistancing the 
Free Democratic Party. (See table 1.) In North 
Ehineland-Westphalia the 9 percent drop of the 
CDU since 1946 is to some extent due to a reori- 
entation of the Catholic working-class vote, some 
of which is now going to the Center Party rather 
than staying with the CDU. 

In both western and southern Germany there 
was a shift of Protestants away from the CDU. 
Wliether in predominantly Catholic or pi'edomi- 
nantly Protestant regions or in the many regions 
where no clear-cut majority of either denomina- 



tion exists, everywhere the religious and educa- 
tional issues are still or have become again much 
more alive than in the north. Therefore, although 
many Protestants voted for the CDU — a compari- 
son of the "Weimar Catholic parties, (the Center 
and the Bavarian People's Party, comprising 23.3 
percent of the total vote in 1928) with the present 
combined vote of 39 percent for the CDU/CSU, 
the Bavarian Party, and the Center Party testifies 
to continued CDU support among Protestants — 
nevertheless, since the first postwar elections some 
Protestants, noticeably in southern and western 
Germany, have come to look upon the CDU as a 
strictly Catholic Party. This attitude may have 
been one of the reasons for the shift in votes from 
the CDU to the FDP, particularly in the Palati- 
nate, Hesse, "VViirttemberg-Hohenzollern, Baden, 
Bavaria, and the Rhineland. (See tables 1, 4, 
and 5.) 

Bavarian Voting Patterns CTables 1 and 5) 

The party scene in Bavaria — where there were 
almost no refugee candidates running on an in- 
dependent ticket — is characterized by the emer- 
gence, or rather affirmation, of two groups : Lor- 
itz' Economic Reconstruction Party (WAV) and 
the particularist Bavarian Party (BP). Discon- 
tent thus had two possible outlets: the majority 
of the refugees — about 60 percent — living mainly 
in the rural areas were attracted to the WAV 
(table 6) ; in the cities some dissatisfied native 
elements transferred their vote to the WAV, but 
those of Catholic origin turned to the BP. Thus, 
whereas there was a considerable WAV vote in 
Protestant cities, the corresponding social strata in 
Catholic urban areas inclined toward the BP, 
which has become the mouthpiece for expressing 
the dissatisfaction of the native Catholic middle 
class with the present administration. In the 
Catholic countryside, noticeably in Lower and 
Upper Bavaria, where the BP has become the 
strongest group, it serves as the political arm of 
the peasantry. The FDP, although remaining a 
minor party, did profit by the transfer of Protes- 
tant votes. The CDU and the SPD were the 
losers; the insignificant KPD sank to still lower 
levels. But although the CSU bore the brunt both 
of the splitting off of the particularist BP and the 
transfer of the refugee and to a smaller extent 
of the Protestant vote, the SPD, as evidenced by 
the difference in results from urban and rural 
areas, was the main loser in the transfer of at least 
part of the refugee vote. 



October 17, 1949 



569 



Refugees, Independents, Ultrarightists 
and the Former Nazi Voters 

The goal of absorbing refugees into the exist- 
inf^ I)arti('s, wliicli wiis the basis of Military Gov- 
eriuiKMit's policy of refusing to license independent 
refugee groups, has been only partially achieved. 
A good third of the roughly three million refugee 
voters who went to the polls voted either for can- 
didates of special refugee groups such as the 
Deutsche NotgemeiThSchaft operating in Wiirtteni- 
berg-Baden, or the Sammlung ziir Tat in Baden, 
or for wholly independent candidates that almost 
invariably represented refugee interests. Of the 
remaining 2 million refugee votes, about 300,000 
to 400,000 went to the Deutsche Rechtspartei group 
operating in the British zone but most successful 
in Lower Saxony, with a slightly higher number 
going to the WAV. Allowing for invalid votes, 
the remainder of approximately 1 million, or one- 
third of the total refugee vote, went to the estab- 
lished parties, with the Free Democratic Party 
getting a proportionally larger share than the 
SPD and the CDU (table 6) . 

Where did the former Nazi vote go? The sur- 
vivors of the approximately seven million Nazi 
voters in 1932 in Western Germany have contribu- 
ted heavilly to the revival of the minor national 
and regional middle-class parties, one such exam- 
ple being a substantial part of the adherents of 
the Free Democratic Party. The WAV as well 
as the Kightist Party probably recruit from former 
Nazi voters; also, many new voters recruited by 
the CDU/CSU may be assumed to come from the 
same ranks. On the other hand, the election re- 
sults make it seem unlikely that many former 
Nazis now appear in the ranks of the KIPD, the 
SPD, or the Center Party. 



THE MEANING OF THE ELECTION TRENDS 

On one point German election trends show a 
remarkable degree of stability: i.e., the share of 
the left-wing groups in the total vote. As in 
1928, the last "normal" election of the Weimar 
Republic, the percentage of the Social Democratic 
and Communist vote remains in 1949 between 35.5 
and 36 percent, with a slightly increased SPD per- 
centage making up for the Communist decline 
(table?). 

On the other hand, the distribution of the re- 
mainder among middle-of-the-road and rightist 



groups would presuppose the existence of a more or 
less exact boundary line between center and 
rightist groups. Half a million of the invalid 
votes and the entire vote for the German Rightist 
Party and the WAV may with some degree of 
certainty be classed as rightist votes, thus account- 
ing for about 7 percent of the total. But the ques- 
tion arises of how to classify the urban voters of 
the Bavarian Party, who are as dissatisfied with 
the present state of affairs as the corresponding 
voters in Protestant areas, voting for the WAV or 
for the German Party, specializing, as it was on 
antidenazification propaganda? Also, how to 
split up the disparate elements of the FDP and 
where to assign the 1 million independent votes 
mostly cast as a protest against all existing Ger- 
man political organizations? 

Obviously, to draw a rigid boundary line be- 
tween leftist and rightist groups would be of little 
value. Whether these millions of voters and their 
political representatives, both within and outside 
the Bundestag, will reconcile themselves to the 
political and social structure now developing in 
the new Western state or will in the near future 
turn out in numbers against it will depend on the 
extent to which the new government is able to 
satisfy their claims. It is not possible to say 
whether any of these groups will have more than 
temporary existence or will mean much, or even 
exist, 4 years hence. 

The outlook is different with respect to the 
CDU/CSU. The fact that the party has a num- 
ber of sharply divergent wings — the Bavarian par- 
ticularists, the Hilpert faction in Hesse, the left- 
wing trade unionists around Arnold, and the Ade- 
nauer main bloc of the party — tloes not in itself 
spell defeat for the organization. It puts only a 
high premium on the skill of the leaders in i-econ- 
ciling tlie different wings. Whether the party will 
be able to retain its appeal for non-Catholic voters 
may be a more serious consideration for the party's 
survival as a major political organization. The ex- 
perience both during the Empire and the Weimar 
period has shown that the Catholic Center Party, 
kept together by its Weltanschauung rather than 
by representation of specific interests, has tradi- 
tionally shown a high degree of stability even in 
the face of overwhelming odds. On the other 
hand, Protestant voters have shown much less 
party loyalty. The question arises whether the 
CDU/CSU, although lacking the denominational 
homogeneity of the old Center Party, will be able 



570 



Department of State Bulletin 



Table 5. Comparison 


of the 1949 elections 


with the 1946 


and 


1948 


elections i 


n selected 


Bavarian 


districts 


District 


csu 


SPD 


WAV 


KPD 


FDP 


HP 


1946 


1948 


1949 


1946 


1948 


1949 


1946 


1948 


1949 


1946 


1948 


1949 


1946 


1948 


1949 


1948 


1949 


Bavreuth ' . . . . 

Hof2 

Karstadt' .... 

Ansbach * 

Nuernberg-Fuerth ' 
Nuernberg-Oste * . 
Muenchen-Nord ' . 
Rosenheim ' . . . 

Passau ' 

Pfarrkirchen '. . . 

Cham'" 

Kempten " . . . . 




31.9 
27.3 

74.4 
59.8 

}23. 3 

35. 9 
55.6 
61.0 
66.7 

69. 7 
68.7 


28.0 
25.4 
57. 1 
50.3 

13. 1 

20.9 
30. 7 
43. 3 

44.2 
48.6 
45.2 


18.0 
16. 4 
54. 
34.9 
/14. 6 
tl3. 2 
18.0 
22.9 
33.0 
23. 9 
36.3 
43. 5 


47.6 
46.3 
18. 1 
20.5 

}43. 7 

32. 5 
23.2 
28.3 
21.3 
23. 1 
18. 7 


42.2 
31.7 

16. 7 
18.0 

38.5 

24.4 
24.6 

17. 8 
12.2 

18. 2 
15. 9 


39.7 

35.0 

15.9 

17. 9 

f39. 6 

137. 3 

23.9 

18.3 

14.7 

8.4 

22.3 

19.2 


1.9 
1.8 
1.9 

4. 8 

}ll. 5 

14.4 
11.2 

5. 1 
6.8 
3.3 
4. 4 


. 1 

5.6 

6.9 
1.0 

.7 
.5 

'"."3 


6. 

13.7 

10. 3 

13.8 

fl5. 8 

119. 3 

14.9 

17. 6 

22. 7 

24. 8 

7.2 

6. 6 


9.3 

12. 7 

3.8 

2.7 

}l2. 1 

9.7 
6.4 
3.8 
2. 6 
2. 8 
2. 1 


5.3 
7. 5 
1. 9 
1.8 

13. 2 

10.6 
3. 8 
2.2 
1. 2 
1. 8 
2.7 


5.9 
6. 1 
2. 1 
1.9 
flO. 4 
I 9. 8 
9. 1 
4.2 
1.9 

1. 1 

2. 6 
2.6 


9.3 
11.9 

1.8 
12.2 

jg. 4 

7.5 
3. 6 
1.8 

2. 6 

1. 1 

6. 1 


10.7 

13. 8 

1.0 

7.4 

13.2 

5.9 
1.4 

.5 
2.0 

.6 
2.7 


15. 1 

14. 6 

4.2 

24.0 

ri3. 7 

113.8 
12.7 
6.5 
2.8 
2.5 
4. 1 
8.9 


"i.'4 

j-5. 

23. 6 
28.3 
15.4 
14. 1 
6.8 
8. 7 


15.3 
14.2 
13.5 
7.5 
/4. 9 
l6.6 
21.4 
30.5 
24.9 
39.3 
27.5 
19.2 



Reference: Bamberger Nachrichten, Aug. 16, 1949. 



Note: Figures following the names of Kreise in all footnotes indicate 1946 refugee percentage. 

1 Consists of Stadtkreise Bayreuth (18.4) and Marktredwitz (n. a.) and Landkreise Bayreuth (23.6) and Wunsiedel 

(23.3) and is mostly rural and Protestant. 

2 Consists of Stadtkreise Hof (16.0) and Selb (19.8) and of Landkreise Hof (20.4), Muenchberg (25.3), and Rehau 
(25.9) and is mostly rural and Protestant. 

' Consists of Landkreise Bad Neustadt/Saale (15.8), Brueckeanu (20.2), Gemuenden (17.8), Hammelburg (18.9), 
Karlstadt (14.2), and Lohr (19.2) and is mostly rural and Catholic. 

' Consists of Stadtkreise Ansbach (13.8) and Rothenburg (n. a.), and of Landkreise Ansbach (24.2), Feuchtwangen 
(25.6), Rothenburg (20.9), and Uffenheim (23.6) and is mostly rural and Protestant. 

' Consists of (S'tadifcreise Nuernberg (4.5) and .Fuerth (12.7) is of urban industrial character and is about two-thirds 
Protestant. 

• Consists of parts of Stadtkreis Muenchen (6.0 for the whole city) and is mostly urban and Catholic. 

' Consists of Stadtkreis Rosenheim (20.4) and Landkreise Bad Aibling (21.5), Ebersberg (25.2), and Rosenheim 

(20.4) and is mostly rural and Catholic. 

* Consists of Stadtkreis Passau (21.1) and Landkreise Passau (27.4), Wegscheid (20.7) and Wolfstein (22) and is except 
for the city of Passau rural and is mostly Catholic. 

' Consists of Landkreise Eggenfelden (24.2), Pfarrkirchen (25.9), and Vilsbiburg (29.2) and is mostly rural 
and Catholic. 

'» Consists of Landkreise Cham (24.1), Nabburg (22.8), Neunburg (22.1), Oberviechtach (16.2), Vohenstrauss (21.3), 
and Waldmuenchen (25.2) and is mostly rural and Catholic. 

" Consists of Stadtkreise Kempten (17.6) and Lindau (n. a.) and Landkreise Kempten (17.6), Lindau (n. a.), and Son- 
thofen (19.5) and is rural and mostly Catholic. 



Table 6. Statistical analysis of the refugee vote Ostimated) 



State 


1948 
percent 
of refu- 
gees ' 


Refugee vote ^ 


1949 


1946 




Percent 

3.5 

20.6 

15. 1 

25. 6 

8.0 

2. 3 
33.6 

17.7 
4.2 


Percent 


Percent 
3 CDU» 


Bavaria 


12 WAV- 5 FDP . 


12 CDU; 6 SPD ' 


Hesse 

Lower Saxony 

North Rhineland- Westphalia . 


11.5 independents; 3 LDP 3 

8 independents; 8 DRP; 8 SPD/LDP K 
2.3 independents; 1.5 DRP; 3.5 SPD/ 
LDP 3 


12SPD;3 2ind.3 

8 SPD; 3 7 CDU; 3 4 LDP 3 

SPD/CDU 

Independents; other 


Schleswig-Holstein 

Wurttemberg-Baden 

Wtirttemberg-Hohenzollern . . 


3 independents; 1.7 DRP; 15 SPD;' 
10 other parties ' 


20 SPD;' 10 CDU/LDP' 
7 SPD; 3 10 CDU 3 




Independents; other parties 







' Percentage of refugees per total population in a given state as of October 1948. 

' Percentages express percentage of valid votes and refer to the estimated portion of refugee votes only. 

3 Rough estimate. 

October 17, 7949 



571 



Table 7. Over-all comparison between the May 1928 
Reichstag elections and the 1949 West German 
elections ■ 



Group or party 



Labor 

KPD 

SPD 

Minor labor groups '. . 

Middle class 

Christian groups ' . . 

Center 

CDU 

CSU/BVP 

DDP,< DVP, FDP, 

UDVP 

DNVP« 

Other groups ' . . . . 
Rightist extremists ' 
Invalid vote 



1928 



Per- 
cent 
6, 005, 400 35 

1, 433, 300; 8 
4, 502, 900,26 

69, 200 , 
10, 784, 000!64 
3, 907, 400 23. 3 

2, 962, 100 17. 7 



945, 300 

2, 258, 203 

1, 579, 800 

2, 320, 000 
649, 600 
264, 700 



5.6 

13.5 
9. 5 

13. 9 
3.9 
1. 5 



1949 



1, 



513, 700 

360, 400 
6, 932, 300 

221, 000 

15, 210, 900 

8, 084, 900 

727, 300 
5, 977, 300 

1, 380, 300 

2, 827, 900 



3, 165, 100 

1, 110,000 

766, 100 



Per- 
cent 

35.8 
5.7 

29.2 
. 9 

64. 2 

34. 1 
3. 1 

2.5. 2 
5.8 

11.9 



13. 5 
4.7 
3.6 



' All figures are approximate and preliminarv. 

2 1928: Linke Kommunisten, USDP, Alte SPD; 1949: 
Radikal-Soziale Freiheitspartei, Arbeiterpartei. 

3 1928: Center, Bavrische Volkspartei. 1949: CDU, 
CSU, Center. 

* Deutsche Demokratische Partei, Deutsche Volkspartei. 
1949: FDP, Bremer Demokrati.sche Volkspartei. 

" Deutschnationale Volkspartei. 

' 1928: Wirtschaftspartei, Deutsche Bauernpartei, Land- 
bund, Landvolkpartei, Volksrechtspartei, Evangelische 
Volksgemeinschaft, minority parties, and others. 1949: 
Bavarian Party, German Party, SSW, and others. 

' 1928: Nationalsozialistische Deutsche Arbeiterpartei, 
Voelkisch-Nationaler Block, Deutsch-Soziale Partei. 
1949: DRP/DKP, WAV. 



to integrate its non-Catholic elements firmly into 
its organizational pattern. The present election 
results, showing a certain regional tendency to- 
ward reestablishment of the party's Catholic char- 
acter do not provide an unequivocal answer to this 
question. The prospects of the German party sys- 
tem might to a large extent depend on whether the 
CDU/CSU is able to stay in business as a large 
interdenominational middle-class party or whether 
it will revert to its former exclusively Catholic 
character. Only in the first case is there any ap- 
preciable chance that the new state will find a firm 
basis in the coexistence of two preponderant 
groups, the SPD and the CDU/CSU. 



THE POLITICAL EFFECTS OF THE ELECTION 

Wliat is the impact of the election outcome on 
the German political situation? Those groups 
which stand unconditionally for the reconstruc- 
tion of Western Germany on Western democratic 
patterns, i.e., the SPD and the CDU/CSU have a 



clear majority of 60 percent, and with the FDP 
of over 70 percent of the total vote cast. Beyond 
this, the area of dispute and doubt would seem to 
begin. Has the election really given a clear anti- 
Socialist mandate to the future Bundestag, as the 
defenders of Dr. Erhard's economic policy assert? 
To answer this que.stion positively would presup- 
pose that the election campaign was fought clearly 
around this issue and that the new Bundestag 
considers the problem of a planned versus a free 
economy as the focal political problem. But this 
is not the case. As matters now stand, the Bunde- 
stag will be pressed by many groups both from 
among its components and from without, and 
issues will be fought and compromises concluded 
according to the need and the strength of the 
groups concerned. Only the future can tell to 
what extent the new economic system that will 
arise from these pressures will have any similarity 
to what its adherents call a free-market economy. 
It remains also problematic to what extent refugee 
representatives working through their parties or 
as an intergroup will be able to take effective 
action for their "constituents." 

As to the future of German federalism, it is not 
likely that the elections have led to any substantial 
change of present positions. On paper, the party 
favoring greater decentralization of power and 
administration, the CDU/CSU, has come out as 
the strongest group; yet by necessity its leaders, 
once established in the government, will have to 
pursue centralizing policies to the extent that they 
can be made palatable to the CSU in Bavaria. In 
this connection much will depend on the degree of 
collaboration between the Bundestag and Bunde- 
srat. Close collaboration would enable the Lander 
to take an active part in the principal decisions of 
the central administration, even though the compe- 
tence of the Liinder will in the near future suffer 
new and inevitable restrictions. The problem of 
the future participation of the SPD in Land gov- 
ernments thus gains increased importance. It is 
likely that even after new diet elections have taken 
place in many Lander in 1950, the CDU/CSU will 
find it useful to continue associating the SPD with 
the Land governments. Should this happen, the 
area of collaboration between the opposition and 
the government would be substantially increased, 
and the latter would thus approximate a type of 
"third force government," resting both on middle- 
class and moderate labor's support. 

On three major points, the election results seem 



572 



Department of State Bulletin 



clearly to foreshadow future policies. The hope 
of the trade unions to have economic codetermina- 
tion, especially on a supra-enterprise basis, made 
a legal right for the whole of Western Germany, 
has been considerably dimmed by the election out- 
come. The same holds true of formal socialization 
schemes, to be enacted on an all-Western basis. 
On neither issue, however, is it yet clear whether 
the Lander, in the absence of Bund legislation, will 
be able to legislate on their own or whether the 
CDU/CSU will from the outset, either by appro- 
priate Bund legislation or through its influence in 
the Lander, exclude such a possibility. 

In addition, the elections have a vital bearing 
on an issue which, though it did not loom large 
in the election campaign, is of importance. The 
plurality of the combined CDU/CSU-FDP, which 



on this issue will have the support of the majority 
of the rightist groups, means the definite strength- 
ening of the higher bureaucracy which is likely 
to oppose the development of a more democratized 
type of civil service system that had been begun 
under Military Government auspices. 

Western German relations with the Allies will 
scarcely be affected by the election outcome beyond 
the fact that the clear defeat of communism and 
the absence of a strong extreme right in the Bund- 
estag will facilitate the work both of the German 
Government and the High Commissioners. Other- 
wise, whatever the party combination in power, 
it will inevitably be exposed to the necessity of 
following the path set by the opposition and of 
pursuing with the utmost vigor Germany's inter- 
ests as against all foreign powers. 



THE PROTECTION OF FOREIGN INTERESTS IN GERMANY 



In accordance with one of the recommendations 
made at the conclusion of the six-power discus- 
sions on Western Germany which were held in 
London from April 20 to June 1, 19i8, representa- 
tives of the Benelux countries, France, Great 
Britain, and the United States met in Paris at the 
• invitation of the French Goverimient from October 
25 to November 10, 1948, to consider problems 
relating to the treatment of foreign interests in 
Western Germany. The United States was repre- 
sented by Willard L. Thorp, Assistant Secretary 
for Economic Affairs, and Covey T. Oliver, then 
Acting Chief of the Division of Economic Prop- 
erty Policy, Department of State. 

The report prepared by the Inter-Governmental 
Group for the Safeguarding of Foreign Interests 
in Germany was submitted to the participating 
governments for such further action as they might 
see fit to take upon the thirty recommendations an- 
nexed to the report. The Benelux countries and 
France subsequently signified their acceptance of 
the recommendations. The British Government 
has signified its acceptance thereof with three res- 
ervations. On October 7 the United States trans- 
mitted to the other interested govenmients a 
memorandum indicating acceptance of the recom- 
mendations bv the United States with certain 



comments. This memorandum has also been 
transmitted to the United States High Commis- 
sioner for Germany with instructions to take such 
implementing action as may be appropriate from 
time to time. 

The full text of the report with the annexed 
recommendations prepared by the Inter-Govern- 
mental Group, together with the United States 
memorandum thereon, is reproduced below. 



MEMORANDUM 

The Government of the United States, having considered 
the Report of the Inter-Governmental Group for the Safe- 
guarding of Foreign Interests in Germany which met in 
Paris In October and November 1948, accepts the recom- 
mendation prepared by the Group, subject to the following 
comments upon certain of the recommendations. 

Recommendation 3 

The Government of the United States accepts this 
Recommendation subject to such implementing instruc- 
tions as have been or may be issued by the Joint Export- 
Import Agency or its successor organization. 

Recommendation 4 

In accepting this Recommendation, the Government of 
the United States wishes to point out, with regard to para- 
graph five, that early relaxation of current restrictions on 
transfer of Deutsche Mark earnings of existing property 
is not envisaged by the Occupying Powers. Thus, it is 



Ocfofaer 17, J 949 



573 



the opinion of the United States Government that no 
worth-while purpose would be served by OEEC considera- 
tion of the question at this time. 

Recommendation 6 

The Gciveinment of the United States has already In- 
dicated to the Governments concerned Its acceptance of 
paragraph one of this Recommendation and has explained 
to them the considerations which, after a complete review 
in Washinfcton and by the Military Governor, have re- 
sulted in its inability to agree to the suggestions made 
in paragraph two thereof. The Government of the United 
States agrees, however, with the reservation in the memo- 
randum of August 3, V.H'J, from the Government of the 
United Kingdom that the definition of United Nations' 
Interests in Economic Council Ordinance No. 71A shall 
not necessarily be regarded as a precedent for any sul>- 
sequent levies of that type and shall lie without prejudice 
to revision in a peace settlement. 

Recommendation 7 

The Government of the United States reserves its posi- 
tion on the question as to whether United Nations na- 
tionals have been subjected to measurable, suljstantial 
discrimination by reason of the blocking of their bank 
accounts. In this connection the Government of the 
United States notes tliat for a considerable period prior 
to currency reform the value of Reichsmark currency and 
accounts had become so dubious by reason of the prevail- 
ing inflationary condition in Germany that the oppor- 
tunities for United Nations holders of Reichsmark cur- 
rency and bank balances to convert them into other 
interests not suljject to currency reform would have been 
exceedingly limited, even if the proposed transactions 
were not otherwise objectionable. 



Recommendation 8 

This Recommendation is accepted by the United States 
Government with the understanding that "paramount 
necessity" shall arise only in instances where replace- 
ment of a piece of equipment removed as reparations from 
a particular plant is essential to the German economy and 
must be obtained from properties of United Nations 
nationals or companies owned or controlled by them, after 
every reasonable attempt has been made to get such re- 
placement from German properties. 

Recommendation 9 

In regard to paragraph three of this Recommendation, 
it is the position of the Government of the United States 
that United Nations nation.'ils should be free to dispose 
of their land holdings in Germany only to the extent that 
they do not thereby tend to defeat the economic and social 
objectives of land reform. 

Recommendations 14 and 15 

In regard to paragraph one of Recommendation 14, the 
Government of the United States notes that the non- 
German owners of Aachen coal mines are represented in 
the area by personnel who are in a position to study the 
economic situation of the properties, and that in fact the 
Governments concerned have already made certain eco- 
nomic presentations regarding the price of Aachen coal. 
Under the circumstances the Government of the United 
States entertains considerable doubt concerning the need 
at this time for additional experts to examine the matters 
covered by this part of the Recommendation, particularly 
in view of the fact that the representatives of the non- 
German owners of Aachen coal mines, are of course, free 
to undertake any studies and to offer such additional 
presentations as they may deem appropriate. 

In regard to paragraph two of Recommendation 14 and 



to Recommendation 15, the Government of the United 
States declares that its policy will be to prevent any situ- 
ation in which United Nations Interests in these industries, 
whether they are to be affected by paragraph seventeen 
of Military Government Law 7.5 or not, will be at a dis- 
advantage as compared with German interests respect- 
ing relief from debts incurred to meet working capital 
shortages arising from coal pricing policy during the 
Occupation prior to August 18, 1948, and from steel pricing 
policy if Id fact a similar situation existed. 



Recommendation 17 

The Government of the United States reaffirms the 
position taken by its Delegation on the matters pre.sented 
under this heading. It is noted that there was agreement 
among the Delegations in regard to the possibility of 
further consideration being given prior to a Peace Treaty 
to the question discussed in paragraph live of the Recom- 
mendation. While upholding the position of the United 
States Delegation in this regard the Government of the 
United States desires to state that further consideration 
of the question concerned has not revealed any possibility 
of a solution within the forseeable future. 



Recommendation 19 

AVhile accepting the principle of this Recommendation, 
the Government of the United States feels it nece.ssary to 
point out that the implementation thereof in particular 
instances may, under present circumstances, encounter 
considerable difficulty, in view of the fact that the records 
of the Konversionskasse are understood not to be avail- 
able to the authorities of the Western Zones of Germany. 
The Government of the United States further desires to 
record its understanding that this Recommendation is 
primarily concerned with preventing the extinguishment 
by unilateral, official German action of the foreign credi- 
tors' rights to be paid in .accordance with the terms of the 
pre-war contract, but that it does not necessarily require 
the re-a.ssumption by the German debtor of an obligation 
to pay in foreign currency where, pursuant to the former 
German regulations, he was required to make payments 
in local currency to the Konversionskasse in purported 
discharge of the debt. 



Recommendation 20 

The Government of the United States reaffirms the 
position of its Delegation on the question of the gold mark. 

Recommendation 24 

While accepting this Recommendation, the Government 
of the United States feels it necessary to state that it has 
considerable doubt concerning the feasibility of interim 
measures to alleviate the situation of United Nations na- 
tionals who have claims against the German Government 
in the field of social insurance. 



Recommendation 27 

In accepting this Recommendation, the Government of 
the United States notes that the situation referred to is not 
known to have arisen as yet and desires, furthermore, to 
state its understanding that the High Commissioners will 
be free to consider on their merits such individual cases as 
may arise in the indicated period, provided that com- 
panies wishing to resume business in Germany furnish 
Jlilitary Government with satisfactory evidence that they 
have available resources which they will use to meet in 
full approved claims arising out of insured losses In Ger- 
many, during the two-year period. 



574 



Department of State Bulletin 



Recommendation 28 

In accepting this Recommendation, the Government of 
the United States desires to record its understanding that 
the term commerce as used in paragraph one thereof re- 
lates to the merchandise trade and that the treatment to 
be accorded to exports and imports under the most favored 
nation rule of paragraph one is subject to internationally 
recognized exceptions, as set forth in the General Agree- 
ment on Tariffs and Trade. The Government of the 
United States wishes to point out furthermore that it 
understands the provisions for national treatment in para- 
graph two of the Recommendation to apply only in areas 
of business enterprise with respect to which Germany ac- 
corded such treatment to non-German nationals, either in 
general or of particular countries, in the period between 
World War 1 and 1933, either as a matter of policy or by 
reason of treaties and agreements concluded with other 
countries during that period. The Governtuent of the 
United States believes that the views above set forth on 
this Recommendation are in accord with the reservation 
in the memorandum of August 15, 1949, from the Govern- 
ment of the United Kingdom. 

In conclusion the Government of the United States 
wishes to state that in the period since the preparation 
of the Recommendations by the Inter-Governmental Group 
and pending the formulation of the views of this and the 
other Governments thereon, this Government has sought 
whenever practicable to follow the Recommendations in 
connection with the specific cases and particular questions 
of occupation policy which have arisen and to which the 
Recommendations are relevant. The following Recom- 
mendations have been applied on an ad hoc basis in this 
connection : 1, 3, 4, 6 (1), 11, 12, 16, 18, 26, 29. 



REPORT ON THE SAFEGUARDING OF 
FOREIGN INTERESTS IN GERMANY 

Introduction 

1. We were appointed as a result of the recommendation 
of the recent London Conference on Germany that : 

"The principle of non-discrimination against Foreign 
interests in Gernian.v be realHrmed and that each Govern- 
ment should promptly study the problem of safeguarding 
forei.gn interests in order that there may be subsequently 
established as close to September 1st, 1948, as possible 
an inter-governmental group to review the question and 
make recommendations to their Governments." 

2. We met. at the invitation of the French Government, 
in Paris on 25th October and, as the result of discussions 
begim on that date, we have prepared and agreed for sub- 
mission to our respective governments the recommenda- 
tions contained in the following report. 

3. Throughout the whole course of our discussions, and 
in making our recommendations, we have borne in mind 
that we are dealing with an interim condition and are not 
engaged in the preparation of a peace settlement. Accord- 
ingly we wish to place on record that our recommendations 
are made without prejudice to final decisions. These can 
only be made in connection with such a settlement and 
we think it necessary to emphasise that we are concerned 
not to prejudice rights which may be given to United 
Nations and their nationals under a settlement or to 
seek to pre-judge the issues which wiU then be for 
discussion. 

4. We have divided our report into eight sections each 
dealing with a closely connected group of topics and all 
relating to discriminatory treatment, to the re-establish- 
ment of Allied (or foreign) property interests in Germany, 
or to their protection In the future. We have introduced 



each section with a short statement indicating the general 
problems raised therein while our detailed recommenda- 
tions relating to items dealt with in these sections will 
be found in the Annex. 

5. It will become apparent that both during the war 
and since the capitulation the interests in Germany of 
United Nations property owners have, in comparison with 
those of German property owners, been subjected to meas- 
ures of discrimination and that over a wide field this has 
been true as well for companies constituted in Germany but 
owned by United Nations persons. One of the important 
causes of the discrimination which has occurred is the 
fact that during the war, property of United Nations 
nationals was subject in greater or less degree to the 
effects of German Trading with the Enemy legislation 
(naturally not applicable to the property of neutrals or 
ex-enemies) which provided, in general, for a replacement 
of the direct control of the owners by officials appointed 
by the German Reich. Otlier important examples of dis- 
crimination which we have examined are dfferent 
standards for payment of war damage compensation, and 
losses resulting from the improper application of wartime 
controls on other German legislation. 

6. Since the war foreign interests in Germany have 
come under the general control of Military Government 
and for a considerable period their owners were unable 
to exercise the normal rights of a property owner and 
continued to be subject to restrictions in the exercise of 
those rights to which German owners of property were 
not subjected. 

7. We should not wish it to be assumed that because a 
recommendation has been made no steps have been taken 
in that direction, or that in one zone or another the remedy 
suggested may not already be in force. 

8. The general severance of ordinary commercial and 
financial ties caused by the war, the removal of property 
from the free and unrestricted control of its rightful 
owners for as long as nine years and the final collapse of 
the German economic system with its progressive re- 
establishment in a different pattern have given rise to 
problems of complexity unparallelled in this field. Conse- 
quently it is no matter for surprise that the greatest con- 
cern has been expressed about the re-establishment of 
property rights, and a measure of early redress for past 
prejudice, or that fears have been voiced about the future 
of those rights. We have endeavoured throughout our con- 
siderations to keep a fair balance between the interests of 
Germany and of foreign countries, to avoid subjecting the 
German economy to strains which it could not bear and 
to confine our Recommendations to a limited redress for 
past prejudice and discrimination available at the moment 
while seeking a proper protection for the future within 
the framework of the new German economic structure. 



Section I 

REMOVAL OF CONTROLS AND RESUMPTION OF OWNERSHIP 
RIGHTS (RECOMMENDATIONS 1, 4) 

1. We have discussed at some length the general question 
of the resumption of the exercise of the rights of owner- 
ship by United Nations nationals over their property and 
interests in Germany, and we are of the opinion, which 
we believe is also held by the Military Governors, that 
subject to any compelling requirement in connection with 
the over-all economic position in Germany, United Nations 
property owners should resume to the fullest extent 
pos.sible the control of their property and property rights 
in Germany. In this section of our report we deal with 
the following subjects : 

(i) Decontrol of property; 

(it) Internal Restitution; 

{Hi) Precapitulation Contracts; 

iiv) Re-investment and disposal of property. 

2. Decontrol of Property. — Our proposals under this 
head are contained in recommendations which wiU be 



Ocfober 17, 1949 



575 



found to deal with such questions as the appointment by 
the owners of the responsible management of enterprises, 
the free use of funds and siniiliir matters. We have been 
Informed that, in spite of the facilities which exist, there 
remain a considerable number of properties under control 
of which the Military Governors are anxious to be relieved. 
With a view to spoedini.' this process we have made recom- 
mendation.s proviiiinK for lists of properties still held to 
be given to the Allied Missions and for publicity relating 
to the procedure of de-control. 

3. Internal Restitution. — This relates to the return of 
property in German to the original owner in cases where 
by the exercise of improper means, title in that property 
has passed from the original owners. We recommend that 
the principle adopted In the United States zone of allowing 
appeals to a non-German body be followed generally. 

4. Prepaid contracts for goods. — Difficulties have arisen 
in regard to the treatment of goods in Germany which 
were ordered before the capitulation or are in Germany 
for processing or in course of transit. Representations 
have been made that in these cases the owners are being 
required to pay once more for their own goods. We regard 
this as unjustifiable and we have made recommendations 
to deal with this problem. 

5. Re-investment and disposal of property. — This is one 
of the major instances of foreign prop»'rty owners receiv- 
ing, in Germany, worse treatment than the Germans. 
During the war. Allied property owners (but not all for- 
eigners) were denied the right to deal in their property 
and to invest their funds; since the capitulation, this has 
continued and has been extended to cover all foreign prop- 
erty owners. In accordance with the general principle 
of non-discrimination we have made a recommendation to 
the effect that this should cease and that, subject only to 
regulation in certain instances which appear in our recom- 
mendation, we consider that foreign property owners 
should be placed on a parity with Germans as concerns 
the investment and use of their property and funds. In 
this connection, we have made some observations concern- 
ing the transfer of profits. 



Section II 

WAR DAMAGE AND EQUALIZATION OF BURDENS (RECOM- 
MENDATIONS 5, 8) 

1. This section of our report relates to questions of 
payments to United Nations persons from schemes to com- 
pensate property owners for war loss and damage, to the 
treatment of their property in the event of the imposition 
of property taxes to meet war and similar charges, to the 
treatment of their blocked bank balances and to the re- 
allocation of equipment under Ordinance 21. 

2. Compensation for War damage. — Under German 
schemes, during the war, United Xations concerns were in 
the main precluded from beneflrting from war damage 
compensation then being paid. We consider that future 
payments from any schemes which may be introduced 
should provide for equality of treatment. 

,3. E(in(ili:at>ov o/ hurdens. — We have given considerable 
thought to the question of the taxation of property in 
which there is a substantial United Nations interest, in 
the event of an imposition of taxation to meet charges aris- 
ing out of the war. On the one hand it has been argued 
that the total exemption of such property from any prop- 
erty tax could lie justified as providing a certain measure 
of immediate redress for past discrimination over a wide 
field which must otherwise await the long deferred peace 
settlement. On the other hand it has been pointed out 
that redress of this kind would be uncertain in its results, 
might involve the receipt of unwarranted windfalls and 
would not he justified in principle if the sole purpose of 
such a ta.K were for ordinary governmental expenditure. 
We have reached an agreed recommendation .somewhat be- 
tween these two positions. Stated generally It recognises 
the accepted principle that United Nations persons should 



not be responsible for taxation directed to meet war 
charges, reserves to Military Governors powers to limit 
taxation on United Nations property and invites their at- 
tention to the question of the treatment of companies not 
wholly owned by United Nations interests but in which 
they have a majority holding. 

4. United Nations Blocked Bank Accounts. — We have 
considered the position of United Nations persons who by 
reason of the controls in force in Germany both during the 
War and after the capitulation were prevented from mak- 
ing use of their bank balances. Not merely did this mean 
that they were deprived of the opportunity of employing 
these sums in a profitable manner but also that monetary 
reform became effective there were greater sums subji"ct to 
conversion than there would otherwise have been if these 
liquid funds had been used in trade or industry. We have 
taken note of this position which however we feel is one 
which must await the peace settlement for treatment. 

5. Reallocation of Equipment within Germany. — Ordi- 
nance 21 in the Bizone provides, inter alia, that plant and 
equipment may be removed under orders of a Land Gov- 
ernment from one concern to another. We consider that 
in principle this procedure should not be applied to the 
plant and equipment of United Nations owned concerns 
save in the most exceptional circumstances ; where it does 
occur full compensation should be paid. 



Section ill 

PUBLIC OWNERSHIP AND DE-CONCENTRATION (RECOM- 
MENDATIONS 9, U) 

1. The treatment of United Nations property under 
schemes for public ownership and agrarian reform or un- 
der the deconcentration of industries immediately rai.^es 
questions of basic principle; for example, whether such 
property should be exempted from the scope of the schemes, 
and if not what conditions should be made to ensure that 
the property owners receive fair treatment in applying 
them. We have not taken the position that in itself the 
Iiresence of a United Nations' interest in property subject 
to measures of this kind is a sufiicient reason for a com- 
plete exemption of such property from the schemes. But 
we do consider that foreign property owners have the right 
to expect that in the application of any schemes of this 
kind their interests will receive protection, and, in so far 
as they are deprived of property thereby, that they will 
receive proper compensation (or new interests) compa- 
rable to what they have lost. Our recommendations in this 
section (which relate to public ownership and land reform, 
and de-concentration of industry other than mines, iron 
and steel) will be found to relate to the safeguards which 
we consider should properly be applied. 

2. Public Oicnership and Land Reform. — In connexion 
with the acquisition of the property of any United Na- 
tions person by a public authority in pursuance of a 
scheme of public ownership we consider that prompt, 
adequate, and effective compensation should be provided. 

Land reform procedure presents certain features pe- 
culiar to itself and it will be seen that we have made 
some specific recommendations, including a recommenda- 
tion that United Nations nationals be permitted them- 
selves to effect the reduction of their estates thereby per- 
mitting the economy of the country to which they belong 
to retain its foreign interests intact. 

3. Dr-concentration in general. — Under this heading we 
are dealing with the breakdown of large economic units 
into smaller parts which will themselves remain in pri- 
vate ownership. The problems are therefore somewhat 
different from those dealt with in the preceding para- 
graph. Under this heading, we are concerned to provide 
that United Nations interests shall themselves be given 
an opportunity to suggest or to comment upon reorganiza- 
tion plans and that these plans should provide for priority 
to United Nations owners in securing holdings in the new 
entities comparable with those which they formerly held 
in the present group. 



576 



Depoffmenf of State Bulletin 



4. De-concentration of I. O. Farben. — We have included 
a special recommendation on this concern applying the 
principles set out in Recommendation 12 so far as may 
be possible. 



Section IV 

MINES, IRON AND STEEL CRECOMMENDATIONS 12, 15) 

1. We have discussed at some length the many questions 
which arise from the very considerable volume of United 
Nations property interests in these basic industries which 
have been or may be the subject of measures of re-organi- 
sation by the various Occupying Powers. It is not merely 
property interests which are involved but various Dele- 
gations have empliasized the importance to their own 
economies of these industries in Germany and have argued 
strongly that alterations in the pattern of trade as it 
existed before the war have important reactions in their 
various countries and on their own industries. We are 
impressed by the arguments that have been advanced in 
this connection. There can be no doubt that industries 
in surrounding countries have in the past been closely 
linlsed by economic ties with the German coal and steel 
industries. In our view these are considerations which 
invite and merit study and recognition in matters con- 
nected with the distribution of products of these indus- 
tries. 

2. In addition we have had under consideration ques- 
tions relating to United Nations interests in these in- 
dustries arising from (a) measures of de-concentration 
ajid (6) the policy of price fixing. As regards the former 
of these, our recommendation is similar to that which 
we have formulated for de-concentration generally and 
provides an opportunity for United Nations nationals to 
retain their over-all interest in those industries. 

3. The questions raised by the policy of fixing local 
prices are two-fold. Firstly we have been informed of the 
pre-1934 price dilTerential in the Aachen coal-field ; we rec- 
ommend that the policy of price fixing in this area be 
examined. Secondly, we have been informed that the pol- 
icy followed until last August in fixing the price of coal 
has resulted in considerable losses with the result that 
many companies in which there are large United Nations 
interests have reached a serious position of indebtedness. 
We have made a recommendation to the effect that steps 
should be taken to prevent the interests of United Na- 
tions persons being put in jeopardy on this account. 

4. We have made a separate recommendation on policy 
in fixing iron and steel prices similar to that relating to 
coal prices. 

5. The Belgian Delegation has drawn attention to a par- 
ticular case relating to a salt mine of interest to their 
country and they have attached a statement on this point. 



liability which may ultimately arise. It has been repre- 
sented that the situation requires a foreign debtor to en- 
gage in a gamble. He has no data on which to compute 
the rislis attendant on leaving the transaction open for 
future settlement and the German debtor has no induce- 
ment to come to a private accommodation with his creditor 
since his maximum liability is fixed. 

3. We are in agreement with this criticism of the pres- 
ent effects of this Article. The uncertainty of the terms 
of settlement and of the date when it may be expected 
(if the debt is not accepted when tendered) prejudice the 
natural rights of the creditor to an undue degree. We 
have accordingly made a recommendation that United 
Nations creditors sliouid be given the right to accept the 
payment of debts tendered at the appropriate rate in the 
new currency without invalidating whatever rights they 
may be given in a final settlement and that those who 
have already refused payment shall be treated similarly. 

4. Special problems arising from Monetary Reform. 

(o) Reichmarli banli balances: Incorporated areas. 

The next question we have dealt with under this section 
relates to the treatment of the Reichsmark bank balances 
of financial institutions, other corporations and private 
persons who, by reason of the forcible incorporation of cer- 
tain areas into the Reich and Reich monetary system dur- 
ing the war, were subject to the forced conversion of their 
balances into Keichsmarks deposits with German banks. 
There is also the position of the Reichsmarks balances of 
those who were forced to work in Germany during the war. 
These are of no practical value to their holders at present. 
The view has been expressed that, in principle, these rep- 
resent obligations of the Reich and that claims lie against 
Germany and the former German Government on this ac- 
count. We do not dissent from this view. Nevertheless, 
we recognize that the delay in reaching a final settlement 
continues to prejudice Allied nationals and their Govern- 
ments. 

(6) Reichsmark banknotes held abroad. 

We have had similar representations regarding Reichs- 
mark banknotes held by former prisoners of war and others 
in like positions which the holders have not been permitted 
to exchange into Deutschemarks. It is evident to us that 
the question is a most difficult one with which to deal par- 
ticularly as the influx of a large volume of Reichsmark 
notes for conversion might well undo the benefits of mone- 
tary reform. If any concession is to be made it must evi- 
dently be strictly limited to well defined classes. 

We have accordingly recommended that the possibility 
of meeting one or more of these claims should be studied 
on the first favourable opportunity. 



Section VI 



Section V 

MONETARY REFORM (RECOMMENDATIONS 16-17) 

1. In the course of our discussions we have had fre- 
quent occasion to take account of the effects of monetary 
reform on other questions. While therefore this section 
of our report contains two items only, references to the 
effects of this measure will be found in other sections and 
will be found to have produced, or complicated, problems 
with which we have dealt elsewhere. 

2. Acceptance of Deutschemarks 6;/ United Nations 
creditors. — Under article 15 of the Third Law of Mone- 
tary Reform, a United Nations national has the option 
(o) of accepting payment of a Reichmark debt in Deutsche- 
marks at the appropriate rate, or (6) of refusing to accept 
payment when whatever rights he has remain in suspense. 
On the other hand, the German debtor is only required 
to meet the established Deutschemark requirement and is 
given a guarantee by the Land against any additional 

Oefober 17, 1949 

858188 — 49 3 



MAINTENANCE OF CONTRACTUAL RELATIONSHIPS CRECOM- 
MENDATIONS 18-22) 

1. General. — For all the Delegations present, it is a 
matter of importance that contractual relationships as 
established by the terms of the contract should be main- 
tained unimpaired until its terms are satisfied. The re- 
sults of the outbreak of war on contracts raise legal issues, 
in particular cases, of undoubted complexity but we see no 
reason to dissent from the general position written into 
the Peace Treaties already concluded and to accept as a 
general principle that the status of the original contract 
remains unaltered by the mere effects of the occurrence 
of a state of war and that the occurrence of a state of war 
does not, of itself, relieve a debtor from the obligation to 
pay his pecuniary debts in accordance with the terms of 
his original contract. Without such a provision the posi- 
tion of any creditor might be most seriously prejudiced by 
the action of his debtor or of the Government of his debtor. 
We have recommended to the effect that provision be 
made to continue the status of existing contracts. 

577 



2. Various speolal classes of contracts have been brought 
to our attention including: 

(a) Contracts Involving payments into the Konver- 
slODskasse ; 

(6) Contracts expressed in terras of the Gold Mark ; and 
(c) Contracts related to the Potash Ix)an. 

We deal with those three classes below. 

3. t'oreiyn cuni-nci/ lUhtn. — The Konversionskasse was 
an institution estalilished by the former German Reich 
for the purpose of providing a place of deposit for Reichs- 
niark payments in respect of obligations expressed in 
foreign currencies. Payments made were then transfer- 
red in due course in foreign exchange to tlie satisfaction 
of the foreign creditors. During the war the Konversions- 
kasse continued to receive payments in Reichmarks al- 
though outpayments in foreign exchange were stopped. 
Ftirther, in many cases payments of Reichsmarks were 
accepted at fictitious or arl>itary rates of exchange and 
paynjents were also made to this organ in respect of obliga- 
tions not properly serviced thereby. We do not consider 
the right.s of the creditor should be regarded as ex- 
tinguished by the making of such deposit.* and we have 
recommended accordingly leaving the rights in being. 

4. A further but subsidiary point arises in this con- 
nexion. Hitherto the foreign creditor has been unable to 
convert the foreign currency claims into Deutschemarks 
and use the proceeds within Germany. We recommend 
that this barrier should be lifted thereby securing to such 
creditors as desire to make use of the facility, the op- 
ix>rtunity of accepting settlement in Deutschemarks at 
the same time relieving the Reich of an obligation to pay 
in foreign exchange. 

5. Oold Mark. — The Delegations have expressed their 
point of view on obligations written with a "gold mark" 
clause. This does not form the subject of an agreed 
recommenil;ition but a statement of position of certain 
delegations is to be found in Recommendation n° 20. 

6. Potash Loan. — This is an involved question produced 
by the disintegration of the Potash Syndicate (whose basic 
assets are to some extent in Eastern Germany) and the 
sales agency which had been established for securing a 
gold loan at least half of which is still outstanding. The 
reorganisation of the potash industry (which would be 
of advantage alike to Germany and to other countries) is 
not a matter for this group. We have however been in- 
formed of the conditions attaching to the service of the 
Loan which was secured on the sales of potash abroad and 
on mortgages on property in Germany. Much of this 
security has been prejudiciMl by the disintegration of the 
Potash Syndicate and other events. The questions in- 
volved are of great complexity and in the time at our 
disposal we have not been able to solve them. Accordingly 
we have recommended that the views of the interested 
creditor groups on this and similar organisations should 
be invited to make proposals for consideration by the 
appropriate Governments. 

7. Prescription and Limitation of Action. — Closely con- 
nected with the maintenance of contractual obligations 
are the questions of periods of prescription and of limita- 
tion of rights of action. During the existence of a state 
of war persons .separated by the line of war found that 
they were unable to comply, within an expressed time limit, 
with many of the necessary legal formalities to keep their 
claims alive or to defend or prosecute actions. The long 
continuance of a technical "state of war" emphasises, in 
our view, the necessity for seeking that the rights of 
United Nations nationals in these fields do not s\iffer fur- 
ther prejudice and accordingly we recommend that the 
Military Governors be invited to study the implications 
of these q\iestions with a view of safeguarding rights still 
current or re-instating tbose which have expired during 
the war. 



Section VII 

INTERNATIONAL CONVENTIONS, AGREEMENTS AND RE- 
LATED MATTERS (RECOMMENDATIONS 23-28) 

1. The topics dealt with in this Section cover a wide 
field of subjects which are not themselves closely con- 
nected with one another but all of which on examination 
will be found to concern Germany in her relationship with 
other countries. Some of the questions stem from the 
past, some relate to the present and some look forward 
to the future ; in all of them something more than purely 
internal relations are at issue. 

2. Prc-tcar Commercial Treaties. — The unavoidable de- 
lay in settling (Jermany's external relations has, we are 
informed, made difficulties for some of her neighbours 
who, before the war, had special treaties of a commercial 
nature dealing with questions which inevitably arise be- 
tween adjacent States with interests in common. As an 
instance of this type of treaty we have been reminded 
of a German-Netherlands Treaty of 1920 relating to the 
exploitation of a coal-field on the boundary line. The 
questions raised are legal and technical on which we do 
not feel comi)etent to express an opinion. Nonetheless 
we consider that a case has lK>en establishetl to have 
undertaken a study of the problems involved in the re- 
establishment of the rights which flowed from this and 
other Treaties and we recommend that this should be 
done. 

3. Social Insurance. — The question of social insurance 
and of social insurance societies is one of particular im- 
portance since it concerns the interests of large groups 
of persons of the poorer classes who have contributed 
under such schemes in the past, who are beneficiaries 
under such schemes and whose sole means of support 
may be the payments to which they are entitled. In the 
past there were close connections between the schemes 
in force in some of the countries represented in the Grouii 
and Germany. The effect of the war in itself would un- 
doubtedly have affected these people, but the action of the 
Peich Government produced further complications in 
other directicms. In the first place thousands of people 
were forcibly deported to Germany where they had to 
contribute to German schemes and have since been unable 
to benefit from their contributions. Secondly the forcible 
incorporation of certain areas into the Reich and the 
Reich monetary system basically affected the assets of 
the societies operating from those areas leaving them with 
nothing but Reichsmarks securities or Reichsmarks claims. 
We recognize that the whole of this situation can only 
be cleared up at a peace settlement but we consider that 
the circumstances justify study now with a view to seeing 
whether any action is possible. 

4. Double toTation. — The principle of preventing double 
taxation by two different States on the same property 
or income is now generally accepted as a correct one and 
we recommend that its application in Germany be 
considered. 

.'). Industnj. Litcrmj and .Artistic Property. — The pres- 
ent position in Germany (where there is no Patent Office 
nr adherence to the Geneva Conventions on Patents) in 
regard to industrial, literary and artistic property is ex- 
tremely unsatisfactory. Further, the nine years which 
have expired since the outbreak of war have produced 
many anomalous and prejudicial results for Ignited Na- 
tions patentees. We have discussed some of the many 
questions which arise in this field of property and prop- 
erty rights which, we feel, is properly one for examination 
in detail by exijerts. We have accordingly contented 
ourselves with drawing attention to these problems and 
making a recommendation in general terms. 

6. Inxurnnce. — The question dealt with under this recom- 
niendiitinn relates to the conditions under which, for a 
limited period, we suggest United Nations insurers should 
be permitted to carry on business in Germany. We con- 






578 



Department of Slate Bullelih 



sider that these insurera ought not to be required, for a 

limited period, to reconstitute guarantee reserves, etc., 
which have disappeared during the war through reasons 
outside their control and we have recommended 
accordingly. 

7. Most-favotired-nation-fredtiiicnt etc. — We consider it 
necessary that powers should be reserved to ensure that 
Germany should not discriminate in matters of commerce 
in favor of, or against, any foreign country. Further we 
are much concerned to ensure that the powers be retained 
to secure that foreign interests operating in Germany (or 
to be established there) enjoy full national treatment in 
matters relating to the conduct of their businesses. We 
accept that, in the immediate future, there may be a period 
during which for administrative reasons the Military 
Governors may require to maintain some transitory regu- 
lations of a restrictive character. We trust, if this is so, 
that the restrictions will be recognized and treated as such 
and that the change-over to full national treatment will 
not be long delayed. 

S. As a special instance of discrimination our attention 
has been drawn to that contained in JEIA Instruction n° 11 
on which we have made a recommendation. 



Section VIII 



(RECOMMENDATIONS 29-30) 

1. General. — In this, the concluding section of our report, 
we deal with two topics, the Occupation Statute and the 
question of future consultation. 

2. Occupation Statute. — It has been clear from the trend 
of events for some considerable time that the German 
authorities have become less and less svibject to the direct 
control of the Military Governors and in the future it is 
to be expected that this process of transferring powers to 
responsible German authorities will be accelerated. In 
this connection the Group has been reminded of the prac- 
tices of the Reich Government, of its Agencies, and of trade 
and other associations acting under its authority, toward 
foreign property and foreign business concerns in Germany. 
There is a long history of unsatisfactory treatment in these 
matters and fears have been expressed, not in our view 
without foundation, that as the German authorities regain 
their independence of action there may be a recrudescence 
of these practices. We wish to place on record that we 
attach great importance to the retention to Military Gov- 
ernors of powers relating to the safeguarding of United 
Nations property interests and the maintenance of the 
principle of non-discrimination. We have not sought to 
particularize this recommendation further but the areas 
within which discrimination is most possible are well 
known. 

3. Further Meetings. — We have adopted a recommenda- 
tion relating to future consultation on matters of principle 
if this should be desirable. 



ANNEX— RECOMMENDATIONS OF THE 
INTERGOVERNMENTAL GROUP 

Recommendation 1 

REMOVAL OF CONTROLS AND RESUMPTION OF OWNERSHIP 
RIGHTS 

1. Decontrol of Property ' 

1. The Intergovernmental Group takes note of the desire 
of the Military Governors that foreign property owners 
resume the full control of their property in Germany and 
recommends to the Governments that the Military Gov- 
ernors be directed to take whatever further legislative 
or administrative steps may be necessary to facilitate this 



resumption. It recommends in particular, but not by way 
of limitation, that foreign owners shall not be subject to 
any restrictions not applicable to property owners in 
general relating to : 

(a) The management of a business in accordance with 
its articles of association ; 

( 6) The appointment of personnel ; 

(c) The use and disposal within Germany of funds and 
property, as provided in Recommendation 4. In resuming 
control of their property, foreign owners shall be entitled 
to the accounts and records of their property while under 
custodianship and to require a report of management from 
the custodian. 

2. The Group recommends that the Military Governors 
make available to United Nations Governments concerned, 
through their missions in Germany or otherwise, lists of 
the properties belonging to their nationals which still re- 
main under custodianship. 

3. The Group recommends that publicity be given in 
their countries to the procedure for securing the resump- 
tion of control over property with a view to relieving the 
Military Governors of the work and responsibility of cus- 
todianship at the earliest possible opportunity. 

4. The Group recommends that the necessary measures 
be taken to ensure liberalization of the present system of 
granting military pei'mits, to facilitate the entry into Ger- 
many of United Nations property owners, to supervise the 
management of their business and the exit of their repre- 
sentatives to give account of their management. 

Ir is understood that foreign owners or their representa- 
tives will make their own arrangements regarding their 
transportation and accommodation to the extent that tlie 
Occupying Powers cannot provide these facilities. 



Recommendation 2 

INTERNAL RESTITUTION 

The Intergovernmental Group recommends to the Gov- 
ernments that the Military Governors be invited to take 
measures providing for apijeal to a non-German body 
regarding matters of internal restitution, similar to those 
already taken in the American Zone of Occupation. 

Recommendation 3 

PREPAID CONTRACTS FOR GOODS 

The Intergovernmental Group recommends to the Gov- 
ernments that the Military Governors be directed to per- 
mit the export from Germany, without further payment 
in respect of any advances alreaidy paid under pre- 
capitulation contracts, of: 

1. Goods manufactured in Germany for United Nations 
nationals where title to such goods has passed under 
German law; 

2. Goods owned by United Nations nationals which were 
shipped into Germany under customs bond for processing ; 

3. Goods in transit through Germany at the time the 
occupation began. 



Recommendation 4 



REINVESTMENT AND DISPOSAL OF PROPERTY 

1. The Intergovernmental Group has taken note of the 
situation relating to the blocking of property, as defined 
in Law 5i, owned by foreign nationals and recommends 
that in general such property shall be placed at the dis- 



' This does not relate to coal, iron and steel properties 
under the Trusteeship Plan now under consideration, or 
to I. G. Farben. 



October 17, 7949 



579 



posal of its owners, free of any restrictions other than 
those applicable to the proi)erty of German owners resident 
tn Germany. 

2. The Group recognises that special considerations 
may apply : 

(o) To the acquisition by foreign owners of new or 
Increased interests in critical industries or where undue 
concentration of economic power may result from such 
acquisition, and 

(6) To transfers of projierty in Germany between per- 
sons both of whom are resident outside Germany. 

It considers that transactions falling under these de- 
scriptions may well be the proper subjects, in the interests 
of the German economy, fur a system of regulation, which 
it recommends should be as liberal as the circumstances 
permit. 

■3. If, and in so far as, authorization may be required 
for dealinj; with the property of foreign owners, the 
Group recommends that a rei)resentative of a United Na- 
tions interest shall be entitled to .support his application 
before the appropriate authority before it is refused. 

4. The Group recommends to the Governments of the 
Occupying I'owers that these proposals be made effective 
in Germany with the least possible delay. 

5. The Group deaws attention to the fact that for ef- 
fective rehabilitation of United Nations interests in Ger- 
many facilities should be provided as soon as possible for 
tran.sferriug the Deutschemarks earnings of their existing 
property. The Group suggests that, insofar as Intra- 
European balances of payments might afiford a possibility 
for making such transferts to the participating countries 
concerned, the question is appropriate for consideration by 
the O. E. E. C. 

Recommendation 5 

COMPENSATION FOR WAR DAMAGE 

The lutergoverumentul Group recognizes that decisions 
regarding the nature and amount of compensation for war 
damage to United Nations interests in Germany must 
await a definitive settlement in the nature of a Peace 
Treaty. 

The Group recommends to the Governments that for- 
eign interests in Germany should participate on the same 
basis as German interests in any war damage compensa- 
tion which may be provided by German or Military Gov- 
ernment legislation, it being understood that the receipt of 
any such compensation will be taken into account in such 
final settlement. 



(6) In exercising this pover the Military Governors 
shall 

(i) give effect to the principle which has been written 
into the Italian and Satellite Peace Treaties and which Is 
equally appropriate to Germany, tliat United Nations 
prop<'rty shall not be liable for special taxes imposed for 
the specific purpose of meeting charges arising out of the 
war ; 

(ii) ensure that tax as.so.ssments and tax liens on 
United Nations property resulting from the enactment of 
equalization of burdens legislation of the sort envisaged by 
Article 29 of the Third Law of -Monetary Reform shall be 
provisional if the tax is in any appreciable way related to 
the purpose mentioned in paragraph (6) (i) above, and 
subject to final determination in connection with the peace 
treaty. 

(c) For the purpose of paragraph (6) (ii) above, the 
Group recommends that United Nations nationals should 
include indiviciuals of United Nations nationality. Com- 
panies organized under the laws of the United" Nations 
together with, companies organized under the laws the 
Germany, beneficially owned, directly or indirectly, by such 
persons, except for qualifying shares. 

2. The Group suggests that the Military Governors be 
Invited to consider whether special treatment can be given 
to companies organized under the laws of Germany in 
which majority interests are held by United Nations per- 
sons. 

To this end, the Benelux and the French Delegations sug- 
gest that paragraph 1 (&) (ii) above should apply also to 
the majority holdings and that, if this were impossible for 
technical reasons, the levying of rates and taxes might be 
contemplated and that, pending a final settlement by peace 
treaty or otherwise, it should be possible to deposit in a 
blocked account in their favour a fraction equal to the 
percentage of the holding. 



Recommendation 7 

The Intergovernmental Group has taken note of the dis- 
crimination which has occurrofl by reason of the blocking 
of the bank accounts of United Nations nationals and the 
consequent effect on them of monetary reform. The Group 
recommends to the Governments that regard be had in a 
final settlement in the nature of a peace treaty to the ques- 
tion of claims which may have arisen by reason of this 
discrimination insofar as It has not been found possible to 
give earlier redress. 

Recommendation 8 



Recommendation 6 

EQUALISATION OF BURDENS 

1. The Intergovernmental Group notes that Article 29 
of the Third Law of Monetary Reform instructs the Ger- 
man authorities to consider losses caused by reparations 
removals and the vesting of German external assets, as 
well as losses resulting from currency reform, in connec- 
tion with the preparation of draft legislation on the equali- 
zations of burdons. The Group also notes that no authori- 
tative drafts have been prepared and that it cannot be 
predicted at this time whether any such legislation will 
finally be approved, or if a approved, what the exact nature 
of it will be. The Group recommends to the Governments 
that the Military Governers be informed that the follow- 
ing should be applied in their review of any German legis- 
lation on equalization of burdens which may eventually be 
proposed : 

(a) Power should be reserved to the Military Governors 
to decide within what limits any special levy on property 
or any taxes for the equalisation of war losses shall be 
applied to United Nations property : 



REALLOCATION OF EQUIPMENT WITHIN GERMANY 

The Intergovernmental Group recommends to the Gov- 
ernments that the Military Governors be requested to take 
the necessary steps to prevent, except in cases of para- 
mount necessity, the reallocation and transfer of equip- 
ment within Germany belonging to United Nations na- 
tionals or to companies owned or controlled by them, by 
way of equalization of the effects of reparations. 

All transfers of such equipment shall receive adequate 
compensation. 



Recommendation 9 

PUBLIC OWNERSHIP (O AND LAND REFORM 

1. The Intergovernmental Group recommends to the Gov- 
ernments that the Military Governors be directed to adopt, 

' The French Delegation declares that Its acceptance 
of the recommendation on public ownership is without 
prejudice to the French position concerning the problem 
of ultimate ownership of the coal, iron and steel industries 
of the Ruhr. 



580 



Department of Sfafe Bulletin 



or to maintain if already adopted, the policy of preventing 
or suspending the application to foreign property interests 
in Germany of measures of public ownership, land reform 
or other takings of property, unless the German gov- 
ernmental agency concerned has satisfactorily provided for 
prompt, adequate and effective compensation in conformity 
with the requirements of international law. 

2. Considering that extensive nationalisation of Ger- 
man heavy Industry and natural resources whould Involve 
problems of great significance for the Governments they 
represent, the Group recommends to the Governments that 
consultation under Annex A, paragraph 4 of the Report 
of the London Talks on Germany be held before the ap- 
proval of any such measures by the Occupying Powers. 

3. The Group recommends that the Military Governors 
be invited to consider steps to enable United Nations 
nationals to reduce their estates by sale to the hectarage 
permitted under land reform measures. 

4. The Group recommends that the fears expressed by 
certain Delegations regarding the possible effect of land 
reform as applied to land in which there are mining or 
other industrial interests be brought to the attention of the 
Military Governors. 

5. (a) The Benelux, French and United States Delega- 
tions wish to call to the attention of the Governments the 
desirability of providing as soon as practicable for the 
reference to international adjudication or arbitration of 
such foreign claims for compensation resulting from 
public ownership and land reform measures as are not 
satsifactorily settled by the exhaustion of the judicial or 
administrative remedies provided in Germany. 

(6) The United Kingdom delegation regret that they 
are unable to concur in the terms of paragraph 5 (o) . 

They agree with the other Delegations that the question 
of a system of international adjudication or arbitration is 
worthy of study. But they fear that the text proposed 
may have implications which have not been fully appreci- 
ated and they are not clear about the extent to which the 
system proposed can be integrated with the judicial system 
In Germany under the Occupation Statute or reconciled 
With the obligations of the Military Governors. 

Accordingly, they propose as an alternative to para- 
graph 5 (a) that the Governments of the Occupying 
Powers be invited to consider the questions involved in the 
possible establishment of a system of adjudication or 
arbitration (whether international or not) for dealing 
with foreign claims for compensation resulting from public 
ownership and land reform measures. 



Recommendation 10 

DECONCENTRATION IN GENERAL 0) 

The Intergovernmental Group recommends to the Gov- 
ernments that the Military Governors be asked to permit 
the United Nations interests concerned, through their 
Governments or otherwise, to present or to comment upon 
reorganization plans in order to safeguard their interests, 
before any measures of deconcentration affecting these 
interests are applied to them. 

The Group further recommends that, where United Na- 
tions interests are affected by deconcentration measures, 
the shareholders in the old company will, to the extent 
possible, be given a priority in obtaining, corresponding 
holdings in the new companies arising out of the reor- 
ganization. 



Recommendation 11 

DECONCENTRATION OF I. G. FARBEN 

The Intergovernmental Group recommends to the Gov- 
ernments that the Military Governors in carrying out 

' This does not apply to iron, steel and coal under the 
"Trusteeship Plan" and to I. G. Farben. 

October 17, 1949 



deconcentration measures in I. G. Farben apply the prin- 
ciples laid down in Recommendation 12. 



Recommendation 12 



REORGANIZATION UNDER THE TRUSTEESHIP PLAN 

The Intergovernmental Group recommends to the Gov- 
ernments that the Military Governors be requested to in- 
vite United Nations stockholders in companies reorganized 
under the "Trusteeship Plan" to submit, through their 
Governments or otherwise, requests for participation on 
an equitable basis in the new companies formed. 

The Group also recommends that the Military Governors 
be invited to study the possibility of carrying out cor- 
porate reorganizations under the "Trusteeship Plan" in 
a way that will prevent forced reduction in the over-all 
percentage of United Nations ownership in those indus- 
tries which remain in private ownership. 



Recommendation 13 

DISPOSITION OF COAL 

The Intergovernmental Group recommends to the Gov- 
ernments that the Military Governors be Invited to take 
into account the desirability of reestablishing, to the 
extent possible under the regulations governing the al- 
location of German coal, deliveries of coal to the United 
Nations owners from their mines in Germany as they 
took place before the nazi regime.* 

Recommendation 14 

COAL PRICING POLICY 

The Intergovernmental Group recommends to the Gov- 
ernments that the Military Governors be asked: 

1. To arrange as soon as possible for experts of the 
interested countries to examine the economic and financial 
situation of the Aachen coal mines, with a view to rec- 
ommending the returns that the mines should receive for 
the coal produced by them. 

2. To ensure that United Nations ownership interests 
in Ruhr-Aachen coal fields shell not be jeopardised as 
a result of debt claims against them incurred as a result 
of coal pricing policy during the Occupation and prior to 
August IS. 1948.' • 



' The Netherlands Delegation draws special attention to 
the case of the Sophia-Jacoba mine, 50 per cent of whose 
production was put at the free disposal of the Nether- 
lands owners by the Treaty of 1920 between the Nether- 
lands and German Governments. 

° The Netherlands Delegation draws special attention 
to the Treaty of 1920 between the Netherlands and Ger- 
man Governments and its bearing upon this subject with 
regard to the Sophia-Jacoba mine. 

"The Belgian delegation has raised the question of 
the Salt mines belonging to a Belgian Company, which had 
worked them mainly in order to obtain the essential raw 
material for soda production in Belgium. 

The Belgian Company is, at present, obliged to pay in 
dollars and at a virtually prohibitive price for the salt 
from its own mine which only receives the cost price in 
marks. 

The Belgian delegation expresses the desire that the 
Military Governors should re-examine the question of the 
sale price of the salt and should authorize the Belgian 
Company to dispose freely of the production as soon as 
circumstances shall permit. 

581 



Recommendation 15 

IRON AND STEEL PRICING POLICY 

'i'lie Iiili'inovcniiiii'iital (Jrimii recommeiids to the Gov- 
ernments that the Military Governor be invited to consider 
the apjilicalion of the principle expressed in paragraiih - 
(if 111 iiijiiendation 14 to prevent jeopardy to T'nitcd Na- 
tioii^ iiiLrrests in the iron and steel producing industry. 



Recommendation 16 

ACCEPTANCE OF DEUTSCHEMARKS BY UNITED NATIONS 
CREDITORS 

The Intergovernmental Group recommends to the Gov- 
ernments that Ihe Military Governors be invited to ensure 
that the acceptance by a United Nations national of the 
payment of a debt at the rate provided under Articles 
16 of the Third Law of .M<inetary Reform shall not be 
deemed in itself to have finally extinguished his right to 
participate in whatever further puyments there may be 
to United Nations nationals in tlie linal settlement of their 
credit claims expressed in Reichsniarks. It is understood 
that the United Nations creditor, who, according to tiie 
terms of Article lo of the Thirii Law on Monetary Reform 
had notifietl his debtor of his refusal to accept the conver- 
sion of his debt at the rate providtnl under article 16 will 
be allowed to cancel his refusal and will be granted the 
advantages provided under the above ijaragraph. 



Recommendation 17 



The Benelux and French delegations further consider 
that, In view of the importance of these questions, all of 
them should be the subject of study by the governments 
concerned at the first favourable ojiportunity. 

The United States delegatii>n, while not denying the im- 
portance of these questions, is of the opinion that it will 
not he possible to give further consideration to the first 
four of them except in connection with a definitive settle- 
ment In the nature of a peace treaty. 

Like the United States delegation, the United Kingdom 
delegation does not deny the imixirtance of these questions. 
It would not, however, exclude the possibility of a favor- 
able opportunity for study of all but the first of these 
questions arising before a jieace treaty. 



Recommendation 18 

CONTRACTUAL RELATIONSHIPS 

1. The Intergdvernmenial Group recommends to the 
Governments that it should be accepted as a general prin- 
ciple in considering the relationship of German debtors 
with United Nations creditors that the state of war should 
not, in itself, be regarded as having impaired the terms 
of tile original contracts. In consequence a German debtor 
is not relieved, by the existence of a state of war, from his 
obligation to pay pecuniary debts arising out of contracts 
which existed, or rights which had been acquired, before 
the outbreak of a state of war which are now, or may sub- 
sequently become, due for payment. 

2. Further, the Group recommends that the Military 
Governors should be Invited to retain such powers as may 
be necessary to ensure that these principles are observed. 



SPECIAL PROBLEMS RAISED BY MONETARY REFORM 

The Benelux and French Delegations have drawn tie 
attention of the Intergovernmental Group to the following 
questions : 

1. During the war, the custodians invested a consider- 
able portion of the funds entrusted to them in Treasury 
Bonds, Reich loans or Oerniany public bodies; 

2. TTie complete or partial incoriioration of their terri- 
tories during the war cause<l certain goveinnients, after the 
war, to convert into national currency, at the official rate, 
the Reichsmark accounts in the banks of the said terri- 
tories ; thus these governments have taken over the rights 
of the banks and have become the owners of large deposits 
in German banks, which it has been imiwssible so far to 
utilize; 

3. Apart from deposits in local banks, individuals and 
corporate bodies, resident or having their seat in these ter- 
ritories, have been obliged in tJieir transactions with Ger- 
many to keep accounts in banks in Germany. 

4. In tlie annexed territories, public organisations and 
Institutions, and also bodies corporate were obliged by 
higher authority to make deposits in Reichsniarks and to 
Invest in German Treasury bonds, State loan issues or 
German publics bfxlies ; 

5. At the moment of the liberation, some Allied Govern- 
ments were obliged to take over and to convert into their 
national currency, Reichsbank notes mainly from two 
sources : 

1. Notes circulating in territories having been incor- 
porated with the Reich. 

2. Notes brought back back from Germany by prisoners, 
displaced persons and workers. 

Under law No. 53, it was impossible for these Govern- 
ments to deposit these notes in Germany for conversion at 
the moment of the currency reform and they thereby suffer 
serious prejudice. 

The Group agrees that a final solution of these questions 
cannot be found before a definitive settlement in the nature 
of a peace treaty. 



Recommendation 19 

FOREIGN CURRENCY DEBT 

Tlie Intert-'overnmental Group takes note of the fact 
that under pre-Occupation German decrees payments were 
made to the Konversionskasse in Reichmarks in respect 
of debts expressed and dischargeable in foreign currency, 
often at arbitrary and fictitious rates of exchange. 

The Group recommends to the Governments that the 
Military Governors should ensure that in German law 
the rights of the foreign creditors are not extinguished 
until the obligation of the debtor has been properly met. 
It is the view of the Group tliat in the future a foreign 
creditor will be free to take payment in Deutschemarks 
for a debt expressed in foreign currency if it is offered to 
him. 

Recommendation 20 

GOLD MARK 

Thr ISrifish Delegation has outlined the problem of the 
gold mark as follows: 

After the 1023 inflaticm in Germany, the use of the gold 
murk device in credit relations became wi<lespread in the 
face of the fluctuating value of the mark ; under this de- 
vice, the creditor secured under the terms of his con- 
tract that the amount of Reichsmark recpiired to service 
or discharge a debt should be related to the current price 
of gold. Considerable sums of money were advanced by 
foreign lenders secured in this way, either directly or indi- 
rectly in the form of loans secured on internal Gennan 
mortgages expressed in gold marks. 

In 1040. the Reich Government, in an attempt to bolster 
up the value of the Reichsmark, issued a decree estab- 
lishing the parity of the Reichsmark and the gold mark, 
thus impairing the terms of contracts secured in this way 
and destroying the safeguard. Although a number of 



582 



Deparlmenf of State Bulletin 



German court decisions, to the effect that this decree ran 
counter to the principles of the German Civil Code which 
were overriding, prevented discharge of gold mark debts 
in some cases, the Military Governors have by legisla- 
tion in the Bizone reaffirmed the principles of the Reich 
decree. Further, the parity between the Reichmarli and 
the gold mark was stated once more in Article 13 of the 
Third Law of Monetary Reform. 

There are at present two safeguards which are avail- 
able to prevent the service or discharge of debts expressed 
In gold mark which are oweed to United Nations na- 
tionals : first, a license is required under Law 53 ; second, 
under Article 15 of the Tliird Law of Monetary Reform 
a United Nations creditor has the option of refusing to 
accept payment in Deutschemarks in service or discharge 
of a debt expressed in Reichsmark (to which gold mark 
are equated by Article 13) and that thereafter the debt 
is unenforcable until a later settlement. The effect of the 
former depends on licensing practice in the two Zones ; 
the latter does not safeguard the position of foreign credi- 
tors whose loans were legally secured on internal mort- 
gages expressed in gold marks. 

After having heard the above, the Benelux, French 
and United Kingdom Delegations consider that the main- 
tenance under German law of the parity between the 
Reichsmark and the gold mark is a clear case of con- 
tractual rights being impaired by legislative action, the 
reason for which (the maintaining of the value of the 
Reichsmark) has disappeared since currency reform, and 
that a remedy is required of the spirit of the Intergov- 
ernmental Group's Recommendation 18 is to be observed 
in this sphere. They accordingly recommend that the 
Military Governors should be directed : 

(0 to revoke the Reich Decree and the Militai-y Gov- 
ernment legislation so far as they affect the contractual 
rights of persons outside Germany, and to consider what 
amendment of Article 13 of the Third Law of Monetary 
Reform is required ; 

(u) to ensure that pending such action no license is 
granted for the service or discharge of a debt to a person 
outside Germany expressed in gold mark or legally se- 
cured on an internal mortgage expressed in gold mark. 



UNITED STATES POSITION ON THE GOLD MARK 

The United States Delegation regrets that it cannot 
concur in the above recommendations on the gold mark. 
The United States delegation is of the opinion that the 
gold mark problem as regards foreign creditors cannot 
be finally resolved until there is a definite settlement in 
the nature of a peace treaty and that for the interim 
rights of foreign gold mark creditors are as adequately 
protected as is possible, given the currency situation in 
Germany. If further measures of relief are possible be- 
fore a final settlement, it is believed that they should be 
proposed to the appropriate Allied financial bodies in 
Germany, and it is understood that the American Military 
Governor is prepared to discuss the matter with his 
colleagues. The following observations give further in- 
dications of the reasons the United States delegation has 
had difficulty with the foregoing recommendations. 

1. The gold mark was a unit of German currency, and 
debts expressed in gold marks were not uncommon be- 
tween Germans themselves. It is difficult to see liow debts 
expressed to foreigners in this unit could plausibly, in 
connection with currency reform, be distinguished from 
other debts expressed in this unit. 

2. The Military Government Decree permitting the dis- 
charge of gold mark obligations in Reichsmark and Article 
13 of the Third Law on Monetary Reform, which treats 
gold marks and Reichsmark identically as I'egards con- 
version into Deutschemarks, do not seem to the United 
States Delegation to have involved the same consideration 
that allegedly caused the former German Government to 
issue the 1940 Decree. Additionally, it would seem com- 
pletely unrealistic, given the currency situation in Ger- 



Ocfober 17, 1949 



many during the Occupation and prior to currency reform, 
to assume that any German currency would have any 
value whatever in terms of gold. 

3. United Nations creditors whose claims are expressed 
in German currency (including gold marks) are given the 
privilege under the Third Law of Monetary Reform (Art. 
15) to refuse the tender of Deutschemarks at the estab- 
lished conversion ratio and to maintain their claim in old 
units of German currency, including the gold mark. The 
Intergovernmental Group has recommended that this priv- 
ilege be further extended to permit United Nations cred- 
itors to take Deutschemarks when tendered, without preju- 
dicing their claim to the remainder of the Reichsmark (or 
gold mark) claim. 

4. United Nations creditors whose claims are expressed 
in foreign exchange, the debt being secured by Internal 
German mortgages expressed in gold marks, admittedly are 
indirectly affected by the measures complained of. How- 
ever, the claim itself remains, and the United States Dele- 
gation does not see how a special exception could be made 
for foreign creditors in a situation which, as to the secu- 
rity, involves an internal German debtor-creditor relation- 
ship expressed in gold marks. 

5. There is ample precedent in currency reform pro- 
grams in other countries in the past, for regarding the 
use of currency in gold terms in contracts as a currency 
commitment and not a commodity commitment, and there- 
fore subject to modification in terms of new currency. 



Recommendation 21 

POTASH LOAN 

The Intergovernmental Group takes note of situations 
resulting from the disintegration of certain German debtor 
organizations, such as the Potash Syndicate. The Group 
recommends to the Governments that they invite the inter- 
ested creditor groups to .study these situations with a view 
to formulating proposals, which the Governments would 
ask the Military Governors to consider sympathetically. 



Recommendation 22 

PRESCRIPTIONS AND LIMITATION OF ACTIONS 

The Intergovernmental Group, having taken into account 
SHAEF Law no. 2 and taking into account the position of 
United Nations nationals who, since the outbreak of war 
have been unable, owing to the existence of a state of war, 
to observe prescriptive periods or those for beginning law- 
suits or pursuing related legal remedies : Recommends to 
the Governments that the Military Governors be invited 
to consider whether legislation is required to remedy preju- 
dice caused by the effect of periods of prescription and of 
limitation of action upon the rights of United Nations per- 
sons during or since the war. 



Recommendation 23 

PREWAR TREATIES 

The Intergovernmental Group draws the attention of 
the Governments to the problems resulting from the long 
delay of an ultimate settlement by peace treaty with regard 
to established property rights of United Nations nationals 
under pre-war treaties, and suggests that they be studied. 

In this connection, the Netherlands delegation draws 
special attention to the provisions of the Treaty between 
the Netherlands and German Governments, concluded in 
1920, granting facilities for the exploitation of Dutch- 
owned coal mine-concessions in Germany near the Dutch 
frontiers. 

583 



Recommendation 24 



SOCIAL INSURANCE 



The Iiitergovernniontal Group having taken a note of the 
position and claims: 

(a) Of United Nations nationals who, before the war, 
had rights under various social insurance schemes and 
conventions in force with tlie former German Government ; 

(6) Of United National Nationals who during the war 
were forced to work in Germany and to pay insurance con- 
tributions there ; and 

(r) Of tliese social insurance societies carrying on busi- 
ness on territories forcibly incorporated in the Reich dur- 
ing the war, 

considers that in principle these claims lie against the 
former German Government and are not susceptible of 
a tinal determination until a peace settlement. 

Nevertheless,the Group recommends to the Govern- 
ments that the Military Governors be invited to study 
the issues raised with a view of seeing whether interim 
measures can be taken to alleviate, to some extent, the 
prejudice suffered. 



Recommendation 25 

DOUBLE TAXATION 

The Intergovernmental Group recommends to the Gov- 
ernments that the Military Governor.s l)e invited to con- 
sider the steps which can be taken In Germany to avoid 
the incidence of doul)le taxation on foreifin nationals. 

Recommendation 26 

INDUSTRIAL, LITERARY AND ARTISTIC PROPERTY 

The Intergovermnental Group recommends to the Gov- 
ernments tliat the Military (Jovernors be Invited to take 
as soon as possible, the necessary steps to ensure the pro- 
tection in Germany of the industrial, literary and artistic 
property rights belonging to foreign nationals. 

Recommendation 27 

The Intergovernnwntal Group recommends to the Gov- 
ernments that the Military Governor be invited to retain 
during the occupation i)erlo<i such powers as may be 
necessary to ensure that for a period of not less than two 
years from January 1, 1!)41), subject to review, if an 
insurer, being a United Nations national, wishes to resume 
operation in Germany and if the necessary guarantee 
deposits or reserves required in Germany formerly 
furnished by him have diminished in value, or have been 



lost or destroyed, he shall not be required to deposit new 
guarantees or reserves. 



Recommendation 28 



NATIONAL AND MOST-FAVORED-NATION TREATMENT 

The Intergovernmental Group recommends to the Gov- 
ernments that: 

1. Foreign countries and their nationals shaU enjoy 
national and most favored nation treatment in all matters 
relating to commerce ; 

2. They emphasize to the Military Governors the great 
imijortance of the principle of national and most favored 
nation treatment for foreign interests in matters connected 
with the establishment and conduct of business in 
Germany; and further, that the Military Governnors be 
directed to eliminate as rapidly as is consistent with 
problems of internal administration, shortages of facilities 
and the needs of the Occupation, any existing discrimina- 
tion against foreign interests in this regard ; 

3. The attention of tlie Group having l)een drawn to 
the effect od JEIA Instruction N" 11 on foreign-owned 
shipping, forwarding and transport agencies, the Group 
recommends to the Governments that they request the 
Military Governors to review the Instruction in the light 
of this Recommendation. 

The Group draws attention to the statement on reci- 
procity in Paragraph 2 of Annex E to the Report of the 
London talks on Germany. 



Recommendation 29 

OCCUPATION STATUTE 

The Intergovernmental Group recommends to the Gov- 
ernments that the Military Governors be invited to ensure, 
in the terms of any Occupation Statute, that powers are 
reserved to them necessary to secure the safeguarding of 
United Nations interests in Germany and the maintenance 
of the principle of non-discrimination. 

Recommendation 30 

FUTURE MEETINGS 

The Intergovernmental Group recommends that the Gov- 
ernments should keep under continuous review the question 
of ensuring non-discriminatinn and the safeguarding of 
foreign interests in Germany and should consider the 
calling of further intergovernmental meetings for this 
purpose if they should seem to be useful for the considera- 
tion of matters of principle and If requested by any of 
the Governments represented in this Group. 



584 



DeparimenI of State Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



U.S. Views on Question of Disposition of Former Italian Colonies 



Statement iy Ambassador Philip C. Jessup ^ 



The last General Assembly devoted nearly 6 
weeks to the consideration of the problem of the 
former Italian colonies, without reaching a de- 
cision. Both in the interests of the local inhabi- 
tants, who have been held so long in a state of 
suspense as to their future, and in the interests of 
the over-all peace settlement, a decision was ur- 
gently needed. It still is. Many divergent views 
were expressed last spring on this complicated 
question, and although the Assembly was unable 
to reconcile these views, discussion served to clar- 
ify the question, to instruct those members who 
had no previous knowledge of the subject, and 
to enable member states intimately connected with 
the problem to make necessary adjustments of 
their views in the light of sentiment then prevail- 
ing in the Assembly. Made wiser by this expe- 
rience, we should now find a solution which will 
not only meet the three principles enunciated in 
article XI of the Treat}' of Peace With Italy, 
namely regard for the wishes and welfare of the 
inhabitants, the interests of peace and security, 
and consideration of the views of interested gov- 
ernments but which will meet also the principles 
relating to non-self-governing territories of chap- 
ter XI of the Charter. Our task today is urgent. 
The destinies of some three million people are at 
stake, and it behooves us to achieve a sound and 
just solution embracing the above principles so 
that the peoples of Libya, Eritrea, and Italian 
Somaliland may set forth confidently on the road 
to building their futures. 

The United States Goveniment has given in- 
tensive study to the problem, taking into account 

'Made in Committee I (Political and Security) on 
Sept. 30, 1949, and released to the press by the U.S. delega- 
tion to the General Assembly on the same date. 

Ocfofaer 77, 7949 



opinions which were expressed in this Committee 
last spring and has sought to formulate its posi- 
tion on a balanced consideration of all factors 
and principles involved.^ 

Libya 

With regard to Libya, we would support the 
establishment of an independent and unified Libya 
at a definite date in the near future. It was the 
concensus in the last session of the General As- 
sembly that Libya, of all the former Italian col- 
onies, was furthest along the road to self-govern- 
ment, and it was made abundantly clear that there 
was an overwhelming majority in favor of the 
independence of this territory. Already the 
people of Cyrenaica have set up their own internal 
administration under the Emir Sayid Idris el 
Senussi, and the Tripolitanians have indicated 
their desire and readiness to participate more com- 
pletely in the government of their segment of 
Libya. We believe that a definite date, which is 
genei'ally acceptable to the General Assembly for 
the achievement of early independence should be 
set. A reasonable period will be necessary for the 
orderly achievement of self-govermnent. Secre- 
tary Acheson declared before the plenary session 
on September 21 that at this session the General 
Assembly should work out plans for a united and 
independent Libya, to be carried to completion in 
not more than 3 or 4 years.^ The form of the gov- 



^ For an article by David W. Wainhouse and Philip A. 
Mangano on the problem as considered by the Third Ses- 
sion of the General Assembly see Bulletin of Sept. 12, 
1949, p. 363. Reprinted as Department of State publica- 
tion 3638. 

' Bulletin of Oct. 3, 1949, p. 489. 

585 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



eminent to be establisliod shonld be worked out 
by tlie inhabitants of Libya and should not be arbi- 
trarily imposed by any outside power nor by the 
United Nations. Tiie form of the new state might 
be fedeial, unitary, or whatever form is most ac- 
ceptable to the inhabitants. In order that the 
peoples' wishes in this respect be given expression, 
we ha%'e thouglit that the General Assembly might 
wish to reconunend that representatives of the in- 
habitants of Tripolitania, Cyrenaica and the Fez- 
zan, at least 1 year prior to the date of indepen- 
dence, consult together to determine the form of 
association which they desire to establish upon 
the attainment of independence. 

The present British and French administrations 
should be charged with the responsibility of co- 
operating in the formation of governmental insti- 
tutions and of preparing Libya for independence, 
taking whatever steps the' General Assembly 
deems necessary. They should report annually 
to the Secretary-General of the United Nations 
for the information of members on measures they 
have taken during each year of the interim perioa 
to i)repare Libya for intlependence. 

During this interim period it might be ai)pro- 
priate for an Advisory Council, on behalf of the 
General Assembly, to advise the British and 
French administrations as to how assistance might 
be given to the inhabitants with regard to the 
formation of a government for a unified Libya, 
and such related problems as common services, a 
common currency, and boundary changes. "With- 
out going into detail regarding possible functions 
of such a council, I would point out that we con- 
sider that this body should in no way interfere 
with the administration of the territories. 

Eritrea 

Coming next to Eritrea, I can but repeat what 
we maintained at the last session of the General 
Assembly, namely that the best solution for the 
future of this territory would be the incorpora- 
tion of all except the western province into Ethi- 
opia — witli provision of appropriate guaranties 
for the protection of minorities and witliout prej- 
udice to the sovereignty of Ethiopia — ap])ropriate 
municipal charters for the cities of Asnnira and 
Massawa. The western province could most ap- 
propriately be incorporated into the Sudan. We 
are dealing here with an artificially created terri- 
tory, whose inhabitants are almost equally divided 
between Coptic Christians and Moslems. The 
Eritrean plateau provinces are a continuation of 
the Ethiopian plateau, and the majority of the in- 
habitants of the entire plateau are related by 
language, race, and religion. It is true that the 
port of Massawa, as well as the province of the 
same name, is predominantly Moslem, but it can- 
not be separated from (lie Eritrean plateau with- 



out economic disruption. Assab and the Danakil 
coast, which are part of the province of Massawa, 
have no lateral conmiunication with the central 
provinces nor with the capital. Asmara. This 
area is geographically part of Ethiopia, and the 
Danakils who inhabit it are part of a tribe whose 
greatest numbers are within the borders of Ethi- 
opia. In our judgment a substantial majority of 
the inhabitants of Eritrea, exclusive of the west- 
ern province, favor union with Ethiopia. 

Our suggestion that the western province of 
Eiitrea be annexed to the Sudan is based on the 
following considerations: 

(1) The majority of the inhabitants are Moslem, 
as are the people across the border in the Sudan ; 
(2) three-fourths of the inhabitants of the western 
province are nomadic or seminomadic and follow 
a pastoral way of life quite different from the 
settled agriculturalists on the central plateau of 
Eritrea; (3) climatically the heat and aridity of 
most of the western and the coastal plain compris- 
ing this area resemble those of the Sudan; (4) 
there is a religious tie with the Sudan through the 
adherence of certain tribes, such as the Beni Amer, 
in the western province to the teachings of the 
Mazhani "Tariqa" or Confraternity, which is 
closely related to some 30 thousand of its other 
members in the Sudan; (5) the basis of social or- 
ganizations for both nomad and sedentary peoples 
in Eritrea, as well as the Sudan, is the same: the 
Kinship group. Thus social ties would be re- 
spected by changing the political orientation of 
the western province to the Sudan; (6) the west- 
ern province has few economic resources and can- 
not exist as an independent modern state. 

I have purposely gone into some detail regard- 
ing our reasons for believing that the future of the 
western province lies with the Sudan, since at the 
last session certain^delegations appeared to doubt 
the wisdom of this proposal. 

In brief, gentlemen, this Assembly is presented 
with an o])portunity to make a long-term settle- 
ment of Eritrea whose artificial borders were 
created in the era of colonial expansion in Africa ; 
and it is our belief that the reshaping of the map 
in the manner I have indicated will be a move 
toward an end we all seek; namely, to reunite 
racial, cultural, religious, and linguistic groups 
separated bj' frontiers arbitrarily established in 
the nineteenth centurj'. It was gratifving that an 
impressive majorty in the last Assembly supported 
the return of the eastern part of Eritrea to Ethio- 
pia, and it is our hope that further consideration 
of the problem will have convinced the delegations 
here that the most appropriate disposition of the 
remainder, namely the western province, is in its 
incorporation into the Sudan. 

Italian Somaliland 

The United States Government believes that the 
people of Italian Somaliland aspire to the status 



586 



Department of State Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



of independence and equality wliich will enable 
them to develop their culture and their country 
as a full member of the community of free nations. 
My government believes that the people of the 
Italian Somaliland should be assisted toward the 
goal of independence through the trusteeship sys- 
tem of the United Nations. We are convinced 
that such a solution will best meet the requirements 
of the people and will also provide a solution which 
will best guarantee the future security and stability 
of the area. 

Italian Somaliland is an area with undeveloped 
political institutions the organization of whose 
people is largely tribal and pastoral. We can 
hardly expect these people to be in a position to 
determine for themselves what means might best 
assure their achievement of self-government and 
independence, and the fulfillment of their national 
aspirations. It is therefore the view of my govern- 
ment that the General Assembly has a special re- 
sponsibility to assure that the solution which we 
recommend will in reality provide for the best 
interests of the inhabitants. 

If it is accepted that independence is the desired 
objective with respect to Italian Somaliland and 
that a substantial period of trusteeship is needed 
to prepare the people of the territory for full self- 
government, we must next examine the type of 
trusteeship which will be best suited in the circum- 
stances to achieve our desired goal. The First 
Committee last Spring carefully considered and 
discarded as impracticable in the circumstances 
both a direct United Nations trusteeship and 
trusteeship with a multiple or joint administering 
authority. The problem now reduces itself to a 
choice of the most desirable single power to be 
administering authority for Italian Somaliland. 

During the many months and years which my 
government has considered this problem, it has 
consistently been our view that the Italian Gov- 
ernment is the best choice for the responsibility of 
administering a trusteeship of Italian Somaliland. 
This view was shared at the last Assembly by 35 
menabers. The Italian Government indicated its 
willingness to assume this responsibility and gave 
formal assurances that it would discharge such a 
task in accordance with the purposes and principles 
of the Charter of the United Nations and of the 
trusteeship system. 

The United States Government has carefully 
considered the objections to Italian trusteeship 
which have been voiced by certain elements of the 
population of Italian Somaliland. We have con- 
sidered the reasons which have impelled these 
representatives to the position which they have 
taken, and we have considered the degree to which 
these spokesmen might actually represent the 
people of Italian Somaliland. We have also 



weighed contrary views as well as other evidence 
including the rei^ort of the four-power commission 
with respect to this aspect of the problem. 

Having given full consideration to all of these 
factors, my government has come to the conclusion 
that the Italian Govenmient, under a trusteeship 
agreement approved by the General Assembly, can 
and will provide an administration which will ef- 
fectively and promptly assist the people of Ital- 
ian Somaliland in the economic, social, and politi- 
cal development of their country and will bnng to 
fulfillment their desire for self-government and 
independence. The Italian Government has evi- 
denced its deep interest in the United Nations and 
its devotion to the princiijles of the Charter. As 
the membei-s of the Committee know, the United 
States has warmly supported Italy's application 
for membership in the United Nations. Indeed, 
members of the United Nations have overwhelm- 
ingly agreed that Italy possesses all the qualifica- 
tions for membership. The United States has full 
faith in the determination and ability of the demo- 
cratic Italian Government and the hard-working 
Italian people to discharge faithfully this obliga- 
tion toward the people of Italian Somaliland and 
toward the General Assembly of the United 
Nations. 



Summary 

The United States regards the settlement of 
this complex problem by the Assembly of the 
United Nations as the fulfillment of the grave re- 
sponsibilities of the United Nations toward the 
peoples of these areas. This case also affords the 
first opportunity which the General Assembly has 
had to demonstrate that it can discharge the 
solemn duty of making a great political decision 
which the Four Powers have agreed in advance 
to accept. The United States not only shares the 
obligation to accept as binding the decision of the 
General Assembly but also supports the aspira- 
tion of these peoples to move toward self-govern- 
ment and independence in accordance with the 
principles of the Charter. It is the policy of my 
government to support the progressive attainment 
of freedom by all peoples who show themselves 
worthy of it and ready for it. We recognize that 
the peoples of the areas with which we are now 
concerned are in various stages of development, 
that some are ready for independence, that others 
will be better helped by self-government as an in- 
tegral part of existing states, that others still need 
a rather extensive period of guidance and political 
experience. In regard to all of them, however, 
our primary concern must be for their interest and 
welfare and our ultimate objective their develop- 
ment, either separately or in association with other 
kindred peoples, into full-fledged members of the 
community of nations. 



Oefofaer 17, 7949 



587 



Supplementary Report of the U.N. Special Committee on the Balkans^ 



Excerpts from D.N. doc. A/981 
Dated Sept. 19, 1949 

The Special Committee Recommends 

1. That the attention of Albania and Bulgaria 
be again drawn to tlieir obligation, in conformity 
with international law, to prevent use of their 
territories in any way against the security of the 
Greek State; 

2. That the General Assembly determine that 
foreign aid to the Greek guerrillas endangers 
peace in the Balkans and is inconsistent with the 
purposes and principles of the Charter ; 

3. That, in view of the conclusion of the Special 
Committee that Albania is the principal source 
of material assistance to the Greek guerrillas, the 
General Assembly finds that the {government of 
Albania is primarily responsible for the threat 
to peace in the Balkans; 

4. That the General Assembly renew its call 
upon Albania and Bulgaria to cease forthwith 
tlieir aid to the Greek guerrillas, and solemnly 
draw the attention of Albania, in particular, to 
the increased gravity of the threat to peace in the 
Balkans that would ensue should its call again 
be disregarded ; 

5. That the General Assembly note with con- 
cern the increased support being extended to the 
Greek guerrillas by certain States not bordering 
upon Greece, in particular Romania, in contraven- 
tion of the General Assembly resolution of 27 
November 1948, and call upon those States to cease 
forthwitli this support; 

6. That tiie General Assembly call upon the 
Governments of Albania, Bulgaria and Yugo- 
slavia to co-operate with an appropriate inter- 
national body for the observation of the conditions 
in which the Greek guerrillas who have entered 
their respective territories have been disarmed and 
interned ; 

7. That an effort be made during the fourth 
session of the General Assembly to reach a pacific 
settlement of existing differences between Greece, 
on tlie one hand, and Albania, Bulgaria and Yugo- 
slavia, on the other; 



'The report of the Special Committee to the General 
Assembly, dated Aug. 2, 1949, ha.s been published as 
document A/935 {Official Records of the Fourth Session 
of the General Assembly, Supplement No. 8). [See also 
Bulletin of Sept. 19, 1949, p. 407.] 

588 



8. That, concerning the Greek children removed 
from Greece, the General Assembly 

(a) Condemn in the strongest terms the fact 
that, in violation of fundamental humanitarian 
principles, children of adolescent age have been 
sent back to Greece to fight in the ranks of the 
guerrillas ; 

(6) Deplore the complete failure of the Govern- 
ments of the countries which have received Greek 
children, for whom they must be held accountable, 
to comply with the unanimous General Assembly 
resolution of 27 November 1948 for their return 
to Greece under certain conditions ; and 

(c) Call upon the States concerned to comply 
immediately with that i-esolution. 

9. That the General Assembly approve the re- 
port of the Special Committee of 2 August 1949, 
and renew those provisions of tiie resolutions - of 
21 October 1947 and 27 November 1948, which it 
considers should be retained; 

10. That the General Assembly continue to pro- 
vide for appropriate United Nations machinery 
with adequate powers of conciliation and observa- 
tion to further a settlement between Greece and 
her northern neighbours and restore peaceful con- 
ditions along the northern frontiers of Greece, 
and to keep the United Nations informed of the 
situation. 

Done at 3 Marasli Street, Athens, in the English 
and French languages, this sixteenth day of Sep- 
tember, one thousand nine hundred and forty nine. 



Australia 

Brazil 

China 

France 

Mexico 

Netherlands 

Pakistan 
Poland 

Union of Soviet Socialist 
United Kingdom 
United States of America 
The Acting Principal 
Secretary 



Sam L. Atteo 
Raxgel de Castro 
A Vex Yuax-nixg 
Emile Char\-eriat 
Omar Josefe 

C. BlXNERTS 

(temporarily absent) 
Ali Haider Abbasi 

Republics 

Richard C. Barnes 
Geijald a. Drew 
Victor K. Kwono 



' See A/93r., annex 1. 



Department of Sfofe Bulletin 



INTERNATIONAL ORGANIZATIONS AND CONFERENCES 



U.S. Delegation to Third Meeting 
of Directing Council: Pan American 
Sanitary Organization 

The Department of State announced on October 
7 the United States delegation to the third meeting 
of the Directing Council of the Pan American 
Sanitary Organization which convened at Lima, 
on October 6 and is scheduled to adjourn October 
12. The United States delegation is as follows: 

Chairman 

Thomas Parran, M.D., United States Representative on 
the Directing Council, Pan American Sanitary Organi- 
zation; Dean, Graduate School of Public Health, 
University of Pittsburgh 

Delegates 

H. van Zile Hyde, M.D., Second Alternate United States 
Representative on the Directing Council, Pan Ameri- 
can Sanitary Organization ; Medical Director, Deputy 
Chief, Otiice of International Health Relations, United 
States Public Health Service, Federal Security Agency 

Howard B. Calderwood, Division of United Nations 
Economic and Social Affairs, Department of State 

Adnisers 

Mary D. Forbes, Senior Nurse Officer and Chief Nurse, 
Office of International Health Relations, United States 
Public Health Service, Federal Security Agency 

John S. Moorhead, M. D., Commissioner of Public Health, 
Charlotte Amaile, St. Thomas, Virgin Islands 

Clarence I. Sterling, Jr., Director, Division of Health and 
Sanitation, Institute of Inter-American Affairs 

The tentative agenda for the Directing Council 
meeting includes, among other items: (1) ap- 
proval of the program and budget for 1950; (2) 
plans for the construction at Washington, D.C. of 
a building for the Pan American Sanitary Bureau ; 
(3) report of the Director of the Pan American 
Sanitary Bureau on the worli of the Bureau from 
January to June 1949; (4) report of the Directing 
Council to the member governments on the work 
of the Pan American Sanitary Bureau during the 
period October 1948 to October 1949; (5) study 
of a draft agreement between the Council of the 
Organization of American States and the Pan 

October 17, 1949 



American Sanitary Organization; (6) considera- 
tion of the question of holding Pan American con- 
ferences of the National Directors of Health. 

The Directing Council of the Pan American 
Sanitary Organization was set up in accordance 
with a directive of the Twelfth Pan American 
Sanitary Conference (Caracas, January 1947) 
wliich authorized the reorganization of the Pan 
American Sanitary Bureau, a body established 
in 1902 as the central coordinating agency for 
j)ublic health activities in the American Rej)ublics. 



First Stage of Exploratory Talks on 
Atomic Energy Completed 

Statement hy Acting Secretary Wehb 
[Released to the press October 5] 

The Combined Policy Committee and its sub- 
groups have completed the first stage of the ex- 
ploratory talks on atomic energy matters.^ A 
wide range of iJossibilities were explored looking 
toward a partnership in the field of atomic energy 
based upon the most rational and economical joint 
utilization of materials, techniques, and knowledge 
available to the three countries. Good progress 
was made. 

The results of the discussions are now being con- 
sidered by the three governments. The Joint Con- 
gressional Committee on Atomic Energy is being 
kept informed. After this consideration, more 
discussions will take place, more or less intermit- 
tently. 

In tliis first stage it was not intended to crystal- 
lize positions or to formalize conclusions. All that 
can be said appropriately at this time is that we 
have had a satisfactory and most useful exchange 
of views. 



• Bulletin of Sept. 26, 1949, p. 472 ; and Oct. 2, 1949, 
p. 508. 

589 



THE RECORD OF THE WEEK 



Democratic Advance of Western Germany 



U.S. REJECTS SOVIET INTERPRETATION OF EVENTS 



Statement hy Acting Secretary WehJ) 
Released to the press October 6. 



The Soviet Government in its notes of October 1 
to the United States. British, and French Govern- 
ments has charged that the three Western po\yers 
by their joint action in creating a German Gov- 
ernment at Bonn have vioLated the Potsdam 
agreement and assumed responsibility for splitting 
Germany and delaying the conclusion of the Ger- 
man peace treaty. 

The true record is clear and quite different. The 
United States has a deep conviction of the correct- 
ness of the Potsdam principles that Germany 
should be given economic unity and that its polit- 
ical life should be restored on a democratic basis. 
The Western governments have made most strenu- 
ous efforts to carry out these principles. They 
have been only partially successful because of 
obstinate Soviet opposition to every constructive 
proposal presented by the Western powers since 
1945. Every proposal has foundered on Soviet in- 
sistence upon a unilateral treatment of Eastern 
Germany which has reduced that area to an op- 
pressive" jjolice state. The U.S.S.R., by creating 
a dictatorial, unrepresentative regime, by building 
up a German paramilitary force, by strangling 
free economic life and by looting the natural and 
industrial resources, by reopening concentration 
camps, and by creating conditions which have 
caused hundreds of thousands of German residents 
to flee, has steadily separated its zone from the 
main part of Germany and from the Potsdam 
goals of democracy, peace, and prosperity. 

The U.S.S.R. was never willing to deal with 
Germany as a single economic unit. Its represen- 
tatives at Berlin, through their systematic use of 

590 



the veto, gradually reduced the Allied Control 
Council to impotence. They sought to sabotage 
the democratically elected administration of 
Greater Berlin and finally set up a rival puppet 
government in Berlin. In 1948 they deliberately 
destroyed the Control Council and the four-power 
Berlin Kommandatura by walking out of these 
bodies. Soviet representatives have utilized the 
meetings of the Council of Foreign Ministers al- 
most exclusively for propagandist ends rather than 
for a joint effort with the Western powers to settle 
German problems. 

Faced with these facts, the United States pro- 
posed as early as 1946 the economic unification of 
the United States zone with any or all other zones 
of German_y. As a result, a joint economic ad- 
ministration of the United States and British zones 
was established in 1947. This was a practical 
application of the Potsdam requirement that 
Germany be treated as an economic unit. The 
United States had had enough of Soviet propa- 
ganda speeches about Potsdam and of Soviet re- 
fusal to act. By 1948 the three Western Govern- 
ments were firmly resolved that vigorous joint 
action on a wide scale must be taken to avert catas- 
trophe. They therefore arrived at a series of 
agreements that the German people should be able 
to begin without further delay their progress to- 
ward the restoration of self-government and inde- 
pendence and normal conditions of life. They 
were convinced that if such progress could not be 
made in Germany as a whole because of Soviet 
opposition, it must at least be undertaken in that 
major area of Germany for which they were 
responsible. 

Department of State Bulletin 



THE RECORD OF THE WEEK 



Continued 



The Occupation Statute, the Agreement on Tri- 
partite Controls, and the Statute of the High Com- 
mission for Germany are all deliberately designed 
to restrict the scope of the direct powers previously 
exercised by the Western govermnents. They are 
deliberately designed to accord far greater inde- 
pendence of action to the Germans than have any 
previous arrangements. The Bonn Constitution 
itself is a democratic instrument freely formulated 
and freely ratified by representatives of the Ger- 
man people. The Federal Govermnent of Ger- 
many now established under that constitution has 
been created by a Parliament chosen by free and 
universal popular elections. By the participation 
of 80 percent of the electorate in these elections, 
the German people have unmistakably demon- 
strated their support of the new Republic. No 
regime which the Soviet Government may now con- 
trive by the methods it is pursuing in its zone of 
Germany will be able to claim for itself the same 
democratic basis. 

These developments represent no division of 
Germany by will or act of the Western powers. 
They constitute, on the contrary, the greatest ad- 
vance toward German luiification, stability, and 
prosperity since the end of the war. It is purely 
by volition of the Soviet Government that Eastern 
Germany is excluded from the benefits of these 
arrangements. 

At the recent meeting of the Council of Foreign 
Ministers at Paris, agreement was reached for a 
continuation of efforts to achieve the political and 
economic unity of Germany. 

The United States rejects the attempt of the 
Soviet Government to impose its interpretation of 
events and its plan of action upon the democratic 
nations of Europe. It will not permit the con- 
tinued obstruction by a single power of all striv- 
ings toward a democratic peace. It will continue 
its efforts, in association with the free peoples of 
the West, including the German people, to enlarge 
the area of political stability and freedom, of 
economic prosperity, and of lasting peace and 
security. 



Laws for Filing Claims 
in Germany Announced 

[Released to the press October 3] 

The Office of United States High Commissioner 
for Germany announced today that each of the 
four German Laender comprising the United 
States zone of Germany has now promulgated 
legislation known as the general claims law 



(entschaedigungsgesetz).^ This legislation which 
was approved in principle by Military Govern- 
ment several weeks ago following many months of 
study by both German and United States authori- 
ties, is identical in the four Laender except for 
necessary minor administrative differences. The 
laws are officially identified as follows : 



LAND 

Bavaria 



Hesse 



Wurttemberg- 
baden 



Bremen 



TITLE 

Gesetz Zur Wiedergut- 
machung Nationalsozi- 
alistisclien Unrecbts 
( E n t schaedigungsge- 
setz) vom 12 August 
1949 

Gesetz Zur Wiedergut- 
machung Nationalsozi- 
alistischen Unrecbts 
(E n t schaedigungsge- 
setz) vom 10 August 
1949 

Gesetz number 951 Zur 
W i e d e r gutmacbung 
National sozialisti- 
scben Unrecbts (Ent- 
schaedigungsge s e t z) 
vom 16 August 1949 

Gesetz Zur Wiedergut- 
macbung Nationalsozi- 
alistiscben Unrecbts 
(E n t scbaedigungsge- 
setz) vom 16 August 
1949 



PUBLTSHE^D 

B a y e r 1 sches 
Gesetz U n d 
Verordnungs- 
blatt, 49, no. 
20, 29 Au- 
gust 

Gesetz .Und 
Verordnungs- 
blatt P u e r 
Das Land 
Hessen, 49, 
no. 26/27 18 
August 

Regierungsblatt 
D e s Regier- 
ung W ii r t- 
t e m berg-ba- 
den, 49, no. 20, 
1 September 

Gesetzblatt Der 
Freien Hans- 
estadt B r e- 
men, 49, no. 
41, 27 August 



The coming into force of this legislation com- 
pletes the objective of providing a means whereby 
certain classes of persons who suffered monetary 
and other losses during the Nazi regime may re- 
ceive indemnification for losses falling outside the 
scope of restitution legislation previously enacted 
by United States Military Government. 

Until now, such legislation provided only for 
the restitution of identifiable tangible and intan- 
gible property and aggregates thereof, pursuant 
to Military Government law number 59, enacted 
on 10 November 1947 and effective in the United 
States zone, and pursuant to BK/0(49) 180 dated 
26 July 1949, applicable in the United States sec- 
tor of Berlin. (The latter is also in force in the 
British and French sectors.) 

The Laender laws just enacted provide that per- 
sons who, during the period from 30 January 1933 
to 8 May 1945, were persecuted because of political 
conviction or for racial, religious or ideological 
grounds and thereby suffered damage to life and 
limb, health, liberty, possessions, property or eco- 
nomic advancement, shall be entitled to restitution 
according to the provisions thereof. 

For the land to be liable as restitutor, such per- 
son shall have had his legitimate domicile or usual 
residence within that land on 1 January 1947, or 
was assigned to that land as refugee, or, having 

' Press release issued by the OflSce of the U.S. High 
Commissioner for Germany on Sept. 30, 1949, in Frankfort 
and Berlin. 



Ocfober 17, 1949 



591 



THE RECORD OF THE WEEK 



Continued 



liad sucli doiiiiiile or residence, died or emigrated 
prior to that date. 

Persons who resided in a DP camp in the United 
States zone on 1 January 1947 are also eligible. 
The right to claim restitution shall also, under 
certain conditions, pass to the heirs of such per- 
sons. 

Claims based on this legislation must be filed not 
later than 1 April 1950. 

The administrative procedures necessary to 
carry out the provisions of this law, as well as its 
actual administration, are a responsibility of the 
German authorities, and each land will in due 
course establish procedures for the filing, proces- 
sing, and adjudication of claims. 

Although a number of implementing regula- 
tions are still to be issued, each land has now 
named an office, or offices, to accept claims filed 
pursuant to the land law. These offices and their 
addresses are : 

Bavaria : Bayerisches Landesamt Fuer Wieders^utma- 
chung, Arcis Strasse 11, Muenchen 2. Germany 

Hesse: Hessisehes Staatsministerium Der Minister Des 
Innern, Abteilung Wiederjiutmachung, Wilhelm- 
strasse 24, Wiesbaden, Germany 

Wiirttemberg : Landesbezirksstelle Fuer Wledergutma- 
chung, Gerokstrasse 37, Stuttgart, Germany 

Baden : Landesbezirksstelle Fuer Wiedergutmachung, 
Beethovenstrasse 11. Karlsruhe, Germany 

Bremen : Amt Fuer Wiedergutmachung, Polizeihaus, Bre- 
men, Germany 

Interested persons desiring further information 
concerning the general claims law are advised not 
to communicate with United States occupation 
authorities, but to address appropriate inquiries, 
including requests for copies of the law, to the land 
office having jurisdiction, as indicated above. 



Soviet Treatment of Americans Called 
Shocking Contravention to Interna- 
tional Decency 

I'ext of a note delivered to the Soviet Foreign 
0-ffioe October 6 by the American Embassy at 
Moscow 

[Released to the press October 6] 

The United States Government has been in- 
formed by the Office of the United States High 
Commissioner in Germanv that on September 28, 
the Soviet authorities in CTcrmany handed over to 
the American authorities the two youthful Ameri- 
can students, Warren J. Oelsner and Peter H. Sell- 



ers, who had been under arrest in the Soviet zone 
since July 31. 

In announcing his intention to release these boys. 
General Ivanov, Chief of StaflF of the Soviet occu- 
pation forces in Germany, referred to the "charac- 
ter of the actions" of Oelsner and Sellers in the 
Soviet zone and asked that measures be taken to 
avoid a repetition of such incidents. 

The United States Government wishes to observe 
that such admonitions are misdirected in this 
case. Wliat is the "character of the actions" of 
the two young American citizens involved ? To be 
sure they inadvertently and innocently entered the 
Soviet zone of occupation. But this technical of- 
fense is not a serious one. It certainlv cannot 
justify detention for over 8 weeks, including 2 
weeks in solitary confinement. The two students 
were not considered even by the Soviet authorities 
in Germany to be criminals or spies. Reports 
indicate that no formal charges were ever preferred 
against them. In short, two American students, in 
Europe as tourists, whose identity and harmless 
purposes could never have been long in doubt, have 
been treated as criminals, subject to long incarcera- 
tion, and not allowed to communicate with their 
families or their government. This treatment the 
United States Government finds to be in shocking 
contravention to the most elementary standards of 
international decency. The reaction of the Soviet 
authorities to the incursion of a pair of youthful 
bicyclists is the more astonishing as they can 
scarcely have been considei-ed to be a serious threat 
to the security of the ample Soviet occupation 
army in Germany. 

The case of Oelsner and Sellers is only the latest 
of many which have occurred in Germany. Cir- 
cumstances vary but the basic pattern is the same. 
United States citizens, whether civilian or mili- 
tary, are arrested, held for long periods, some- 
times miserably mistreated, and eventually re- 
leased, without charges, explanations or apologies. 
The recent case of Pvt. John J. Sienkiewicz, a 
United States soldier who escaped on September 
16, 1949, from a prison in the Soviet sector of 
Berlin after 10 months of imprisonment under 
brutal and uncivilized conditions, is another illus- 
tration in point. There can be no justification for 
this kind of treatment of citizens of a friendly 
nation, persons whose only violation of law is 
purely technical at most and whose innocence of 
criminal charges can easily be established. 

The Govermnent of the United States raises the 
most energetic protest against such actions by the 
Soviet authorities in Germany, and expects that 
those Soviet oflicials who are responsible for these 
acts will be punished. The Government of the 
United States further insists that the elementary 
rights of its citizens be observed in the future in 
accordance with the international comity which 
eoverns the conduct of all civilized states. 



592 



Department of State Bulletin 



Administration of Trade Agreements Program 



EXECUTIVE ORDER 10082' 

By virtue of the authority vested in me by the 
Constitution and the statutes, inchiding section 
332 of the Tariff Act of 1930 (46 Stat. 698) and 
the Trade Agi-eements Act approved June 12, 
1934, as amended (48 Stat. 943; 57 Stat. 125; 59 
Stat. 410; Public Law 307, 81st Congress), and in 
the interest of the foreign-affairs functions of the 
United States and in order that the interests of 
the various branches of American economy may 
be effectively promoted and safeguarded through 
the administration of the trade-agreements pro- 
gram, it is ordered as follows : 

Part I. Organization 

1. There is hereby established the Interdepart- 
mental Committee on Trade Agreements (herein- 
after referred to as the Trade Agreements Com- 
mittee), which shall act as the agency through 
which the President shall, in accordance with sec- 
tion 4 of the said Trade Agreements Act, as 
amended, seek information and advice before con- 
cluding a trade agreement. With a view to the 
conduct of the trade-agreements program in the 
general public interest and in order to coordinate 
the program with the interests of American agri- 
culture, industry, commerce, labor, and security, 
and of American financial and foreign policy, the 
Trade Agreements Committee shall consist of a 
Commissioner of the United States Tariff Com- 
mission, who shall be designated by the Chairman 
of the Commission, and of persons designated from 
their respective agencies by the Secretary of State, 
the Secretary of the Treasury, the Secretary of 
Defense, the Secretary of Agriculture, the Secre- 
tary of Commerce, the Secretary of Labor, and the 
Administrator for Economic Cooperation. There 
shall likewise be designated from the foregoing 
agencies alternates to act in place of the members 
on the Committee when the members are unable 
to act. A member or alternate from the Depart- 
ment of State shall be the Chairman of the Trade 
Agreements Committee. 

2. There is hereby established the Committee 

" 14 Fed. Reg. 6105. 
October 17, 1949 



for Reciprocity Information, which shall act as 
the agency to which, in accordance with section 4 
of the Trade Agreements Act, as amended, the 
views of interested persons with regard to any 
proposed trade agreement to be concluded under 
the said Act shall be presented. The Committee 
for Reciprocity Information shall consist of the 
same members as the Trade Agreements Com- 
mittee or their alternates. A member or alternate 
from the Tariff Commission shall be the Chairman 
of the Committee for Reciprocity Information. 

3. The Trade Agreements Committee and the 
Committee for Reciprocity Information may in- 
vite the participation in their activities of other 
government agencies when matters of interest 
thereto are under consideration. Each of the said 
committees may from time to time designate such 
sub-committees, and prescribe such procedures and 
rules and regulations, as it may deem necessary for 
the conduct of its functions. 



Part II. Conclusion of Agreements 

4. Before entering into the negotiation of a 
proposed trade agreement under the Trade Agree- 
ments Act, as amended, the Trade Agreements 
Committee shall submit to the President for his 
approval a list of all articles imported into the 
United States which it is proposed should be con- 
sidered in such negotiations for possible modifica- 
tion of duties and other import restrictions, 
imposition of additional import restrictions, or 
specific continuance of existing customs or excise 
treatment. Upon approval by the President of any 
such list, as originally submitted or in amended 
form, the Trade Agi'eements Committee shall cause 
notice of intention to negotiate such agreement, 
together with such list of articles, to be published 
in the Federal Register. Such notice and list shall 
also be issued to the press, and sufficient copies shall 
be furnished to the Committee for Reciprocity In- 
formation for use in connection with such hearings 
as the Committee may hold with respect thereto. 
Such notice, together with the list or a statement 
as to its availability, shall also be published in the 
Department of State Bulletin, Treasury Decisions, 
and the Foreign Commerce 'Weekly. 

5. Any interested person desiring to present his 

593 



THE RECORD OF THE WEEK 



Continued 



views with respect to any article in any list re- 
ferred to in paragraph 4 hereof, or with respect to 
any other aspect of a proposed trade agreement, 
may present such views to the Committee for 
Reciprocitj' Information, which shall accord 
reasonable opportunity for the presentation of 
such views. 

C. With respect to each article in a list referred 
to in paragraph 4 hereof, the Tariff Commission 
shall make an analysis of the facts relative to the 
production, trade, and consumption of the article 
involved, to the probable effect of granting a con- 
cession thereon, and to the competitive factors 
involved. Such analysis shall be submitted in di- 
gest form to the Trade Agreements Committee. 

7. With respect to each article exported from 
the United States which is considered by the Trade 
Agreements Committee for possible inclusion in 
a trade agreement, the Department of Commerce 
shall make an analysis of the facts relative to the 
production, trade, and consumption of the article 
involved, to the probable effect of obtaining a con- 
cession thereon, and to the competitive factors in- 
volved. Such analysis shall be submitted in digest 
form to tlie Trade Agreements Committee. 

8. Each Department and agency officials from 
which are members of the Trade Agreements Com- 
mittee shall, to the extent it considers necessary 
and within the sphere of its respective responsi- 
bilities, make special studies of particular aspects 
of proposed trade agreements from the point of 
view of the interests of American agriculture, in- 
dustry, commerce, labor, and security. Such 
studies shall be submitted to the Trade Agreements 
Committee. 

9. After analysis and consideration of (a) the 
studies of the Tariff Conunission provided for in 
paragraph 6 hereof, (b) the studies of the Depart- 
ment of Commerce provided for in paragraph 7 
hereof, (c) the special studies provided for in para- 
graph 8 hereof, (d) the views of interested per- 
sons presented to the Committee for Reciprocity 
Information pursuant to paragrapli 5 hereof, and 
(e) any other information available to the Trade 
Agreements Committee, including information 
relating to export dut ies and restrictions, the Trade 
Agreements Committee shall make such recom- 
mendations to the President relative to the con- 
clusion of the trade agreement under considera- 
tion, and to the provisions to be included therein, 
as are considered appropriate to carry out the 
purposes set forth in the Trade Agreements Act, 
as amended. If tliere is dissent from any recom- 
mendation to the President with respect to the in- 
clusion of any proposed concession in a trade 
agreement, the President shall be furnished a full 
report by the dissenting Tuember or members of 
the Trade Agreement.s Committee, giving the 
reasons for his or their dissent. 

10. There shall be applicable to each tariff con- 



cession granted, or other obligations incurred, by 
the United States in any trade agreement here- 
after entered into a clause providing in effect 
that if, as a result of unforeseen developments and 
of such concession or other obligation, any article 
is being imported in such relatively increased 
quantities and under such conditionsas to cause 
or threaten serious injury to the domestic industry 
producing like or directly competitive articles, the 
United States shall be free to withdraw or modify 
the concession, or suspend the other obligation, in 
wliole or in part, to the extent and for such time 
as may be necessary to prevent such injury. 

11. There shall be obtained from every govern- 
ment or instrumentality thereof with which any 
trade agreement is hereafter entered into a most- 
favored-nation commitment securing for the 
United States the benefits of all tariff concessions 
and other tariff advantages accorded by the other 
part}' or parties to the agreement to any third 
country. This provision shall be subject to the 
minimum of necessary exceptions and shall be 
designed to obtain the greatest possible benefit for 
the trade of the United States. 



Part III. Administration of Agreements 

12. The Trade Agreements Committee shall at 
all times keep informed of the operation and effect 
of all trade agreements whicli are in force. It 
shall recommend to the President or to one or more 
of the agencies represented on the Committee such 
action as is considered required or appropriate to 
carry out any such trade agreement or any recti- 
fications and amendments thereof not requiring 
compliance with the procedures set forth in para- 
graphs 4 and 5 hereof. The Trade Agreements 
Committee shall, in particular, keep informed of 
discriminations by any country against the trade 
of the United States which cannot be removed by 
normal diplomatic representations, and, if it con- 
siders that the public interest will be served 
thereby, shall recommend to the President the 
withholding from such country of the benefit of 
concessions granted under the Trade Agreements 
Act, as amended. The Committee may also con- 
sider such other questions of commercial policy as 
have a bearing on its activities with respect to 
trade agreements. 

13. The Tariff Commission, upon the request of 
the President, upon its own motion, or upon ap- 
plication of any interested party when in the judg- 
ment of the Tariff Commission there is good and 
sufficient reason therefor, shall make an investiga- 
tion to determine whctlier, as a residt of unforeseen 
developments and of the concession granted, or 
other obligation incurred, by the United States 
with respect to any article to which a clause simi- 
lar to that provided for in paragraph 10 hereof 
is applicable, such article is being imported in 
such relatively increased quantities and under 
such conditions as to cause or threaten serious in- 
jury to the domestic industry producing like or 



594 



Department of Sfofe Bulletin 



THE RECORD OF THE WEEK 



ZJ 



Continued 



Procedures for the Administration of the Kecip- 
rocal Trade- Agreements Program." ^ 



directly competitive articles. Should the Tariff 
Commission find, as a result of its investigation, 
that such injury is being caused or threatened, it 
shall recommend to the President, for his consid- 
eration in the light of the public interest, the 
withdrawal or modification of the concession, or 
the suspension of the other obligation, in whole 
or in part, to the extent and for such time as the 
Tariff Commission finds necessary to prevent such 
injury. In the course of any investigation under 
this paragraph, the Tariff Commission shall hold 
hearings, giving reasonable public notice thereof, 
and shall afford reasonable opportunity for par- 
ties interested to be present, to produce evidence, 
and to be heard at such hearings. The procedure 
and rules and regulations for such investigations 
and hearings shall from time to time be prescribed 
by the Tariff Commission. 

14. The Tariff Commission shall at all times 
keep informed concerning the operation and effect 
of provisions relating to duties or other import 
restrictions of the United States contained in 
trade agreements heretofore or hereafter entered 
into by the President under the authority of the 
Trade Agreements Act, as amended. The Tariff 
Commission, at least once a year, shall submit to 
the President and to the Congress a factual report 
on the operation of the trade-agreements program. 

15. The Committee for Keciprocity Informa- 
tion shall accord reasonable opportunity to in- 
terested persons to present their views with 
respect to the operation and effect of trade agree- 
ments which are in force or to any aspect thereof. 

Part IV. Transitory Provisions 

16. All action relative to trade agreements al- 
ready concluded or to the conclusion of new trade 
agreements which has been taken by the Trade 
Agreements Committee or by the Committee for 
Reciprocity Information between June 25, 1948, 
and the date of this order shall be considered as 
pro tanto compliance with the provisions of this 
order, provided that the member from the Tariff 
Commission on the Trade Agreements Committee 
shall be accorded full opportunity to present to 
that Committee, and to the President pursuant 
to the final sentence of paragraph 9 hereof, infor- 
mation and advice with respect to the decisions, 
recommendations, and other actions of that Com- 
mittee between June 25, 1948, and the date of this 
order relative to the conclusion of any trade agree- 
ment after the enactment of the Trade Agreements 
Extension Act of 1949, approved September 26, 
1949 (Public Law 307, 81st Congress). 

Part V. Supersedure 

17. This order supersedes Executive Order No. 
10,004 of October 5, 1948, entitled "Prescribing 



Haret S. Truman 



The White House, 
October 5, 191(9. 



PROCEDURES PRESCRIBED AND PRACTICES 
REVOKED 

[Released to the press October 5] 

The President today signed Executive Order No. 
10082, superseding Executive Order 10004 of 
October 5, 1948, and prescribing revised proce- 
dures for the administration of the reciprocal 
trade-agreements program in accordance with the 
Trade Agreements Act of 1934, as amended, and 
the Trade Agreements Extension Act of 1949. 

The new order establishes procedures which are 
in accordance with the Trade Agreements Exten- 
sion Act of 1949 and revokes certain practices re- 
quired under the provisions of the Trade Agree- 
ments Extension Act of 1948 which was repealed 
by the passage of the 1949 act. The order pre- 
scribes procedures to be followed by the Trade 
Agreements Committee in concluding trade agree- 
ments; by the Committee for Reciprocity Infor- 
mation in obtaining the views of interested persons 
on agi-eements; and by the Tariff Commission in 
the event of serious injury or threat of serious 
injury to domestic industry. 

The Interdepartmental Committee on Trade 
Agreements will continue to function as the central 
operating committee, giving effect to the require- 
ment of the Trade Agreements Act that the Pres- 
ident seek information and advice from certain 
government agencies before concluding a trade 
agreement. Members of the Committee will in- 
clude a Commissioner of the United States Tariff 
Commission and persons designated from their re- 
spective agencies by the Secretaries of State, Treas- 
ury, Defense, Agriculture, Commerce, and Labor, 
and by the Administrator for Economic Coopera- 
tion, under the chairmanship of the representative 
from the Department of State. Under the 1948 
act Tariff Commission members and employees 
were prohibited from participating in the de- 
cisions or recommendations of the Trade Agree- 
ments Committee. This prohibition was removed 
by the Trade Agreements Extension Act of 1949. 

The Committee for Reciprocity Information, 
which will continue to receive, digest, and circulate 
to the entire trade-agreements organization the 
views of interested persons regarding any phase of 
proposed or existing trade agreements, is to con- 
sist of the same persons as those who are mem- 
bers of the Committee on Trade Agreements. The 
chairman of the Committee for Reciprocity Infor- 
mation will be the member or alternate from the 
Tariff Commission. 



' Bulletin of Oct. 17, 1948, p. 502. 



October 17, 1949 



595 



THE RECORD OF THE WEEK 



Continued 



The order provides that, as before, the Trade 
Agreements Committee shall submit to the Pres- 
ident for his approval a list of articles on which 
possible United States tariff concessions may be 
considered in tlie negotiation of a proposed trade 
agreement. Upon approval of the list by the Pres- 
ident, tlie Trade Agreements Committee will pub- 
lish the list and a notice of intention to negotiate. 
Pursuant to the provision of the order that the 
Committee for Reciprocity Information accord 
reasonable opportunity for the presentation of 
views by any interested persons, the Committee for 
Reciprocity Information will afford opportunity 
to make written representations and will hold 
public hearings concerning concessions to be of- 
fered and granted. 

The Tariff Commission is to continue to furnish 
to the interdepartmental trade-agi-eements organ- 
ization factual data relative to production, trade, 
and consumption of articles under consideration 
for concession by the United States, and to supply 
facts on probable effects of granting concessions 
and on the competitive factors involved. 

Tlie Department of Commerce is to continue to 
furnish to the Trade Agreements Committee 
studies of the trade in and other facts regarding 
each article exported from the United States on 
which the United States may consider seeking a 
foreign concession in a trade agreement. 

Each Department and agency represented on 
the Trade Agreements Committee is authorized to 
make, within the sphere of its responsibilities, 
special studies of particidar aspects of proposed 
trade agreements from the point of view of the 
interests of American agriculture, industry, com- 
merce, labor, and security. 

On the basis of all the data available, the Trade 
Agreements Committee will recommend to the 
President concessions to be sought and offered. A 
full report to the President must also be made by 
the dissenting member or members on any dissent 
from the Committee's recommendations. 

In conformity with past practice, each future 
agreement is to contain a most-favored-nation 
commitment and, as required in earlier orders, all 
trade agreements are to be made subject to a 
comprehensive escape clause. This clause is to 
provide that future tariff concessions may be modi- 
fied or withdrawn, and other obligations may be 
suspended if, as a result of unforeseen develop- 
ments and of the concession or other obligation in 
the trade agreement, any article is being imported 
in such increased quantities and under such con- 
ditions as to cause or threaten serious injury to 
domestic industry. Procedure is also provided 
for, as in an earlier order, for the Tariff Commis- 
sion to investigate, determine, and recomiuend to 
the President for his consideration whether the 
escape clause should be invoked. 

Both the Trade Agreements Committee and the 



Tariff Commission are to keep informed at all 
times on the operation and effect of agreements in 
force. At least once a year the Tariff Commission 
is to submit to the President and to Congress a 
report of the operation of the program. 

In order to facilitate transition from the pro- 
cedures of the 1948 act to those of the 1949 act, 
specific provision is made that action under the 
former by the Trade Agreements Committee and 
the Committee for Reciprocity Information shall 
be considered as complying with the new order, 
provided opportunity is given for the Tariff Com- 
mission member to present advice and recommen- 
dation on action taken by the Trade Agreements 
Committee between June 25, 1948, and the date of 
this amending Executive order. 



CONCESSIONS GRANTED 

FROM NEGOTIATIONS AT ANNECY 

[Released to the press October 7] 

The trade agreement negotiations which have 
been carried on at Annecy, France, over the past 
several months will be concluded by the opening 
of the documents embodying the results of the Con- 
ference for signature by the 33 countries con- 
cerned, at Lake Success on October 10, 1949. 

The Annecy conference, which opened April 8, 
1949, and closed August 27, 1949, was another land- 
mark in international commercial relations. It 
involved the second most extensive international 
negotiations for the reduction of trade barriers 
ever held. These negotiations have been exceeded 
in scope and importance only by those carried on 
at Geneva in 1947 in connection with the conclu- 
sion of tlie General Agreement on Tariffs and 
Trade by 23 contracting parties which are : Aus- 
tralia, Belgium, Brazil, Burma. Canada. Ceylon, 
Chile, China, Cuba, Czechoslovakia, France, India, 
Lebanon, Luxembourg, the Netherlands, New Zea- 
land, Norway, Pakistan, Southern Rhodesia, 
Syria, Union of South Africa, United Kingdom, 
and the United States. 

The Annecy conference contributed to a signi- 
ficant expansion of established United States com- 
mercial foreign policy, made possible by the ex- 
tension by Congress, last month, of the reciprocal 
Trade Agreements Act. 

At Annecy, 10 new countries applied for ac- 
cession to the General Agreement. These coun- 
tries are: Denmark, the Dominican Republic, 
Finland, Greece, Haiti, Italj', Liberia, Nicaragua, 
Sweden, and Uruguay. 

The representatives of these countries negoti- 
ated with each other and with the representatives 
of 21 of the original 23 contracting parties to the 
agreement for mutually advantageous reductions 
in their tariff and other barriere to trade. The 
process involved some 130 or more separate nego- 
tiations between representatives of pairs of coun- 
tries. The results were collated, and the resulting 



596 



Department of State Bulletin 



THE RECORD OF THE WEEK 



Conlinued 



schedules of concessions will be annexed to and 
become part of the General Agreement on Tar- 
iffs and Trade. 

The documents embodying the results of the 
Annecy conference will be opened at Lake Success, 
on October 10, for signature by the governments 
of the original contracting parties and of the 10 
acceding countries. Signature of two-thirds of 
the original contracting parties to the Protocol 
of Terms of Accession to the General Agreement 
on Tariffs and Trade, with respect to a given ac- 
ceding country, will constitute agreement to that 
country's accession. When the country itself has 
signed the protocol and is prepared to put into 
effect the general provisions of the General Agree- 
ment and the tariff concessions which it has ne- 
gotiated at Annecy it will become a contracting 
party to the agreement with all rights and obliga- 
tions of other contracting parties. The earliest 
date for accession to the agreement is January 1, 
1950, and the latest date on which an acceding 
country may sign is May 30, 1950. 

The concessions granted by each country in the 
Annecy negotiations will, when they enter into 
force, be applicable to imports from each of the 
other contracting parties. Thus benefits accruing 
to any country from the negotiations will be in 
two categories — those directly negotiated for with 
another country and those obtained indirectly as 
a result of negotiations between other countries 
on products of interest to the country concerned. 
The same is true with regard to concessions made 
in the General Agreement in 1947. The fact that 
concessions made there by the original contracting 
parties will accrue to the new countries upon their 
accession to the agi-eement, was taken into full 
account in the negotiations at Annecy. 

Upon its accession to the General Agreement 
each new country will be obligated to observe the 
general provisions of the agreement which are de- 
signed to supplement and, in some cases, to safe- 
guard the tariff concessions granted in the agree- 
ment. These general provisions provide for most- 
favored-nation treatment, and relate to such mat- 
ters as trade discriminations, quantitative import 
restrictions, internal taxation, and others. 

All tariff concessions negotiated at Annecy by 
the United States were formulated within the pro- 
visions of, and under the procedures laid down 
by, the Trade Agreements Act of 1934, as amended 
and extended, and the related Executive orders. 
The negotiations were conducted on a selective, 
product-by-product basis, after public hearings, 
recommendations by the Interdepartmental Com- 
mittee on Trade Agreements, and approval by the 
President. 

The 23 original contracting parties to the Gen- 
eral Agreement, together with the 10 countries 
applying for accession, carry on among them some 
four-fifths of total world trade. The tariff con- 



cessions which have been negotiated at Geneva and 
at Annecy apply to products which account for 
more than two-thirds of the import trade of the 
33 countries and more than one-half of the import 
trade of the world. 

In the Annecy negotiations the United States 
obtained concessions from the acceding countries 
on products which they imported from the United 
States in 1947 to a value of $536,997,000 or nearly 
39 percent of their total imports of all products 
from this country in that year. Very substantial 
benefits, which can not yet be accurately estimated, 
will accrue to United States exports from con- 
cessions negotiated among the acceding countries 
themselves, and between them and the other con- 
tracting parties to the agreement. These conces- 
sions will apply to United States exports to coun- 
tries in both groups. 

The concessions obtained by the United States 
were of various types, including reduction or 
elimination of foreign customs duties, bindings of 
such duties against increase, and binding of duty- 
free treatment of imports from the United States. 

Major commodity groups within which the 
United States obtained concessions from the ac- 
ceding countries at Annecy include: grains and 
cereal products j fresh and dried fruits; canned 
fruits and fruit ]uices ; vegetables ; dairy products ; 
meat, fish, and similar products; cotton; tobacco 
and tobacco products ; miscellaneous other agricul- 
tural products ; automotive vehicles and parts ; air- 
craft and parts; industrial and agricultural 
machinery, including tractors; electrical ma- 
chinery and appliances ; office machines and equip- 
ment ; metals and metal manufactures ; petroleum 
products; certain types of glassware; plumbing 
equipment; chemicals, paints, and plastics; medi- 
cinal and toilet preparations; textiles and furs; 
rubber and leather products; wood and paper 
products; naval stores; motion picture and other 
photographic products ; and many others. 

In return for concessions obtained by the United 
States in the negotiations with the acceding ot^- 
tries, this country granted reductions or bindings 
of United States "tariff rates, and bindings of duty- 
free treatment for imports into the United States. 
These United States concessions apply to products 
which the United States imported in 1948 from 
the acceding countries to the value of $143,064,000 
or 37 percent of total imports from the acceding 
countries in that year, which were valued at $382,- 
457,000. Of these total imports $182,353,000 worth 
were dutiable and $200,104,000 were duty free 
under the Tariff Act of 1930. 

Each individual acceding country at Annecy 
stands to benefit to some extent from concessions 
made there by the United States to some other 
acceding country. Imports from all 10 countries 
of products which fall into this category were 
valued in 1948 at $24,063,000. Thus total United 
States imports from the acceding countries of 
products on which those countries negotiated con- 
cessions with this country at Annecy, were valued 



Ocfober J 7, 7949 



597 



THE RECORD OF THE WEEK 



Continued 



at $167,127,000 or about 44 percent of the total 
value of imports of all products from the acceding 
countries in 1948. 

Again, the acceding countries will obtain sub- 
stantial benefit from concessions which the United 
States had previously made to other contracting 
parties to the General Agreement at Geneva in 
11)47. The value of United States imports in 1948, 
from all sources, of products which would be af- 
fected by concessions negotiated at Annecy and not 
previous! V negotiated at Geneva amounted to ap- 
proximately $250,000,000. 

On the basis of 1948 trade figures. United States 
duties were reduced at Annecy in direct negotia- 
tions with the acceding countries on imports valued 
at $60,882,000 or slightly over 15 percent of total 
imports from the 10 acceding countries; existing 
duties were bound on $4,208,000 worth, or slightly 
over 1 percent; aiul existing duty-free treatment 
was bound on $77,974,000 worth, or about 20 per- 
cent of total imports. 

Like the concessions obtained by the United 
States, those granted by this country cover a wide 
variety of articles. As in previous agreements, 
United States concessions frequently are limited to 
specifically defined types, grades, or values of prod- 
ucts which mav be broadly described in the tariff 
law. All products on which United States con- 
cessions were made at Annecy are in demand in 
this country either for direct consumption or as 
raw materials for American industries. 

The concessions of the United States apply to 
specified items within the following general 
groups: chemicals and drugs; vegetable oils; 
crockery and glassware ; stone and stone products ; 
iron and steel and their products; machinery and 
tools; wood pulp and other products; sugars and 
molasses; tobacco and its products; meat and fish 
products; dairy products; fruits, nuts, and vege- 
tables and preparations thereof; textile and fiber 
fabrics and other products ; paper and paper prod- 
ucts; jewelry; boots, shoes, and other leather 
goods; musical instruments; dyeing and tanning 
materials; and others. 

The formal document of accession is entitled The 
Annecy Protocol of Terms of Accession to the Gen- 
eral Agreement on Tariffs and Trade. It was 
drawn up under article XXXIII of the General 
Agreement. Accession of each of the new coun- 
tries will have been agreed to when two-thirds of 
the original contracting parties to the agi-eement 
have signed the protocol with regard to the par- 
ticular new country concerned. Accession will 
actually occur when the acceding country has 
signed the protocol and is prepared to put into 
effect the general provisions of the General Agree- 



ment and the tariff concessions which it negotiated 
at Annecy. The earliest date for accession is 
January 1, 1950, and the latest date on which an 
acceding country may sign the protocol is May 
30, 1950. 

As yet, the General Agreement is in effect pro- 
visionally among the 23 original contracting 
parties. That is, only parts I and III are fully ■. 
effective and part II to the extent consistent with | 
the laws of the country concerned as they existed ' 
when the agreement was signed. Acceding coun- 
tries will make provisional application under the 
same conditions. Under the terms of the Protocol 
of Provisional Application signed at Geneva in 
1947 and those of the Annecy Protocol of Acces- 
sion, any contracting party has a right to withdraw 
its provisional application of the agreement on 60 
days" notice. 

The Annecj- conference included two separate 
but related activities: (1) the tariff negotiations 
which have been referred to, and (2) the third 
session of the original contracting parties to the 
General Agreement on Tariffs and Trade. The 
third session of the contracting parties was con- 
cerned with various matters relating to the opera- 
tion of the agreement and with the terms on which 
the new countries would accede to it. The original 
contracting parties did not negotiate any new con- 
cessions among themselves at Annecy. 



THE FOREIGN SERVICE 



Chiefs of Diplomatic Missions to Meet 

[Released to the press October 6] 

In keeping with the policy of holding informal 
periodic meetings of United States Diplomatic offi- 
cials to exchange views and discuss questions of 
mutual interest and concern, a meeting of the 
Chiefs of United States diplomatic missions in 
Eastern Europe will be held on October 24r-25 in 
London which has been selected because of its cen- 
tral location. 

The American Ambassadors from Moscow (Ad- 
miral Alan G. Kirk), Warsaw (Waldemar J. Gall- 
man), Prague (Ellis O. Briggs) and Belgrade 
(Cavendish W. Cannon), and the American Min- 
isters from Budapest (Nathaniel P. Davis), Buch- 
arest (Eudolf E. Schoenfeld) and Sofia (Donald 
R. Heath) will attend. Assistant Secretary of 
State George W. Perkins also plans to be present. 



598 



Department of State Bulletin 



PUBLICATIONS 



Recent Releases 

For sale by the Superintendent of Documents, Government 
Printing Offlce, Washington 25, D. C. Address requests 
direct to the Superintendent of Documents, except in the 
case of free publications, which may be obtained from the 
Department of State. 

Proceedings of the Inter-American Conference on Con- 
servation of Renewable Natural Resources, Denver, Colo- 
rado, September 7-20, 1948. International Organization 
and Conference Series II, American Republics 4. Pub. 
33S2. 782 pp. $2.25. 

These papers reflect a serious study of the whole 
broad range of conservation problems. 

Exchange of Official Publications. Treaties and Other 
International Acts Series 1927. Pub. 3550. 3 pp. 5^. 

Agreement between the United States and Austria — 
Effected by Exchange of Notes signed at Washington, 
March 11 and 23, 1949 ; entered into force March 23, 
1949. 

The Foreign Service of the United States, August 15, 
1949. Department and Foreign Service Series 6. Pub. 
3612. 68 pp. 20((. 

General information and pertinent laws and regula- 
tions concerning the Foreign Service. 

The United Nations at Work, 1949. International Organ- 
izatidu and Conference Series III, 33. Pub. 3618. 6 
pp. 5^. 

A brief summary of the United Nations achievements. 

Technique for Peace: The United Nations and Pacific 
Settlement. International Organization and Conference 
Series III, 34. Pub. 3621. 12 pp. 50. 

From an address by James N. Hyde, adviser on Se- 
curity Council and General Affairs to the United 
States Mission to the United Nations. The address 
was given before the Institute of International Af- 
fairs, University of Maine, on August 1, 1949. 

Guide to the United States and the United Nations, Re- 
vised to July 1949. International Organization and Con- 
ference Series III, 37. Pub. 3625. 11 pp. 10«f. 

A chronology of United States interest and participa- 
tion in the United Nations, listing of United States 
representatives, an organizational diagram, and a 
bibliography. 

Diplomatic List, September 1949. Pub. 3633. 158 pp. 
30^ a copy ; $3.25 a year domestic, $4.50 a year foreign. 

Monthly list of foreign diplomatic representatives in 
Washington, with their addresses. 

The Foreign Policy of a Free Democracy. General For- 
eign Policy Series 17. Pub. 3630. 5 pp. [Buixetin 
Reprint] Free. 

Address by Ambassador Philip C. Jessup at the 



Golden Jubilee National Convention of Veterans of 
Foreign Wars, Miami, Fla., on August 24, 1949. 

The Problem of the Former Italian Colonies at the Third 
Session of the General Assembly. International Organ- 
ization and Conference Series III, 38. Pub. 3638. 34 pp. 
[BULLETIN Reprint] Free. 

A review of the problem of the former Italian colonies 
at the 3d session of the General Assembly by David 
W. Wainhouse and Philip A. Mangano. 



THE DEPARTMENT 



U. S. Representative on Inter-American Coun- 
cil of Jurists Named 

The Acting Secretary of State announced on 
October 7 the appointment of William Sanders as 
representative of the United States of America on 
the Inter-American Council of Jurists. Mr. San- 
ders is Special Assistant to the Assistant Secretary 
for United Nations Affairs, and will serve as the 
United States representative on the Inter- Amer- 
ican Council of Jurists in addition to Ms present 
duties in the Department. 

The Inter-American Council of Jurists is an 
organ of the Council of the Organization of Amer- 
ican States. The Charter of the Organization of 
American States, signed at the Ninth Interna- 
tional Conference of American States at Bogota 
in 1948, provides that the Inter-American Council 
of Jurists is to serve as an advisory body on juridi- 
cal matters ; to promote the development and codi- 
fication of public and private international law; 
and to study the possibility of attaining uniformity 
in the legislation of the various American coun- 
tries. The Council is scheduled to hold its first 
meeting within the next several months, in Rio de 
Janeiro. 

In addition to his duties in the Department, Mr. 
Sanders also serves at present as alternate United 
States representative on the Council of the Organ- 
ization of American States. 



Director of Office of German and Austrian 
Affairs Named 

The Department of State on October 7 announced the 
appointment of Colonel Henry A. Byroade as Director of 
its Oflice of German and Austrian Affairs, succeeding Am- 
bassador Robert Murphy, who has been nominated by the 
President as Ambassador to Belgium. 



October 17, 7949 



599 



Occupation Matters P>Ke 

Analysis and Effects of the Elections in West- 
ern Germany. By Otto Kirchheimer and 
Arnold H. Price 563 

The Protection of Foreign Interests in Ger- 
many: 

Memorandum 573 

Report 575 

Recommendations 579 

Democratic Advance of Western Germany — 
U.S. Rejects Soviet Interpretation of 
Events. Statement by Acting Secretary 
Webb 590 

Laws for Filing Claims in Germany An- 
nounced 591 

Soviet Treatment of Americans Called Shock- 
ing Contravention to International De- 
cency. Text of Note 592 

Treaty Information 

Administration of Trade Agreements Program: 

Executive Order 10082 593 

Procedures Prescribed and Practices Re- 
voked 595 

Concessions Granted From Negotiations at 
Annecy 596 



United Nations and Page 

Specialized Agencies 

U.S. Views on Question of Disposition of 
Former Italian Colonies. Statement by 
Ambassador Jessup 585 

Supplementary Report of the U. N. Special 

Committee on the Balkans 588 

National Security 

First Stage of Exploratory Talks on Atomic 
Energy Completed. Statement by Acting 
Secretary Webb 589 

International Organizations 
and Conferences 

U.S. Delegation to Third Meeting of Directing 
Council: Pan American Sanitary Organi- 
zation 589 

The Foreign Service 

Chiefs of Diplomatic To Meet 598 

The Department 

U.S. Representative on Inter-American Coun- 
cil of Jurists Named 599 

Director of Office of German and Austrian 

Affairs Named 599 

Publications 

Recent Releases 599 



%(yrUvwut(yy6. 



Otto Kirchheimer and Artwlci E. Price, authors of the 
article on the German election.s, are officers in the Division 
of Research for Europe. Mr. Kirchheimer is Foreign 
Affairs Specialist in the Division; Mr. Price is Foreign 
Affairs Analyst 



U. S. COVERNHCNT PKINTIN6 OFFICE: I94» 



J/ie^ ^e^a/y^^eni/ aw triai^ 




MUTUAL ASSISTANCE ACT OF 1949 SIGNED . 



THE ROLE OF THE "LITTLE ASSEMBLY" IN 
PROMOTING INTERNATIONAL POLITICAL 

COOPERATION • By Ambassador Warren R. Austin . 612 



THE STAKE OF BUSINESS IN AMERICAN FOREIGN 

POLICY • By Deputy Under Secretary Rusk .... 630 



OUR EDUCATIONAL AND IDEOLOGICAL TASK IN 

TODAY'S WORLD • Article by Margaret Hicks Williams . 609 



For complete contents see back cover 



Vol. XXI, No. 538 
October 24, 1949 







«. & SUPERINTEHOeNT OF UOUOIWti'l^ 

NOV 8 iJii; 




\/ne z/Je^icvytme^l^ ^^ t/iaCe 



bulletin 

Vol. XXI, No. 538 • Pcbucation 3656 
October 24, 1949 



For salo by the Superintendent of Documents 

U.S. Government Printinp Office 

Washington 25. D.C. 

Prick: 

52 Issues, domestic $6, foreign $s..'.ii 

Single copy, 20 cents 

The printinp of this publication ho? 

been approved by the Director of the 

Bureau of the Budget (February 18, 1'MV). 

Note: Contents of this publication are not 
copyrighted and Items contained herein may 
be reprinted. Citation of the Department 
OF State Bulletin as the source will be 
appreciated. 



The Department of State BULLETIN, 
a tceekly publication compiled and 
edited in the Division of Publications, 
Office of Public Affairs, provides the 
public and interested agencies of 
the Government tcith information on 
developments in the field of foreign 
relations and on the icork of the De- 
partment of State and the Foreign 
Service. The BULLETIN includes 
press releases on foreign policy issued 
by the White House and the Depart- 
ment, anil statements and addresses 
made by the President and by the 
Secretary of State and other officers 
of the Department, as well as special 
articles on various phases of inter- 
national affairs and the functions of 
the Department. Information is in- 
cluded concerning treaties and in- 
ternational agreements to which the 
United Slates is or may become a 
party and treaties of general inter- 
national interest. 

Piihticalions of the Department, as 
tcell as legislative material in the field 
of international relations, are listed 
currently. 



MUTUAL DEFENSE ASSISTANCE ACT OF 1949 



PRESIDENT TRUMAN SIGNS ACT 

Statement hy the President 

[Released to the press 

bil the White House Octotter 6] 

I have just signed the Mutual Defense Assist- 
ance Act of 1949. This is a notable contribution 
to the collective security of the free nations of the 
world. It is one of the many steps we are taking 
with other free peoples to strengthen our common 
defense in furtherance of the principles of inter- 
national peace and order enshrined in the Charter 
of the United Nations. 

The dominant objective of our foreign policy is 
to create peaceful and stable conditions through- 
out the world, so that men may lead happier and 
more fruitful lives. This objective cannot, how- 
ever, be achieved if the economic efforts of free 
men are overshadowed by the fear of aggression. 
Bv strengthening the common defense this act will 
do mucli to allay that fear. The security which 
this act offers will aid in promoting the economic 
welfare of the free nations and in restoring their 
confidence in a peaceful and prosperous future. 

Since the ratification of the North Atlantic 
Treaty, the countries of the North Atlantic com- 
munity have made considerable progress in Avork- 
ing together for their mutual security. Their com- 
bined activity will do much to increase the 
effectiveness of tlie assistance to be provided under 
this act. Further progress in these arrangements 
for the common defense will make it possible to 
provide the full measure of pi-otection which this 
act offers to this country and other nations. 

Recent developments in the field of armaments 
have strengthened the free nations in their ad- 
herence to the principle of a common defense — the 
principle that underlies this act. By emphasizing 
the common determination of free nations to pro- 
tect themselves against the threat or fear of ag- 
gression, the Mutual Defense Assistance Act will 
strengthen the peace of the world. 

This act is necessary only because of the unset- 

Ocfober 24, J 949 



tied conditions of the world today which we, in 
concert with many other nations, are striving to 
overcome. It is my belief that we shall be success- 
ful in these efforts to achieve international under- 
standing and to establish, in accordance with our 
national policy, effective international control and 
reduction of armaments, through the United 
Nations. 



FULL APPROPRIATIONS ASKED 

[Released to the press 

by the White Hotise October 10] 

The President today requested Congress to ap- 
propriate the full amount authorized in the re- 
cently passed Mutual Defense Assistance Act of 
1949 to provide military assistance to foreign 
nations. 

The request includes an appropriation of $814,- 
010,000 and authority to enter into contracts in 
the amount of 500 million dollars. 

The bulk of the funds will be used to provide 
military aid to those North Atlantic Treaty coun- 
tries which request aid. Until recommendations 
by the North Atlantic Council and its Defense 
Committee for an integrated defense of the North 
Atlantic area have been approved by the Presi- 
dent, only 100 million dollars will be available to 
provide aid to those countries. Funds to continue 
the Greek-Turkish program are included in the ap- 
propriation. Military assistance will be made 
available also to Iran, Korea, and the Philippines. 
Finally, 75 million dollars will be provided to 
carry out tlie purposes and policies of the act in 
the general area of China. 

This new step in United States foreign policy 
recently approved by the Congress must be sup- 
ported by the ai^propriation of funds to carry out 
the very important objectives of the act. It is es- 
sential to strengthen effectively the defensive es- 
tablishments of free nations that are associated 
with us in the effort to create a world free of the 
fear of aggression. 

603 



TEXT OF THE ACT' 

An act to promote the foreign policy and pravide 
for the defense and general welfare of the United 
States by furnishing military afssintance to foreign 
Tiations. 

Be it enacted by the Senate and House of Rep- 
resentatives of the United States of America in 
Congress assembled, That this Act nuiy be cited 
as the "Mutual Defense Assistance Act of 1949''. 

FINDINGS AND DECLARATION OF POLICY 

Tlie Congress of the United States reaffirms the 
policy of the United States to achieve international 
peace and security through the United Nations so 
that armed force shall not be used except in the 
common interest. The Congress hereby Hnds that 
the efforts of the United States and other countries 
to promote peace and security in furtherance of 
the purposes of the Charter of the United Nations 
require additional measures of support based upon 
the principle of continuous and effective self-help 
and mutual aid. These measures include the fur- 
nishing of militai-y assistance essential to enable 
the United States and other nations dedicated to 
the purposes and principles of the United Nations 
Charter to participate effectively in arrangements 
for individual and collective self-defense in sup- 
port of those purposes and principles. In furnish- 
ing such military assistance, it remains the policy 
of the United States 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 con- 
trol of weapons of mass destruction and universal 
regulation and reduction of armaments, including 
armed forces, under adequate safeguards to protect 
complying nations against violation and evasion. 

The Congress hereby expresses itself as favoring 
the creation by the free countries and the free peo- 
ples of the Far East of a joint organization, con- 
sistent with the Charter of the United Nations, to 
establish a program of self-help and mutual coop- 
eration designed to develop their economic and 
social well-being, to safeguard basic rights and 
liberties and to protect their security and inde- 
pendence. 

The Congress recognizes that economic recovery 
is essential to international peace and security and 
must be given clear priority. Tlie Congress also 
recognizes that the increased confidence of free 
peoples in their ability to resist direct or indirect 
aggression and to maintain internal security will 
advance such recovery and sui^port political 
stability. 

Title I 

NORTH ATLANTIC TREATY COUNTRIES 

Sec. 101. In view of the coming into force of the 
' Public Law 329, 81st Cong. 
604 



North Atlantic Treaty and the establishment 
tiiereunder of the Council and the Defense Com- 
mittee which will recommend measures for the 
couunon 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 imme- 
diate steps to increase the integrated defensive 
armed strength of the parties to the treaty, the 
President is hereby authorized to furnish military 
assistance in the form of equipment, materials, and 
services to such nations as are parties to the treaty 
and have heretofore requested such assistance. 
Any such assistance furnished under this title shall 
be subject to agreements, further referred to in 
section -102, designed to assure that the assistance 
will be used to promote an integrated defense of 
the North Atlantic area and to facilitate the devel- 
opment of defense plans by the Council and the 
Defense Connnittee under article 9 of the North 
Atlantic Treaty and to realize unified direction and 
effort : and after the agi-eement by the Government 
of the United States with defense plans as recom- 
mended by the Council and the Defense Commit- 
tee, military assistance hereunder shall be fur- 
nished only in accordance therewith. 

Sec. 102. There are hereby authorized to be ap- 
propriated to the President for the period through 
June ;30, 1950, out of any moneys in the Treasury 
not otherwise appropriated, for carrying out the 
provisions and accomplishing the policies and pur- 
poses of this title, not to exceed $.500,000,000, of 
which not to exceed $100,000,000 shall be immedi- 
ately available upon appropriation, and not to 
exceed $400.()00,0()0 shall become available when 
the President of the United States approves recom- 
mendations for an integrated defense of the North 
Atlantic area which may be made by the Council 
and the Defense Committee to be established under 
the North Atlantic Treaty. The recommendations 
which the President may approve shall be limited, 
so far as expenditures by the United States are 
concerned, entirely to the amount herein author- 
ized to be appropriated and the amount authorized 
hereinafter as contract authority. 

Sec. 103. In addition to the amount authorized 
to be appropriated under section 102, the President 
shall have authority, within the limits of specific 
contract authority which may be hereafter granted 
to him in an appropriation Act, to enter into con- 
tracts for carrj'ing out the provisions and accom- 
plishing the policies and purposes of this title in 
amounts not exceeding in the aggi'egate $500,000,- 
000 during the period ending June 30, 1950, and 
there are hereby authorized to be appropriated for 
expenditure after June 30, 1950, such sums as may 
be necessary to pay obligations incurred under 
such contract authorization. No contract author- 
ity which may be granted pursuant to the provi- 
sions of this section shall be exercised by the 
President until such time as he has approved rec- 
ommendations for an integrated defense of the 
North Atlantic area which may be made by the 

Department of State Bulletin 



Council and the Defense Committee to be estab- 
lished under the North Atlantic Treaty. 

Sec. 10-i. 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 fac- 
tory or other manufacturing establishment outside 
of the United States or to provide equipment ov 
machinery (other than machine tools) for any such 
factory or other manufacturing establishment, (b) 
to defray the cost of maintaining any such factory 
or other manufacturing establishment, (c) directly 
or indirectly to compensate any nation or any gov- 
ernmental agency or person therein for any 
diminution in the export trade of such nation re- 
sulting from the carrying out of any program of 
increased military production or to make any pay- 
ment, in the form of a bonus, subsidy, indenmity, 
guaranty, or otherwise, to any owner of any such 
factory or other manufacturing establishment as 
an inducement to such owner to undertake or in- 
crease production of arms, ammunition, imple- 
ments of war, or other military supplies, or (d) for 
the compensation of any person for personal serv- 
ices rendered in or for any such factory or 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 otlier manufacturing establishments 
to effectuate the purposes of this Act and in con- 
formity with desired standards and specifications. 

Title II 

GREECE AND TURKEY 

Sec. 201. In addition to the amounts heretofore 
authorized to be appropriated, there are hereby 
authorized to be appropriated, out of any moneys 
in the Treasury not otherwise appropriated, not to 
exceed $211,370,000 to carry out the provisions of 
the Act of May 22, 1947, as amended, for the period 
through June 30, 1950. 

Title III 

OTHER ASSISTANCE 

Sec. 301. The President, whenever the furnish- 
ing of such assistance will further the purposes 
and policies of this Act, is authorized to furnish 
military assistance as provided in this Act to Iran, 
the Republic of Korea, and the Republic of the 
Philippines. 

Sec. 302. There are hereby authorized to be ap- 
propriated to the President for the period through 
June 30, 1950, out of any moneys in the Treasury 
not otherwise appropriated, for carrying out the 
provisions and accomplishing the purposes of sec- 
tion 301, not to exceed $27,640,000. 

Sec. 303. In consideration of the concern of the 
United States in the present situation in China, 
there is hereby authorized to be appropriated to 



the President, out of any moneys in the Treasury 
not otherwise appropriated, the sum of $75,000,000 
in addition to funds otherwise provided as an 
emergency fund for the President, which may be 
expended to accomplish in that general area the 
policies and jiurposes declared in this Act. Cer- 
tification by the President of the amounts ex- 
pended out of funds authorized hereunder, and 
that it is inadvisaljle to specify the nature of such 
expenditures, shall be deemed a sufficient voucher 
for the amounts expended. 

Title IV 

GENERAL PROVISIONS 

Sec. 401. Military assistance may be furnished 
under this Act, without payment to the United 
States except as provided in the agreements con- 
cluded pursuant to section 402, by the provision of 
any service, or by the procurement from any source 
and the transfer to eligible nations of equipment, 
materials, and services: Provided^ That no equip- 
ment or materials may be transferred out of mili- 
tary stocks if the Secretary of Defense, after con- 
sultation with the Joint Chiefs of Staflf, deter- 
mines that such transfer would be detrimental to 
the national security of the United States or is 
needed by the reserve components of the armed 
forces to meet their training requirements. 

Sec. 402. The President shall, prior to the fur- 
nishing of assistance to any eligible nation, con- 
clude agreements with such nation, or gi-oup of 
such nations, which agreements, in addition to such 
other provisions as the President deems necessary 
to effectuate the policies and purposes of this Act 
and to safeguard the interests of the United States, 
shall make appropriate provision for — 

(a) the use of any assistance furnished under 
this Act in furtherance of the policies and purposes 
of this Act ; 

(b) restriction against transfer of title to or 
possession of any equipment and materials, infor- 
mation or services furnished under this Act with- 
out the consent of the President ; 

(c) the security of any article, service, or infor- 
mation furnished under this Act; 

(d) furnishing equipment and materials, serv- 
ices, or other assistance, consistent with the Char- 
ter of the United Nations, to the United States 
or to and among other eligible nations to further 
the policies and purposes of this Act. 

Sec. 403. (a) Any funds available for carrying 
out the policies and purposes of this Act, including 
any advances to the United States by any nation 
for the procurement of equipment and materials 
or services, may be allocated by the President for 
any of the purposes of this Act to any agency, and 
such funds shall be available for obligation and 
expenditure for the purpose of this Act in accord- 
ance with authority granted hereunder or under 
the authority governing the activities of the agency 
to which such funds are allocated. 



Ocfober 24, 1949 



605 



(b) Reimbuisement sliall be made by or to any 
agency from funds available for the purpose of 
this Act for any equipment and materials, services 
or other assistance furnished or authorized to be 
furnished under authority of this Act from, by, or 
throu<,'li any ajijency. Such reimbursement shall 
include expenses arising from or incident to oper- 
ations under this Act and shall be made by or to 
such agency in an amount equal to the value of 
such equipment and materials, services (other than 
salaries of members of the armed forces of the 
United States) or other assistance and such ex- 
penses. The amount of any such reimbursement 
shall be credited as reimbursable receipts to cur- 
rent applicable appropriations, funds, or accounts 
of such agency and .shall be available for, and 
under the authority applicable to, the purposes for 
which sucii ajjpropriations. funds, or accounts are 
autlioi'ized to be used, including the procurement 
of equipment and materials or services required 
by such agency, in the sanu' general category as 
those furnished by it or authorized to be procured 
by it and expenses arising from and incident to 
such procurement. 

(c) The term "value", as used in subsection 
(b) of this section, means — 

(1) with resi)ect to any excess equipment or 
materials furnished under this Act, the gross 
cost of repairing, rehabilitating, or modifying 
such equipment or materials prior to being so 
furnished ; 

(2) with respect to any nonexcess equipment or 
materials furnished under this Act which are taken 
from the mobilization reserve (other than equip- 
ment or nuiterials referred to in paragraph (3) of 
this subsection), the actual or the projected (com- 
puted as accui'ately as pi-acticable) cost of procur- 
ing for the mobilization reserve and equal quantity 
of such equipment or nuiterials or an equivalent 
quantity of equijjment and materials of the same 
general type but deemed to be more desirable for 
inclusion in the mobilizaticm reserve than the 
equipment or materials furnished; 

(3) with respect to any nonexcess equi])ment or 
materials furnished under this Act 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 e(iui])nient and mate- 
rials or its replacement cost, whichever the Secre- 
tary of Defense may specify; and 

(4) with respect to any equipment or materials 
furnished under this Act which are procured for 
the jjurpose of being so furnished, the gross cost to 
the United States of such equipment aiul materials. 
In determining the gross cost incurred by any 
agency in repairing, rehabilitating, or modifying 
any excess equipment furnished under this Act, 
all parts, acce.ssories, or other materials used in 
the course of such repair, rehabilitation, or nu)di- 
fication shall be priced in accordance with the cur- 



rent standard pricing policies of such agency. 
For the purpose of this suljsection. the gross cost 
of any equipment or materials taken from the mo- 
h)ilization i-eserve means eitiier the actual gross 
cost to the United States of that particular equip- 
ment or materials or the estimated gross cost to the 
United States of that particular equipment or ma- 
terials obtained by multi|)lying the number of 
units of such particular etiuipment or nuiterials by 
the average gross cost of each unit of that equip- 
ment ami materials owned by the furnishing 
agency. 

(d) Not to exceed $450,000,000 worth of excess 
equipment and materials may be furnished under 
this Act or may hereafter be furnished under the 
Act of May 22, 1947, as amended. For the pur- 
poses of this subsection, the worth of any excess 
equijunent or materials means either the actual 
gross cost to the United States of that particular 
equipment or materials or the estimated gross cost 
to the United States of tlial |)articular 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 or materials owned by the furnishing 
agency. 

Sec. 404. The President may exercise any power 
or authority conferred on him by this Act through 
such agency or officer of the United .States as he 
shall direct, except such powers or authority con- 
ferred on him in section 40") and in clause (2) of 
subsection (b) of section 407. 

Sec. 405. The President shall terminate all or 
part of any assistance authorized by this Act un- 
der any of the following circumstances : 

(a) If requested b}' any nation to which assist- 
ance is being rendered ; 

(b) If the President determines tliat the fur- 
nishings of assistance to any nation is no longer 
consistent with the national interest or security 
of the United States or the policies and purposes 
of this Act ; or 

(c) If the President determines that provision 
of assistance would contravene any decision of the 
Security Council of the United Nations, or if the 
President otherwise determines that jirovisiou of 
assistance to anj^ nation would be inconsistent with 
the obligation of the United States under the 
Charter of the United Nations to refrain from giv- 
ing assistance to any nation against which the 
United Nations is taking jjreventive or enforce- 
ment action or in respect of which the General 
Assembly finds the contiiuiance of such assistance 
is undesirable. 

(d) Assistance to nuy nation under this Act may, 
unless sooner terminated by the President, be ter- 
minated b}' concurrent resolution by the two 
Houses of the Congress: Provided. That funds 
made available under this Act shall remain avail- 
able for twelve months from the date of such ter- 
mination for the necessarj- expenses of liquidating 
contracts, obligations, and oi)erations under this 
Act. 



606 



Department of Sfafe Bulletin 



Sec. 406. (a) Any agency may employ such ad- 
ditional civilian personnel without regard to sec- 
tion 14 (a) of the Federal Employees Pay Act of 
1946 (60 Stat. iil9), as amended, as the President 
deems necessary to carry out the policies and pur- 
poses of this Act. 

(b) Notwithstanding the provisions of Revised 
Statutes 1222 (U. S. C, title 10, sec. 576), person- 
nel of the armed forces may be assigned or detailed 
to noncombatant duty, including duty with any 
agency or nation, for the purpose of enabling the 
President to furnish assistance under this Act. 

(c) Technical experts and engineering consult- 
ants, not to exceed fifteen persons at any one time, 
as authorized by section 15 of the Act of August 2, 
1946 (U. S. C, title 5, sec. 55a), required for the 
purjDoses of this Act, may, if the President deems 
it advantageous for the purposes of this Act and 
if in his opinion the existing facilities of the agency 
concerned are inadequate, be employed by any 
agencj' performing functions under this Act, and 
individuals so employed may be compensated at 
rates not in excess of $50 per diem. 

(d) Service of any individual employed as a 
technical expert or engineering consultant under 
subsection (c) of this section shall not be con- 
sidered as service or employment bringing such 
individual within the j^rovisions of sections 281, 
283, and 284 of United States Code, title 18, of sec- 
tion 190 of the Revised Statutes (U. S. C, title 5, 
sec. 99), or of any other Federal law imposing 
restrictions, requirements, or penalties in relation 
to the employment of persons, the performance of 
services, or the payment or receipt of compensa- 
tion in connection with any claim, proceeding, or 
matter involving the United States, except insofar 
as such provisions of law may prohibit any such 
individual from receiving compensation in respect 
of any particular matter in which such individual 
was directly involved in the performance of such 
service. 

(e) For the purpose of carrying out the provi- 
sions of this Act, there may be emploj'ed not to 
exceed three persons at a rate of compensation 
not to exceed $15,000 and one person at a rate 
of compensation not to exceed $16,000. Any per- 
son so employed shall be appointed by the Presi- 
dent, by and with the advice and consent of the 
Senate. 

Sec. 407. (a) Nothing in this Act shall alter, 
amend, revoke, repeal, or otherwise affect the pro- 
visions of the Atomic Energy Act of 1946 (60 Stat. 
755). 

(b) The President may perform any of the 
functions authorized vmcler section 401 of this Act 
without regard to (1) the provisions of title 10, 
United States Code, section 1262 (a), and title 34, 
United States Code, section 546 (e) ; and (2) such 
provisions as he may specify of the joint resolu- 
tion of November 4. 1939 (54 Stat. 4), as amended. 

Sec. 408. (a) Notwithstanding any other pro- 
vision of law, the Reconsti-uction Finance Cor- 
poration is authorized and directed, until such 



time as appropriations shall be made under the 
authority of this Act and the Act of May 22, 
1947, as amended, to make advances not to exceed 
in the aggregate $125,000,000 to carry out the 
provisions of this Act and the Act of May 22, 
1947, as amended, in such manner, at such time, 
and in such amounts as the President shall deter- 
mine, and no interest shall be charged on advances 
made by the Treasury to the Reconstruction Fi- 
nance Corporation for this purpose. The Recon- 
struc-tion Finance Corporation shall be repaid 
without interest for advances made by it here- 
under from funds made available for the purposes 
of this Act and the Act of May 22, 1947, as 
amended. 

(b) Funds made available for carrying out the 
provisions of title I shall be available for the 
expenses of achninistering the provisions of this 
Act and of the Act of May 22, 1947, as amended. 
Wlienever possible the expenses of administration 
of this Act shall be paid for in the currency of the 
nation where the expense is incurred, as provided 
in subsection (d). 

(c) Wlienever 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 5 
per centum of the amounts niade available for the 
purposes of any title of this Act for the purposes 
of any other title. Whenever the President makes 
any such determination, he shall forthwith notify 
the Committee on Foreign Relations of the Senate, 
the Committees on Armed Services of the Sen- 
ate and of the House of Representatives, and the 
Committee on Foreign Affairs of the House of 
Representatives. 

(d) Upon approval by the President, any cur- 
rency 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 ex- 
penditures for essential administrative expenses 
of the United States in any such nation incident 
to operations under this Act and the amount, if 
any, remaining after the payment of such achnin- 
istrative expenses shall be used only for purposes 
specified by Act of Congress. 

(e) The President may, from time to time, in 
the interest of achieving standardization of mili- 
tary equipment and in order to provide procure- 
ment assistance without cost to the United States, 
transfer, or enter into contracts for the procure- 
ment for transfer of, equipment, materials or serv- 
ices to nations designated in title I, H, or III of 
this Act. or to a nation which has joined with the 
United States in a collective defense and regional 
arrangement: Provided, That, prior to any such 
transfer or the execution of any such contracts, 
any such nation shall have made available to the 
United States the full cost, actual or estimated, 
of such equipment, materials, or services, and shall 
have agreed to make available forthwith upon re- 
quest any additional sums that may become due 
under such contracts. 



October 24, 1949 



607 



(f) Any equipment or materials procured to 
carry out the purposes of title I of this Act shall 
be retained by, or transferred to, and for the use 
of, such department or ajrency of the United States 
as the President may determine in lieu of being 
disposed of to a nation which is a party to the 
North Atlantic Treaty whenever in the judfrnient 
of the President of the United States such disposal 
to a foreign nation will not promote the self-help, 
mutual aid, and collective capacity to resist armed 
attack contemplated by the treaty or whenever such 
retention is called for by concurrent resolution by 
the two Houses of the Congiess. 

Sec. 40!). That at least 50 per centum of the 
gross toniiajre of any equipment, materials, or 
connnodities made available under the provisions 
of this Act, and transported on ocean vessels (com- 
puted separately for dry bulk carriers and dry 
cargo liners) shall be transported on United States 
flag commercial vessels at market rates for United 
States flag commercial vessels in such manner as 
will insure a fair and reasonable participation of 
United States flag commercial vessels in cargoes 
by geographic areas. 

Sec. 410. The President, from time to time, but 
not less frequently than once every six months, 
while operations continue under this Act. shall 
transmit to the Congress reports of expenditures 
and activities authorized under this Act, except 
information the disclosure of which he deems in- 
compatiljle 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 Representa- 
tives, as the case may be, is not in session. 

Sec. 411. For the purpose of this Act — 

(a) 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 purposes of this Act, or 
any component or part thereof, used or required 
for use in connection therewith, or required in or 
for the manufacture, pioduction, processing, stor- 
age, transportation, repair, or rehabilitation of any 
equipment or materials, but shall not include mer- 
chant vessels. 

(b) The term "mobilization reserve", as used 



with respect to any equipment or materials, means 
the quantity of such equipment or materials de- 
termined by the Secretary of Defense under reg- 
ulations 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. 

(c) The term "excess", as used with respect to 
any equipment or materials, means the quantity 
of such efiuipinent or materials owned by the 
United States which is in excess of the mobiliza- 
tion reserve of such equipment or materials. 

(d) The term ".services" shall include any serv- 
ice, repair, training of personnel, or technical or 
other assistance or information necessary to efiFec- 
tuate the purposes of this Act. 

(e) The term "agency" shall mean any depart- 
ment, agency, establishment, or wliollv owned cor- 
I)oration of the Government of the United States. 

(f) Tiie 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. 

(g) The term "nation" shall mean a foreign gov- 
ernment eligible to receive assistance under this 
Act. 

Sec. 412. Whoever offers or gives to anyone who 
is now or in the past two years has been an em- 
ployee or officer of the United States any commis- 
sion, payment, or gift, in connection with the pro- 
curement of equipment, materials, or services un- 
der this Act, and whoever, being or having been 
an employee or officer of the United States in the 
past two years, solicits, accepts, or offers to accept 
any such commission, payment, or gift, shall upon 
conviction thereof be subject to a fine of not to 
exceed $10,000 or imprisonment for not to exceed 
three years, or both. 

Sec. 413. If any provision 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 applicability of such 
provision to other circumstances or persons shall 
not be affected thereby. 

Approved October 6, 1949. 



608 



Department of State Bulletin 



OUR EDUCATIONAL AND IDEOLOGICAL TASK IN TODAY'S WORLD 



hy Margaret Hicks Williams ' 



The recent greeting by the President to a group 
of British exchange teachers and the welcome they 
received at tlie British Embassy are the outward 
expressions of the warm appreciation and support 
of both our governments to the British-American 
Interchange of Teachers Program. Those teach- 
ers are, in a sense, reverse Marshall aid to America 
in terms of Britain's most valuable export — 
people, people of courage and character. 

For each of them the present impact of America 
is perhaps rather sharp. They are here at a mo- 
ment of possible tensions between us, as are the 
American teachers in Britain. It is hoped that 
surface differences may not be allowed to distort 
our unity of purpose and disguise our great need 
of one another. There are those, especially at 
this time, who do not wish us to remember these 
facts and who desire to create suspicion and 
jealousy. Let us resolve to look for and stress 
those things which unite us. 

Both our nations know the meaning of loss. 
Though we entered the war 27 months later than 
they, our war dead and wounded totaled 1,070,000, 
as compared with 980,161 military dead, wounded, 
missing, and civilian dead for the United King- 
dom, New Zealand, Australia, South Africa, 
Canada, and the Colonies. 

World War II cost Britain 30 billion pounds; 
it cost us 82..5 billion pounds. In 1939 our taxes 
were 1 dollar out of every 13. Today they are 
more than 1 dollar out of every 4. 

We are not smug about these facts. We are 



' This article is based on an address delivered at the 
U.S. Office of Education Indoctrination Sessions, Wash- 
ington, D.C., for the British exchange teachers of 1949-50. 
Mrs. Williams is chief of the British Commonwealth Area 
in the Public Affairs Overseas Staff. 



inwardly humbled at the responsibility of steward- 
ship. But we are also, as the debates in our Con- 
gress bear witness, determined that the free world 
shall survive and that the resources which we are 
attempting to make wisely available toward this 
end shall be used for the good of all and the greed 
of none. For America's resources are not limit- 
less, America's aid is not out of surplus but un- 
selfishness, and America's need to survive is as 
critical as Europe's, for it is not her need, but ours. 

We are a vast country of great richness. Our 
shops have many things; those of Great Britain 
have not. Our homes have labor-saving devices 
and our women have more leisure time. We our- 
selves, however, are more conscious than British 
editorial writers may know of places where we 
need as a nation to change and to find answers — 
to our race problem, to our labor-management 
disunity, to our divorce and delinquency rise, to 
our waste. But there is another side to America 
a« well. Let them look for themselves. Let them 
look below the surface and come to know and trust 
us — for the total that we are and for what we are 
striving to become. 

We wear our emotions nearer to the surface; 
this is no proof that we are shallow.. 

We have abundance; this is no proof that we 
do not sacrifice. 

We speak to strangers ; this is no proof that we 
do not guard our privacy. 

We drive our cars on the wrong side and do 
the oddest things with our knives and forks. 

But the neglected factor which needs under- 
lining in the j^eculiar circumstances of our age 
is that fundamentally we are one. The more 
Britain and America are going to be compelled to 
differ on economic and other matters, the more im- 



Ocfober 24, 7949 



609 



portant it becomes to reassert those basic issues 
oil which we stand united. 

Our English visitors are here to teach for a year 
in our schools. They and their American counter- 
parts will at a conservative estimate directly touch 
the lives of several million children in Britain 
and America. 

"Wliat do those children need? 

"What have the teachers to give? 

Here again one might warn against judging 
from surface facts or comparisons. Theirs is a 
country of 100 thousand square miles; ours, of 
three million. They have 28 thousand schools to 
our 200 thousand. Yet under the British Educa- 
tion Act (1944) , they are spending proportionately 
on their .5 million school children more than we 
are on our 25 million. They have a centralized 
system under a Minister of Education; we have 
49 separate school systems. Our Office of Educa- 
tion is purely advisory. Our instruction is less 
formal, less exacting than theii-s. They put 
enii)hasis on theory; we, on practice. 

Our students, they will find, come from a wide 
range of backgrounds, speak a variety of dialects 
as diverse as Yorkshire and Cockney. They show 
a relative lack of parental discipline, a frankness, 
and an informality which is carried to rudeness at 
times, yet oddly enough makes for good learners. 
One of their British colleagues formerly here as 
an exchange teaclier, put it this waj' : "You have 
freedom, we have discipline. We need them 
both." We do. 

We are all working to produce the world's most 
important resource — the resource of youth trained 
not to muddle through a possible third world war, 
but a youth equipped morally as well as mentally 
to build a woild tliat works. Few would be bold 
enough to claim that we are fully meeting that 
production target. 

From the earliest beginnings of Winchester and 
Oxford, of Jamestown and Harvard, of Wilber- 
force and Horace Mann, has not the goal of educa- 
tion in both our countries been to train leadership 
for responsible citizenship, to train students not 
only in the sciences and humanities, but to recog- 
nize right from wrong? As Tagore put it, "A 
mind all intelligence is like a knife all blade — im- 
possible to handle." 

Perhaps we have failed in the schoolroom to 
meet the full requirements of education, to equip 
people with moral "know -how" ; society, therefore, 



as a whole is now facing the natural results of 
this earlier lack. 

Our forefathers insisted on a code of moral 
references, of spiritual criteria, against which they 
could judge values. This code formed our 
heritage. 

Are these the master threads which education 
and society in Britain and America have lost 
today ? Is it, perhaps, in a return to our heritage 
that we .shall begin to unravel the tangled skeins? 

There is an urgent relevancy between our Anglo- 
American heritage, our basic ideology, and the 
cure for disorder we are striving to find. Hence 
it is well that we reexamine this heritage. 

The economic, political, and literary interpreters 
of history have outdistanced the ideological. The 
result is that most Americans know something 
about Britain's steam engine, most Britons some- 
thing about America's skyscrapers. We both 
know quite a lot about the great things that Britain 
and America have made; we know far less about 
the ideas that have made Britain and America 
gi'eat. 

An ideologj' has been defined as a course of 
action based on a philosophy, a passion, and a 
plan. What is America's ideology as handed 
down to us from the past ? The answer may be 
dug out of history books. A simple explanation 
of it may also be found by using our money as 
"visual aids." On the penny we find the word 
"Liberty." There also is the face of Lincoln who 
.said. "This nation, under God. shall have a new 
birth of freedom." Freedom under God: this is 
the philosophy of our ideology. The penny also 
reminds us, "In God we trust." This thought is 
enlarged on our dollar bill. There can be seen 
the Great Seal of the United States of America. 
Above the uncompleted pyramid representing the 
13 original States, thei-e is the all-seeing eye of 
God and the phrase Annuit Coepth — ^"He looks 
with favor on what has been begun." Dependence 
on God : this is our passion. Under the seal is 
the phrase Novus Ordo Seclorum — "A new order 
of the centuries," which Lincoln later called "Gov- 
ernment of the people, by the people, and for the 
people." On the reverse of the Great Seal (and 
on the penny) is E Pluribu,s Unum — "Out of 
many, one." Teamwork. This is the })lan of our 
ideolog}', not one group dominating the rest, but 
all pulling together for the whole. 

The Seal and the designs for our money did not 
come by accident. They represent the distilled 



610 



Department of State Bullefin 



conviction of the men who in the formative yeai'S 
of our nation poured out their passionate beliefs 
as to tlie indispensable supports our young nation 
must have in order to endure and to meet its full- 
est destiny in the future. 

It is a unique, historical fact that the men who 
laid tlie framework of this great experiment re- 
flected, from 1492 and as late as 1SG5, a remark- 
able unanimity in their concept of our country's 
purpose, its source of strength, and its ultimate 
destiny. 

This unanimity was threefold. First it stressed 
the supreme place of Divine Providence in the life 
of the nation. Second, it made central the con- 
cept of freedom — freedom of speech, of the press, 
of religion, of assembly, of conscience. Third, 
it made corollary to freedom the concept of in- 
dividual opportunity and individual responsibil- 
ity within the framework of equality. Faith, 
Freedom and Fraternity — these were and are the 
undergirding ideas of the American dream. 

I would be bold indeed to attempt to interpret 
Britain's corresponding heritage. But the longer 
one reflects on the ideology of America, the more 
closely, I think, he will recognize its kinship to 
Britain's own. 

Education has an inescapable responsibility to 
bring our peoples back to the foundations of our 
democracy. Education is the production line for 
the leadership of tomorrow. Ideology is today's 
terminology for those forces — constructive or de- 
structive — which are mobilizing and molding the 
minds of millions. Unless youth is trained by our 
schools in the ideology of democracy, an alien 
ideology of materialism will supplant what we 
have failed to nourish and defend. 

If anyone doubts this, he should have heard the 
warnings and invectives over the Moscow radio 
throughout Scandinavia which followed the sign- 
ing of the educational Fulbright agreements in 



Holland and Norway in May and June. If we 
belittle international educational exchange as an 
ideological weapon, we are blind. Moscow eval- 
uates it very differently. It is a threat to its very 
life. Russia does not wish democracy strength- 
ened in Europe nor Europeans to live in the dem- 
ocratic countries of the West. Moscow's full 
ideological weapons in radio and press were mobi- 
lized to deplore and discredit the Fulbright 
progi'am. 

The British teachers here are the first ones to 
arrive under the Fulbright international exchange 
program. They are among the best that Britain 
can produce, as we hope our teachers are among 
the best that America can send. 

Pioneering new frontiers is at an end. Pioneer- 
ing in the art of living together is at the beginning. 
We must meet for youth the demands which the 
times are making. 

For youth mirrors his decade. In the twenties, 
the emphasis was on success; in the thirties, on 
security ; in the forties, on service. Now we have 
come to a new decade, an ideological one, the fifties. 
This era requires youth not alone with a basic 
foundation of knowledge but youth of moral 
soundness and of faith; youth with an idea and 
a purpose adequate to change things that are 
wrong, not adjust to them ; youth skilled in bring- 
ing unity where there is division. Nothing less 
than this kind of education is adequate for this 
ideological age, to repel the onslaughts of com- 
munism on the one hand and the inward thrust of 
materialism within our countries on the other. 

Ten, twenty, forty years from now the leaders 
in our local communities, the statesmen in the 
British Parliament and in our Congress, may be 
pushing forward the edges of democracy with 
clearer vision and keener courage because of what 
they learned of its heritage and heartbeat from a 
British or American exchange teacher years 
before. 



Ocfober 24, 7949 



611 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



The Role of the "Little Assembly'' in Promoting 
International Political Cooperation 

Statement by Ambassador Warren R. Austin ' 



Mr. Chairman, The report before us deals with 
two subjects — first, the {)rogniin of the Interim 
Committee on tlie promotion of international co- 
operation in the political tield and second, the 
reestabiisliment of the Interim Committee. Both 
of these subjects are fully provided for in the draft 
resolution suggested by t he Interim Committee and 
contained in annex 'A to its report. There is, there- 
fore, just one specific question before us — the 
adoption of the draft resolution. 

This question is, however, much more than a 
technical and organizational matter. It cannot 
be answered in tei'nis of expediency or short-range 
objectives. It involves the essential purpose for 
which the Interim Committee exists — the search 
for means to promote understanding and agree- 
ment in dealing with the political problems that 
confront us. 

I shall address myself to these two questions sep- 
arately and in some detail. However. I wish first 
to stress the close I'elationsliip between them. The 
study of tlic promotion of international coopera- 
tion in the political field is one important part of 
the Interim Committee's work. This study is the 
only systematic, comprehensive effort now in prog- 
ress, designed to carry out the responsibilities of 
the General Assembly under this part of article 13 
(1) of the Charter. The Interim Committee has, 
as we know, drawn up a general plan for the prose- 
cution of this effoi-t. The questions thus arise: 
Should such efforts be pi'essed forward or not? If 

' Made before the Ad Hoc Political Committee of tlie 
General Assembly on Oct. l.S, 1!»4!), and released to the 
press by the U. S. delegation to the General Assembly on 
the same date. 

612 



so, is the Interim Committee a sound and effective 
means of doing it ? 

But the second question — the reestablishment of 
the Interim Committee — involves a number of 
other important questions as well. The study of 
the promotion of international cooperation is not 
the only — or perhaps the most important — office 
of the Interim Committee. After mature consid- 
eration, the Assembly in 19-17 framed provisions 
under which the Interim Committee shoidd con- 
sider and report to the Assembly on certain dis- 
putes or situations referred to it by states and on 
such other matters as might be referred to it specif- 
ically by or under the authority of the General 
Assembly itself. These provisions were renewed 
by the Assembly in 1948. 

The di-aft resolution before us i)roviding for the 
reestablishment of the Interim Committee calls 
for the continuance of the program for the promo- 
tion of international cooperation and for the con- 
tinuance of the committee's other powers. It thus 
gives effect to and poses for our consideration, the 
principles, first, that the program for tlie promo- 
tion of political cooperation should be actively 
continued; second, that some of the facilities of 
the Assembly for dealing with disputes and other 
political pi-oblems should be available to states 
between Assembl}' sessions; third, that all these 
functions can, on the whole, best be combined in a 
subsidiary bod}' on which every member of the 
United Nations is entitled to be represented. Mr. 
Chairman, mj- delegation continues to affirm these 
principles and will support the draft resolution 
jjresented by the Committee. 

I should now like to examine in more detail the 

Deparfmenf of Sfafe Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



two main subjects which the report places before 
us. The first of these concerns the studies of the 
implementation of article 11, paragraph 1, relating 
to the general principles of the maintenance of in- 
ternational peace and security, and of the part of 
article 13, paragraph 1, (a) relating to the pro- 
motion of international cooperation in the political 
field. These provisions of the Charter come close 
to stating the basic purpose of voluntarily uniting 
our activities through the United Nations. 

Committee's Role in international 
Peace and Security 

In examining the work of the Interim Commit- 
tee in relation to tliem, I should therefore like to go 
back to first principles. International peace and 
security — that is the first purpose of the United 
Nations as we find it stated in article 1 of the Char- 
ter. Then, among the general principles set forth 
in article 2, we find the statement of that basic ob- 
ligation — binding upon all members of the United 
Nations — that they shall settle their disputes by 
peaceful means. Read on to chapter VI and there 
is the title, "The Pacific Settlement of Disputes," 
and the articles of that chapter contain the broad 
provisions governing the settlement of disputes. 

In attempting to abolish war the basic theory of 
the Charter is, I submit, tliat the nations of the 
world must eliminate the causes of war and sub- 
stitute other means than force for dealing with dis- 
putes. These, then, are what I would call the first 
principles of our organization — the real reason for 
its existence — and the principles according to 
which our day-to-day activities must be tested. 

Without minimizing the military and economic 
sanctions provided for in chapter VII, I feel con- 
fident that the key to the success of the United Na- 
tions lies in working with the parties to disputes 
and affording ways and channels that will facili- 
tate agreement by the parties themselves. It is 
the technique of helping them to help themselves, 
which has been used successfully by the Security 
Council and the General Assembly, as well as by 
their commissions in the field. In the 4 short years 
of its existence, we have seen United Nations com- 
missions helping the parties, often in the ver}^ areas 
where military tension exists, to stand down from 
their military positions and meet or communicate 
through the United Nations representatives. 

Without any gloss I have attempted to restate 
the principles of pacific settlement just as we find 
them in the Charter. They are the plan on which 
this world organization is founded. I would ex- 
pect that there would be general agreement among 
all the members of the United Nations that I have 
correctly stated the substance of tliese principles. 
Yet we are only too well aware of the differences 
which arise in the work of the Security Council 
and the Assembly relating to pacific settlement. I 

Ocfober 24, 7949 



suggest to you that perhaps it is not the general 
principle but rather its application which ordi- 
narily gives rise to these difficulties. As a lawyer, 
it has been my experience that the general propo- 
sition cannot always decide the concrete case. That 
decision, an American judge has stated, must de- 
pend on judgment and intuition more subtle than 
that. 



Committee's Functions Cultivate 
Friendly Relations 

Now, some may ask what bearing all this has 
upon the political work of the General Assembly 
and on the studies of the Interim Committee cov- 
ered in the first part of its report. To this I would 
reply that the political responsibilities of the Gen- 
eral Assembly do not consist solely in the consid- 
eration of actual disputes and considerations sub- 
mitted to it. Beyond that the Assembly has a 
positive obligation to look ahead and find means 
of preventing actual disputes from arising — that 
is of promoting international cooperation in the 
political field and of considering, with a view to 
making effective, the general principles relating 
to the maintenance of international peace and se- 
curity. Here arises the importance of the work of 
the Interim Committee. Througli detailed ex- 
ploration of the difficulties which arise in dealing 
with actual disputes, the Interim Committee seeks 
to develop procedures and measures for realizing 
broadly the principles of the Charter. This is my 
understanding of the essential approach which the 
Interim Committee has taken to this part of its 
work, and I have examined the annexes to its re- 
port with some care. It cultivates habits and prac- 
tices of tolerance and friendly relations. 

The Committee makes clear that it conceives 
in very broad terms the Assembly's function of 
promoting international cooperation in the politi- 
cal field. Within this broad field, it has rightly 
given priority to the central problem of the pacific 
settlement of disputes. It has adopted a definite 
program for the systematic survey of this problem. 
The plan is itself, I venture to suggest, the most 
important step in the project. In addition, the 
Interim Committee has covered in a preliminary 
way the first section of the program — the study 
of the organization and operation of United Na- 
tions commissions. As we know, the field com- 
mission has been found to be an indispensable tool 
botli of the Assembly and of the Security Council. 
I think that the resulting document, with its col- 
lection of precedents, its tentative conclusions, and 
its organization of some of the problems involved, 
can be of genuine assistance to commissions, as 
well as to the Security Council and the Assembly. 
This is an attempt to turn experience into wisdom. 
Alas, we are aware that wisdom does not spring 
alone from virtue. I think that this work should 
not be approached on the theory that knowledge 
of good compels action in accordance with good 
but that attention should be directed toward prac- 

613 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



tical methods of handling of concrete problems in 
day-to-diiy operations. 

In addition, the Interim Coniiiiittee has only 
begun the consideration of the procedures of the 
Assembly in handling disputes and special politi- 
cal problems. Altiiougli we have liad one or more 
of these problems at every session, the special 
questions of procedure which arise in connection 
with llieir consideration have never been reviewed 
systematically. As members of the Coannittee are 
well aware, these political problems constitute the 
most difficult task of the Assembly. 

Finally, I would add a word about the latter 
part of the progi-am of work which relates to the 
treaty system covering the use of procedures of 
pacific settlement. The Charter has had an im- 
])ortant effect on develoj)ments in this field and 
conditions have changed since many of these 
treaties were negotiated. When we consider the 
obligation of parties to a dispute under article 
33 to seek a solution by peaceful means of their 
own choice, it seems appropriate to consider 
whether existing treaties provide the most effec- 
tive means of assisting in the discharge of this 
obligation. At a later stage, broad questions may 
arise concerning what types of provisions in bi- 
lateral, regional, or nudtihiteral arrangements 
would give added effectiveness to the operation 
of article 33. But of course those questions can 
only be answered toward the completion of the 
program. As I study this work of the Interim 
Committee, I see it synthesizing and interiireting 
the experience which we have had within the 
United Nations and in the great treaty systems so 
that method and technique will be simpler and 
better understood — so that it will be easier for 
states to use these methods to help themselves. 

As I see it, Mr. Chairman, it is not necessary 
foi' the Assembly to give separate, formal approval 
to the work done by the Interim Committee. Par- 
agraph 2 (c) of the draft resolution would re- 
quire the Connriittee to carry out its program 
systematically through to conclusion, using its 
past recommendations and studies as a basis. My 
delegation will support this provision, as well as 
the resolution generally. We believe that the re- 
moval of the time limit on the Committee's life will 
assist materially in the performance of this task. 
It will enable the members of the Committee to 
project their work on a somewhat longer-range 
basis instead of concentrating it in relatively short 
periods of intensive work. This will permit more 
thorough consideration of all phases of the study 
by the governments. I am confident that the 
Committee will, in carrying forward its survey, 
be more concerned with the care and thorougliness 
of its consideration of these problems than with 
mere speed. It will also, I am sure, see the neces- 
sity of coordinating the various studies of this 

614 



type which are being carried forward under the 
autliority of the General Assembly. 

Continuance of Committee 

I turn now to the second subject dealt with in 
the report — the continuance of the Interim Com- 
mittee itself. The Committee has embodied its 
recommendations in a draft resolution, which 
forms annex 3 of its report. Under the draft res- 
olution, the present duties and functions of the 
Committee wotdd be precisely what they are now. 
The only important change embodied in the draft 
resolution is the removal of the 1 j'ear time linut 
on tlie Committee's duration. 

My delegation favors the continuance of the 
Interim Committee on this basis. We see devel- 
oping, at surprisingly small expense, a body which 
should be very useful and important to the United 
Nations. We recognize the view of those who 
want a longer period to evaluate its importance 
on the basis of the work it has done; we recognize 
also the view — which we do not share — that its 
jjowers should be extended beyond the political 
field. Therefore, we have reached the conclusion 
that the 1 j'ear limitation on the Committee's du- 
ration should be dronned. This limitation to a 
single year hampers the Committee in its possibili- 
ties for ])lanning its studies. It gives it an aura 
of instability and undermines its position. 
Furthermore, it leads to a reiteration every year 
of a debate which is both unnecessary and unde- 
sirable. In our opinion, the Committee's report 
proposes an excellent solution to the problem 
before us. If this is accepted, the Interim Com- 
mittee will not be required each year to spend 
part of its time in attemjiting to determine its own 
future. It is understood, however, tiiat the Com- 
mittee's duration is indefinite rather than perma- 
nent, and the Assembly may of course at anj- time 
modify or terminate the Committee. 

The Committee's proposed resolution also takes 
care of other questions which have led to some dis- 
cussion in ])ast years. The resolution makes clear : 
(1) that the Conmiittee may meet during the pe- 
riod between two halves of anj' session of the 
Assembly — this seems eminently sensible in view 
of the Committee's nature — and (2) that the In- 
terim Committee may meet during special sessions 
of the Assembly. This seems to the United States 
delegation most advantageous. During special 
sessions the agenda of the Assembly is limited 
normally to a single item. Main committees of 
the Assembly are not organized for work. There 
would seem to be every reason to permit activities 
of the Interim Committee, which might be com- 
pletely unrelated to the subject with which the 
sjjecial session is dealing, to be continued during 
and independently of the special session. While 
in practice it would be diiiicult for the Interim 
Committee or any of its snbconunittees to meet in 
a special session, just as it is diiiicult for the Se- 

Department of State Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



curity Council to meet during Assemblies, there 
seems to be every reason to authorize the Interim 
Committee to do so. For these reasons, Mr. Chair- 
man, the United States delegation fully supports 
the resolution submitted by the Interim Conmiittee. 

Past Work of the Committee 

Having indicated the principles that underlie 
the position of my govermneut, I will review the 
work which the Interim Committee has done dur- 
ing its first 2 years. It was authorized to consult 
with the Temporary Commission on Korea. You 
will remember that when the Commission arrived 
in Korea early in 19-18 and was faced with the 
negative attitude of the Soviet Government, it 
requested the Interim Committee for advice as to 
whether it should proceed with the elections con- 
templated by the General Assembly. Within a 
short time the Interim Committee was able to con- 
sider the matter and to inform the Korean Com- 
mission that in its view the Commission should 
proceed with elections in those areas open to it. 
This proved, therefore, a most convenient device 
by which the members of the General Assembly 
could express their views and clear up a difficult 
problem which, as I have stated, otherwise might 
have necessitated calling a special session of the 
General Assembly. This was a valuable piece of 
work which speeded up the steps leading to the 
creation of the Korean Government. 

The General Assembly has also given the 
Interim Committee the power to consult with the 
Greek Commission during these past 2 years. 
Fortunately, the Greek Commission has not run 
into any difficulties which it was unable to handle 
either itself or in its repoits to the regular ses- 
sions of the General Assembly. This does not, 
however, detract from the obvious advantages 
which members of the United Nations gain as a re- 
sult of having available a standing committee 
which could have expressed the views of the mem- 
bers of the United Nations in case a crisis in Greece 
had arisen. 

These are the only political questions as to which 
the Interim Committee has been given continuing 
responsibility by the General Assembly. There 
have been suggestions from time to time that the 
Assembly should refer particular political ques- 
tions to the Interim Committee for study and 
preparation of complete recommendations. An 
outstanding example of this was the proposal last 
spring which was supported by a large number of 
the delegations that the question of the former 
Italian colonies should be considered by the In- 
terim Committee during the past summer. This 
proposal was not accepted by the Assembly, I 
think, largely because it was felt that if a period 
of time were allowed to elapse the members of the 
United Nations would be better prepared to find 



an agreed solution. This instance does illustrate, 
however, the real advantages of having available 
to the General Assembly a subsidiary organ to 
which problems of this nature could be referred if 
circumstances in a particular case should warrant. 

The presence and existence of the Interim Com- 
mittee is in my view the important thing. In this 
respect, it has often been compared with a fire de- 
Ijartment. We recognize the real advantages in 
insurance and security which derive from the ex- 
istence of efficient and readily available machinery 
for such purposes. 

I have mentioned the importance of a calm con- 
sideration which the Interim Committee can give 
a complicated and technical political problem — 
where neither time nor atmosphere will permit the 
General Assembly to do so. I was referring, of 
course, to the report on the veto in the Security 
Council. That report was submitted to the last 
session of the Assembly which accepted the pi'O- 
posals of the Interim Committee in the form of 
a resolution directed to members of the Security 
Council and in particular the permanent mem- 
bers. Exercise of the veto power in the Security 
Council diminishes the vitality and success of the 
United Nations. The members of the United Na- 
tions had become seriously concerned that the lack 
of restraint in the exercise of the veto power had 
made it extremely difficult for the Security Coun- 
cil to carry out tlie functions imposed upon it by 
the Charter. The issue was one which had been 
violently debated in two sessions of the General 
Assembly, but, at the same time, it was one of 
such complexity that cai'eful study was essential 
to any solution. The Interim Committee proved 
useful and effective in dealing with this problem. 
After a long and careful study in its nontechnical 
and nonpolitical atmosphere, the Interim Com- 
mittee brought forward conclusions on which a 
very substantial majority of the membership of 
the United Nations was able to agree. It is hardly 
conceivable that a matter of this complexity could 
have been brought to such a successful conclusion 
without the careful preparatory work which the 
Interim Committee was able to give to it. 



Nonparticipation by Soviet 
Limits Committee Effectiveness 

The Soviet gi-oup of states have not seen fit to 
take their seats on the Interim Committee. Ab- 
sence of these states has undoubtedly made some 
of the Committee's work less effective than it other- 
wise might have been. Their nonparticipation in 
any aspect of the work of the United Nations 
makes the task of the United Nations more diffi- 
cult. The Soviet Union has claimed for 2 years 
and still claims that the Interim Committee is 
illegal and was intended as a rude device to cir- 
cumvent the Security Council. I suggest there is 
nothing in the record of the Interim Committee 
during its 2 years which justifies to the slightest 
decree these claims. It is the desire of the 



Ocfober 24, 1949 



615 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



membei-s of the United Nations and one of the 

niaiii purposes of tlie Interim Committee to in- 
crease cooi)eration between all of the menibei-s of 
the United Nations. For our part we would 
welcome a decision bv the Soviet Union to take its 
seat on the Interim Committee. However, we do 
not propose to ur<ie the limitation of the develop- 
ment of the United Nations and its activities 
because the Soviet bloc does not choose to partici- 
pate in some of its or<^ans — whether the Interim 
( 'onimittee or any otliei- orj^an. The vast majority 
of tlie membership of the United Nations should 
not abandon constructive effort simply because the 
Soviet bloc of states chooses to refuse its coopera- 
tion to the United Nations and to abstain from 
takinir ])art in the Interim Connnittee's activities. 

I have lieard it sn<rfrested that some of the work 
of the Committee could be done by ad hoc com- 
mittees of limited membership. I should like, 
however, to emphasize tiie advanta<jes of a Com- 
mittee of the whole nieml)ership. In making de- 
tailed studies of ])olitical problems, such as the 
problem of the veto, the Interim Committee dem- 
onstrated the advantage of a procedure under 
which the views of all membei-s of the United 
Nations can be secured before the matter goes to 
the General Assembly. In cases where the views 
of only a small nmnber of members have been 
secured, the majority in the General Assembly 
may justifiably wish to give detailed and lengthy 
consideration to the matter. It is also important 
that the function of considering disputes be per- 
formed by a body in which all members can take 
part. 

Mr. Chairman, my delegation is by no means 
ready to consider that the existing organization of 
the political work of the (Jeneral Assend)ly — in- 
cluding the Interim Committee — is perfected. On 
the contrary, the serious problems which the Gen- 
eral Assembly faces in performing its mounting 
responsibilities are recognized by nearly everyone. 
Another conunittee has j\ist considered a detailed 
report on the problem of devising means by whicli 
the Assembly can accomplish its work and still 
keep its sessions down to a reasonable brevity. 
This problem of the organization of the Assem- 
bly's work is likely to remain with us for a long 
time, and my delegation is certainly not prejudg- 
ing the final decision as to what methods shall be 
ado|)ted. 

However, in our opinion, these circumstances 
speak all the moi'e sti'ongly for the continuance 
of the Interim Conunittee on its present basis. 
We believe the Asseml)ly still benefits by means 
which it has carefully set up for adding to the 
security of member states by consideration of 
disputes and situations between sessions of the 
Assembly. The need for making the facilities of 
the General Assembly available for consideration 
of disputes between sessions of the General As- 

616 



sembly has not diminished since 1947. It is often 
not possible to know in advance what means of 
settling disputes will prove eflfective. Certainly 
e.xisting means should be maintained until we are 
sure that a stronger and more effective substitute 
has been devised. 

My delegation sees no practicable alternative to 
the connnittee of the whole membership, with its 
varied jiolitical functions, its flexible organization 
as set forth in the draft resolution, and we shall 
support the resolution. 

In conclusion, Mr. Chairman, let me unre that 
we not lessen, but rather redoul>le our efforts to 
improve, to broaden, and to apply international 
cooperation. The essential method of our organi- 
zation — consisting as it does of inde])endent na- 
tions — must be one of cooperation. AVe do not 
have a world government. The work which we 
accomplish in the United Nations is not just the 
sum total of a large number of little, specific meas- 
ures. Beyond that, it is the growth, the enlarge- 
ment of tlie spirit of cooperation and unity which 
itself makes sound sohitions possible. That is 
what, broadly speaking, the Interim Connnittee is 
designed to jironiote. Towai-d that objective, we 
must not slacken but redouble our efforts. 



Revocation of Executive Orders 
on International Organizations 

EXECUTIVE ORDER 10083 ' 

Whereas the United Nations Relief and Reha- 
bilitation Administration, the Inter-American 
Coffee Board, and the Intergoveriunental Com- 
mittee on Refugees were designated. resi)ectivelv, 
bv Executive Order No. 9fi98 of Februarv 19, 19-1(), 
Executive Order No. 9751 of July 11, "1946, and 
Executive Order No. 9823 of January '2-1, 19-17, as 
public international organizations entitled to en- 
joy the privileges. exem])tions, and imnninities con- 
ferred by the International Oi-ganizations Im- 
munities Act (59 Stat. 6(i9) ; and 

Whereas the said international organizations 
have ceased to exist or ar ein process of liquidation : 

Now, TiiEKEi-ORE, by virtue of the authority 
rested in me by section 1 of the said International 
Organizations Innnunities Act. I hereby revoke the 
said Executive Orders Nos. 9()98, 9751, and 9823 
so far as they pertain, respectively, to the United 
Nations Relief and Rehabilitation Administration, 
the Inter-American Coffee Board, anil the Inter- 
governmental Committee on Refugees. 



Harry S. Truman 



The AViin-E Hoose, 

October JO, Iff 49. 



' 14 Fed. Reg. 6161. 



Deparfment of State Bulletin 



Debate on Human Rights — Freedom Can Unite Us 

Statement hy Benjamin V. Cohen 

U.S. Alternate Representative to the General Assernbly ^ 



Last spring this Committee was asked to con- 
sider the serious charges brought against the 
Governments of Hungary and Bulgaria for the 
suppression of religious and civil liberties particu- 
larly in reference to the then recent trials of cliurch 
leaders. The whole world had been shocked by 
the way Cardinal Mindszenty had been treated as 
a common criminal and his guilt proclaimed prior 
to his trial. 

Despite the indignation felt and expressed in 
many countries of the world, including my own, 
this Committee refrained from recommending 
direct action by the Assembly. Instead, in ac- 
cordance with the recommendation of this Com- 
mittee, the Assembly adopted a resolution which 
supijorted and encouraged the use of the peace 
treaties procedure as the most effective means of 
insuring respect for human rights in these coun- 
tries as guaranteed by the treaties themselves. 

It was, I believe, the view of most of us here — 
and it is still our view- — that it was, and is, in the 
spirit of article 33 of the Charter that the peace 
treaty procedures should be followed before the 
Assembly should attempt to set new or parallel 
procedures, as suggested by the honorable dele- 
gate of Australia, to deal with these grave charges 
of infractions of human rights and fundamental 
freedoms. Moreover, it was the hope of my gov- 
ernment that if we followed the treaty procedures, 
we would be able to secure a definite decision 
binding upon the states concerned. The Assembly 
is able at any time to make recommendations. But 
we are concerned to obtain definite and binding 
decisions if we can. 

We are not unmindful that the Charter commits 
all members of the United Nations to take joint and 
separate action in cooperation with the organiza- 
tion to promote universal respect for, and observ- 
ance of, human rights and fundamental freedoms 

' Made in the Ai, Hoc Political Committee on Oct. 4, 1949, 
and released to the press by the U.S. delegation to the 
United Nations on the same date. 



for all without distinction as to race, sex, language, 
or religion. But the j^eace treaties place specific 
obligations upon our former enemies to observe 
these rights and freedoms ; and the other signato- 
ries to the treaties have clear rights and responsi- 
bilities with regard to their observance. 



VIOLATION OF HUMAN RIGHTS 

Tlie human-rights clauses in these treaties were 
intended to fulfill the wartime promises of the 
Allies at Yalta. There, the three war leaders of 
the United Nations gave a solemn pledge to the 
peoples of Europe then on the threshold of libera- 
tion that freedom would be restored, not to their 
former rulers and not to a new set of rulers, but to 
those peoples themselves. To them we promised 
the right to create, through free elections, demo- 
cratic institutions of their own choice. On the 
recommendation of the Economic and Social 
Council international obligations were inserted in 
the peace treaties to protect and safeguard human 
rights and fundamental freedoms, including spe- 
cifically freedom of expression, of press and pub- 
lication, of religious worship, of political opinion, 
and of public meeting. Behind these treaty 
clauses lies the concept that peoples who are secure 
in the exercise of the fundamental freedoms to 
which as human beings they are entitled can be 
trusted to see that their governments live up to 
their international responsibilities and avoid 
catastrophic adventure against other peoples' 
freedom. 

While we live in a world where men may differ 
as to the internal forms and internal policies of 
government, governments to have a moral base 
must rest in some way on the free and continuing 
consent of the governed. No state has the sover- 
eign right claimed by Hitler's Third Reich to make 
war against the freedom and religion of its own 
people or against the freedom and religion of other 



Ocfober 24, J 949 

859031 — 49 3 



617 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



peoples. Governments which do not respect the 
basic human riglits of their own people are not 
likely to respect the rights of other governments 
and other peoples. 

In addressing this Committee last spring, I an- 
nounced that the United States was prepared, as 
it is still prepared, to submit specific and detailed 
observations with accompanying documentation 
in connection with the proceedings under the peace 
treaties in support of the charges made by the 
United States concerning the violation of the 
human-rights clauses of these treaties.^ 

At the time I indicated, in general terms, the 
course of developments in Bulgaria and Hungary 
forming the basis for the charges which the United 
States had made. Now, on the initiative of the 
Australian Government, the Assembly has added 
to this item of the agenda the question of human 
rights and fundamental freedoms in Rumania. 
Rumania, like Bulgaria and Hungary, has agreed 
to secure to all persons under its jurisdiction the 
enjoyment of those rights and freedoms. 

The pattern of development in that country is, 
in our view, essentially the same as in Bulgaria 
and Hungary, and we have made the same pro- 
tests in the case of Rumania. It is a pattern of 
a minority group seizing the instrumentalities of 
government through force and intimidation and 
maintaining itself in power through the suppres- 
sion of every one of the human rights and funda- 
mental freedoms which these states have so 
solemnly undertaken to observe. We cannot close 
our eyes to the historical fact that the groups 
which wield exclusive political power in these 
three countries today have won that power by for- 
cibly depriving their fellow citizens of their basic 
human rights. The facts disclose a clear design 
to suppress first the leaders of political groups and 
parties and then the leaders of religious groups 
and organizations, because these leaders and 
groups have refused to subordinate themselves, or 
to use their influence to subordinate their fol- 
lowers to the dictates of the Cominform. The 
pattern in its most recent developments appears 
to extend to eliminating even the expression of 
the slightest deviationist opinion within the ruling 
groups. 

The three governments have made no secret of 
how the pattern operates. In those "people's de- 
mocracies," which the highest governmental and 
Communist Party leaders themselves describe as 
a form of dictatorship of the {)roletariat, it is 
avowed public policy to deny to the people the 
right freely to express views on political, cultural, 
scientific, and even religious matters, unless such 
expression is within the very narrow limits of con- 
formity with the current doctrines of a one-party 
regime responsible not to the people themselves 

' Bulletin of May 1, 1949, p. 556. 



but to the Communist high command. It does not 
alter the facts to give all who have independent 
views the label of "fascist," "traitor," "class- 
enemy" or "imperialist spy," or to dismiss all pro- 
tests with the reply that these oppressive measures 
are taken in the interest of the people. Has there 
ever been a dictatorship which has not sought to 
justify its most ruthless acts in the name and in 
the interests of the people? 

It should not be necessary to observe that the 
United States is concerned here only with the ob- 
servance of basic human rights and not with the 
internal forms and policies of government so long 
as those basic rights are respected. We are con- 
cerned with human rights not, as has been alleged, 
to protect reaction or to encourage opposition to 
social reform or to encourage hostility to other 
nations, but because these rights guaranteed by the 
peace treaties, are the heritage of free men. In our 
view human freedom, human progress, and world 
peace are inseparable. 

I will now refer briefly to developments which 
have occurred in Hungarj' and Bulgaria since last 
spring, and then to the situation in Rumania. I 
refer to these events and developments not with 
a view of having the Assembly pass judgment 
upon them at this time, but to make clear the se- 
riousness and good faith of the charges that we 
have been obliged to make against these countries. 
Our purpose at this time is to seek the Assembly's 
assistance in securing an advisory opinion from 
the International Court of Justice to make clear 
the right of the signatories to the peace treaties to 
have these charges determined under the 
treaty procedures as the Assembly itself has 
recommended. 

Hungary 

Let us turn now to events in Hungary since the 
passage of the Assembly's resolution on April 30. 
I mentioned in this Committee at that time the 
forced dissolution and disappearance of all politi- 
cal parties whose programs represented a point 
of view opposed to that of the Communists. The 
old Parliament in which these parties had been 
represented was then dissolved. A new single- 
list, plebiscite-type election was held on May 15. 
Giving the Hungarian voters no real freedom of 
choice, this so-called election produced the de- 
sired result: a completely Comnnmist-controlled 
Parliament. 

The people of Hungary, denied the exercise of 
freedom of political opinion in the electoral cam- 
paign and the election, were tlius presented with a 
purely mechanical election which denied them the 
right to parliamentary representation of their 
own choosing. 

In its drive to dominate the lives and even the 
thoughts of Hungarian citizens, the regime has 
continued its pressures on the cliurches with the 
obvious purpose of making them serve as instru- 
ments for political ends. There are continuing 



618 



Department of State Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



persecutions of persons for so-called "anti-demo- 
cratic" statements or for "inciting against democ- 
racy," a choice of -words which would be amusing 
if it did not cloak injustice and tragedy for many 
innocent human beings. The opposition news- 
papers have vanished one by one and freedom of 
the press has ceased to exist. The process of per- 
verting the judiciary for political purposes pro- 
ceeds apace. And the Communist regime, having 
no further democratic opposition to destroy, is 
now busily engaged in wide-scale purges of Com- 
munist collaborators who have become suspect and 
of the cadres of the Communist Party organiza- 
tion itself. The recent trial of so-called spies and 
traitors in Budapest was not, properly speaking, 
a trial at all but a phase of the political strategy of 
the Cominform with intended effects far beyond 
the borders of Hungary. Whatever may have 
been the character and the record of the accused, 
the point which concerns us here is that the entire 
procedure, with its staged denunciations and re- 
cited confessions and its ludicrous falsifications 
(and here I need only to refer to the supposed con- 
spiracies involving American officials), illustrates 
the fact that in Hungary today the individual citi- 
zen, whether a Communist Party boss or anyone 
else, cannot obtain justice, a fair trial, or any rec- 
ognition of his rights as a human being. 

Bulgaria 

Essentially, the same situation prevails in Bul- 
garia. In that country also the regime has con- 
tinued to strive to consolidate its power through 
the suppression of all independent opinion. 

The campaign designed to reduce the freedom 
of the Churches has continued. My government 
has received a number of reliable reports that early 
in July of this year a second group of Protestant 
ministers was tried, this time in secrecy, perhaps 
from fear of a world-wide reaction such as fol- 
lowed the trial of the 15 pastors the preceding 
March. The usual paraphernalia, including 
"confessions" recited by the defendants, were 
again present. These trials are a further mani- 
festation of the obvious determination of the Bul- 
garian Goverimient to destroy the independence 
of these Protestant sects and the integrity of their 
religious faith and to break their normal ties with 
their fellow Christians in other parts of the world. 

In Bulgaria also there have been elections, the 
local elections of May 1949 featuring a single bal- 
lot of candidates nominated only by organizations 
associated with the Fatherland Fi'ont, which is 
dominated by the Bulgarian Communist Party. 
The elections were held under the direct supervi- 
sion of the electoral committees appointed by the 
same Fatherland Front. 

Bulgaria remains without democratic opposi- 
tion parties, without a press free to criticize the 



government, without all those fundamental free- 
doms specified in the treaty of peace. 

Rumania 

Since the question of the observance of human 
rights and fundamental freedoms in Rumania has 
now been added to our agenda, I shall comment 
briefly on the actions of the Rumanian Govern- 
ment which, in the view of the Government of the 
United States, also constitute deliberate and per- 
sistent violation of ai-ticle 3 of the treaty of peace. 

Freedom of political opinion, one of the basic 
freedoms guaranteed in the treaty, has virtually 
ceased to exist in Rumania. As a I'esult of a sys- 
tematic campaign, the Rumanian regime succeeded 
in destroying all democratic political parties. The 
largest of the opposition parties, the National 
Peasant Party, was officially suppressed following 
the arrest of its leaders. The National Liberal 
Party and the Independent Social Democratic 
Party, while never formally suppressed, were 
effectively blocked from all political activities 
through arrests of most of their leaders and 
through intimidation. 

The Rmnanian Government did not hesitate to 
convert the country's judicial system into an in- 
strument of its oppressive policy. The most 
widely known, although by no means the only dem- 
onstration of this policy, was the trial, conviction, 
and sentence for treason, of Maniu and other lead- 
ers of the National Peasant Party in October and 
November 1947. In a note delivered to the Ruma- 
nian Government at the time, my government 
pointed to the transparent political motivation of 
this so-called judicial proceeding. The defend- 
ants were denied a fair trial before an independent 
and impartial tribunal and deprived of the guaran- 
ties necessary for their defense. They were 
denied, for example, the right of counsel of their 
own choice and were subjected to a violent govern- 
ment-inspired campaign of public excitation 
against them both before and during the trial. 

The subjugation of the judiciary has now been 
made complete through the abuse of the authority 
of the Government to control the transfer and 
tenure of judges, through intimidation of judges, 
and through the system of politically controlled 
"people's courts." 

The police power of the state has been exercised 
in disregard of those basic civil liberties of the 
peoples in Rumania which the peace treaty was to 
safeguard. In the prisons are many men and 
women arrested without warrant, held indefintely 
without charge and without trial. 

Freedom of press and publication, guaranteed 
by the peace treaties, is nonexistent. By official 
censorship, by discrimination in the distribution 
of newsprint, by governmental ownership or 
monopoly control of printing establisliments and 
radio facilities, and by other devices, any sub- 
stantive criticism whatsoever of the Govenment 
has been prevented. Only those public media 



October 24, J 949 



619 



^— ^^i;;;;-^;;;;;;;;;;^^ no. .70, Sep.. 20. 1949 ORGANIZATION CHART 

^ Ktprinltd from "»<>' '""• ' *^ 



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OFFICE OF THE 
HIGH COMMISSIONER FOR GERMANY 



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REPRESENTATIVE 
FOR GERMANY 




DEP UTY US. HIGH COMMISSIONER 

■ ^ I 



ALLIED 
HIGH COMMISSION 



OFFICE OF THE 
EXECUTIVE SECR ETAffr 
1 



US SECRETARr 
ALLIED GEN, SEC T 



STAFF SECHETARY 



FIELD DIVISION 




("LAND" IS GERMAN FOR "STATE") 



620 



®EM l.eP«£S£«TAIIVE FOR SCBMANY -BY EXECUTIVE wool, MR JOHN J MCCLOY, (i>S ELEMENTS. COAL CONTBOL MOIJP »« STEEL CONTMLmWP^" ,, [ ^I » „I«S!!? '"'■'" '"»l>«"« FSOM DIKECTOR ECONOMIC AfFAIRS. (4>ME US COMMANDCI, BERLIN SERVES 15 The REP«E««T«Trvt in SESUN Of T»E 



GERMANY. UfCEH THE IMMEDIATE SUPERVISION OF THE ACMMSTRATOfl FOR ECONOMIC GROUPS ARE RESPONSIBLE TD THE ECONOMICS COMMITTEE. ALLED 
COOPERATION AND IN COORDINATION WITH THE US SPECIAL REPRESENTATIVE FOR EUROPE 
(SUBJECT, HOWEVER. TO CONSULTATION YrtTM AND ULTIMATE DIRECTION BY THE PRESIDENT 1 



COMMISSION, OURINO LIOUIOATIOM 



COMMANDER-IN-CHIEF. EUROPEAN COMMAND. 

CORRECT AS OF SEPT. 1. 1949 



DepartmenI of S»afe BuHedn 



October 24, 7949 



621 



J 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



which an- luripoiiriive to <^(n fiiiineiit direction and 
render active service to tlie purposes of the regime 
are permitted to operate. 

This prevention of the free expression of 
opinion is extended to public meetings, which in 
practice can be held only by oganizations approved 
by the regime. 

Finally, in its determination to bring all aspects 
of Rumanian life into the totalitarian pattern, 
the Rumanian Government has been employing 
many forms of pressure to compel subservience 
by religious groups. Religious worship, guaran- 
teed by the peace treaties, means, in our view, 
more than a formal participation in religious 
ritual. It requires freedom to teach and express 
views based on religious precepts, freedom to asso- 
ciate with those of like belief, freedom to worship 
with clergy chosen without arbitrary govern- 
mental interference. The decree concerning the 
activities of cults in Rumania, of February 11, 
1949, vests in the Government an unprecedented 
degree of control over all religious gi-oups and 
activities, and the Government has not hesitated 
to exercise it. 

The Rumanian Government has purged large 
numbers of priests of the Orthodox Church and 
seen to it that persons devoted to the Communist 
Party are appointed to high church offices. Sim- 
ilarly, the Roman Catholic Church in Rmnania 
has been subjected to such persecution that, at 
present, none of its bishops is in a liosition to exer- 
cise his rightful religious functions. The Catholic 
Church in Rumania today has been reduced to 
virtual inactivity by a variety of measures cal- 
culated to cripple its organization, such as the 
arrests of priests, dissolution of religious orders, 
and prohibition of normal activities in the field of 
welfare and education. 

The most glaring example of the Government's 
infringement of religious freedom has been the 
official dissolution and absorption by the Ru- 
manian Orthodox Cliurcli of the Greek Catholic 
or Uniate Church. This dissolution was accom- 
plished by a governmental decree following a 
virulent campaign and a sham procedure designed 
to show a voluntary change of allegiance. What 
has become of the freedom of more than one million 
communicants of the Greek Catholic Church to 
worship God as they please? 

The Jewish religious community in Rumania 
has been subjected to similar oppressive treatment. 
Its former chief rabbi was forced out of office, to 
be replaced by a Communist sympathizer with 
little religious training or standing in the 
community. 

U.S. NOTES OF PROTEST 

I have limited myself here to an outline in broad 

622 



contours of the deliberate policies which in the 
view of the United States are contrary to the 
treaty obligations of the three governments. 

As I have said, the General Assembly is already 
on record as favoring the settlement of these issues 
tlirough the machinery provided in the treaties 
of peace themselves for the resolution of disputes 
arising out of the interpretation or execution of 
the treaties. The United States continues to sup- 
l)ort this approach and believes that we should fol- 
low it through to a clear and definite conclusion. 

In its resolution of April 30, of this year, the 
General Assembly expressed the hope that the 
signatories of the peace treaties would diligently 
carry out the procedures envisaged in the treaties. 
The Government of the United States has asked the 
Secretary-General to circulate to all members of 
the Assembly copies of the diplomatic correspond- 
ence disclosing the efforts on the part of my 
government, in accordance with the Assembly reso- 
lution, to put the treaty machinery in motion.' 
Analogous efforts were made by several other sig- 
natories of the peace treaties, whose delegations 
will, no doubt, wish to describe to the Committee 
the steps they also have taken in this matter. 

On April 2 of this year the United States for- 
mally charged Bulgaria, Hungary, and Rumania 
with violations of the human-rights clauses of the 
treaties and requested that remedial measures be 
taken. The three governments denied that they 
had violated the treaties and indicated their un- 
willingness to adopt remedial measures. It was 
obvious from the replies of the three governments 
that they were not prepared to explore the matter 
further through diplomatic channels. As a next 
step, the United States Government informed them 
that in its view disputes had arisen concerning the 
interpretation and execution of the treaties of 
peace. In notes delivered on May 31, by the United 
States Legations in Sofia, Budapest, and Bucha- 
rest, the Lnited States invoked the relevant treaty 
articles, providing first for the settlement of such 
disputes by the heads of diplomatic missions of 
the United Kingdom, the Soviet Union, and the 
United States in the three capitals. The United 
States chiefs of mission requested their British 
and Soviet colleagues to meet with them to con- 
sider the disputes in accordance with the procedure 
clearly specified in the treaties. The British Min- 
isters indicated their willingness to do so. How- 
ever, the Soviet Government declined to authorize 
its Ambassadors to discuss the matter on the 
ground that the three ex-enemy states had ful- 
filled their obligations under the treaties, and that 
the measures complained of were justified under 
the treaties and, in anj^ case, were within the do- 
mestic jurisdiction of those states. The Soviet 
Government rejected a further request by the 
United States Government to reconsider its 
position. 



' Bulletin of Oct. 10, 1949, p. 541. 

Department of State Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



PROTESTS REJECTED 

As a result, the United States Government found 
it necessary to invoke the additional peace treaty 
procedure which envisages the establishment of 
commissions composed in each case of one repre- 
sentative of each party to the dispute and a third 
member chosen by mutual agi'eement of the two 
parties from nationals of a third country. In the 
event of the failure of the parties to agree on the 
third member, that member, according to the 
treaties, is to be appointed by the Secretary-Gen- 
eral of the United Nations. In its notes delivered 
on August 1, 1949, the Government of the United 
States requested the Governments of Hungary, 
Bulgaria, and Rumania to join with it in naming 
these three commissions. 

The three governments rejected this request. 
They again denied that they had violated the 
treaties. They claimed that, on the contrary, the 
acts which we view as violating the human-rights 
clauses of the peace treaties were taken against 
subversive and Fascist elements in accordance with 
the very same treaties. They claimed further that 
these matters are within their own internal juris- 
diction and that an effort to make them a subject 
of a dispute under the treaties is an unwarranted 
intervention in their internal affairs. 

The United States Government reiterated in its 
most recent notes of September 19, 1949, that the 
three governments cannot avoid their international 
obligations to insure respect for human rights 
merely by claiming that these matters are not sub- 
ject to the treaty settlement procedures. These 
procedures were provided for in the treaties pre- 
cisely because it could be foreseen that disputes 
concerning their interpi'etation or execution might 
arise, and the signatory powers desired to make 
provision for the final settlement of such disputes 
by orderly legal means. The provision that we 
inserted in the peace treaties providing for the 
appointing power of the Secretary-General was 
considered most important, in view of the possi- 
bility that the heads of mission would not agree. 
We attached at that time, as we attach now, great 
importance to these procedures for the settlement 
of disputes. 

We assert that these governments cannot set 
themselves up as the sole judges of whether or not 
the acts -.omplained of constitute violations of the 
treaty, nor can they determine unilaterally whether 
there is a dispute appropriate for settlement under 
the treaty machinery. Since all efforts at a settle- 
ment through diplomatic negotiations or the heads- 
of -mission procedure have failed, it is for the com- 
missions envisaged in the treaties to determine 
whether the treaties have been violated. The de- 
cisions of the commissions will be definitive and 
binding, as provided in the treaties themselves. 

October 24, 1949 



U.S. VIEWS FURTHER VIOLATION 

The refusal of the three governments to par- 
ticipate in the settlement procedures to which they 
have agreed is, in our view, a further very serious 
violation of the peace treaties. It is also in dis- 
regard of the Assembly resolution of April 30, 
which expressly drew to the attention of the three 
countries their obligations under the peace treaties 
"including the obligation to cooperate in the settle- 
ment of all these questions." It raises a legal issue 
of fundamental importance for the progress of 
procedures in the field of peaceful settlement. If 
a government agrees to settle a certain type of 
dispute through a specific procedure and then, 
when a concrete dispute of that type arises, i-efuses 
to submit to this procedure, the entire effort to pro- 
vide settlement machinery becomes purposeless. 
What is left of the peace treaties if these govern- 
ments can evade all charges of nonperformance 
merely by stating that they have fulfilled their 
obligations and denying the existence of any dis- 
pute calling for the application of the specific 
settlement procedures to which they have 
subscribed ? 

The three governments seek to justify their re- 
fusal to join in the appointment of the treaty 
commissions on legal grounds. Although, in our 
view, these grounds are specious and untenable, 
we are prepared to have an impartial judicial 
authority decide whether the present disputes lie 
within the scope of the articles of the treaties of 
peace providing machinery for the settlement of 
disputes, and whether the three governments are 
obligated to participate in the appointment and 
functioning of the commissions. We also think 
it important that the Secretary-General be advised 
authoritatively by the Court concerning the scope 
of his authority, if he should be asked to appoint 
the "third members" of any of the commissions 
which are to be set up to settle the disputes. 



OPINION FROM 

INTERNATIONAL COURT OF JUSTICE 

We, therefore, would urge that the General As- 
sembly request the principal judicial organ of the 
United Nations, the International Court of Justice, 
to give an advisory opinion on these legal questions 
regarding the applicability and functioning of 
the treaty procedures. We are, with the Govern- 
ments of Bolivia, and Canada, submitting pro- 
posals along the lines I have stated to the 
Committee, and I hope very much that these pro- 
posals will be adopted. I wish to repeat the pledge 
given by Secretary Acheson in the general debate 
that the United States will accept the advisory 
opinion of the Court on the questions submitted 
as binding. My government hopes that the Gov- 
ernments of Bulgaria, Hungary, and Rumania 

623 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



also will accept in advance the opinion of the Court 
and act in accordance with it. 

The responsibility for the arbitrary frustration 
of agreed procedures for peaceful settlement is a 
matter of grave concern to all of us. My govern- 
ment believes that as a signatory of the peace trea- 
ties, it is entitled to an authoritative determina- 
tion of this important issue. This determination, 
in our view, is equally necessary in the interest 
of the development of international law and of the 
community of nations under the Charter. 

In the light of the objectives of the United Na- 
tions in the field of both human rights and peace- 
ful adjustment of controversies, the General As- 
sembly is properly and seriously concerned with 
this matter. In our view, the General Assembly 
at this stage should continue to concentrate upon 
assisting the signatories of the treaty of peace in 
their efforts at a settlement through the means 
agreed upon in the treaties; more specifically, it 
should assist them in obtaining guidance on the 
legal questions involved. In doing so, the Gen- 
eral Assembly will act within the spirit of article 
33 of the Charter which contemplates the employ- 
ment of peaceful means agreed upon by the parties 
to a dispute. 



OBLIGATIONS OF FREEDOM 

It is important in this approach, however, to 
keep in mind that the question before us tran- 
scends the legal issues engaging our immediate 
attention. The fundamental problem of observ- 
ance by governments of their international obli- 
gations is at stake. Moreover, in the case before 
us, the substance of these international obliga- 
tions is of unique character. These obligations 
were designed to fill a vacuum in eastern Europe 
left after the collapse of the pro-Nazi regimes of 
tyranny and arbitrary force which held power 
there during the last war. They were designed 
to contribute to the growth of a free and peaceful 
society in which man would enjoy those rights to 
which he is entitled as a human being and in which 
governments, responsive to the wishes of their own 
peoples, would respect the rights of other peoples. 
These obligations were directed toward the ob- 
jectives set forth in the preamble of our Charter : 
to reaffirm faith in fundamental rights, in the dig- 
nity and worth of the human person, in the equal 
rights of men and women, and of nations large 
and small; to establish conditions under which 
justice and respect for international obligations 
can be maintained; and to promote social progress 
and better standards of life in larger freedom. 

In the end, the success of our efforts for better 
and more friendly international relations, in fact 

624 



the success of all efforts to make the United Na- 
tions live and grow, are dependent upon our abil- 
ity to eliminate all forms of tyranny over the mind 
and soul of man. Men and nations want to live 
and let live. Freedom can be shared by all men 
and all nations. Freedom can unite us. Tyranny 
inevitably must divide us. Wliatever modest 
progress we can make in dealing with the question 
before us will be a progi-ess toward the basic goal 
of the United Nations — peace with justice and 
freedom for all. 



Enumeration and Verification 
of Atomic Weapons 

Statement by Ambassador Warren R. Austin^ 

Atomic weapons are in the jurisdiction of an- 
other commission not the creature of the Security 
Council. It is the creature of the General Assem- 
bly and obeys the mandate of the General Assem- 
bly. Other weapons than those in the jurisdiction 
of the Atomic Energy Commission are the only 
weapons within the jurisdiction of the Commis- 
sion on Conventional Armaments. That Commis- 
sion is obedient — note the word obedient — to the 
mandate laid down hj the Securitj' Council on 
February 13, 1947, which established the Com- 
mission on Conventional Armaments. 

That mandate i)rovides "that those matters 
which fall within the competence of the Atomic 
Energy Commission, as determined by the Gen- 
eral Assembly resolutions of January 24, 1946, and 
December 14, 1946, shall be excluded from the 
jurisdiction of the commission here established." 

I am not charging disobedience to anybody but 
I am asserting obedience by the majority to that 
mandate which excluded atomic energy and other 
weapons of mass destruction, by its definition, 
from its enumeration and verification. 

The enumeration and verification of atomic 
weapons is comprehended in the plan of the Gen- 
eral Assembly and the Atomic Energy Commis- 
sion. The proposal for the addition of atomic 
bombs to the census adds nothing new. It con- 
tinues to reflect an unwillingness on the part of 
the Soviet Union to recognize the real nature of 
the atomic problem. A census of weapons with- 
out verification is meaningless. This is another 
attempt to fool the public. 



' Maili' ill response of tbe Soviet proposal in the Se- 
cnrity Coiincil on Oft. 11. 194!t, nnd released to tbe press 
b.v the U.S. Mission to the United Nations on the same 
(late. The Soviet draft resolution stated that "the Security 
Council recognizes as essential tbe submission by States 
both of information on conventional armaments and of 
information on atomic weapons." (U.N. dos. S/1405) 

Department of State Bulletin 



The Position of Korea in International Affairs Today 



Statement by Charles Fahy, U.S. Alternate Representative to the General Assembly'^ 



The report of the United Nations Commission 
on Korea (Uncok) is a painstaiiing, exhaustive, 
and competent survey of the position of Korea in 
international affairs today. Its authors, working 
under difScuh conditions, have fully merited the 
confidence which their governments and the Gen- 
eral Assembly have reposed in them. Their de- 
scription of conditions in Korea gives rise, 
however, to ajoprehensions to which the General 
Assembly should address itself. 

It is a profoundly disheartening fact that, de- 
spite the earnest efforts of the General Assembly 
and of the Commissions which it has sent to the 
field, the Korean people and their homeland re- 
main divided with one-third of the people and 
one-half of the area of the country sealed off be- 
hind a barrier which they themselves are powerless 
to raise. The responsibility for this tragic split 
is clear from the Commission's report, if it were 
not abundantly clear before. 

There is also a brighter side to the picture, how- 
ever, and one which should be a source of pride 
and gratification to the General Assembly. De- 
spite the obstacles which have been interposed, 
substantial progi-ess has been made in bringing 
to the Korean people the freedom and independ- 
ence which were pledged in the General Assembly's 
resolution of November 14, 19-47. The Republic 
of Korea has not only survived the precarious first 
year of its existence, but has also grown in strength 
and maturity. It has been accorded recognition 
by more than a score of nations; this has taken 
place in spite of the pressure to which it has been 
and continues to be exposed in the form of actual 
and threatened military action, as well as guerrilla 
and other subversive activities directed from north 
of the 38th parallel. It is the view of my govern- 
ment that in the preservation of these hard- won 
gains lies the only hope for the eventual unifica- 
tion of all Korea on a democratic basis. 



' Made before the Ad Hoc Political Committee on Sept. 
29, 1949, and released to the press by the U. S. delegation 
to the United Nations on the same date. 

Ocfober 24, 7949 

S59031 — i9 1 



The Commission has been denied access to the 
part of Korea which lies north of that line. Its 
endeavors, whether directly or indirectly through 
the Secretary-General and the Government of the 
U.S.S.R., to communicate with those in control 
of that area have been disregarded in every case. 
It has been systematically vilified in radio broad- 
casts originating within that area and the threat 
has been made by those who dominate north 
Korea that they will drive the Commission out 
completely ; individual Commission members have 
also been threatened through anonymous letters 
inspired from the north. The Commission com- 
ments in its report that the northern regime is the 
creature of a military occupant and rules by right 
of a mere transfer of power from that govern- 
ment. It has never been willing to give its sub- 
jects an unfettered opportunity under the scrutiny 
of an impartial agency to pass upon its claim to 
rule. Its professions of desire for unity are 
belied in its actions. Its activities reach deep into 
the territory of the Republic and interfere in an 
utterly irresponsible manner with the normal proc- 
ess of jjolitical development. 

The Commission has seen at first hand these 
military and conspiratorial manifestations, pro- 
jected uj^on the life of the people within the Re- 
public of Korea, of the gi'oup which now controls 
the north. The Commission declares that there 
exists a serious danger of military conflicts, which 
in Korea would mean civil war. It testifies that 
conflicts which have already occurred upset the 
peaceful routine of the countryside and cause un- 
necessary loss of life, and it finds that the prop- 
aganda efforts of dissension and subversion have 
been stepped up. 

It finds, moreover, that the U.S.S.R. lends coun- 
tenance to northern leaders in bellicose utterances 
and in refusal to consider ways of adjusting rela- 
tions on any plane between north and south. 

Ample evidence is available to emphasize the 
bellicose character of the stand assumed by those 
who dominate north Korea. The attitude of the 
northern regime toward the south is flagrantly 

625 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



hostile. In its radio broadcasts it habitually re- 
fers to forces of the Rejjublic as "the enemy.'" Its 
radio stations bombastically describe conflicts 
which have taken place, feats allegedly performed 
by soldiers servin<r the northern regime, and the 
award of distinguished service medals hy the 
Presidium of the Supreme Korean People s As- 
sembly to the soldiers in question. These stations 
applaud acts of violence connnitted by so-called 
"guerrillas" within the Republic of Korea and, 
using the most scurrilous language, incite its citi- 
zens to rise against that government. 

So long as there exists in Korea the spirit of 
incitement to armed combat, and so long as upon 
occasion such conflict in fact occurs, the purpose 
of the General Assembly to bring about the uni- 
fication and complete independence of Korea under 
a single national government, set up under the 
scrutiny of the Assembly's chosen agency, is 
gravely endangered, as is also the safety and well- 
being of the Republic of Korea and that of all its 
inhabitants. The General Assembly should give 
fii'm expression to the concern which the existence 
of a situation so contrary to its stated purpose 
must arouse among peace-loving peoples, and 
should furthermore make specific provisions for 
the gathering of more precise information regard- 
ing the nature of such conflicts as may occur, and 
regarding the quarter in which the responsibility 
for their occurrence is found to lie. 

The United States delegation, with the delega- 
tions of Australia. China, and the Philippines, 
presents a draft resolution, which, after referring 
to the comments made by Uncok on the existing 
situation and to the finding of the General As- 
sembly at its third regular session regarding the 
statusOf the Republic of Korea, declares the con- 
cern of the General Assembly lest the safety and 
well-being of the Republic- be menaced and lest 
open mili'tary conflict occur in Korea. The draft 
resolution calls for continuance of Uncok in being, 
and confers upon the Conniiission the new function 
of observing and reporting any developments 
which might lead to the outbreak of such conflict. 
The i^resence of the General Assembly's Commis- 
sion in Korea with the powers which we envisage 
for it will serve as an important stabilizing and 
deterrent influence. In the event that conflict 
should occur, the United Nations would have at 
hand testimony from a duly constituted agency 
regarding its nature and origin and regarding the 
responsibility therefor. 

However, "let nothing obscure our conviction 
that the final solution of the problem of Korea 
will not be possible until there can be established 
a single national government over an undivided 
countl-y. It is for this reason that our draft reso- 



lution stipulates that the Commission shall mala 
its good offices available and shall be prepared to 
assist, whenever in its judgment a favorable op- 
portunity arises, in bringing about the unification 
of Korea in accordance with the principles laid 
down by the General Assembly in the resolution 
of November 1-i. 1947. 

The Committee will notice tliat the draft resolu- 
tion makes pi'ovision for the Commission's possible 
api)ointmcnt of observers to assist it in accom- 
plishing these ends. We contemplate a Commis- 
sion whose tasks will be of such a character as to 
call for the assignment of personnel technically 
accomplished and sufficiently numerous to permit 
their carrying on observation functions at various 
localities simultaneously. 

A further provision, whereby the Commission is 
to be authorized in its discretion to utilize the serv- 
ices and good offices of one or more per.sons whether 
or not representatives thereon, is designed to give 
the Commission the broadest possible facilities in 
carrying out those of its functions relating to 
unification. 

It will be noted that the joint draft resolution 
contains a provision that the Commission should 
be available for observation and consultation 
throughout Korea in the continuing development 
of representative government based on the freely 
expressed will of the people, including elections 
of national scope. Although during the past year 
Uncok has been prevented from carrying out this 
function in north Korea, the authority to do so 
should be continued. Furthermore, the Commis- 
sion has studied the development of representative 
government in the Republic of Korea, and chapter 
III of its report contains a useful and thorough 
description of what it has observed and thought 
upon the subject. We have noted that the Com- 
mission, upon invitation by the Government, has 
attended certain by-elections to the National As- 
sembly which have been held during the year. The 
availability of the Commission to assist the Gov- 
ernment of tlie Republic by performing such func- 
tions should be continued. 

We consider that a Commission endowed with 
authority to perform these tasks will be able to 
act eifectively in the defense of General Assembly 
accomplishments to date in facilitating the estab- 
lishment bv Koreans of the Government of the 
Republic of Korea, a government which reflects 
their own choice. We believe furthermore that 
such a Commission will be able to contribute sub- 
stantially, in a manner approi)riate in the light of 
present conditions in that country, to a realization 
of the Assembly's goal. That goal is now as 
always the creation, in accordance with the prin- 
ciples of the 194:7 resoultion and through common 
consent of the Korean people, of a national gov- 
ernment representing before the world the will of a 
united Korea. 



626 



Deparfmenf of Sfafe Bulletin 



The United States in the United Nations 



[October S-15] 

Without the pageantry which accompanies 
plenary meetings, the General Assembly this week 
worked soberly on its lengthy agenda, devoting it- 
self completely to committee activity. 

Political Committee 

The Political Committee rejected a Polish 
motion to reopen committee discussion of the Greek 
question. The Committee previously had set up 
the Greek Conciliation Committee which is to re- 
port back to the Political Committee on the results 
of its discussions with representatives of Greece, 
Albania, Bulgaria, and Yugoslavia, as well as with 
delegates of the United States, U.S.S.R., and the 
United Kingdom. The Political Committee con- 
tinued discussion of the Italian colonies issue, 
hearing representatives of nongovernmental or- 
ganizations from Somaliland, Liiiya, and Eritrea. 
On October 10 the Political Committee appointed 
a subcommittee to consider solutions put forward 
in resolutions offered by committee members. 

Economic and Financial 
Committee 

The debate on economic development in Com- 
mittee II showed that there was unanimous agree- 
ment in principle on the technical assistance pro- 
gram suggested by the Economic and Social Coun- 
cil. On October 11 the Soviet Union withdrew 
its objections to the plan of the Economic and 
Social Council and announced its support. The 
debate concluded on the subject on October 13, and 
the committee then began the consideration of spe- 
cific details of the expanded technical assistance 
program. 

Trusteeship Committee 

On October 6 the Trusteeship Committee con- 
cluded its general debate on the Trusteeship report 
and proceeded on October 7 to a consideration of 
various resolutions dealing with the report. The 
Committee agreed to establish a subcommittee to 
correlate the various resolutions into a single pro- 
posal. Pending a repoi-t of the subcommittee. 
Committee IV adopted a proposal that the United 
Nations flag fly over all territories side by side 
with those of administering powers. 

October 24, 7949 



Administrative and Budgetary Committee 

Committee V adopted the report of the Con- 
tributions Committee, referring in its discussion 
to the fact that the recommended reduction of the 
United States contribution was very small and 
that other inequities still existed in the scale of 
contributions proposed by the Committee. The 
Committee then began a scrutiny of 1950 budget 
estimates submitted by Secretary-General Lie who, 
in introducing these budget estimates, observed 
that the total was "not very large" when compared 
to the vast sums spent for armaments and to repair 
the damage of past wars. 

Legal Committee 

Committee VI, continuing its consideration of 
the report of the Special Committee on Assembly 
methods and procedures, recommended further 
study of mechanical and technical devices for re- 
cording votes. The Committee disapproved the 
idea of establishing a pre-General Assembly 
agenda committee, giving weight to arguments 
that such a committee would not only add expense 
but also would duplicate functions of the General 
Committee. The Committee established a sub- 
committee to act as a drafting committee on rules 
of procedure. The Committee then turned to the 
report of the International Law Commission. 

Ad Hoc Political Committee 

The Committee continued its consideration of 
human rights violations in Bulgaria, Hungary, 
and Rumania. There were sharp exchanges be- 
tween representatives of the Soviet Union, Poland, 
Ukraine, and Czechoslovakia, on the one hand, and 
representatives of the United Kingdom and the 
United States, on the other. The Committee com- 
pleted its general debate on October 12, and on 
October 13 by a vote of 41 to 5, with 9 abstentions 
the Committee recommended that the Interna- 
tional Court of Justice be asked whether a formal 
"dispute" exists between the Western accusers and 
Bulgaria, Hungary, and Rumania, within the 
framework of the treaties. If the ruling is af- 
fii'mative, the court then is asked to decide whether 
the three states are obligated, under the treaties, 
to participate in the work of commissions of 
investigation. 

627 



INTERNATIONAL ORGANIZATIONS AND CONFERENCES 



U.S. Delegations To International Conferences 



U.K., U.S., Canada To Review Declassification 
Guide on Atomic Energy information 

[Released to the press by AEC September 12] 

It was announced in Ottawa, London, and AVash- 
ington today tliat in the interest of continued uni- 
form ai)plication of measures for security of the 
atomic eneriry information which they liold in 
common, representatives of the atomic energy 
agencies of Canada, the United Kingdom, and the 
United States will liold their third declassification 
meeting September 26-28 at the Canadian Atomic 
Energy Research Establishment at Clialk River, 
Ontario. Canada. 

The tliree nations now use uniform Declassifica- 
tion Guides in detertnining wliat information aris- 
ing from their atomic energy research and develop- 
mental work may be ])ublished and what informa- 
tion is to be kept classified and restricted in circu- 
lation. The uniform guides were developed at the 
first declassification meeting of tlie representatives 
of the three governments in November 1947, at 
Washington, D.C.. and were revised at a second 
meeting lield at Harwell, England, in September 
1948. 

At the forthcoming third meeting, the Guides 
will be reviewed in the light of technical develop- 
ments of the past 12 months. The purpose of the 
review is to assist in maintaining nuiximum secu- 
rity of the information held in common by tlie 
particii)ating nations. 

Rei>resenting the three nations at the declassifi- 
cation meeting will be: 

United Kinydom 

Dr. R. E. Peierls, Profe.ssor of Mathematics, University 

of Birmingliani 
Dr. H. J. Eiiit'leus, Professor of Chemistry, Cam- 

hridge University 
Dr. II. W. M. Skinner, Head, General Physics Division, 

.Xtomic I\ner'-'y Research I^stablishment 
J. I*'. .laclvson, Teclmical .\ilniinistrative Office, Atomic 

Energy Research Establishment 

628 



United States 

Dr. W. C Johnson, Chairman, Department of Chemis- 
try, University of Chicago 

Dr. W. I"'. Libby, Professor of Chemistry, University 
of Chicago 

Dr. J. M. B. Kellogg, Leader, Physics Division, Los 
Alamos Scientitic Laboratory 

Dr. K. L. Thornton, Professor of Physics, University 
of California 

Dr. F. de Hoffmann, Los Alamos Scientific Labora- 
tory. .Secretary, Committee of Senior Responsible 
Reviewers 

Drs. Johnson, Libby, Kellogg and Thornton are Senior 
Responsible Reviewers of the United States AEC 

I)eclassitication system 

Dr. J. G. Beckerley, Chief, Declassification Branch, 

U. S. AEC 
C. L. Marshall, Deputy Chief, Declassification 

Branch, U. S. AEC 
Dr. H. A. Fidler, Area Manager, Berkeley Area, U. S. 

AEC 
Bennett Boskey, Deputy General Counsel, U. S. AEC 

Canada 

Dr. W. B. Lewis, Director of the Division of Atomic 

Energj- Itesearch, Chalk River 
Dr. W. H. Watson, Director, Physics Sub-Division 
Dr. L. (!. Cook. Head. Chemistry Branch, Atomic En- 
ergy Project. Chalk River. Secretary 
Dr. B. W. Sargent. Head, Nuclear Physics Branch 
Charles Walker, Declassification Officer, Sercetary 



ECAFE: Fifth Session 

The Department of State announced on October 
11 that the President, with the approval of the 
Senate, has named Myron M. Cowen, American 
Ambassador, Manila, Republic of the Philii)pines, 
as United States representative to the fifth session 
of the United Nations Economic Conunission for 
Asia and the Far East ( UN Ec.vfe) , The meeting 
is scheduled to be held at Singapore, October 20- 
29, 1949. The Deijartment of State has named 
the following advisers to the United States 
representative: 



Department of State Bulletin 



INTERNATIONAL ORGANIZATIONS AND CONFERENCES 



:es 



Continued 



J. Russell Andrus, first secretary-consul, American 

Embassy, Manila 
Barry T. Benson, commercial attach^, American Embassy, 

Bangkok 
Merrill O. Gay, Office of Far Eastern Affairs, Department 

of State 
Seymour Glazer, information officer, American Consulate 

General, Saigon 
Alexander Lipsman, treasury attache, American Embassy, 

Manila 
Edward E. Rice, first secretary, American Embassy, Manila 

Tlie Economic Commission for Asia and the Far 
East is one of three regional economic commissions 
of the United Nations Economic and Social Coun- 
cil. Ecafe's primary objective, according to its 
terms of reference, is to "initiate and participate in 
measures for facilitating concerted action for 
economic reconstruction in the Far East'' and for 
"raising the level of economic activity" within the 
region. Ecafe has as its purpose the maintenance 
and strengthening of economic relations of coun- 
tries within the region, both among themselves 
and with other countries of the world. The fourth 
session was held at Lapstone, New South Wales, 
Australia, November-December 1948. 

Ecafe's membership is comprised of Australia, 
Burma, China, France, India, the Netherlands, 
Pakistan, the Philippines, Siam, the United King- 
dom, the Union of Soviet Socialist Republics, and 
the United States. 

In addition to the main session, three of Ecafe's 
committees will meet also at Singapore in October. 
Ambassador Cowen will serve as chairman of the 
United States delegation to the meeting of the 
Committee on Industry and Trade, scheduled to 
be held October 12-17. The United States dele- 
gation advisers to the fifth session of Ecafe will 
also serve as advisers at the Industry and Trade 
Committee meeting. This Committee replaces 
the Ecafe Committee of the Whole and is intended 
to promote the implementation of the recom- 
mendations of Ecafe; to review reports of the 
Ecafe Secretariat, working parties, and subcom- 
mittees; and to take such other action as Ecafe 
directs. 

Barry T. Benson, conmiercial attache, American 



Embassy at Bangkok, has been named United 
States delegate to the meeting of the Ad Hoc Sub- 
committee on Travel, scheduled to be held October 
12. This Committee is to seek means of eliminat- 
ing, as far as possible, unnecessary restrictions 
which tend to hamper travel across international 
boundaries. 

Mr. Benson is currently serving as United States 
observer to the meeting of the Committee on Inland 
Transport which convened October 5 at Singapore. 

General Assembly of International 
Criminal Police Commission 

The Department of State announced on October 
11 that Horton Telford, attache, American Em- 
bassy at Paris is representing the Federal Bureau 
of Investigation at the General Assembly of the 
International Criminal Police Commission which 
convened October 10 at Bern, and is scheduled to 
adjourn October 15. 

J. Edgar Hoover, Director of the Federal Bu- 
reau of Investigation and a Vice President of the 
International Criminal Police Commission, is un- 
able to attend this meeting. 

The Commission was established in 1924 to pro- 
mote mutual assistance between criminal police 
authorities, within the laws existing in the differ- 
ent countries, and to establish and develop insti- 
tutions which would contribute to an efficient 
repression of common-law crimes and offenses. 
The last General Assembly was held at Praha, in 
1948. 



Senate Confirms Nominations 
of U.N. Representatives 

On October 13, 1949, the Senate confirmed the follow- 
ing nominations to be representatives of the United 
States of America to the United Nations : 

John C. Ross to be deputy representative to the Security 
Council. 

Ernest A. Gross to be deputy representative with the 
rank and status of Ambassador Extraordinary and Pleni- 
potentiary and deputy representative to the Security 
Council. 



Ocfober 24, 1949 



629 



THE RECORD OF THE WEEK 



The stake of Business in American Foreign Policy 



hy Deputy Under Secretary Rusk ' 



I propose to discuss two or three things which 
I believe are of deep concern to j-ou, both because 
you are businessmen and because you are 
American citizens. 

The foi-eign policy of the United States is essen- 
tially very simple. "VVe seek to bring about con- 
ditions in the world in which our free American 
institutions can survive and flourish. We seek 
peace, human liberty, and economic well-being. 
The primary obligation of our own government is 
to seek peace, liberty, and economic well-being 
for our own people, but we have discovered 
through bitter and revealing experience that this 
cannot be done so long as aggression, tyranny, and 
dire distress are rampant in other parts of the 
world. Isolation is not only politically, morally, 
and economically undesirable; it has become 
physically impossible. Hence, indifference to 
events around tlie world would be a fomi of in- 
sanity. For it is only by achieving jointly with 
others the great objectives wliich the American 
people share witli the otlier peoples of the world 
that we can expect to be able to meet our own 
basic needs and requirements. 

Your primary stake in our foreign policy is 
peace. National security is the elementary task 
of government. Since we are the kind of people 
we are. and since modern war has become wlnit it 
is, security demands that we prevent war. But 
the prevention of war is not entirely within our 
own hands, however strong or prosperous or 
peace-loving we may think we are. If we are to 
deal with this business of war successfully, we 



'Rera.arks niarle before tlie Boston Conference on Dis- 
tribvitiim ht>M in Boston, JIass. on Oct. 10, 1949, and 
reU'u.sed to the press on the same date. 

630 



must work with as many other govenments as 
possible across the entire range of o\ir foreign 
policy — both in the United Nations and in our 
regular diplomacy. Nor can we forget that some 
other govenunent, in a moment of madness, might 
force the issue of war, regardless of the views of 
the rest of world. We can do a great deal in the 
interest of peace, but we cannot guarantee that we 
shall have it so long as there are those who are not 
subject to the restraints which we ourselves are 
willing to accept. 

How do we proceed to do what we can to achieve 
a tolerable peace? 

We seek compliance by all states, including of 
coui'se ourselves, with the mininunn standard of 
conduct in international relations required to 
maintain the peace. The Charter of the United 
Nations expresses it as follows : 

All Members sh.ill settle their internatiunal disputes 
l)y peaceful means in such a manner that international 
peace and security, and justiee, are not endangered. 

.\11 Members shall refrain in their international rela- 
tions from the threat or use of force against the terri- 
torial inteixrity or political indeiK'tidence of any state, or 
in any other manner inconsistent with the Purposes of 
the United Nations. 

We are talking about the minimum standard of 
conduct required of all, regardless of political 
])]iilosophy, domestic organization, or national 
idiosyncracies. This minimum standard is framed 
to ])ermit nations to live at peace with each other 
despite the great differences in their political, 
economic, and social institutions. If this min- 
immn standard is observed, many of the specific 
disputes of our day could Ix' readily resolved. If 
we are concerned about the Soviet Union, it is not 
because thej' wish to organize themselves along 

Department of Slate Bulletin 



THE RECORD OF THE WEEK 



Continued 



Communist lines — if they wish to waste their ener- 
gies and resources that is their business. But we 
are concerned because the Soviet Union is pursu- 
ing a course of Russian imperialism incompatible 
with the minimum conduct requii-ed by the inter- 
national community of nations. In Yugoslavia 
we have, if we ever needed, a clear demonstration 
that being Communist is not enough for the Krem- 
lin. Conununists in other lands are expected to 
yoke themselves to the national intei'ests of the 
Russian state. Wliile western Communists are 
stirring with resentment at this compulsion, we 
can wonder how long it will take those Chinese 
who have fallen under Communist domination to 
begin to feel the impact of the same bitter truth. 

There has been considerable talk of the need 
for an "'agreement" with the Soviet Union. If by 
"agreement" is meant a settlement of the particu- 
lar jDoints at issue between us at any one time, we 
are ready to do what we can to reach such settle- 
ments in the proper forum. But if it is supposed 
that our problem would be met by a new over-all 
pact with the Soviet Union, then the nature of 
the problem is not fully understood. Basically, 
what we need is not a new "agreement" but per- 
formance on the agreements we already have; 
not an additional piece of jiarclnnent to sign, but 
execution of i:)romises already made. The United 
Nations Charter is our peace pact, the greatest 
in the history of man, and United Nations ma- 
chinery is available to help in the settlement of 
disputes. Compliance with the Charter and sup- 
port for United Nations machinery would bring 
us a long way clown the road toward a stable peace. 

I said a moment ago that we are ready to do 
what we can to reach a settlement of specific issues 
in the proper forum. Wliy "the proper forum"? 
There are very few strictly bilateral issues between 
the United States and the Soviet Union. The 
lend-lease settlement, Madame Kasenkina, Mr. 
Gubitchev, the treatment of American citizens by 
Soviet authorities are a few samples. These mat- 
ters are troublesome, but I believe they can be 
negotiated out. But these are not the causes of the 
deep anxiety which has marked the postwar period. 
Greece, Iran, Korea, China, Germany, Austria, 
JajDan, Yugoslavia, Palestine, Kashmir, Indo- 
nesia — these have been the scenes where issues have 
arisen to threaten the peace. But these are not 
matters which concern only the Soviet Union and 
ourselves. In fact, they involve the vital interests 
of other governments and peoples — in some in- 
stances the very disposition of large populations. 
Others are, in fact, more deeply interested than 
are we ourselves. We are able in many cases, as 
comparatively disinterested parties, to lend a hand 
in an effort to find a solution — an effort which itself 
has imposed gi'eat burdens upon the conduct of 
our foreign relations. It is not always comfort- 



able to have the task of finding a point of agree- 
ment between Dutch and Indonesian, Pakistani 
and Indian, Jew and Arab. But these and other 
such issues are not to be settled by the United 
States and the Soviet Union in a bilateral trading- 
out of the basic interests of others in exchange 
for an endurable modus vivend't between the two 
of us — for a result which would have to be imposed 
upon the unhappy victims of big-power politics. 
President Truman said at Berkeley, California, in 
June 1948 : 

I have said before and I repeat now : The door is always 
open for honest negotiations looking for genuine settle- 
ments. 

The door is not open, however, for deals between great 
powers to the detriment of other nations or at the expense 
of principle. 

The main issue of peace is the issue of aggres- 
sion — direct aggression by armed forces across 
national frontiers as well as indirect aggression by 
subversion, infiltration, intimidation, and sabo- 
tage. This is in no sense an issue between the 
United States and the Soviet Union — it is an issue 
between the Soviet Union and the rest of the 
world. The i-esult has been that the Soviet Union 
and its pitiable satellites have found themselves 
in a small minority in the United Nations — a 
minority position not imposed hj others but flow- 
ing inescapably from the policy and the conduct 
which can not be reconciled with the United 
Nations Charter. 

The Security Council, the General Assembly, 
the Council of Foreign Ministers, the Korean 
Commission, the Balkan Commission are forums 
in which settlements can be reached among those 
principally interested; where the parties can be 
heard and the issues influenced by impartial 
opinion; where discussion is influenced by great 
international documents which have sought to set 
the pattern of conduct which states must follow 
if there is to be peace and accommodation. 

We are now observing a world-wide "peace of- 
fensive" by the Soviet Union. Unfortunately, 
there will be some who will be misled by words 
which divert their attention from deeds. That 
aggression against human intelligence is being 
committeed is perfectly clear when we realize that 
this "peace offensive" seeks to hide the frustration 
of the Security Council, the boycott of the Balkan 
and Korean Commissions, refusal to participate 
seriously in the work of the United Nations Atomic 
Energy Commission and Commission for Conven- 
tional Armaments, boycott of the Interim Commit- 
tee of the General Assembly, refusal to carry out 
clauses of Balkan peace treaties relating to methods 
of settling disputes arising imder those treaties, 
refusal to participate in or support the specialized 
agencies of the United Nations, refusal to con- 
tribute to humanitarian and peacemaking efforts 
such as Palestine Refugee Relief, the International 
Children's Emergency Fund — the list is long and 
dismal. 



Ocfober 24, J 949 



631 



THE RECORD OF THE WEEK 



Continued 



Because the main issue of peace is an issue be- 
tween the Soviet Union and the rest of the world, 
it becomes important that tlie rest of the world be 
strongh enough to leave a possible aggressor in no 
doubt but that aggression will result in disaster 
to its instigator. The United States must be 
strong, but its strength must be joined with the 
strength of otliers. The Rio pact, the North At- 
lantic pact, Western Union, the Military Assist- 
ance Program are all parts of the etTort being made 
to strengthen those who are prepared to comply 
with tlic Ciiarter and to resist aggression. 

Tile production of an atomic explosion by the 
Soviet Union does not fundamentally change but 
adds new emphasis and urgency to the problem of 
maintaining (he peace. The comparative calm 
with which the news was received does not mean 
that it was unimportant or of little consequence. 
The essential elements of the problem, however, 
remain. Either we do or we do not achieve effec- 
tive international control of atomic energy. From 
the moment of its development, the United States 
has sought to join with others in establishing effec- 
tive international control of this new force in or- 
der that we might live in reasonable security and 
not under the shadow of an atomic armaments 
race. We still seek such international control and 
are willing to examine sympathetically every pro- 
posal to bring that about. But effective interna- 
tional control requires, as a minimum, full knowl- 
edge of the existence and use of dangerous mate- 
rials and international control of such use. We 
dare not delude ourselves by calling anything less 
"international control." 

Without effective international control of 
atomic energy we must face the possibility — I say 
the possibility — of competition in atomic weapons 
and the use of such weapons in war. At this point 
we come back to the fundamental problem of secu- 
rity with which we started — we must prevent war 
itself — and in the process we must insure that 
those governments and peoples who are willing to 
abide by a satisfactory standard of conduct are 
strong enough and determined enough to dis- 
suade any government from trifling with the no- 
tion of aggression. If aggression by atomic 
means occurs, it must be met by all the resources 
of the human race, and this must somehow be made 
known in advance to jiermit no miscalculation on 
the part of a potential wrongdoer. 

A second great stake which you have in our for- 
eign policy lies in the economic field. Peace and 
economic well-being can not be separated. Nor 
can the economic well-being of the United States 
be achieved outside the framework of a success- 
fully functioning economic system in the world 
about us. I trust that we shall not go through the 
dismal process again of learning that simple fact 
through experience. Men must produce, and 

632 



trade, and be allowed to consume. Tlirough trade 
the total product increases and standards of living 
rise. Tiie principles are simple and are generally 
recognized. The practice is enormously complex 
and is beset with difficulties at every turn. 

Attention has recently been called in a dramatic 
fashion to one aspect of our economic problem 
which relates specially to the United States. For 
a generation we have found ourselves a creditor 
nation and with a largo surplus of exports over 
imports. The rest of the world wishes to buy from 
us more than they are able to sell to us. In the 
1920's we closed the gap largelj' by buying foreign 
securities through ordinary investment channels; 
in the 19.30's we closed it by buying foreign gold 
and by buying back foreign hohlings of American 
securities; in the 1940's we have closed it by very 
large governmental loans and grants. Wliat shall 
we do about it in the 1950's? Common sense sug- 
gests that we close the gap at a high level of trade 
rather than at a low level. Common sense also 
suggests that it is in our interest to exchange value 
for value across our national frontier to get some- 
thing in return for our exports rather than give 
them away in one device after another. That 
would seem to mean that we must be jirepared to 
buy goods and services from others on a scale 
greater than we are doing at the present time. I 
am told that if every retailer in the United States 
bought 1 or 2 percent more of imported goods, the 
dollar gap would be solved. I am told that only 
3 percent of our national income is being spent 
for imports at the present time as com]>ared with 
7 percent before the recent war. I do not suggest 
that the matter is as simple as that, but to a con- 
siderable extent you gentlemen represent Ameri- 
can consumers — and the American consumer has 
a large part of the answer in his own hands. 

The unbalance between dollar and nondollar 
areas is by no means our only economic problem 
in the international field. Nations in Western 
Europe, with an inheritance of deva.stntion and 
economic dislocation from the recent war. must 
find a way to earn their own li\nngs and to place 
themselves in a rational relation to each other in 
economic matters. In the process, the untapped 
energies of individual men and women must be 
called upon for a great effort of reconstruction 
and revival. The United States has made an 
enonnous effort since the war to bring this .second 
great workshop of the world back into running 
oi-der. both by providing essential materials and 
by invoking the return of self-confidence without 
which men can not seem to help themselves. We 
believe that the European Recovery Program is 
]ilaying a role of the greatest historic importance, 
not only to the people of Europe but to the 
American people as well. 

The extension of the reciprocal trade-agree- 
ments ])rogram by the Eighty-first Congress will 
jiermit us to sui)port international trade at freer 
and higher levels than would otherwise be jiossible. 

Deparlment of Sfafe Bulletin 



THE RECORD OF THE WEEK 



Continued 



Tlie effective operation of the Ito, whose Charter 
is now before the Congress, will be a significant 
step toward a free and multilateral trade structure 
wliich will be of great benefit to American busi- 
nessmen. 

We recognize that conditions in many countries 
are such as to make trade and investment mi- 
a^ttractive — and, in many instances, impossible. 
We are using all the means of diplomacy available 
to us to reduce obstacles to trade and investment 
arising out of national policies or business prac- 
tices. In addition to the negotiation of commer- 
cial treaties, we have asked the Congi-ess to enable 
us to provide certain guaranties for American 
investor's abroad against risks which are not con- 
sidered normal business risks. 

Imbalance of trade has created problems of ex- 
change and of investment which are being at- 
tacked through the International Monetary Fund 
and the International Bank. 

We are convinced that rising standards of liv- 
ing in other parts of the world are of direct and 
immediate benefit to the United States. The Ex- 
port-Import Bank is assisting in developmental 
projects where private capital is thus far unavail- 
able, in an effort to increase the income-producing 
capacity of other countries. Through the technical 
assistance program which has now been presented 
to Congress, we hope that we shall stimulate the 
economic advancement of many areas where de- 
velopment is needed, where resources are present, 
but where technical know-how is missing. 

In the economic field, again, we have discovered 
that there are those who seek to destroy rather 
than to build. Again, it is the Soviet Union which 
exhibits an interest in distress, disorder, and decay. 
Since communism can not hope to thrive where 
people are busy, productive, and content, com- 
munism has contributed little but sabotage to the 
solution of our international economic problems. 
At the American Legion convention at Philadel- 
phia in August of this year, President Truman 
called attention to the fact that 

It became clear that the Soviet Union would not join 
in working for world economic recovery ... Its aggres- 
sive foreign policy created alarms and fears that hampered 
recovery. 

In this connection it is significant to note that the 
Soviet Union has refused to join and support any 
of the specialized agencies of the United Nations 
which are laboring to bring order into our eco- 
nomic structure, it has vetoed participation in the 
European Recovery Program by its neighbors in 



eastern Europe, has incited strikes and disorders 
in critical industries in western Europe. 

In summary, your interest in our foreign policy 
comes to nothing less than your inescapable inter- 
est in the creation of a working political and eco- 
nomic order throughout the world. The United 
States has taken the lead in this effort. It is a 
leadership which has been thrust upon us, which 
we often fijid uncomfortable, for which we have 
not been properly trained. But it is a leadership 
which we can not escape, because we shall make 
decisions as readily by inaction or by indecision as 
by positive acts. 

Between the simple principles which I outlined 
at the beginning and the millions of transactions 
which occur between us and foreign governments 
each year, there are a great mass of governmental 
decisions which have to be made. They involve 
both the science and art of government and ramify 
into every aspect of the life of our people. This 
process must be subject to constant inspection and 
criticism by you, both as businessmen and citizens, 
in order that the main trends of governmental 
action go in the direction desired by the people of 
this country. 

In the political field, we shall strive to follow 
policies wliich not only promote the national inter- 
est but commend themselves to fair and impartial 
men the world over. We shall seek agreement 
where we can find it, within the framework of our 
international obligations and the right conduct 
which is expected of us. We shall encourage those 
who are prepared to live at peace with their neigh- 
bors and seek to strengthen those who will defend 
the peace of the international community against 
aggression. We shall accept our full share of the 
responsibilities and burdens of international life 
but we shall give due regard to the interests and 
opinions of others. 

Our citizens must clearly recognize how diffi- 
cult is the job we face. We are on the constructive 
side, we are among those who are seeking to build. 
It is easy and cheap to dynamite a bridge, to organ- 
ize a riot, to create prejudice and passion. It is 
difficult and complicated to organize a peace, to 
get 2 billion people in position to earn a decent 
living, to arrange trade and exchange across 80 or 
more national frontiers, to adjust infinite variety 
to a single standard of conduct. We shall have 
our failures because of the very difficulty of the 
things we are trying to do. But with imagina- 
tion, courage, faith, persistence, and hope we shall 
pick ourselves up from our failures and get on 
with the job. And we shall find, in the long run, 
the great mass of the people of the world with us 
in this effort. 



October 24, 1949 



633 



THE RECORD OF THE WEEK 



Continued 



Period for Applying for Import License 
for French IVIorocco Extended 

[Released to the press October 11] 

The United States has assented for a provisional 
period of 00 days to the application to xVmerican 
businessmen of the import-license reji^ulations of 
French Morocco which were originally announced 
on December 30, 1948, upon the basis of the re- 
vised terms recently negotiated between the United 
States and Protectorate representatives in Rabat, 
effective October 10. During the 60-day period, 
discussions are to continue on certain associated 
problems in the economic relations of the two 
countries. 

The revised terms of the application of Moroc- 
can import-license regidations are designed to 
clarify and improve the present conditions and the 
future prospects for American participation in 
supplying the import requirements of French 
Morocco. 

These detailed terms will api)ear in an early 
issue of Foreign Commerce Weekly and will 
sliortly bo available in mimeogra])hed form from 
the Office of International Trade, Washington, 
D.C., and from the field offices of the Department 
of Commerce. 



Satellite Protests Against 

Bonn Government Echo Soviet Views 

Statement ty Secretary Acheson 

[Released to the press October 12] 

Within the last 10 days, the Governments of 
Poland, Czechoslovakia. Hungary, and Rumania 
have presented notes or made public declarations 
protesting the establishment of the (Jerman Fed- 
ei'al Republic. These statements all echo duti- 
fully the views exjiressed in the Soviet notes of 
October 1 to the United States, British, and French 
Governments. All of those statements indulge in 
totally unfounded accusations against the Western 
powers. 

Despite the fact that certain of these countries 
were allies of Nazi (jormany, the Government of 
the United States recognizes that the peoples of 
all those states which are neighbors of Germany 
or wliich have been the victims of Nazi aggression, 
have a legitimate interest in (icrman affairs. But 
it must emphatically reject the attempt by govern- 
ments which have been foisted upon their own 
peoples by totalitarian methods to criticize, in the 
interests of a foreign power i-ather than of their 
own people, the actions of those nations which are 

634 



endeavoring to e.stablish democratic institutions 
in the greater part of fJermany for which thej' are 
responsible. 

It is clear that these notes and declarations were 
presented solely for the purpose of reinforcing 
the Soviet protest of October 1. As was pointed 
out by the Under Secretary in his statement of 
October G,' it is evident from the record that the 
Soviet Government is fully accountable for the 
breakdown of four-power control and for the pres- 
ent division of Germany. Any protests against 
the violation of the Potsdam Agreement on Ger- 
many and the resulting division of that country 
niight more appropriately be directed to the Soviet 
Government. 



East German Government 
Established Through Soviet Fiat 

[Released to the press October 12] 

The United States Government considers that 
the so-called German Democratic Republic estab- 
lished on October 7 in Berlin is without any legal 
validity or foundation in the popular will. This 
now government was created by Soviet and Com- 
munist fiat. It was created by a self-styled "Peo- 
ples' Council" which itself had no basis in free 
popular elections. This long-expected Soviet crea- 
tion thus stands in sharp contrast to the German 
Federal Republic at Bonn which has a thoroughly 
constitutional and popular basis. The eastern 
government rests on no constitution written by 
democratic representatives of the states of the 
Soviet zone. The new government is not the 
outcome of a free popular mandate and according 
to repoi'ts elections have been postponed until 
October 1950. The new government and its So- 
viet masters are obviouslj' afraid to risk the verdict 
of the people of the Soviet zone. 

Unlike the Government at Bonn, the Soviet zone 
government has no fornuilized relationship to the 
Soviet occupation authorities although every ef- 
fort will be made by the latter to describe it as a 
free and independent government. It is obvious, 
however, that in reality it will be a subservient 
and controlled government since its actions will 
be dictated behind the scenes not by the ])eople of 
the Soviet zone but by the Communist Party di- 
rected from Moscow. Such a government cannot 
claim by any democratic standard to speak for 
the German jjoople of the Soviet zone; much less 
can it claim to speak in the name of Germany as a 
whole. 

Under these circumstances, it is perfectly evi- 
dent that all of the high-sounding talk about a 
peace treaty, an end to the state of war, and the 
withdrawal of occupation trooj^s will be devel- 



• BULLETIN of Oct. 17, 1949, p. 590. 

Department of State Bulletin 



THE RECORD OF THE WEEK 



Continued 



oped solely for its propaganda appeal to the Ger- 
man people. As long as an autocratic Communist 
regime remains fastened upon the people of east- 
ern Germany and carries out Soviet policies under 
the protection of a large militarized Communist 
police force, it would be meaningless to speak of 
a peace treaty, or an end of the state of war, or 
the withdrawal of Soviet troops. The United 
States Government and the Governments asso- 
ciated with it will not in any way be deceived 
or diverted from their course of action by the 
events which have taken place at Berlin and will 
continue to give full support to the Government 
of the German Federal Eepublic at Bonn in its 
efforts to restore a truly free and democratic 
Germany. 



Dismantling in Germany 
Handled by Governments 

Statement by John J. McCIoy 
[Released to the press October 10] 

■ FoUowing is the text of a statement on repara- 
tions issued by United States High Gonvmissioner, 
John J. McCloy, in Framkfort on October 9, IBIfi. 

The matter of dismantling is now not in the 
hands of the Commissioners. It is entirely a gov- 
ernmental matter. The Governments have stated 
their position in regard to the cessation of dis- 
mantling. I have frequentlj7 been asked my per- 
sonal views. My personal view does not favor a 
cessation of dismantling unless and until guaran- 
tees as to security and reparations can be given 
by Germany sufficiently strong to justify it. It 
is a highly technical subject and one as to which 
a most detailed study is required. My colleagues 
views are their own and I would not attempt nat- 
urally to express them or imply them. Certainly 
I have had no intimations from either of them 
that their views toward dismantling differ in the 
slightest degree from those of their Governments. 



President Truman Welcomes 
Prime Minister Nehru 

[Released to the Press hy the White House October 10] 

Mr. Prime Minister, I am very happy to wel- 
come you to this country on behalf of the Govern- 
ment and people of the United States. I greet 

Ocfofaer 24, 1949 



you not only as the chief minister of your govern- 
ment, but also as the loved and respected leader 
of a great nation of free people. 

Destiny willed it that our country should have 
been discovered in the search for a new route to 
yours. I hope that your visit, too, will be in a 
sense a discovery of America. 

I extend to you the hospitality and good will of 
the people of the United States with the hope that 
your visit among us will leave you with the firm 
conviction that we are indeed your warm friends. 



Elections in Austria 
Show Political IVlaturity 

[Released to the press Octoiber 10] 



m 



The Department of State today issued the fol 
lowing statement on yesterday^s elections ii 
Atistria. 

According to available reports, the elections in 
Austria were conducted with complete freedom in 
all occupation zones, so that the results must be 
regarded as the democratic expression of the polit- 
ical choice of the Austrian people. The increase 
of the electorate by nearly one million votes and 
the remarkable participation of approximately 
95 percent of all qualified voters combine to make 
these elections even more representative than the 
l^revious elections of 4 years ago. 

Continuation of the stability which has char- 
acterized the Austrian political scene since 1945 
appears to be assured by the overwhelming victory 
of the two parties which have hitherto made up the 
government — the People's Party and the Socialist 
Party. These two parties, representing between 
them some 83 percent of the electorate, have indi- 
cated their willingness to continue in coalition and 
to work together toward the goal of full national 
independence. 

The Austrian elections have also been charac- 
terized by the emergence of a new party, the Asso- 
ciation of Independents, which has campaigned 
without a past record of accomplishment and on 
which opinions may best be withheld until it can 
prove, by its actions in the Austrian Parliament, 
whether it has a useful contribution to make to 
the democratic political life of Austria. 

The decrease of the popular representation of 
the Austrian Communists conforms to the gen- 
eral trend in the other free European countries. 
Despite the accession of a dissident splinter of the 
Socialist Party, and a large increase of the total 
electorate, the Communists received an even 
smaller percentage of the total vote than in 1945, 
although due to the distribution of their vote 
they i-eceived one more seat in Parliament. 

The Austrian people, by freely expressing their 

635 



THE RECORD OF THE WEEK 



Continued 



Political convictions in spite of the presence of 
oreign troops on their soil, Iiave again demon- 
strated their political maturity and their united 
determination to protect their democratic institu- 
tions. 



U.S.S.R. Asked To Assist in Finding 
Location off U.S. Merchant Vessel 

[Released to the press October 3] 

Upon instructian of the Secretai-y of State, 
Avibassador A. G. Kirk at Moscow on October 1 
delivered the following note to the Foreiqn Office 
of the V.S.S.R.: 

I am instructed by my Government to bring to 
Your Excellency's attention the matter of the U.S. 
merchant vessel, Kimball R. Hmith. The vessel is 
of the N-3 type, having a steel hull, single deck 
with full scantling, vertical stem and cruiser stern. 
It is 258 feet in length, has 188.5 gross tons, and 
dead weight of 2778 tons. The Kimball R. Smith 
left Pusan, Korea on September 20 with a cargo of 
salt destined for Kunsan. Korea. It is on loan 
from the U.S. Government to the Government of 
the Republic of Korea. Title to the vessel rests 
with the United States Government although, 
while on loan, the vessel operates under the flag 
of the Republic of Korea. Ship papers on board 
the vessel include an Affidavit of Title verified by 
the American Consul General, Yokohama ; pro- 
visional load line certificate issued by the United 
States Bureau of Shipping, dated May 28, 1949; 
an International Loud Line Certificate issued July 
8, 1949 and two United States Bureau of Shipping 
Surveys dated February 28 and May 14, 1949 
respectively. 

The two American officials of the United States 
Economic Cooperation Administration sailed with 
the vessel as advisors to the Korean crew. The 
officials are Alfred T. Meschter, bearing American 
dijjlomatic passport No. 783 dated April 1, 1949 
and Albert Willis, having American diplomatic 
passi)ort No. 834, dated April 6, 1949. 

On September 24 the Pyongj-ang radio station 
in Korea announced the arrival of the Kimball R. 
Smith at the port of Chinnampo on September 22. 
In view of the fact that no further word has been 
received, it would be ajjpreciated if the Soviet 
Government would lend assistance in ascertaining 
the exact location of the vessel, the welfare of the 
two American officials, and would facilitate the 
prompt departure of the officials and the vessel 
in order that they may proceed to the port of 
original destination. 



Greek Writer Receives First Grant 
Under Smith-Mundt Act 

Elias Venezis, one of the leadine; writers of 
present day Greece, has just received tne first gi-ant 
awarded by the State Department in the Eastern 
Hemisi)here under the program authorized by the 
Sniith-Mundt Act for the international exclmnge 
of leaders and specialists. Grants under this pro- 
gram, which represents one phase of a broad in- 
formation and educational exchange, are awarded 
to persons who have attained outstanding prom- 
inence in their fields of specialization, and who 
can also serve effectively in furthering a spirit of 
understanding and friendship between the United 
States and foreign countries. 

Mr. Venezis came to this country on his own ini- 
tiative some 2 months ago for the purpose of ob- 
taining a finst-hand knowledge of America and 
the American way of life, which he plans to incor- 
porate into a book to be published on his return 
to Greece. Since his arrival here, he has visited 
cities in the East and Midwest, including New 
York. Buffalo, Niagara Falls, Detroit, and Chi- 
cago. He has been awarded a grant to enable him 
to remain here for an additional 2 months and to 
continue his observations in other sections of the 
country. 

Mr. Venezis was one of the million and a half 
Greeks who fled from Asia Minor to Greece in the 
great exodus of 1922 and literary expressFon to this 
experience has been given in soiiie of his works. 

Since his arrival in the United States, Mr. 
Venezis has been giving his impressions of this 
country in a series of talks on the Voice of Amer- 
ica, including one on the Chicago Music Festival 
in August, on Times Square, and on the Citv of 
Washington. He plans to continue these talks 
throughout the remainder of his trip and to pub- 
lish a series of articles on his impressions of the 
United States in one of Greece's leading daily 
papers, Vima. 



Chinese National Anniversary 
Celebrated 

[Released to the press October JO] 

R resident Ti'uman on October 10 sent the fol- 
lowing message to the Acting President of China, 
Li Tsung-Jen. 

On this national anniversaiy I extend to Your 
Excellency and to the people of China the sincere 
good wishes of the people of the United States. 



636 



Department of State Bulletin 



Release of Earmarked Gold in Japan 



Released to the press Octoher 5 



DIRECTIVE TO THE SUPREME COMMANDER 
FOR THE ALLIED POWERS' 

Wliereas in international law and monetary 
practice in the absence of clear proof of a contrary 
intent the earmarking of gold transfers the title to 
such gold and the right to the possession thereof 
to the person in whose name the gold is earmarked 
with the same force and eti'ect as transfer of title 
accompanied by physical transfer ; 

Wliereas there is held under your control in 
Japan a quantity of gold bullion earmarked by 
Japanese authorities before the surrender of Ja- 
pan for the Government of France and the Gov- 
ernmetn of Thailand, their agents or nationals; 

Whereas France and Thailand are members of 
the United Nations, and 

Whereas it is your responsibility pursuant to 
Part II, Paragraph 3 of the Basic Post-Surrender 
Policy for Japan, Directive Serial No. 82 to pro- 
tect the interests, assets and rights of all Mem- 
bers of the United Nations and their nationals, 

You should release to the duly accredited rep- 
resentatives of the Governments of France and 
Thailand gold held in Japan earmarked before 
the surrender of Japan for them, their agents or 
nationals and permit the assignment or removal of 
such gold in accordance with international mone- 
tary practice, except for any portion of the gold 
to which you determine that the Government of 
Japan or its agents did not have good title at the 
time of earmarking, and any portion which was 
transferred by Japan in compensation for prop- 
erty which lias subsequently been restituted in ac- 
cordance with policy directives transmitted to you 
pursuant to the terms of Keference of the Far 
Eastern Commission. The determination of the 
portion mentioned in the last clause in the im- 
mediately preceding sentence, if any, should be 
the subject of direct negotiations by you with the 
claimant government. 

U. S. PRESENTS MEMORANDUM TO FEC^ 

Upon the instructions of my government I de- 
sire to make the following statement concerning 

Ocfober 24, 7949 



the problem of the gold in Japan earmarked for 
France and Thailand and the announced intention 
of the United States to issue a directive to the 
Supreme Commander to release the gold to those 
countries. 

The decision of my government that the gold 
should be released was made after extended study 
of the legal rights of the parties and after thorough 
consideration of all the factors involved. My gov- 
ernment concluded, first, that France and Thailand 
undoubtedly became the owners of the gold both 
under international monetary practice and the 
ordinary law governing commercial transactions. 
The earmarking of gold is an accepted method of 
transferring title thereto, and in the opinion of the 
financial authorities of this Government, should 
be treated in good faith as an accepted method of 
international payment. In the present cases these 
earmarkings were not only registered in the books 
of the Japanese banks but specific gold bars were 
physically marked and segregated and acknowl- 
edgments of custody for the Bank of Indochina 
and Bank of Thailand respectively were executed. 

My government has concluded that there are no 
considerations to justify disregarding the property 
rights of France and Thailand. As a matter of 
law the gold is clearly not Japanese. It is true 
that much of the gold was transferred during a 
period when the countries concerned were at war 
with certain of the members of the Fec or were 
under enemy occupation. There is nothing in in- 
ternational law, however, which makes compensa- 
tion for goods and services illegal, whether made 
to a neutral, a cobelligerent, or an occupied-enemy 
power. There is nothing, moreover, in the practice 
of the Allied Powers in the postwar gold settle- 
ments in Europe which could justify disregard- 
ing the present transfers. No efforts were made 
in those settlements to set aside transfers of gold 
by the enemy powers except in the case of gold 
which had been looted. Since the present case 
involves the ownership of physical property, title 
to which was lawfully transferred, it is entirely 

' Issued on Oct. 3, 1949. 

' Statement made by Major-General Frank R. McCoy in 
the Far Eastern Commission meeting on Sept. 15, 1949." 

637 



THE RECORD OF THE WEEK 



Continued 



distinct from nionetary claims wliich tliesc and 
other countries may have in consequence of com- 
mercial and financial transactions during the war. 
My frovernment agrees entirely that tlie availabil- 
ity of Japanese assets and foreign exchange resour- 
ces to pay nionetary claims must be considered in 
the light of competing claims arising out of the 
war and the occupation. 

Lastly, my government concluded that notwith- 
standing the values involved this matter does not 
present a policy question which is appropriate for 
consideration by the Far Eastern Commission, 
but ratiier the imi)lenientation by the Supreme 
Commander, under a supplementary directive is- 
sued by the United States in accordance with sec- 
tion 1 of paragraph III of (he terms of reference 
of the Fec, of the general decision of the Far East- 
ern Commission with respect to the assets of mem- 
bers of the United Nations and their nationals. 
The directive which my government propases to 
issue thus is of an administrative nature and does 
not determine any policy questions which fall 
within the pi-ovince of this Commission. 

In response to the specific request of the Aus- 
tralian member mj' government has prejjared and 
will circulate to the members here a memorandum 
giving certain factual information about the 
transactions involved. xVs indicated previously 
my government intends shortly to issue the pro- 
posed directive, which will })e filed with the Cfom- 
mission. 

Replies to Queries at 103rd FEC Meeting 

1. The total value of the gold earmarked for 
France and 'I'iiailand is approximately $81,000,000 
of which $;57,:'.0(Ml()0 (approximately 33.000,000 
grams) is earmarUed for the Bank of Indochina 
and $43,700,000 ( approximately 38,800,000 grams) 
for the Bank of Thailand. 

2 (a). 20,777,000 grams of gold were earmarked 
for the Bank of Indochina pursuant to a commer- 
cial agreement made on May 6. 1941. Under this 
agreement yen accruing to the credit of Indochina 
were converted from time to time in(o gold. The 
commodities supplied by Indochina consisted 
principally of rubber and rice. The last earmark- 
ing under this arrangement was in May, 1943. 
Under a further agreement, for the use of French 
ships by the Jajianese, one-third of the yen paid 
to Indochina were converted by earmarking gold. 
Undei- this agreement 439.000 grams of gold were 
earmaiked for the Bank of Indochina in May 1943. 
The balance, 11,840,000 grams of gold, was ear- 
marked in payment for supplies purchased by the 
occupation forces in Indochina, one-third of the 
yen accruing to Indochina being subject to conver- 
sion. The last earmarking under this arrangement 
was in September 1942. 



(b). Gold was earmarked for Thailand under 
a .series of arrangements whereby yen credits were 
established by the Japanese in payment for baht 
credits given by Thailand to Japan, a portion of 
the yen to be converted into gold. The fii-st such 
agreements, in 1941, involved the granting of 
credits to finance trade between the two countries. 
The later advances of baht were made as a result 
of demands by the Japanese military. In both 
cases the primary commodity purchased by the 
Japanese was rice; other important commodities 
were tin and rubber. The goods and services 
were supplied bv Thailand from early 1941 until 
the middle of 1945. 

3 (a). Gold was earmarked for the Bank of 
Indochina in 1941. 1942. and 1943. Approxi- 
mately one-third of the gold was earmarked be- 
fore December 7, 1941. 

(b). Gold was earmarked for Thailand between 
August 28, 1941, and July 5, 194o, inclusive. 

4. In all cases, specific bars were phj'sically 
marked and segregated, and acknowledgments of 
custody for tlie Bank of Indochina or the Bank 
of Thailand, as the case may be. were executed. 
The Thai Government under the agreements was 
l)ermitted to inspect the gold in the Bank of Japan 
ami is in possession of fvdl documentation indicat- 
ing the specific bars owned by and set aside for 
it. Some gold, not included in the amount now 
under earmark, was physically transferred to 
Thailand. 

5. The total amount of gold held by Japan at 
the time of surrender was approximately 182,000,- 
000 grams (including gold under earmark). 

6. The following amounts of gold found in 
Japan are under earmark in addition to that ear- 
marked for Thailand and France : 

(a). Gold bars aggregating 213.927.2 gi-ams are 
earmarked for the Bank of Italy, This earmark- 
ing was nuide in 1942 pui-suant to a transaction 
whereby the Yokohama Specie Bank purchased 
United States dollars from the Italian Govern- 
ment for Japanese dijilomatic purposes in Argen- 
tina and Chile, undertaking to make repayment 
in Jai)an. 40 percent in yen and 60 percent in gold 
bullion. No action has yet been taken with respect 
to the release of this gold. 

(b). There are ()07,2G8.9 grams of gold under 
earmark for the Federal Keser^e Bank of China, 
an agent of the Japanese puppet regime in China. 
These ingots were produced from gold mined in 
occupied China and sent to Japan for refining. 
The Federal Reserve Bank of China purchased 
the gold from the mining company, but the gold 
remained in the cujstody of the Baidv of Japan. 
The Supreme Commander has indicated that he 
is treating this gold as looted and is submitting 
the question of its disposition to the Restitution 
Advisory Committee in Tokyo for a reconunenda- 
tion whether restitution should be made to China 
under Far Eastern Commission directives. 



638 



Department of State Bulletin 



THE DEPARTMENT 



Department Leases "Prospect House" 

[Released to the press October I4] 

On October 12, 1949, the Department of State leased the 
residence of Mrs. James Forrestal, widow of the late 
Secretary of Defense, for a period to run to June 30, 1950, 
with theright of renewal. The residence, located at 3508 
Prospect Avenue. N\V. and known as "Prospect House," 
has heen leased fully furnished and will serve as a United 
States Government guest liouse for distinguished foreign 
visitors during the period while the White House is under- 
going repairs and until the Blair Houses again become 
available for Department of State use. 

The Department expects to have the House in operation 
beginning November 1. The first distinguished guest will 
probably be His Imperial aiajesty The Shah of Iran when 
he arrives in Washington November 16. 



Appointment of Officers 

Thomas T. Carter as Chief of the Aviation Division. 
Office of Transport and Communications, effective October 
3, 1949. 

Henry A. Byroade as Director of the Office of German 
and Austrian Affairs, effective October 8, 1949. 



The booklet answers the questions: What is 
bought for tlie AEC ? Who buys it ? Where are 
the procurement offices located ? It contains lists 
of the supplies, materials, and equipment being 
purchased by or for the AEC and its contractors, 
the addresses of the purchasing offices and agents, 
and instructions on how a business firm may be 
considered to receive invitations to bid. 

"In order to obtain business from the AEC or 
its contractors," the booklet states, "it is not nec- 
essary to employ counselors, advisers, or any 
agents or agencies. Such persons or agencies can- 
not perform anj' service which any reader of this 
booklet cannot perform for himself." 

The booklet is available from the Superintend- 
ent of Documents, United States Government 
Printing Office, Washington 25, D.C. for 10 cents. 



THE FOREIGN SERVICE 



Confirmations 

On October 13, 1949, the Senate confirmed the nomina- 
tion of James Bruce to be Director of Foreign Military 

Assistance. 



Confirmations 

On October 13, 1949, the Senate confirmed the nomi- 
nation of Jack K. McFall to be an Assistant Secretary of 
State. 



PUBLICATIONS 



Atomic Energy Booklet 
for Businessmen Released 



Resignations 

The President on October 13, 1949, accepted the resig- 
nation of J. Klahr Huddle as American Ambassador to the 
Union of Burma and United States representative on the 
United Nations Commission for India and Pakistan. For 
text of the President's letter to Mr. Huddle, see White 
House press release of October 13, 1949. 



THE CONGRESS 



IReleased to the press iy AEC October 9] 

A new booklet describing how to do business 
with the United States Atomic Energy Commis- 
sion is now available from the Superintendent of 
Dociunents, the AEC announced today. 

The booklet is entitled U.S. Atomic Energy 
Co-mmission Contracting and Purchasing Offices 
and Types of Commodities Purchased. It has 
been prepared to assist businesses interested in 
selling products used in the national atomic energy 
program. It is designed particularly for the 
guidance of small business concerns. 

Ocfofaer 24, 1949 



Legislation 

Report of Activities of the National Advisory Council on 
International Monetary and Financial Problems. Message 
from the President of the United States transmitting a 
report of the National Advisory Council on International 
Monetary and Financial problems covering its operations 
from AprU 1, 1948, to September 30, 1948. H. Doc. 120, 
Slst Cong., 1st sess. vil, 68 pp. 

The Strategy and Tactics of World Communism. Com- 
mittee on Foreign Affairs. Report of Subcommittee No. 5, 
National and International Movements, Hon. Frances P. 
Bolton, Chairman, Eightieth Congress. Supplement III, 
Country Studies. A. The Coup D'etat in Prague. H. Doc. 
154, Part 1, Slst Cong., 1st sess. v, 27 pp. 

639 



National Security Page 

Mutual Defense Assistance Act of 1949: 

President Truman Signs Act 603 

Full Appropriations Asked 603 

Text of the Act 604 

The United Nations and 
Specialized Agencies 

The Hole of the "Little Assembly" in Promoting 
International Political Cooperation. State- 
ment by Ambassador Warren R. Austin . 612 

Revocation of Executive Orders on Interna- 
tional Organizations 616 

Debate on Human Rights — Freedom Can Unite 

Us. Statement by Benjamin V. Cohen . 617 

Enumeration and Verification of Atomic Weap- 
ons. Statement by Ambassador Warren 
R. Austin 624 

The Position of Korea in International Affairs 

Today. Statement by Charles Fahy . . 625 

The United States in the United Nations . . . 627 

Senate Confirms Nominations of U.N. Repre- 
sentatives 629 

General Policy 

Satellite Protests Against Bonn Government 
Echo Soviet Views. Statement by Secre- 
tary Acheson 634 

East German Government Established Through 

Soviet Fiat 634 

President Truman Welcomes Prime Minister 

Nehru 635 

U.S.S.R. Asked To Assist in Finding Location of 

U.S. Merchant Vessel 636 

Chinese National Anniversary Celebrated . . 636 

International information and 
Cultural Affairs 

Our I'^ducational and Ideological Task in To- 
day's World. By Margaret Hicks Wil- 
liams 609 

Greek Writer Receives First Grant Under 

Smith-Mundt Act 636 



Economic Affairs Page 

The Stake of Business in American Foreign 
Policy. By Deputy Under Secretary 
Rusk 630 

Period for Applying for Import License for 

French Morocco Extended 634 

International Organizations 
and Conferences 

U.S. Delegations: 

U.K., U.S., Canada. To Review Declassifica- 
tion Guide on Atomic Energy Informa- 
tion 628 

Ecafe: Fifth Session 628 

General Assembly of International Criminal 
Police Commission 629 

Occupation Matters 

Organization Chart of Office of L^.S. High Com- 
missioner 620 

Dismantling in Germany Handled by Govern- 
ments. Statement by John J. McCloy . . 635 
Elections in Austria Show Political Maturity . 635 
Release of Earmarked Gold in Japan; 

Directive to the Supreme Commander for the 

Allied Powers 637 

U.S. Presents Memorandum to Fec .... 637 

The Department 

Department Leases "Prospect House" .... 639 

Appointment of Officers 639 

Confirmations 639 

The Foreign Service 

Confirmations 639 

Resignations 639 

The Congress 

Legislation 639 

Publications 

Atomic Energy Booklet for Businessmen 

Released 639 



U. S COVERNMENT PRINTING 0FFICEi194t 



^Ae/ zl)ehiM^t77teni/ ^cJ t/tat& 




WORKING IN THE U.N.— A CHALLENGE TO BETTER 

HUIMAN RELATIONS • Address by President Truman . 643 

PROBLEMS IN AMERICAN FOREIGN POLICY e 

Address by Secretary Acheson 668 

THE UNITED NATIONS AND AMERICAN SECURITY • 

By Deputy Under Secretary Rush 652 

THE DEPARTMENT OF STATE: A REFLECTION OF 

U.S. LEADERSHIP » By Under Secretary Peurifoy . . 671 

WHAT DOES INTERNATIONAL STANDARDIZATION 
MEAN TO THE UNITED STATES? • By Joseph A. 

Greenwald 646 



For complete contents see back cover 




Vol. XXI, No. 539 
October 31, 1949 




«*. S. SUPERINTENDENT OF DOCUMCHrV 



NOV 10 la49 




^.a/.*.,y^.. bulletin 



Vol. XXI, No. 539 • Piiblication 3661 
October 31, 1949 



For sale by the Supertntcndent of Documents 

U.S. Government PrIntlDB Office 

WashlDRton 26, D.C. 

Peice: 

C2 Issues, domestic $6, foreign $8.60 

Single copy, 20 cents 

The printing of this publication has 
been approved by the Director of the 
Bureau of the Budget (February 18, 
1940). 

/Vote; Contents of this publication are not 
copyrighted and Items contained herein may 
be reprinted. Citation of the Depabtuent 
0? Stati BOLLKTiN 83 the souTca will bo 
appreciated. 



The Department of State BULLETIN, 
a weekly publication compiled and 
edited in the Division of Publications, 
Office of Public Affairs, provides the 
public and interested agencies of 
the Government with information on 
developments in the field of foreign 
relations and on the work of the De- 
partment of State and the Foreign 
Service. The BULLETIN includes 
press releases on foreign policy issued 
by the VThite House and the Depart- 
ment, and statements and addresses 
made by the President and by the 
Secretary of State and other officers 
of the Department, as tcell as special 
articles on various phases of inter- 
national affairs and the functions of 
the Department. Information is in- 
cluded concerning treaties and in- 
ternational agreements to tchich the 
United States is or may become a 
party and treaties of general inter- 
national interest. 

Publications of the Department, as 
well as legislative material in the field 
of interna tioTutl relations, are listed 
currently. 



WORKING IN THE U.N.— A CHALLENGE 
TO BETTER HUMAN RELATIONS 



Address hy President Trv-man ^ 



PRESIDENT ROMUIX), Me. Lie, DlSXINGtTISHED 
Representatives, and Fellow Guests : We 
have come together to lay the cornerstone of 
the permanent headquarters of the United Na- 
tions. These are the most important buildings in 
the world, for they are the center of man's hope for 
peace and a better life. This is the place where the 
nations of the world will work together to make 
that hope a reality. 

This occasion is a source of special pride to the 
people of the United States. We are deeply con- 
scious of the honor of having the permanent head- 
quarters of the United Nations in this country. At 
the same time, we know how important it is that 
the people of other nations should come to know 
at first hand the work of this world organization. 
We consider it aiDpropriate, therefore, that the 
United Nations should hold meetings from time to 
time in other countries when that can be done. For 
the United Nations must draw its inspiration from 
tlie people of every land ; it must be truly repre- 
sentative of and responsive to the peoples of the 
world wliom it was created to serve. 

Significance of U.N. Day 

This ceremony marks a new stage in the growth 
of the United Nations. It is fitting that it should 
take place on United Nations Day, the fourth an- 
niversary of the day the Charter entered into 
effect. During the four years of its existence, this 

' Made on the occasion of the laying of the cornerstone 
of the Secretariat Building of the permanent United 
Nations Headquarters in New York City on Oct. 24, 1949, 
and released to the press by the White House on the same 
date. 

Ocfofaer 31, 7949 



organization has become a powerful force for pro- 
moting peace and friendship among the peoples of 
the world. The construction of this new head- 
quarters is tangible proof of the steadfast faith of 
the members in the vitality and strength of the 
organization, and of our determination that it 
shall become more and more effective in the years 
ahead. 

The Cliarter embodies the hopes and ideals of 
men everywhere. Hopes and ideals are not static. 
They are dynamic, and they give life and vigor to 
the United Nations. We look forward to a con- 
tinuing growth and evolution of the organization 
to meet the changing needs of the world's peoples. 
We hope that eventually every nation on earth will 
be a fully qualified and loyal member. 

We who are close to the United Nations some- 
times forget that it is more than the procedures, 
the councils, and the debates, through which it 
operates. We tend to overlook the fact that the 
organization is the living embodiment of the prin- 
ciples of the Charter — the renunciation of aggres- 
sion and the joint determination to build a better 
life. 

But if we overlook this fact, we will fail to real- 
ize the strength and power of the United Nations. 
We will fail to understand the true nature of this 
new force that has been created in the affairs of our 
time. 

A World Compact 

The United Nations is essentially an expression 
of the moral nature of man's aspirations. The 
Charter clearly shows our determination that in- 
ternational problems must be settled on a basis 
acceptable to the conscience of mankind. 

643 



Because the United Nations is the dynamic ex- 
pression of wliat all the peoples of the world desire, 
because it sets up a staiuhuxl of right and justice 
for all nations, it is greater than any of its mem- 
bers. The compact that underlies the United Na- 
tions cannot be ignoi'ed — and it cannot be in- 
fringed or dissolved. 

We in the United States, in the course of our 
own history, have learned what it means to set up 
an organization to give expression to the common 
desire for peace and unity. Our Constitution ex- 
pressed the will of the j^eople that there should be 
a United States. And through toil and struggle 
the people made their will prevail. 

In the same way, I think, the Charter and the 
organization served by these buildings express the 
will of the people of the world that there shall be a 
United Nations. 

This does not mean tliat all the member coun- 
tries are of one mind on all issues. The contro- 
versies which divide us go very deep. We should 
undei-stand that these buildings are not a monu- 
ment to the unanimous agreement of nations on all 
things. But they signify one new and important 
fact. They signify that the peoples of the world 
are of one mind in their determination to solve 
their common problems by working together. 

Social and Economic Forces 

Our success in the United Nations will be meas- 
ured not only in terms of our ability to meet and 
master political controversies. We have learned 
that political controversies grow out of social and 
economic problems. If the people of the world are 
to live together in peace, we must work together to 
establish the conditions that will provide a firm 
foundation for peace. 

For this reason, our success will also be meas- 
ured by the extent to which the right of individual 
human beings are realized. And it will be meas- 
ured by the extent of our economic and social 
progress. 

These fundamental facts are recognized both in 
the language of the Charter and in the activities 
in which the United Nations has been engaged 
during the past four years. The Charter plainly 
makes respect for human rights by nations a mat- 
ter of international concern. The member na- 
tions have learned from bitter experience that re- 
gard for human rights is indispensable to political, 
economic, and social progress. They have learned 
that disregard of human rights is the beginning 



of tyranny and, too often, the beginning of war. 

For these reasons, the United Nations has de- 
voted much of its time to fostering respect for 
human rights. The General Assembly has adopted 
the Universal Declaration of Human Rights and 
the Convention on Genocide. Other important 
measures in this field are under study. 

I am confident that this great work will go 
steadily forward. The preparation of a Covenant 
on Human Rights by the Human Rights Commis- I 
sion is a task with which the United States is deeply 
concerned. We believe strongly that the attain- 
ment of basic civil and political rights for men and 
women everywhere — without regard to race, lan- 
guage, or religion — is essential to the peace we are 
seeking. We hope that the Covenant on Human 
Riglits will contain effective provisions regarding 
freedom of information. The minds of men must 
be free from artificial and arbitrary restraints in 
order that they may seek the truth and apply their 
intelligence to the making of a better world. 

Another field in which the United Nations is 
undertaking to build the foundations of a peaceful 
world is that of economic development. Today, at 
least half of mankind lives in dire poverty. Hun- 
dreds of millions of men, Avomen, and children lack 
adequate food, clothing, and shelter. We cannot 
achieve permanent peace and prosperity in the 
Morld until the standard of living in underde- 
veloped areas is raised. 

It is for this reason that I have urged the launch- 
ing of a vigorous and concerted effort to apply 
modern technology and capital investment to im- 
prove the lot of these peoples. These areas need a 
large expansion of investment and trade. In order 
for this to take place, they also need the applica- 
tion of scientific knowledge and technical skills to 
their basic problems — producing more food, im- 
proving health and sanitation, making use of their 
natural resources, and educating their people. 

To meet these needs, the United Nations and its 
agencies are preparing a detailed program for 
technical assistance to underdeveloped areas. 

The Economic and Social Council last summer 
defined the basic principles which should under- 
lie this program. The General Assembly is now 
completing and perfecting the initial plans. The 
fact that the Economic Committee of the Assembly 
voted unanimously for the resolution on technical 
assistance shows that this is a common cause which 
commands united support. Although differences 
may arise over details of the program, I fervently 



644 



Departmenf of State Bulletin 



hope that the members of the United Nations will 
remain unanimous in their determination to raise 
the standards of living of the less fortunate mem- 
bers of the human family. 

Tlie United States intends to play its full part in 
this great enterprise. We are already carrying on 
a number of activities in this field. I shall urge the 
Congress, when it reconvenes in January, to give 
high priority to proposals which will make possi- 
ble additional technical assistance and capital 
investment. 

Majority Atomic Energy Plan 

I should like to speak of one other problem which 
is of major concern to the United Nations. That is 
the control of atomic energy. 

Ever since the first atomic weapon was de- 
veloped, a major objective of United States policy 
has been a system of international control of 
atomic energy that would assure effective prohibi- 
tion of atomic weapons, and at the same time would 
promote the peaceful use of atomic energy by all 
nations. 

In November 1945, Prime Minister Attlee of 
the United Kingdom, Prime Minister King of 
Canada, and I agreed that the problem of inter- 
national control of atomic energy should be re- 
ferred to the United Nations. The establishment 
of the United Nations Atomic Energy Commis- 
sion was one of the first acts of the first session of 
the General Assembly. 

That Commission worked for three years on the 
problem. It developed a plan of control which re- 
flected valuable contributions by almost every 
country represented on the Commission. This 
plan of control was overwhelmingly approved by 
the General Assembly on November 4, 1948. 

This is a good plan. It is a plan that can work, 
and more important, it is a plan that can be effec- 
tive in accomplishing its purpose. It is the only 
plan so far developed that would meet the techni- 
cal requirements of control, that would make pro- 
hibition of atomic weapons effective, and at the 
same time promote the peaceful development of 
atomic energy on a cooperative basis. 

We support this plan and will continue to sup- 
port it unless and until a better and more effective 
plan is put forward. To assure that atomic energy 
will be devoted to man's welfare and not to his 
destruction is a continuing challenge to all nations 



and all peoples. The United States is now, and 
will remain, ready to do its full share in meeting 



this challenge. 



Goals in Human Relations 

Respect for human rights, promotion of eco- 
nomic development, and a system for control of 
weapons are requisites to the kind of world we 
seek. We cannot solve these problems overnight, 
but we must keep everlastingly working at them 
in order to reach our goal. 

No single nation can always have its own way, 
for these are human problems, and the solution of 
human problems is to be found in negotiation and 
mutual adjustment. 

The challenge of the twentieth century is the 
challenge of human relations, and not of imper- 
sonal natural forces. The real dangers confront- 
ing us today have their origins in outmoded habits 
of thought, in the inertia of human nature, and in 
preoccupation with supposed national interests to 
the detriment of the common good. 

As members of the United Nations, we are con- 
vinced that patience, the spirit of reasonableness, 
and hard work will solve the most stubborn politi- 
cal problems. We are convinced that individual 
rights and social and economic progress can be 
advanced through international cooperation. 

Our faith is in the betterment of human rela- 
tions. Our vision is of a better world in which men 
and nations can live together, respecting one an- 
other's rights and cooperating in building a better 
life for all. Our efforts are made in the belief that 
men and nations can cooperate, that there are no 
international problems which men of good will 
cannot solve or adjust. 

Mr. President, Mr. Lie, the laying of this comer- 
stone is an act of faith— our unshakable faith that 
the United Nations will succeed in accomplishing 
the great tasks for which it was created. 

But "faith without works is dead." We must 
make our devotion to the ideals of the Charter as 
strong as the steel in this building. We must pur- 
sue the objectives of the Charter with resolution as 
firm as the rock on which this building rests. We 
must conduct our affairs foursquare with the 
Charter, in terms as true as this cornerstone. 

If we do these things, the United Nations will 
endure and will bring the blessings of peace and 
well-being to mankind. 



Oc/ofaer 31, 1949 



645 



WHAT DOES INTERNATIONAL STANDARDIZATION 
MEAN TO THE UNITED STATES? 



hy Joseph A. Greenwcdd^ 



The best way to explain what international 
standardization means to the United States is to 
describe our economic foreign policy and how in- 
ternational standardization can contribute to that 
policy. 

After two world wars and a number of world 
depressions, we realize that neither political nor 
economic isolationism is possible for the United 
States. The United States must recognize its eco- 
nomic leadership and must be prepared to do its 
part in reestablishing sound economic conditions 
throughout the world. At the American Legion 
Convention this year the President said, "World 
prosperity is necessary to world peace. Further- 
more, world prosperity is necessary to our own 
prosperity in the United States." Our foreign 
economic policy will promote our national pros- 
perity in the long run through the restoration of 
the economy of Europe and other war-devastated 
areas and through the revival of world trade. It 
will also result in many direct and immediate 
political and economic benefits. We are deter- 
mined to avoid the dangerous and self-defeating 
policies of economic nationalism. 

Economic Objectives 

By greatly oversimplifying it, our economic 
foreign policy can be reduced to two objectives: 
(1) increasing world production and (2) reducing 
barriers to trade. To achieve these objectives, the 
United States has taken the lead in building the 
United Nations and its specialized agencies, par- 

' An address delivered at the annual meeting of the 
American Standard Association in New Yorls, N. Y., on Oct. 
i:{, 1949. 



646 



ticularly the International Bank, the International 
Monetary Fund, and the proposed International 
Trade Organization. The United States also ini- 
tiated action to reduce tariffs reciprocally through 
the General Agreement on Tariffs and Trade and 
to help put Europe on its feet through the Euro- 
pean Recovery Program. The proposed technical 
assistance program for underdeveloped areas, 
based on Point 4 of the President's inaugural ad- 
dress, is designed to promote a progressive rise in 
standards of living throughout the world, which 
is our best insurance of a peaceful future. 

It is felt that our ultimate foreign policy ob- 
jectives can be achieved by promoting the free flow 
of goods across national borders in ever increasing 
quantities. The economic destruction and disloca- 
tion resulting from the war makes it necessary to 
take certain steps toward restoring the produc- 
tive capacity of our friendly neighbors along with 
our efforts to reduce barriers to trade. In the un- 
derdeveloped areas, we must help the people learn 
modern agricultural and industrial methods to en- 
able them to make an increased contribution to an 
expanding world economj- and a balanced world 
trade. Thus the European Recovery Program and 
the proposed Point 4 program are essential parts 
of our economic foreign policy. It is obviously 
impossible to carry on trade which implies an ex- 
change of goods when one of the parties has most 
of the goods. Consequently, we must assist other 
nations in increasing their production. As these 
programs become successful and as foreign goods 
compete with ours, the benefits of these programs 
to the United States may appear obscure. We 
may even be accused of "cutting our own throats." 

Department of State Bulletin 



Justification of the Aid Programs 

In justification of these programs, it has been 
pointed out tlaat we are dependent upon foreign 
countries for many vital minerals and other raw 
materials. It is stated that without foreign trade, 
many of our industries would suffer. It is also 
argued that we need to sell many things abroad ; 
that we must have foreign markets for our cot- 
ton, wheat, and tobacco ; and that our prosperity 
would be seriously damaged if the export of our 
products were cut off. To these arguments should 
be added one based on the traditional principles 
of a free enterprise economy. Rather than think- 
ing of our programs for increasing production 
abi-oad as something which will viltimately result 
in competition for United States producers, it 
should be remembered that human wishes and de- 
sires are infinite. Advertising, moreover, is con- 
stantly creating new desires. It should be possible, 
tlieref ore, to have a continuously expanding world 
trade. 

The need for thinking in terms of the indefinite 
expandability of consumers' wishes cannot be em- 
phasized too strongly. The American system of 
free competitive enterprise is not based upon 
the theory of the mature or contracting economy. 
One can be optimistic enough to believe that when 
the wartime backlog of demand for durable goods 
has been exhausted, American industry, operating 
under a profit motive, will not rely upon the re- 
placement demand, but will develop new products 
which American and foreign consumers will pur- 
chase. In many cases these new products will be 
improvements on old ideas, such as ball point pens. 
In other cases, the innovation may be something 
like the automobile, which will in turn start off a 
tremendous chain of allied products and indus- 
tries. The future expansion of trade and pro- 
duction will very likely be in the area of many of 
the products and devices now used by Buck Rogers. 
Raising jjroduction and standards of living in 
iniderdeveloped areas will introduce the people in 
these areas to new products and give them the ef- 
fective purchasing power with which to buy them. 

Reduction of Trade Barriers 

In encouraging the reduction of barriers to 
international trade, the United States is found- 
ing its policy upon the basic philosophy which 
has enabled it to achieve the greatest level of pro- 
duction in history. We are convinced that a sys- 
tem of free competitive enterprise is the best way 
of promoting the general welfare of people 

Ocfober 37, J 949 



throughout the world and preserving to them the 
benefits of democracy. Under this system the 
decisions regarding what is to be produced are 
made by the impartial forces of the market. The 
freedom derived from this system could be called 
the "freedom of choice" — a freedom characterized 
by the democratic process of "one dollar — one 
vote." Tlie benefits of specialization are lost when 
artificial barriers, whether private or govern- 
mental, distort the production pattern which would 
be established in a free competitive system. Fur- 
thermore, where these barriers limit production or 
trade, the decisions are taken out of the hands of 
the voter or consumer with dollars, and his freedom 
of choice is restricted. 

Competition and Standardization in Trade ^ 

The postwar trend has been away from free 
enterprise and free trade. Competition is gener- 
ally considered something which came and went 
with Adam Smith. But 23 nations adhered to 
the General Agreement on Tariffs and Trade, 
which provides a mechanism for reducing gov- 
ernmental barriers to trade, and a number of Eu- 
ropean countries have begun to investigate the 
effect of private I'estrictive business practices and 
cartels upon national productivity. International 
standardization can help in restoring some degree 
of competition in international trade. 

Aid of Standardization to American Business 

In implementing United States foreign economic 
policy through international standardization, the 
benefits will accrue not only on the rather idealistic 
level of promoting world peace and prosperity, 
but also on the dollar-and-cents level of increasing 
American foreign trade. For example, the well- 
known case of the international unification of 
sound track location on 16 mm. sound film has 
made it possible for the American motion picture 
industry to sell its products abroad. In this case 
the benefits were equally important in the field of 
ideas, because we have been able, through Ameri- 
can motion pictures, to present our way of life in 
every corner of the earth. The adoption of dif- 
ferent television standards in various countries 
may impede the flow of ideas through this new 
medium as well as impede the sale of television sets 
across national borders. And different electrical 
voltages and cycles continue to make use of Ameri- 
can electrical appliances abroad difficult. 

647 



standardization Techniques 
In World Production 

With respect to our foreign economic policy ob- 
jective of increasing world production, the report 
of the second session of tlie Anglo-American Coun- 
cil on Productivity is significant. It is the view 
of the Council that low cost production and high 
productivity can be obtained only by utilizing 
standardization, specialization, and simplification 
procedures and methods. The adoption of stan- 
dardization techniques would be a great factor in 
reestablishing the European economy on a self- 
supporting basis. In connection with the Tech- 
nical Assistance Program for underdeveloped 
areas, standardization is equally important, but 
the emphasis is different. In providing assistance 
to these countries, attention will be directed pri- 
marily toward the basic problems of agriculture, 
public health, and resource development. Here 
the question of inspection and grading is impor- 
tant in the development of markets. For example, 
Liberia produces palm oil which is an essential 
strategic material used in the production of steel. 
The United States steel industry, however, finds 
palm oil from Liberia unsatisfactory because of its 
low quality. Thus there is a need for inspection 
and grading procedures in Liberia which we hope 
will bring up the quality of Liborian palm oil. 
Our economic mission in Liberia is assisting the 
Liberian Government in establishing a grading 
and inspection service. A more basic requirement 
in many of the underdeveloped countries is the 
establishment of uniform standards of weight and 
measurement. It is hoped that these standardiza- 
tion techniques will be part of the American 
know-how which we will transmit to the indus- 
trially backward countries of the world. 

International Standards and International Trade 

International standardization can play an even 
more important role in achieving our objective of 
reducing barriers to and smoothing the flow of in- 
ternational trade. The lack of international stand- 
ards often results in the exclusion of certain goods 
from a particular market where the national stand- 
ards of the consuming country differ from the 
standards or practice in the producing country. 
This situation is most undesirable where the na- 
tional standards are made compulsory by the gov- 
ernment of that country. A current example of 
this type of situation is the problem met by Ameri- 



can automobile manufacturers in marketing cars 
with sealed beam headlights in Europe and, con- 
versely, the difficulty encountered by British auto- 
mobile manufacturers attempting to sell in certain 
states in the United States. Standards can also 
be used to obstruct international trade when they 
are adopted by organizations and private manu- 
facturers to exclude the products of other manu- 
facturers from a certain area. However, I am 
sure that these cases are not very numerous and 
they constitute abuses of standardization and its 
principles. 

Effect of Standardization on 
Sales of American Products 

On the other hand, effective international stand- 
ardization can open up wider markets for Ameri- 
can products. By the adoption of dimensional 
standards the problem of replacement parts and 
the use of allied products will no longer act as a 
deterrent to foreign purchasing. Inspection and 
certification procedures will instill confidence on 
the part of foreign buyers and encourage sales 
in new markets. The adoption of international 
standards of quality and standards of fitness for 
purpose or performance will also serve to make 
it easier to sell goods in international trade. 
Standardization also enables the buyer and seller 
to speak the same language. It promotes fairness 
in competition and puts tenders on a comparable 
basis in international trade. In the field of scien- 
tific and technological research, standardization is 
also important in connection with libraries, docu- 
mentation, and the adoption of uniform terms, 
definitions, and symbols. Standard methods of 
sampling and testing are important for research 
as well as trade. 

Since international standardization is almost in 
the same category as virtue, that is, most people 
are in favor of it, it should not be necessary to 
exhort people to participate in international stand- 
ardization projects. However, like virtue, every- 
one agrees that it is a good thing, especially for 
their neighbors, but not everyone takes positive 
steps to do something about it. In pointing out 
the advantages that will flow from achieving the 
objectives of our economic foreign policy and in 
indicating the role of international standarization 
in implementing that policy, the desirability of 
taking active steps to achieve international stand- 
ardization should be clear. 



648 



Department of State Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



U.S. Urges System of Verification in Control of Internationa! Armaments 



Statement by Ambassador Warren B. Atistin ^ 



There is a grave responsibility on all of us as 
members of this Council to guard against deluding 
the peoples of the world by our discussions here 
on the subject of disarmament. It is not so impor- 
tant to find who is at fault, as it is to correct mis- 
understanding. 

Disarmament is not an easy business or a simple 
business. It is a cruelty and a fraud to make it 
appear that it is. 

Anyone who is thinking scientifically about dis- 
armament knows that it is wholly impossible of 
achievement unless it is approached gradually and 
on a basis of orderly and systematic evolution. 

We have heard much involved discussion about 
the necessity of developing conditions of world 
confidence before disarming and, conversely, dis- 
arming in order to engender conditions of world 
confidence. Actually the problem is not as circu- 
lar as it may seem. It is rather the problem of the 
infant who must learn to crawl before he can walk 
and leap. It is playing fast and loose with the 
hopes and aspirations of men to make them think 
that by some magic we can transform ourselves 
instantly from knights to bishops. 

Our Soviet colleagues profess a great impatience 
about this matter of disarmament. They have 
charged over and over again that the separation 
of atomic weapons from all other weapons for sep- 
arate treatment in the Atomic Energy Commission 
and the Conventional Armaments Commission was 
deliberately planned and engineered to bring about 
a blockage against progress in both fields. They 
have proposed an across-the-board disarmament 
of one-third of the armaments and armed forces of 
the five permanent members of the Security Coun- 
cil without any indication of how such a hit-and- 
miss scheme would be accomplished and with 

October 31, 7949 



almost complete indifference as to the necessity of 
obtaining authentic and verified data concerning 
the armaments and armed forces to be thus arbi- 
trarily divided. They have scoffed at the French 
census and verification proposals which we have 
now before us as an idle divertissement from the 
real task of immediate and effective disarmament.^ 

But how can these things all be accomplished at 
once? Have the Soviets some magic formula by 
which they can do many things at one and the 
same time ? If so, they have certainly kept it com- 
pletely to themselves if they are to be judged on 
the record of their performances in the Atomic 
Energy Commission and in the Commission for 
Conventional Armaments. 

Let us consider for a moment the objection which 
they have made the core of all of their arguments 
in the Commission for Conventional Armaments — 
the separation of the field of atomic energy and 
atomic weapons for consideration by the Atomic 
Energy Commission from the field of conventional 
armaments and armed forces which was turned 



' Made before the Security Council on Oct. 14, 1949, and 
released to the press by the U. S. Mission to the United 
Nations on the same date. 

'The test of the French resolution of Oct. 14 (S/1408/ 
rev. 1) states : 

"The Security Council recognizes as an essential part 
of any effective system of disarmament the submission by 
states of full information on conventional armaments and 
armed forces together with adequate procedures for com- 
plete verification of such information. 

"As regards the principle of submitting information on 
atomic weapons, the Council recalls that the submission of 
full information on atomic material and facilities, includ- 
ing atomic weapons, is an integral part of the United Na- 
tions plan of control and prohibition approved by the Gen- 
eral Assembly on November 4. 194S, to ensure the use of 
atomic energy only for peaceful purposes and to ensure 
effective prohibition of atomic weapons." 

649 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



over to the Commission for Conventional Arma- 
ments. How would it liavo been possible for one 
and the same body at one and the same time to have 
considered top;ether the widely dissimilar problems 
of these two fields? Surely there can be no ques- 
tion but what the assignment of these two phases of 
the total disarmament problem to one commission 
would have required a division of the problem into 
its two principal parts and the formation of sub- 
committees to deal with them separately. Any 
atti'mjit to deal with them together simultaneously 
would have resulted in utter confusion and would 
have left us today far short of the substantial prog- 
ress which has already been achieved in the atomic 
field and the more limited progress attained in the 
area of conventional armaments and armed forces. 

I do not say that the blocking of this progress 
was the objective toward which our Soviet col- 
leagues were striving. What I do call upon them 
to demonstrate, however, is how the work of either 
the Atomic Energy Commission or the Conven- 
tional Armaments Commission has in any way 
been hampered by the separation of the one from 
the otlier. 

This is one of the principal areas in wliich the 
peoples of the world have become thoroughly con- 
fused. They do not understand jurisdictional 
distinctions, and they are not especially interested 
in trying to understand them. But they do under- 
stand the importance of one person or one body 
trying to do only one thing at a time, and they 
do understand the importance of taking first 
things first. 

Those were the considerations which led the 
General Assembly to take up as one of the first 
items of its business in the First General Assembly 
of January 1946 the establishment of the Atomic 
Energy Commission to work out a system for the 
control of atomic energy to insure its use only for 
peaceful purposes and for the elimination of 
atomic weapons and all other weapons of mass 
destruction. That decision of the General As- 
sembly was a unanimous decision, and the proof 
of its wisdom is seen clearly in the events which 
have transpired in the nearly 4 years which have 
elapsed since it was made. 

The Soviet representatives have tried to argue 
that this division of the armaments field between 
two commissions was deliberately brought about 
simply to make it possible to jjlay the inaction of 
one commission ofi against the other. The com- 
plete refutation of this arginnent lies in the out- 
standing achievement of the Atomic Energy- 
Commission in evolving a comi)lete and effective 
plan of control of atomic energy and elimination 
of atomic weapons — a plan which has met with the 
acceptance and approval of the overwhelming ma- 
jority of the member states of the United Nations. 
This is a record of action, not inaction — a record 
which could not have been achieved had the prob- 

650 



lems of the atomic field been commingled and con- 
fused with the wjiolly diflferent problems in the 
field of conventional armaments. 

The Atomic Energy Commission had more than 
a year's head start on the Commission for Conven- 
tional Armaments. The record of its achievement 
is, therefore, a greater one. But the Conventional 
Armaments Commission has made progress of its 
own as we have witnessed here in our recent con- 
sideration of the Commission's second progress 
report and as we are now witnessing further in 
our consideration of tiie French census and verifi- 
cation proijosals. Here again it is doubtful if 
even this admittedly limited progress could have 
been achieved had the two fields been merged to- 
gether for single treatment. 

We have recognized from the very beginning 
that the two fields are intimately related to each 
other — that they are two parts or phases of the 
single over-all problem of disarmament. But we 
have insisted that the only way in which any 
orderly progress could be achieved was to deal 
with the quite different problems of the two fields 
in parallel fashion rather than in the complex 
mixture the Soviet has been contending for. 

I wish to emphasize that the problem of the 
control of atomic energy and the prohibition of 
atomic weapons is of an entirely different nature 
from the problem of the regulation and reduction 
of conventional armaments. Atomic energy poses 
a new and unique problem to the world. The nu- 
clear fuels tised or produced in atomic energy 
plants are the same nuclear explosives used in 
atomic weapons. Their conversion from one to 
the other could take place rapidly and without 
warning. Therefore, controls over such plants 
must be of an entirely different nature, which are 
neither necessary nor desirable in the field of con- 
ventional armaments. 

The dispute is not one of technical niceties. It 
is one based on considerations of common sense and 
common ex])erience. It is simply a matter of 
taking one thing at a time in order to get some- 
thing done. In their efforts to make out of it some 
sinister plot by the majority, the Soviet repre- 
sentatives have been trying to muddy the waters 
so that they will fail to reflect clearly the true 
Soviet countenance, which is one of complete op- 
position to any real plan of effective disarmament. 

The same attitude has been evidenced by the 
Soviet in advancing their one-third disarma- 
ment proposal and in their opposition to the cen- 
sus and verification proposals presently pending 
before us. They charge that these latter proposals 
have been brought up as a diversion and distrac- 
tion from the real business of disarmament. They 
would impatiently brush them aside as an irrel- 
evance. 

lint you can not disarm first and then agree on a 
plan of disarmament. That is what they would 
have us do. They might as well suggest that 
we build a house and then hire an architect to 
draw up the plans for the house. 

Department of State Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



To be well-built, the house of disarmament must 
be built carefully according to well thought-out 
plans and firmly on sti'ong foundations. We do 
no service to the world or to ourselves to rush into 
haphazard constructions without plans of validity 
and materials of tested strength. 

For lionest and effective disarmament in the 
field of atomic energy and atomic weapons we have 
a well-considered plan— tlie plan approved by the 
overwlielming majority of the United Nations at 
the Third General Assembly last fall. It is to 
this plan that we direct the attention of all who 
would seek an answer to the baseless charge of the 
Soviet representative in his statement here a few 
days ago when he asserted that "the leading circles 
of the United States of America have bent all ef- 
forts to prevent the prohibition of the atomic 
weapons from being adopted and to exclude the 
collection of information on this weapon." 

Similarly, in the field of conventional arma- 
ments and armed forces, the census and verifica- 
tion proposals advanced by the French and ap- 
proved by the Commission for Conventional Ar- 
maments represent an honest and effective step in 
the direction of the development of a plan for dis- 
armament comparable to that which has already 
been developed for the atomic field. They are, it 
is true, a long way from an actual plan of dis- 
arnuiment and they are not put forward, as the 
Soviet representative has charged, as any substi- 
tute for such a plan. But they are a beginning 
and an honest beginning, and anyone who is sin- 
cerely in favor of disarmament can not help but 
support them. 

In its avowed eagerness to get ahead rapidly 
with the business of disarmament how can the 
Soviet oppose them ? Can it be because they pro- 
vide for a tight and effective system of verifica- 
tion which will insure accurate results; a system 
of verification which has been significantly absent 
from every single proposal advanced by the Soviet, 
including its most recent pi'oposal advanced here 
at the conclusion of our last meeting ? 

The United States Government has supported 
the French census and verification proposals in 
the Commission for Conventional Armaments, 



and it is supporting them here in the Security 
Council, precisely because after careful and pro- 
longed study they have been found to be con- 
structive proposals, constituting a bona fide re- 
sponse to the request of the General Assembly in 
its resolution of November 19, 1948. The United 
States recognizes what these proposals entail in 
the system of inspection and checl^ing for which 
they "provide. We are willing to submit ourselves 
to such a system of inspection and checking. We 
do not feel sensitive about it or regard that its 
being called for is any reflection upon our integ- 
rity or our sovereignty. 

if the Soviet's impatience with the slowness of 
progress toward disarmament is genuine, there is 
an obvious means by which it can insure that the 
process is speeded up. Let them accept these 
census and verification proposals as a first step 
and then let us together go forward with the busi- 
ness laid out for the Commission for Conventional 
Armaments. We are ready to go forward just as 
swiftly as they, provided we are traveling to- 
gether on a road that leads to disarmament. But 
we refuse to set out upon a blind alley with them. 

We of the United Nations are indebted to the 
French for their careful painstaking work in blaz- 
ing the beginning of a trail with their census and 
verification ^jroposals. We are further indebted 
to them for ilhuninating the trail for us by the 
draft resolution which they have just introduced 
to meet the glaring inadequacies of the resolution 
put forward by the Soviet representative last 
Tuesday. 

In conclusion, I would like to reiterate the ne- 
cessity of keeping the peoples of the world clear 
as to what is going on in the work of the United 
Nations toward disarmament. They cannot be 
reminded too often that there is no quick and easy 
short cut to disarmament. They must not be de- 
luded by those who would make it appear that 
there is such a way. 

Wliat a vast relief it would be if we in the 
United Nations could make possible some re- 
duction in the heavy expenditures for armaments 
necessary for world security. 

Tlie census and vei'ification proposals would ad- 
vance us toward that objective. The United States 
Government will support these proposals as con- 
tained in the draft resolution submitted by the 
distinguished representative of France, 



October 31, J949 



651 



The United Nations and American Security 



hy Deputy Under Secretary Rusk '' 



It is particularly fitting that the Department of 
State bring back to tlie birthplace of the United 
Nations a report on some of its accomplishments 
and some of its tribulations. It can be only a par- 
tial account. The United Nations has long since 
outrun the possibilities of a single speech, article 
or report, a single motion picture or book. 
Therein lies a major problem. If the United Na- 
tions is to accomplish what is expected of it under 
the Charter, it must be strongly supported by the 
peoples of its member states. i3ut if people are to 
support it, they must know about it and under- 
stand its work. But we have learned that the day- 
to-day constructive work of thousands of United 
Nations men and women around the world is not 
news, commands no headlines, attracts no atten- 
tion. Peacemaking is not as dramatic as war 
making. The telling of the story of the United 
Nations is becoming increasingly essential and in- 
creasingly impossible. 

To say that the United Nations is 4 years old 
can no longer be a plea that this minor child is not 
somehow fully responsible for its performance. 
The United Nations is a public institution whose 
organization is now substantially complete; it 
must justify its existence and its claim to our loy- 
alties and resources in the same way as must otlior 
institutions — by performance — by efficient, eifoc- 
tive, and productive performance. Its friends do 
it no service in pretending that its youth is an 
alibi. 

I liave elected to speak here in San Francisco 
on "The United Nations and American Security." 
I did so because I felt that in this city which has 
a special relationship to the United Nations, it 
would be proi^er to tr}' to get at the heart of the 
matter and to assess this world organization 
against its severest test. The United Nations will 
stand or fall as it is able to maintain the 
peace. The organization arose out of a world- 

'An address dolivered before the Cnnirannwealth Club 
of Cnliforiihi on llu' oornsion of I'liitod Nations Week in 
San Francisco, Calif, on Oct. 21, 1949, and released to the 
press on the same date. 

652 



wide coalition against Axis aggression. The main- 
tenance of international peace and security is the 
dominant theme of the Charter. With jwace, the 
governments and jjeoples of the United Nations 
will at least have a chance to get on with the eco- 
nomic, social, humanitarian, and legal objectives 
outlined in the Charter, objectives which are both 
important in themselves and aimed at removing 
some of the basic causes of war. If a major war 
breaks out, the United Nations will be shaken to its 
foundations and its very existence comes into ques- 
tion. The United Nations must fact the fact that 
it must preserve the peace — or else. But here we 
discover that we are saying no more than that the 
United Nations must face the major test which 
confronts the human race itself. We must preserve 
the peace — or else. 

Obligations of Membership 

Before we turn to the work of the United Na- 
tions in the security field, we should note that it 
is an organization which has little existence beyond 
its member governments. Decisions are made by 
members. Its resolutions are carried out, if they 
are carried out, by its members. The action which 
might be taken by the Security Council or b}- the 
Assembly in any given situation depends upon the 
willingness of the members to take action. I do 
not believe that there is a single case where the 
Charter has prevented the Ignited Nations from 
taking the action necessary to maintain the peace. 
The Charter has allowed all that its members have 
been willing to do. There is unlimited ilexibility 
within the Charter for further growth: we have 
not begun to occupj' the wide reaches of the Chai'- 
ter in our seai'ch for sanity in international rela- 
tions. When we speak of the United Nations, 
therefore, we are speaking of ourselves as a lead- 
ing member — and of other governments and 
peoples who make it up. If we point a finger at 
the United Nations, to credit it with success or 
charge it with failure, remember that we are also 
pointing at ourselves. 

Depar/menf of Sfo/e Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



How is the United Nations going about the busi- 
ness of preventing war ? 

Standards of Conduct 

First, it has established in the Charter a high 
standard of conduct for its members. The ringing 
phrases of the Charter are not merely an expi-es- 
sion of lofty aspiration and sentiment — they are 
obligations upon governments. Within them we 
find guides for the further advancement of tlie 
race — and with them we also find tlie minimum 
standards which must be met if we are to have 
peace. 

All Members shall settle their international disputes 
by peaceful means. 

All Members sliall refrain from the threat or use of 
force against the territorial integrity or political inde- 
pendence of any state. 

These compelling propositions apply to all, large 
and small, European or Asiatic, Communist, So- 
cialist or capitalist, free and totalitarian, power- 
ful and weak. Our primary question is : How are 
we to live at peace with each other despite our 
great differences in political organization, eco- 
nomic theoi-y, or social objectives ; how to live at 
peace despite the differences of race and religion 
or ancient animosity, despite incredible wealth and 
unbelievable poveity, despite self-conscious inde- 
pendence or the irritations of foreign rule ? The 
charter tells us : Settle your disputes by peaceful 
means and don't threaten or use force against the 
territory or the independence of others. Simple 
propositions designee! to surmount differences and 
to build a peace. 

It is interesting to note that the standards of 
the Charter are publicly acknowledged by all the 
members, without exception, as the measure of na- 
tional conduct. Members may differ sharply, may 
charge each other with the most serious offenses, 
may debate bitterly what the Charter means and 
how it should be applied to specific cases. But 
thus far, each member has sought to defend its 
case in terms of compliance with the Charter, 
however farfetched some of us may think such an 
effort becomes. No delegation has yet come for- 
ward to deal cynically in debate with the Charter 
itself, an interesting acknowledgement of the 
moral ascendancy of the Charter and its hold upon 
the minds of men throughout the world. 

Even Mr. Vyshinsky, upon aiTival in New York, 
stated : 

"The Soviet Delegation feels confident that the 
United Nations is — as the head of the Soviet Gov- 
ernment, Stalin, had said — a serious instrument 
for the maintenance of peace and international 
security. There can be no doubt tliat the General 



Assembly will be able to solve successfully the im- 
portant tasks it faces, provided that the members 
display a sincere desire to cooperate with each 
other and act in accordance with the principles of 
the United Nations Charter." 

I suggest that, despite our fear that Mr. Vy- 
shinsky didn't mean it and that the conduct of 
his government would hardly bear him out, never- 
theless it is a very good thing that he and his 
colleagues feel compelled to frame their propa- 
ganda within the concepts of the Charter. It is 
true that we have witnessed attempts to seize and 
distort our most respectable words such as "de- 
mocracy," "peace," the "will of the people."' But, 
on balance, I believe we gain ; for I do not believe 
that the Russian people can be persuaded forever 
that aggression is peace, that tyranny is democ- 
racy, that falsehood is truth, and that suppression 
is freedom. 1984 is not here yet. 

I know, from direct experience, that the stand- 
ards of the Charter make themselves felt in the 
great mass of decisions which are made daily in 
the Foreign Offices of the world's governments. 
"How does this fit the Charter?" "How will this 
look in the United Nations?" These are con- 
stantly recurring questions where decisions are 
being made on difficult matters of policy. We sus- 
pect that in those chanceries where decisions are 
taken which are clearly contrary to the Charter 
that the question arises, "How can this be made 
to look in the United Nations?" 

Insofar as the United States is concerned, the 
standards of the Charter are effective and are en- 
forced. We are committed to them as basic ele- 
ments of our policy. They are enforced by our 
people, through close inspection of our conduct, 
vigorous debate, and a persuasive expression of 
opinion both through normal political machinery 
and through the great national nongovernmental 
organizations. I can assure you, for example, that 
a clear condemnation by the Commonwealth Club 
of an act of ours in the field of foreign affairs 
would be taken as a very serious matter in the 
Department of State. 

Thus far, the members of the United Nations 
have established a good record of compliance with 
the Charter. Unfortunately, the record is not 
good enough to give us confidence that we shall 
have peace. A powerful minority, the Soviet 
Union and a small collection of satellites, has re- 
fused to accept the minimum standards required 
by the Charter. I had occasion to say in Boston 
last week, "If we are concerned about the Soviet 
Union, it is not because they wish to organize them- 
selves along Communist lines — if they wish to 
waste their energies and resources that is their 
business. But we are concerned because the Soviet 
Union is pursuing a course of Russian imperialism 
incompatible with the minimum conduct required 
by the international community of nations." 



October 31, 1949 



653 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



Settling of Disputes 

To turn to a second point, the United Nations is 
successfully settling disputes — disputes which 
have in them the seeds of war. Members have 
committed themselves to settle their disputes by 
peaceful means. The Security Council and the 
General Assembly are available to help if help is 
required. In the field of settling disputes, the 
United Nations has operated with great success, 
with flexibility, imagination, and persistence 
which have not yet been fully recognized. 

In the cases involving Iran, Syria and Lebanon, 
and Berlin, it was possible to reach something like 
a definitive settlement. In these three cases, it is 
interesting to note, one or more of the Big Five 
were involved. Other cases, such as Greece, 
Palestine, Kashmir, Indonesia, and Korea are still 
in the process of settlement. 

GREECE 

In Greece, the outlook for Greek independence 
is better than at any time since the war. Guer- 
rillas in Greece itself have been i-educed to an in- 
significant number. Incursions of guerrillas out 
of Albania have been driven back by vigorous ac- 
tion on the part of the Greek Army. Just this 
week, guerrilla forces announced that they have 
given up the fight. The border between Greece 
and Yugoslavia is rapidly being restored to nor- 
mal conditions. If the Greek case can be success- 
fully disposed of, many factors will have contrib- 
uted. Tlie reviving determination and morale of 
the Greeks themselves, the watchdog activities of 
the United Nations Balkan commissions, the spot- 
light of world public opinion focused on the situa- 
tion by the Security Council and the General As- 
sembly, the program of direct assistance to Greece 
by the United States, and the inability of the 
Kremlin to maintain its authority along the north- 
ern Greek frontier are all factors. An effort is 
now being made by the General Assembly to bring 
a final conclusion to this case. If Greece's north- 
ern neighbors are ready to put their borders with 
Greece on a normal basis and to respect the terri- 
torial integrity and political independence of 
Greece, a settlement is possible. A settlement is 
not possible at the expense of Greek freedom, 
under any formula which merely permits those 
forces who have failed to destroy Greece to reenter 
in another guise to lake up their aggression all 
over again. If a settlement comes, as I believe it 
will, the Greek case will have provided another 
instance of effective United Nations action in the 
interest of peace and the independence of its mem- 
bers. 



PALESTINE 

In Palestine, the United Nations has been con- 
654 



fronted with a problem of almost inconceivable 
complexity and difficulty. The emotions of the 
peoples concerned were deeply engaged. The de- 
mands of the parties were mutually exclusive, with 
little chance for compromise. The historical, 
moral, and legal issues were confused and incon- 
clusive. The full story will be told when the his- 
torian can have a cool and steady look at the record. 
But I believe that the story will show that the 
United Nations throughout its effort sought with 
great persistence to find a solution by peaceful 
means of a sort which would permit Jew and Arab 
to live at peace with each other in the Holy Land. 
AVar broke out, and it was ended. Palestine is 
now living under an armistice; there is no reason 
to suppose that fighting will be resumed. It may 
be a long time before governments can bring their 
peoples to accept a formal settlement but little by 
little the jjrocesses of normal life will return. 
Meanwhile, the I'nited Nations remains a channel 
of communication and an effective means whereby 
the parties can approach each other and at the same 
time present their views to world judgment. The 
immediate tasks are to find a practical way to take 
care of the hundreds of thousands of homeless 
and to resolve the peculiar complexities of the Holy 
City of Jerusalem. There are no easy answers, 
but we can expect the United Nations to assist 
the parties in solving the hard ones; in any event, 
I believe the final answer will mean peace — and 
will commend itself to fair and impartial opinion. 
There are many Arabs and Jews alive today be- 
cause of the United Nations and because of the 
unarmed, unknown, and unsung men who labored 
patiently and courageously to make peace possible 
in Palestine. 



KASHMIR 



In Kashmir, the United Nations was confronted 
by a problem arising from the partition of India 
into the independent states of India and Pakistan, 
a part of the unfinished business of that great po- 
litical event. The basic issue is the disposition 
of Kashmir. The main question, however, is inter- 
woven with a complex of religious feeling, na- 
tional prestige, legal subtleties, and economic pres- 
sures. The matter has been before the United Na- 
tions for almost 2 years. Underlying the need for 
a settlement is the tragic prospect of a renewal of 
Moslem-Hindu strife which took the lives of hun- 
dreds of thousands in 1947 at the time of the parti- 
tion. Although an effective cease-fire is now in 
effect, the shape of a political settlement is still to 
come. The United Nations Commission has not 
been able to bring about an agreement by media- 
tion, although both sides have accepted the impor- 
tant idea that the people of Kashmir by a plebiscite 
should have the right to determine their own po- 
litical future. But the details of procedure have 
not been agreed upon ; Pakistan has accepted arbi- 
tration of truce issues as a means of moving the 

Deparfment of State Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



dispute toward a settlement; India has, however, 
refused. In just ^yhat way the United Nations will 
continue its effort to find a way out, it is not pos- 
sible to say. That it must and will continue to 
try. iioes without saying. The art of peacemaking 
is the laborious art of picking up the pieces and 
starting all over again, despite set-back and dis- 
couragement. We can hope that the high fevers 
have been talked out of the Kashmir dispute by 
almost endless United Nations debate, and I believe 
that a solution will be found which will not include 
war between India and Pakistan. 

INDONESIA 

In Indonesia, we were confronted by a situation 
whicli threatened the peace of southeast Asia, 
which could have stirred deep racial antipathies 
between East and West and which pitted the ex- 
plosive force of rising nationalism against prewar 
colonial systems. The question raised in the Secu- 
rity Council some exceedingly troublesome ques- 
tions of Charter interpretation, questions which 
had to be set aside in order to get at the settlement 
which was required to maintain the peace. Al- 
though the story of the Indonesian case is long 
and complicated, there is a fair prospect for a 
satisfactory ending. At a round-table conference 
now in session at The Hague, we hope that there 
shall be evolved a fundamental agreement which 
will satisfy the nationalist aspirations of the 
Indonesians and retain a cooperative arrangement 
between Dutch and Indonesians without which a 
young United States of Indonesia would have very 
rough sailing. For the new Indonesian Govern- 
ment will have to organize the political and eco- 
nomic life of the country and its moderate leaders 
must be prepared to demonstrate at once their 
ability to withstand the assaults of extremists of 
many varieties including Communists. To accom- 
plish this tremendous task, the new government 
will need the sympathetic encouragement and as- 
sistance of the Netherlands. There is good reason 
to believe that moderate Dutch and moderate In- 
donesian leadership can work out an agreement of 
historic importance — if it can be done soon. 



In Korea, unfoitunately, the prospect for a 
unified, independent Korea is not encouraging. 
Tlie case went to the General Assembly because the 
United States concluded that Korean unity and 
independence, promised to them by the Allies dur- 
ing the war, should not be frustrated indefinitely 
by the failure of ourselves and the Soviet Union 
to agi-ee. The General Assembly established pro- 
cedures under which the country would be united 
and a constitution and government erected which 



would represent the freely expressed wishes of the 
Koreans themselves. The Soviet Union boycotted 
the United Nations Korean Commission and re- 
fused to admit it into north Korea. Koi'ea is now 
split, with the southern and larger portion under 
a government established by the procedure pro- 
vided by the United Nations and with the northern 
portion cut off from the non-Communist world by 
its Commmiist rulers. The Government of the 
Republic of Korea, that is the government in 
southern Korea, is acknowledged as the only legiti- 
mate government in Korea by the great majority 
of the governments of the world. The eventual 
outcome of this unfortunate situation cannot be 
predicted, but it is the most direct example we now 
have of the inability of the United Nations to 
bring about a settlement, where the Soviet Union is 
in position to enforce a "veto" on the ground. 

These are not the only disputes which have come 
before the United Nations but these suffice to set 
the pattern and to permit a judgment. On the 
positive side, we can report that the United Na- 
tions has come upon fighting and has brought it 
to an end. The restraining hand of the world 
community is maintaining peace, even though a 
troubled peace, in places where the alternative 
would be war. The United Nations has encoun- 
tered the most powerful emotions of the human 
race and has brought them under a degree of con- 
trol. It has applied the poultice of endless nego- 
tiation and debate where time and discussion 
seemed able to reduce the heat of controversy. It 
has shown great flexibility in the instruments se- 
lected for particular disputes — committees and 
commissions, mediatoi's and conciliators, Security 
Council and General Assembly, negotiation by for- 
mal or informal means, through public or jjrivate 
talks — changing from one to the other where a 
change of pace or of forum seemed desirable. The 
United Nations has been able to put aside national 
prestige where jDrestige might have prevented a 
settlement, for no nation has been able to assert 
a right to make war contrary to the Charter or 
turn aside from the processes of peaceful settle- 
ment because of considerations of national pres- 
tige. In no case which has thus far come to the 
United Nations has the fignnng spread beyond the 
limits of the specific dispute — despite the pres- 
ence of important great-power interests in the 
areas affected. Men have been developed in the 
work of the United Nations, both at Lake Success 
and in the field, who have become expert in the 
settlement of disputes — a reservoir of skill and 
good sense on which we can draw as other disputes 
arise to plague the peace of the world. 

Mobilizing Public Opinion 

Finally, the United Nations has mobilized world 
public opinion behind the Charter and in the inter- 
est of i^eace. When the history of this period is 



Ocfober 31, 1949 



655 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



written, I believe it will show that organized public 
opinion has been much more powerful than we are 
now inclined to believe. If there is a struggle for 
power, in the first instance it is a struggle for 
power over men's minds. If conduct contrary to 
the Charter can be quickly confronted by the firm 
and unmistakable opposition of the rest of the 
world, the cost of such a policy becomes very great. 

Fields in Which Agreement Has Not Been Reached 

If the United Nations has done a great deal to 
maintain the peace, and I believe the record will 
show conclusively that it has, the anxieties of our 
current scene suggest that there must be a number 
of things which the United Nations has not been 
able to do. 

LACK OF SOVIET COOPERATION 

Specifically, the United Nations has not been 
able to obtain compliance by the Soviet Union with 
its obligations under the Charter nor the coopera- 
tion of the Soviet Union in carrying out the pur- 
poses and principles upon which the organization 
was founded. To the extent that the loyal partic- 
ipation of the Soviet Union is not required, the 
United Nations, by and large, is getting on with 
its job. To the extent that the help and assistance 
of the Soviet Union is essential, the United Na- 
tions is frustrated, faltering and disappointing. 
It is a serious charge, but it is based on sober fact. 

VETO 

The impact of Soviet policy is felt not merely 
in its abuse of the veto in the Security Council — an 
abuse which is threatening to sap the prestige of 
that vital body. The more important veto is on 
the ground, in places like Greece and Korea, where 
settlement has been frustrated by a refusal to use 
the elementary processes of peace. Commissions 
established by the Security Council and by the 
General Assembly have been boycotted. Of the 
eleven specialized agencies, organized to carry out 
essential technical and economic work for the 
United Nations, the Soviet Union belongs only to 
two — the International Teleconununication Union 
and the Universal Postal Union, both of which 
predated the United Nations. Where the United 
Nations has sought to carry out a major humani- 
tarian effort as in the International Refugee Or- 
ganization, the program for Palestine Refugee 
Relief, or the International Children's Emergency 
Fund, the contribution from Moscow has been 
zero. 



ATOMIC ENERGY 

In another field, the problem is even more acute. 
656 



The production of an atomic explosion by the 
Soviet Union underlines in red the fact that we 
have made no appreciable progress toward an ef- 
fective system of international control of atomic 
energy. From the moment of the first public 
knowledge of the existence of an atomic bomb, the 
United States, the United Kingdom, and Canada 
have sought to bring about a system of effective in- 
ternational control in order that mankind would 
not be confronted by the spectre of an atomic arma- 
ments race. Other nations joined in the same effort 
in the United Nations Atomic Energy Commission 
and, eventually in the General Assembly itself. 
The majority plan which resulted from this serious 
and devoted effort is, we think, the framework for 
an effective international control, the only one 
which has thus far been developed. We have re- 
peatedly declared that we are prepared to study 
closely any proposals from any source which offer 
equally effective or more effective control than is 
provided by the majority plan. This is a matter 
on which we dare not deceive ourselves. If the 
Soviet political system is such that it cannot stand 
the strain of the knowledge and controls implicit 
in an effective plan of control, it is cold comfort to 
think that we understand why we have competitive 
atomic weapons. Without effective international 
control, we are back to our fundamental, we must 
prevent war. 

Performance From Soviets Needed 

These are among the reasons why we have stated 
that the main issue of our day is peace — and that 
on this issue the Soviet Union confronts not the 
United States alone but the rest of the world. The 
rest of us have very little to ask of the Soviet 
Union — no new sacrifice, no expenditure of re- 
sources or lives or prestige. We want it to settle 
its international disputes by peaceful means and to 
refrain from the threat or use of its force against 
the territorial integrity and political independence 
of other states. Nothing more. These are already 
the solemn pledge of the Soviet State — we need 
performance. If this promise, made at the close 
of an awful war, is now treated with contempt, 
how niucli shall we pay for more promises — or 
how content can we be with our securitj' ? 

Under the circumstances, would it be better 
for us all if the Soviet Union should leave the 
United Nations? The question arises in mo- 
ments of exasperation and irritation and oc- 
casionally flits like a ghost along the corridors of 
Lake Success. As we see it, the answer is simple — 
we should deeply regret the withdrawal of the 
Soviet Union from the United Nations. What we 
really want them to do is not to withdraw but 
to join. It is important that Premier Stalin is 
pledged to the Charter along with the other lead- 
ing statesmen of the world and that their integ- 
rity is involved in compliance with its obliga- 
tions. It is important that Soviet delegations join 

Department of State Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



with the rest of us to answer for our national con- 
duct before the Security Council, the General As- 
sembly and the other organs of the United Na- 
tions. We believe that the basic self-interests of 
of the governments and peoples of the world lie in 
the conduct required by the Charter. "We do not 
despair, therefore, that this basic self-interest can 
eventually assert itself and compel the Soviet 
Union to work with the rest of us on a basis com- 
patible with peace. If there is possibility for 
agreement on specific matters, the machinery of 
the United Nations makes it easy to ascertain 
where such possibility lies and to work out an ac- 
commodation without painful costs in pride or 
prestige. In any event, if the Soviet Union is an 
active participant in the annual debates of the 
General Assembly, there will be less opportunity 
for it to make a tragic miscalculation about the at- 
titudes of others and less temptation to hazard ad- 
venture through a misunderstanding of what the 
rest of the world would abide. 



Is the U.N. Assuring American Security? 

It has taken a considerable time to come back to 
my subject. Is the United Nations paying its way 
in terms of American security? I am convinced 
that it is. We are confronted by the major hur- 
dle of Soviet policy. Let us assume that we shall 
eventually get over that hurdle, that even though 
we pass through a period of discomfort and ten- 
sion, we manage somehow to work out a tolerable 
basis on which the Soviets can live in the world 
with all the rest of us. If we can be even thus 
modestly optimistic about the future, then we have 
every possible reason for supporting the work of 
the United Nations in the security field. Its ulti- 
mate purposes are our own ; its standards are those 
we would set for ourselves. It provides ma- 
chinery for as much effort as we and other mem- 
bers are willing to make at any one time toward 
the accomplislxment of our common aims. The 
formal machinery is being powerfully reinforced 
by strong personal friendships among the leaders 
of the world, regularly renewed at the table of the 
United Nations. Disputes are being settled, fight- 
ing is being stopped, troubles are being localized. 
The weight of the world organization is being 
successfully thrown behind the concept of law and 
peaceful settlement. Since I believe we mean to 
comply with our own obligations, I believe we 
shall have nothing to fear from the judgments of 
the United Nations. And since I believe that 
there is no prospect of peace for ourselves unless 
there be a general system for maintaining peace 
throughout the world, we shall gain much from the 
success of the United Nations. 

But you may prefer to take a more gloomy view 

October 31, 1949 

860050 — 49 3 



and may wish to assume that we shall not see a 
change in Soviet policy for a long time to come. 
If that is your view, you are compelled to give the 
United Nations even more of your support. For 
if we are to prevent a major war, it must be 
through the clearly demonstrated determination of 
the world community to resist aggression with all 
the means at its disposal. This essential solidar- 
ity in defense of the Charter is not a matter of 
passing a resolution or signing a treaty. It will 
come gradually, through countless acts of cooper- 
ation among men of good will and common senti- 
ment. If danger comes, it will be most effectively 
met not on the basis of reluctant decisions made 
under the shadow of tragic events but on the basis 
of a common cause and an inescapable decision 
made in the long process of building a peace. 

Our anxieties shall be with us for some time to 
come. We shall solve some of our problems and 
shall undoubtedly accumulate others. The Secre- 
tary of State recently told the General Assembly 
that those we cannot solve, we must endure. But 
I am convinced that we are developing an instru- 
ment in the United Nations which can remove 
the technical impediments to the maintenance of 
peace and a forum in which the issue of peace will 
not turn on tragic accident. More we cannot ex- 
pect from the United Nations. There is no for- 
mula by which we can surely know whether man 
is wise enough to survive. But we shall try, with 
faith and hope and persistence, and we shall find 
that we are of a goodly company of men from all 
parts of the earth. 



Conciliation Committee 
Suspends Activities 

Letter From the President of the General Assem- 
bly to the Chairman of Committee I 

D.N. doc. A/C. 1/503 
Dated Oct. 18, 1949 

The Conciliation Committee created by the First 
Committee at its 276th meeting on 29 September 
1949 to reach a pacific settlement of existing dif- 
ferences between Greece on one hand, and Albania, 
Bulgaria and Yugoslavia on the other, after hold- 
ing twenty-nine meetings has authorized me to re- 
port with regret that in spite of its best efforts it 
was unable to develop a basis of conciliation on 
which an agreement could be reached between the 
Governments of Albania, Yugoslavia, Bulgaria 
and Greece. 

However, the Committee believes that the dis- 
cussions served a useful purpose in clarifying and 
in some cases narrowing the points of difference 

657 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



between the Governments concerned and can serve 
as a starting point in case conditions in the future 
should warr.int the resumption of the Commit- 
tee's work. I need hardly add that the Commit- 
tee would be happy to resume its efforts at any 
time during the present session whenever the par- 
ties concerned consider this to be desirable. 

In the meantime, the Conciliation Committee 
has no alternative but to suspend its activities in 
order that the First Committee may resume its 
discussion of the question of the threats to the 
political independence and territorial integrity of 
Greece. That discussion was jiostponed pending 
the work of the Conciliation Committee. The 
reason for that postponement now unfortunately 
no longer exists. 

I regret that I have to make a report of this 
negative character. I am confident that the mem- 
bers of the First Committee will accept my assur- 
ance that the Conciliation Committee did every- 
thing in its power to facilitate agreement between 
the parties concerned. Whether by this means or 
by direct negotiations between "^the interested 
Govenmients, it is essential to reach such an agree- 
ment if conditions of security and stability are to 
be restored in the areas concerned. 



Greek Guerrillas Cease Activities 

/Statement hy Secretary Acheson 
[Released to the press October i7] 

As a result of the Greek Army offensives in 
October in the Grammos-Vitsi areas, Greek Gov- 
ernment forces now for the first time since the 
war command tlie northern borders of Greece. 
Guerrilla forces operating within Greece amount 
to approximately two thousand, scattered in small 
groups over the entire country. In most cases, 
the^se groups are mainly concerned with self-jn-o- 
tection and raiding for food and are continually 
being pursued and harassed. There has been "a 
noticeable trend of the leaders and some of the 
members of these groups to work their way toward 
Albania. 

Most of the guerrillas who fled from Greece as 
the result of the Grammos-Vitsi campaigns en- 
tered Albania. There are approximately eight 
thousand five hundred guerrillas located" in Al- 
bania. There is estimated to be about three 
thousand guerrillas in Bulgaria. Some of these 
guerrillas in Bulgaria entered the country as the 
result of recent operations in northeastern Greece, 
but the majority of them have been in Bulgaria 
over a period of time as a part of guerrilla ojiera- 
tions and hospitalization which has taken place in 



Bulgaria. There is no objective information 
available to the Department giving evidence that 
the guerrillas in either Albania or Bulgaria have 
been disarmed or interned. 

According to the United Nations Special Com- 
mittee, tlie Yugoslav Government has closed the 
(Jreek borders, precluding the entry of fleeing 
guerrillas, and has not recently lent support to 
these forces. In general, the closed border ap- 
pears to have been effective, except in a few cases 
in which some guerrilla forces have entered 
Yugoslavia where the terrain is very rugged and 
spai-sely manned by the Yugoslavs. It is not 
believed that there is a large number of guerrillas 
now remaining in Yugoslavia. 

Unconfirmed reports have indicated that guer- 
rillas located in Albania are being moved by sea 
or air from Albania to Bulgaria, Rumania,' and 
possibly other satellite countries. The Depart- 
ment is in possession of no information indicat- 
ing the purpose of this reported redisposition. 

The "cease fire" guerrilla announcement is, in 
any case, a practical recognition of the state of 
affairs existing at this time. The stated purpose 
of the announcement, in order to "save Greece 
from destruction," must be viewed with some 
scepticism in as much as during guerrilla opera- 
tions in force in Greece, they engaged to the 
fullest extent possible in the destruction of the 
Greek economy and resorted to every crime 
against humanity, including murder, arson, kid- 
napping, wholesale slaughter, abrogation of all 
liberties, and terrorizing whole areas. Now that 
these guerrillas who are located in Greece are 
forced to devote their activities to self-preserva- 
tion and the majority of the guerrilla forces, 
because they are located outside of Greece, can no 
longer indulge in bringing about ruin and dis- 
aster, it is natural that they would attempt to 
make political salvage by attributing their defeat 
to the tardily announced desire "to save Greece 
from destruction." 



Repatriation of Greek Children 

Secretary-General Trygve Lie announced that 
the international Eed Cross organizations sub- 
mitted a complete report on their negotiations with 
the authorities in various countries concerning the 
repatriation of Greek children with a view to pro- 
moting the early return to their liomes.^ 

In his note he stated that in the course of 1949, 
he had been "in communication with the Interna- 
tioiuil Committee of the Eed Cross and the League 
of Eed Cross Societies as well as the Governments 
of Albania, Bulgaria, Czechoslovakia, Greece, 
Hungary, Poland, Romania and Yugoslavia." 

' U.N. doc. A/1014. 



658 



Department of State Bulletin 



Debate on Violation of Human Rights in Eastern Europe Continued 



Statement hy Benjamin V. Cohen, 

V. S. Alternate Representative to the General Assembly ■ 



I am sorry that the Soviet Union representative 
has suggested that we have abused and done vio- 
lence to the treaty procedures in attempting to 
invoke them to deal with the complaint we have 
made. I should have thought that Sir Hartley 
Shawcross had so adequately disposed of that point 
this morning that it would be unnecessary for me 
to say more. But I fear, from listening to Mr. 
Vyshinsky's speech, that he did not hear or under- 
stand what Sir Hartley has said. 

Mr. Vyshinsky constantly refers to the first 
clause of the final clauses in the satellite treaties — 
that is article 37 in the Rumanian treaty. That 
provides, for the first 18 months after the coming 
into effect of the treaty, that the heads of the three 
diplomatic missions — the Soviet Union, the United 
Kingdom, and the United States — acting in con- 
cert, will represent the Allied and associated 
Powers in dealing with the ex-enemy governments 
in all matters concerning the execution and inter- 
pretation of the present treaty. 

Unfortunately, however, Mr. Vyshinsky ignores, 
as far as he possibly can do, the second clause of 
the final clauses of these treaties, which is the 
clause that we are relying upon. It is article 38 of 
the Rumanian treaty. I will read it, because I do 
not know how it could be worded more plainly or 
more clearly. It says : 

Except where another prooedure is specifically provided 
under any Article of the present Treaty, any dispute — I 
repeat — any dispute concerning the interpretation or exe- 
cution of tlie Treaty, which is not settled by direct diplo- 
matic negotiations, shall be referred to the Three Heads 
of Mission acting under Article 37, except that in this 
case the Heads of Mission will not be restricted by the 
time limit provided in that Article. 

Now I would like to ask whether that clause that 
I have read to you can have any meaning if there 
can be no dispute that is not commonly presented 
by the three powers, because what purpose would 

'Made in the ad hoc Political Committee on Oct. 12, 
1949, and released to the press by the U.S. delegation to 
the United Nations on the same date. For Mr. Cohen's 
statement of October 4, see Bulxetin of Oct. 24, 1949, 
p. 617. 



there be in providing that the dispute should be 
referred to the three heads of mission, if the three 
principal powers had to agree in advance that 
there was a dispute. 

But that is not all. Read on in this clause and 
it says: "Any such dispute not resolved by 
them . . ." If they had agreed in advance to 
present the dispute, there could be no possibility, 
it seems to me, that the dispute would not be re- 
solved by them. But this clause reads, as I have 
said : 

. . . Any such dispute not resolved by them within a 
period of two months shall, unless the parties to the dis- 
pute mutually agree upon another means of settlement, be 
referred at tlie request of either party to the dispute to a 
Commission composed of one representative of each party 
and a third member selected by mutual agreement of the 
two parties from nationals of a third country. . . . 

I submit that no one can read that article with- 
out clearly understanding that it covers any dis- 
pute between any signatory of the treaty and the 
ex-enemy states, party to the treaty. 

Insofar as Mr. Vyshinsky raises a point that a 
dispute as to whether there is a dispute is not a 
dispute, I submit that that is a philosophy and an 
argument that does not belong in the realm of 
affairs of practical men. 

I am sorry Mr. Vyshinsky is not here while I am 
speaking because I would like to recall to him 
what he and I so well remember, that the treaty 
procedures wei-e devised by the Council of Foreign 
Ministers and by the Paris peace conference to 
provide means of breaking a deadlock when dis- 
putes arose. The Soviet delegation, at the Coun- 
cil of Foreign Ministers and at the peace con- 
ference, Iiad desired to leave the settlement of dis- 
putes to the heads of missions, that is to the great 
powers. That is just as Mr. Vyshinsky would like 
to have it believed the treaties read. 

But we never consented to having the treaties 
read in this way, and the provisions for the setting- 
up of a disputes commission with an independent 
third member, capable of making a decision when 



October 37, 1949 



659 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



the head of a mission or the parties to the dispute 
could not agree, Mas finally accepted and written 
into the peace treaties. 

The protracted discussions which took place be- 
fore tlie Soviet delegation accepted the clauses in 
the treaties makes it extremely difficult for Mr. 
Vyshinsky now to urge that the Soviet delegation 
was not completely aware of their purpose and 
meaning. The speakei-s opposing our proposal 
have argued that in their judgment the charges 
of treaty violations that the United States and 
other parties to the treaties have made against Bul- 
garia, Hungary, and Kumania, are without foun- 
dation. They have further argued that the treaty 
procedures do not cover charges of the character 
we have made. Their arguments do not and can- 
not alter the fact that we have made these charges, 
and we have asserted that in our judgment the 
treaty procedures are applicable to them. 

As we are all committed to the peaceful adjust- 
ment of disputes it would seem obviously correct 
and proper for the Assembly to seek the legal serv- 
ice of the International Court of Justice as to 
whether the treaty procedures do apply to such 
disputes as are involved in the charges we have 
presented. We ourselves have no doubt that the 
treaty procedures do apply, but we have indicated 
our willingness to be bound by the advisory opin- 
ion of the court. 

If the representative of the Soviet Union, and 
other representatives, who share his views are so 
certain of their position it is indeed difficult to 
understand Avhy they should oppose, rather than 
welcome, an impartial and definite decision. 

The Soviet representative has particularly ob- 
jected to question IV which we propose to submit 
to the Court. He says an afiinnative answer to 
this question would be clearly contrary to the trea- 
ties. If he so believes, and I am afraid that this 
argument applies also to the representative of 
France, why are they unwilling to have an opin- 
ion from the Court on this subject? Mr. Vyshin- 
sky says the question indicates an intent to' bring 
about arbitration with one of the parties excluded, 
but the representative of the Soviet Union over- 
looked in his argument an important part of the 
question to be put to the Court. 

The question is expressly predicated on the fail- 
ure of one party to appoint a representative to the 
Disputes Commission. There is no suggestion that 
a party to the dispute should be denied the right 
to be represented on the Disputes Commission. 
The question is whether the Commission can pro- 
ceed if one of the states party to the dispute re- 
fuses to appoint its representative ? Can it be that 
a party to a treaty can frustrate its execution by 
his own default? That, I submit, is a proper 
question for us to put to the Court. 

The claims put forward by the Soviet Union 
regarding these treaties, however, raise other and 

660 



even more serious issues. It is a grave cause for 
concern to us, and we think to the Assembly, that 
at the same time that the Soviet Union is unwilling 
to employ existing treaty procedures, it should 
be suggesting further treaties, and further so- 
called peace pacts. It is not my purpose to antici- 
pate, in this Committee, a debate on the Soviet 
proposals for a peace pact among the great powers 
but it is pertinent here to inquire what purpose 
any treaty can serve if it is to remain the sovereign 
right of any party to refuse to recognize the 
treaty at its own judgment and discretion. 

We believe that treaties when made should be 
carried out^ We believe in treaties as instriunents 
of law. We do not believe in treaties as instru- 
ments of propaganda. We are opposed to the 
facade theory of treaties under which states ren- 
der lip service to important princijjles and then, 
instead of accepting safeguards for their observ- 
ance, find easy means of escape and evasion. 

Under the Charter, the peoples of the United 
Nations express their determination to establish 
conditions under which justice and respect for the 
obligations arising from treaties and other 
sources of international law can be maintained. 
We stand by the Charter and the law of the Char- 
ter which we have all undertaken to protect and 
defend. 

The serious charges, which we have brought un- 
der the peace treaties and are prepared to estab- 
lish under the impartial procedures provided by 
those treaties, cannot be disposed of, in our view, 
by mere assertion that Bulgaria, Hungary, and 
Rumania are only doing what is being done by 
other states. 

We have already indicated that we do not chal- 
lenge the right of any country to punish genuine 
atfem))ts to overthrow the government by force, 
or to see that proper judicial procedures and safe- 
guards are observed. Of course, other states pros- 
ecute treason and similar acts done with intent to 
overthrow the lawfully established government by 
force. Their task, it is true, in protecting their 
democratic institutions has been enormously com- 
idicated by the efforts of the Soviet Union to use 
the world Communist movement as an instrument 
to ]-)romote and carry out in other countries by 
stealth, intimidation, and force, whatever policies 
are laid down by the Soviet Union. 

The use by the Soviet Union of the world Com- 
munist movement as an instrument of Soviet for- 
eign policy has complicated the problem not only 
of non-Communist countries but even of Com- 
numist countries which do not completely subor- 
dinate their own policy and their own interests to 
those of the Soviet Union. 

But M-e are not now dealing with the situation 
m the Soviet Union, or in the United States, or in 
the United Kingdom, or in Yugoslavia, or in 
Greece. We are dealing with the situation in Bul- 
garia, Hungary, and Kiunania. To these coun- 
tries we have assumed by reason of our wartime 
pledge special responsibilities to their people. 

Department of State Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



If we only could, in fulfillment of our joint re- 
sponsibilities to these people, agree upon minimum 
common standards of human rights, we might 
indeed have a foundation on which we could build 
enduring peace throughout the rest of the world. 

We regret the unwarranted accusations which 
the Soviet representative has made concerning the 
motives of the United States in raising this ques- 
tion of violation of human rights and fundamental 
freedoms in Bulgaria, Hungary, and Rumania. 
Our concern has been, and will continue to be, to 
do what is possible to see that pledges which have 
been given — that the jDcoples of these countries 
should have governments of their own free choice 
and should enjoy human rights — are not violated 
or ignored. In supporting freedom of elections, 
freedom of press and publication, and freedom of 
religious worship, the United States is not at- 
tempting to impose any particular political group 
or any particular institutions on the peoples of 
Bulgaria, Hungary, and Rumania, as the Soviet 
representative has alleged. On the contrary, it is 
the Soviet Union working through a minority rul- 
ing gi'oup which has imposed its own imperialist 
aims on these peoples. In these circumstances it 
ill behooves the Soviet Government to characterize 
the invocation of the peace treaties by other signa- 
tory states as intervention in the domestic affaii'S 
of Bulgaria, Hungary, and Rumania, or to con- 
fuse the basic issues of human rights by labeling as 
traitors. Fascists, reactionaries, saboteurs, and 
common criminals all persons who do not accept 
the fiat of the Communist high command. It was 
certainly never thought at the time the treaties 
were drafted that the provisions concerning the 
dissolution of Fascist organizations meant that 
everyone friendly to the United States was to be 
regarded as a Fascist. 

Our complaint is not of the miscarriage of jus- 
tice in isolated cases. Our complaint is against 
a pattern of conduct disclosing a clear design to 
suppress not only expressions of independent opin- 
ion but all sources of independent opinion. The 
cases of Petkov, Maniu, Cardinal Mindszenty, 
and the Protestant pastors are only the high points 
in a long series of incidents and events evidencing 
an intent upon the part of these governments to 
deny to their peoples their elementary human 
rights. These incidents and events disclose, in 
our view, an intent on the part of these govern- 
ments under the guise of suppressing treason and 
subvei-sion to usurp by force and intimidation 
authority in the name but contrary to the wishes 
of their peoples. 

As I have said, governments to have a moral base 
must rest in some way on the free and continuing 
consent of the governed. Some of the representa- 
tives here, particularly the representative of Po- 
land, have shown sreat interest in conditions in the 



United States. I freely admit that in the field 
of human rights no nation is completely without 
sin or shortcomings. But in the United States 
we are not turning back the clock of human free- 
dom, we are making substantial progress. 

I need only refer to the opinions of our Supreme 
Court which have given in recent years increased 
vitality to our Bill of Rights. It would not be 
approjjriate for me to comment upon the New 
York Communist trials which are now sui jiidice, 
but I believe it would be proper for me to observe 
that all parties to the trials recognize that the 
proceedings are to be governed by the high stand- 
ards set in the recent opinions of the United States 
Supreme Court. 

The comments, fair and unfair, which some of 
the representatives have made on conditions in 
the United States are taken largely from the Amer- 
ican press and from American publications. The 
writers quoted have not been gaoled or liquidated 
for writing what they think. Nor is peaceful 
political opposition stifled or intimidated in the 
United States. Mr. Dewey and Mr. Wallace are 
free to continue their attacks on the Administra- 
tion's policies as their consciences dictate. Any 
thought of suppressing or liquidating them would 
be regarded not only as reprehensible but ridicu- 
lous by the Achninistratlon's supporters as well as 
their critics. 

We resolve our differences and choose our po- 
litical leaders in free electoral contests. But what 
is of even greater importance, the struggle to ad- 
vance and safeguard the human rights of our peo- 
ple is led not by undergi-ound leaders in fear of 
their lives but by people active in the economic and 
political life of our country, many of our business 
leaders and — last but not least — the President of 
the United States himself. It was indeed Presi- 
dent Truman who established a nonpartisan Civil 
Rights Commission to consider ways and means 
of safeguarding more adequately the civil rights 
of all our people, without regard to race or religion. 
Many people active in public life — including the 
President — are urging the acceptance of the Com- 
mission's recommendations. There may be, and 
there are, serious differences among us regarding 
these and other policies, but the freedom of the 
people to discuss them is unimpaired. With us, 
government does rest on the free and continuing 
consent of the governed. 

Our people need no iron discipline. If we want 
a peaceful world where men and nations devoted 
to different ways of life can live in freedom, let 
us strive for common understanding as a rudimen- 
tary human right that every individual should 
enjoy, no matter what system of govermnent he 
may live under. Let us give effect to the determi- 
nation expressed in the Charter by the peoples of 
the United Nations to reaffirm their faith in 
fundamental human rights and in the dignity and 
worth of the individual. To that end let us re- 
spect our treaty and our Charter obligations. 



October 31, 1949 



661 



The United States in the United Nations 



[October 22-28] 

Cornerstone Laid for New 
United Nations Headquarters 

On October 24, the fourth anniversary of the 
coming into force of the United Nations Char- 
ter, Secretary-General Trj'gve Lie laid the cor- 
nerstone of the new permanent headquarters of 
the United Nations. Ten thousand people took 
part in the celebration for which a special 
plenary meeting of the General Assembly was 
convened on the Manhattan headquarters site. 
President Truman, who gave the major address, 
declared that the Charter embodies the hopes and 
ideals of men everywhere. 

General Assembly Plenary Action 

Elections. — On October 20, the General Assem- 
bly elected Yugoslavia, Ecuador, and India to the 
Security Council. After Yugoslavia defeated 
Soviet-sponsored Czechoslovakia, Soviet Repre- 
sentative Andrei Vyshinsky denounced the result 
as a violation of the Charter. In remarks, ruled 
out of order by Assembly President Romulo, Mr. 
Vyshinsky declared that the Assembly should be 
bound by a so-called "gentlemen's agreement" and 
hence should elect Czechoslovakia a candidate. 
He declared that Yugoslavia "was not, cannot, and 
will not" be considered as a representative of the 
Eastern European Countries. 

After the Security Council elections, the Ukraine 
withdrew its candidacy from the Economic and 
Social Council in favor of Czechoslovakia. Mex- 
ico, Iran, the United States, Pakistan, Canada, and 
Czechoslovakia were chosen on the first ballot to 
fill the six Economic and Social Council positions. 
Argentina and Iraq were elected to 3-year terms 
on the Trusteeship Council and the Dominican 
Republic was elected to a vacancy on the Trustee- 
ship Council. 

Freedom of Information. — The General Assem- 
bly on October 20 and 21 approved resolutions 
dealing with freedom of information: One post- 
poned further action on the draft convention on 
freedom of information to the fifth session of the 
General Assembly; the other was recommended 
that the Economic and Social Council ask the 
Human Rights Commission to include adequate 
freedom of information provisions in the draft 
covenant on human rights. Mrs. Franklin D. 
Roosevelt, the United States delegate, expressed 
confidence that the Human Riglits Connnission 
could formulate the necessary f reedom-of-inf orma- 

662 



tion principles. She regretted the action of the 
Social Conunittee in not opening for signature at 
the current session the already completed news- 
gathering convention. 

Finance. — The General Assembly took favor- 
able action on six reports from the Finance Com- 
mittee, including the financial report of the United 
Nations for the j'ear ended December 31, 1948, 
financial report of the International Children's 
Emergency Fund, organization of United Nations 
Postal Administration, and scale of assessments. 

Korea. — On October 21, the General Assembly 
approved the Ad Uoc Political Conmiittee's report 
and resolution on Korea. This resolution, opposed 
by the Slav states (including Yugoslavia) con- 
tinues the United Nations Commission on Korea 
and directs it to observe and report any develop- 
ments which might lead to or otherwise involve 
military conflict in Korea. A Soviet proposal to 
abolish the Commission was defeated. United 
States Alternate Representative Charles Fahy, 
speaking before the plenary on beluilf of the reso- 
lution, said that the resolution was "an expression 
of the purpose of the General Assembly to promote 
the independence of a long-suffering and valiant 
people whom we should aid to achieve what so 
many of us enjoy — freedom and independence." 

niiman Ric/jitf;. — The General Assembly on 
Octol)er 22, with only the Soviet bloc in opposition, 
decided to refer to the International Court of Jus- 
tice legal questions relating to settlement by peace 
treaty procedures of differences arising from hu- 
man rights violations in Bulgaria, Hungary, and 
Rumania. United States Representative Benja- 
min V. Cohen spoke on belialf of the Ad Hoc 
Political Committee's reconnnendation. His con- 
cluding remarks were : "Freedom can be shared by 
all men and all nations. Freedom can unite us — 
tyranny inevitably will divide us. "Wliatever mod- 
est progress we can make in dealing with the ques- 
tion before us will be a progress toward the basic 
goal of the United Nations — peace with justice 
and freedom for all." 

Committee Action 

Political Committee — Greece. — On October 18, 
the Committee heard a report from General Assem- 
bly President Romulo who stated that the Greek 
Conciliation Committee had met 29 times without 
being able to deve]o]> a basis of conciliation among 
the GovernmeTits of Albania. Bulgaria, and Greece. 
Dui'ing the following week, tliere was lengthy dis- 
cussion on a resoIuti(ui put forward by the Union 
of Soviet Socialist Republics demanding that the 

Department of State BuUetin 



Greek Government repeal the "sentences of eight 
heroic fighters against the Hitlerite invaders," 
originally condemned to death by an Athens mili- 
tary court. In the course of the discussion, United 
States Representative Benjamin V. Cohen said, 
"We are all concerned about military executions in 
the world today." Mr. Cohen pointed out, how- 
ever, that the United Nations was not in a posi- 
tion to deal with individual cases at this time, and 
he urged that the Committee concentrate on mat- 
ters which give rise to conditions of instability — 
in this case, the threats to the security of Greece. 
Sub-Committee 17. — Tlie subcommittee ap- 

E roved on October 20 a draft resolution that Libya 
e established as a single, independent, and sover- 
eign state and that indeiJendence be effective as 
soon as possible and in any case not later than 
January 1, 1952. The resolution provided for a 
constitution to be determined by consultation of 
representatives of the inhabitants of Cyrenaica, 
Tripolitania, and Fezzan, and for a Unitecl Nations 
commissioner appointed by the General Assembly 
and a Council to aid and assist him, the latter to 
consist of one representative each of Egypt, 
France, Italy, Pakistan, United Kingdom, and the 
United States, one representative of the peoples of 
each of the three regions, and one representative 
of the minorities. 

Tlie subcommittee also approved recommenda- 
tions that Italian Somaliland should become an 
independent sovereign state 10 years from the 
effective date of an Italian trusteeship agreement 
(unless the General Assembly decided otherwise at 
the end of that period). The trusteeship agree- 
ment would be negotiated by Italy with the Trus- 
teeship Council for submission to the Assembly, 
if possible, during the present session and in any 
case not later than the fifth regular session. 

After exhaustive debate on the question of 
Eritrea, agreement was finally reached October 
27 in the subcommittee to postpone the matter to 
allow study and investigation by a United Nations 
Commission to report to the Interim Committee by 
April 15, 1950, which in turn would make its 
recommendations to the fifth session of the Gen- 
eral Assembly. 

Ad Hoc Political Committee — Field Service. — 
The Committee opened consideration of the report 
of the Special Committee on United Nations Field 
Service and the two draft resolutions recommend- 
ing the establishment of a 300-man field service 
and a panel of field observers. John Serman 
Cooper presented United States views as favoring 
both the field service and panel. 

Economic C ommittee. — The Committee adopted 
on October 22 a revised Cuban resolution on the 
economic development of underdeveloped coun- 
tries and opened general debate on the full em- 
ployment item. Australia presented a resolution 
which stressed the importance of coordinated ac- 
tion to maintain full and productive employment 
"especially in countries which are responsible for 



an important share of world trade," and recom- 
mended that all governments "consider as a mat- 
ter of urgency" their Charter responsibility to 
take action, as the need arises, designed to promote 
full and productive employment. United States 
Alternate Representative, Wilson D. Compton, de- 
scribed the United States economic situation and 
supported the Australian resolution. A Czecho- 
slovak speech alleged deterioration in the United 
States economic situation. 

Social Committee. — The Social Committee 
unanimously approved a resolution establishing 
advisory social welfare services on a continuing 
basis and providing for their inclusion in the 
United Nations budget. The committee also took 
note of the Chapter dealing with the social, hu- 
manitarian, and cultural questions of the Economic 
and Social Council's report. 

Trusteeship Committee. — The Committee dis- 
cussed in detail administrative unions which per- 
mit the consolidation of certain functions affecting 
more than one trusteeship territory under a single 
administrative body. The debate centered on the 
question of whether such unions infringed upon the 
political rights of the inhabitants of trust terri- 
tories. In general, administering powers defended 
administrative unions while nonadministering 
powers were generally suspicious of such arrange- 
ments. In the course of the discussion, the United 
States Representative Charles Fahy remarked that 
all trust territories should retain their original 
identity and that the Trusteeship Council should 
be able to exercise its powers of supervision. 
However, he pointed out, each union represented 
a separate case and hence the committee should not 
pronounce generalized judgments. 

Administrative and Budgetary Com/mittee. — 
The Committee completed action on several items, 
including the first reading of the 1950 budget and 
the headquarter item. It adopted a resolution 
taking note of the Secretary-General's report 
which summed up the status of construction 
activities. 

Legal ComTnittee. — The Committee discussed at 
length the draft declaration on the rights and 
duties of states, which comprises part II of the 
report of the International Law Commission. The 
United States proposal took note of the document 
and commended it as a "noble and substantial con- 
tribution toward codification of international 
law." Milan Bartos of Yugoslavia declared his 
government would like to have a convention based 
on the declaration of the rights and duties of 
states. He declared that the founding of the 
United Nations offered "the greatest and most 
justified hopes of the people, that it would lead 
to prevention of new wars of aggression, of wars 
which are, as we all know, the result of the attempt 
of certain states to impose their will upon other 
nations or states by means of interference, threat 
or use of force, or to aggrandize their territories 
at the expense of other peoples." 



Ocfofaer 31, 7949 



663 



INTERNATIONAL ORGANIZATIONS AND CONFERENCES 



Effective International Cooperation 
Through the Organization of American States 



Statement hy President Truman ' 



Columbus Day provides a fitting opportunity for 
me to meet in a friendly and informal way with 
my distinguished neighbors, the Ambassadors on 
the Council of the Organization of American 
States. This organization is an outstanding ex- 
ample of effective international cooperation. The 
United States Government supports it wholeheart- 
edly. The success of the inter-American system 
should encourage the peoples of other parts of the 
world to persevere in their efforts to solve conunon 
problems by mutual trust and helpfulness. 

We have demonstrated how nmch can be ac- 
complished when nations temper their national as- 
pirations with concern for the interests of all. 
This is evident in the work of the American Re- 
publics for economic and social development. 
With increasing emphasis, we are striving to make 
possible a better life not only for people today 
but for generations still unborn. Our desire for 
security, in fact, is not primarily in order that 
our lives may remain unchanged, but that we may 
progressively realize our vast possibilities. 

It is this spirit which motivates the growing 
exchange of technical knowledge and skill that 
has been taking place among our countries. We 
look forward to even more vigorous technical co- 
operation through all available channels, includ- 
ing the United Nations and its specialized agencies. 
AVe intend increasingly to help one another in the 
efforts of each to help himself. 

We look to the Organization of American States 
for support of programs to raise living standards 

" Made at a meeting of the Ambassadors to the Council 
of the Orsani/.iUion of American States on Oct. 12, 1949, 
and released to the press by the White House on the 
same date. 

' Bulletin of Sept. 26, 1949, p. 462; see also Department 
of State publication 3647. 

664 



and to foster balanced economic development 
throughout the hemisphere. And since material 
improvement would be sterile without cultural and 
intellectual growth, we should make every effort 
to intensify cultural and intellectual cooperation. 

The organization has a great responsibilitj' for 
strengthening the peace and security of the Amer- 
icas and for inducing governments to respect their 
freely accepted international obligations. We in 
the inter-American system sul)scribe fully to the 
principle of nonintervention in the internal or 
external affairs of any American Republic. At 
the same time, we are definitely committed to the 
proposition that our solidarity and high aims are 
fostered by the exercise of representative democ- 
racy in the American states. I am confident that 
you will continue to provide inspiring leadership 
toward the achievement of these aims. 

As for this government, Secretary Acheson 
stated recently before the I'an American Society 
in New York that the good-neighbor policy is for 
us a firmly established national policy.^ 1 fully 
support the principles and objectives outlined by 
him on that occasion. 

The United States is honored and happy to be 
the host country of the Organization of American 
States. We want you to feel most welcome and en- 
tirely at home among us as you continue your in- 
valuable work in behalf of all the peoples of the 
American Republics. 

Befly to the President hy Amhofimdor Joseph D. 
Charles, Acting Chainnan of the Council 

Mr. President : The members of the Council of 
the Organization of American States are deeply 
appreciative of your cordial invitation, which 

Department of State Bulletin 



i 



INTERNATIONAL ORGANIZATIONS AND CONFERENCES 



Continued 



gives us the opportunity to pay our I'espects to 
you on this Continental anniversary. 

October 12th is celebrated in all our countries, 
because it marks the entry of the Western Hemi- 
sphere in the curi-ent of world history, where they 
are playing an increasingly important role. For 
the Organization of American States, it is a sym- 
bol of one of the fundamental bases on which our 
inter-American sj'stem rests, namely, the common 
factors in our historical background and the sim- 
ilarity of our political and social institutions. It 
is most appropriate, therefore, that we should ob- 
serve this day not only as representatives of our 
respective Governments, but in our collective 
capacity as the Council of the Organization. 

For it is through the Organization of American 
States, given its present form in 1948 as the latest 
step in the development of our inter-American 
system, that the American Republics are express- 
ing their community of interest and their coimnon 
devotion to the same ideals of intei'national order 
and morality. In the last century and a quarter 
there has been evolvins: on the American Conti- 



nent a pattern of international relations founded 
on the premise that the security and the welfare 
of each of our countries depends upon the security 
and the welfare of all, and that what affects one 
member of the community inevitably has its reper- 
cussions in all the others. 

Sucli a system can be achieved only slowly, as 
the result of a conscious effort on the part of the 
several Governments, supported by their people. 
The growth of our system of inter- American rela- 
tions, Mr. President, is due in no small part to 
the interest and support of your Government. 
The wise and enthusiastic cooperation of your 
representatives, at inter- American conferences, on 
the Council of the Organization of American 
States, and in the several specialized organiza- 
tions, has contributed in large measure to the prog- 
ress that has been achievecl in the realization of 
the political, economic, social, and cultural ob- 
jectives of the Organization of American States. 

I am confident, Mr. President, that I voice the 
sentiment of each and every member of the Coun- 
cil when I say that on this auspicious occasion we 
renew our pledge to strive for the further realiza- 
tion of the high jjurposes for which our Organi- 
zation stands. 



Conclusions of the Inter-American Peace Committee 
With Reference to the Situation in the Caribbean ^ 



The Inter- American Peace Committee, convoked 
at the initiative of the Representative of the United 
States to consider the situation that certain lamen- 
table events have shown to exist in the political 
areas of the Caribbean, has given that delicate 
problem due attention and has studied carefully 
the various aspects of the situation with the valu- 
able collaboration of those Governments that were 
good enough to send observations and suggestions. 

The Committee believes that its duty in this 
matter is limited to the solemn reaffirmation of cer- 
tain standards and principles, that are basic for 
American peace and solidarity, principles and 
standards whose proper observance would, in the 
opinion of the Committee, not only keep such a 
situation as the one under consideration from aris- 
ing, but avoid even the slightest symptom of 
disturbed relations among the American States. 

With the intention, then, of using to full ad- 
vantage this occasion for once more calling to the 
attention of the American conscience the lofty and 

^ Transmitted to the Secretary-General of the United 
Nations by the Mexican Ambassador on Sept. 15, 1949. See 
U.N. doc. S/1407, Oct. 13, 1949. 



indispensable postulates of our international rela- 
tionships, the Committee believes it pertinent to 
formulate the following conclusions: 

1. To reiterate the necessity' that all the Member 
States of the American community continue to be 
guided in their international conduct by the prin- 
ciple of non-intervention, which is the basic prin- 
ciple of the Organization of American States and 
hence of Pan-Americanism, solemnly set forth in 
the "Additional Protocol Relative to Non-Inter- 
vention" signed at the Inter-American Conference 
for the Maintenance of Peace (Buenos Aires, 
1936), and the latest and definitive expression of 
which is to be found in article 15 of the Bogota 
Charter, in the following words : 

No State or group of States has the ri£;ht to intervene, 
directly or indirectly, for any reason whatever, in the 
internal or external affairs of any other State. The fore- 
going principle prohibits not only armed force but also 
any other form of interference or attempted threat against 
the personality of the State or against its political, eco- 
nomic and cultural elements. 

2. To recall, in connection with the foregoing, 
that the desire to avoid intervention in the internal 



October 37, 1949 



665 



INTERNATIONAL ORGANIZATIONS AND CONFERENCES 



Continued 



or external affairs of otlier States and, even more, 
tlie duty of eacli State to prevent its territory from 
being used for tiie preparation or initiation of 
ajrgiession toward one or more States witli wiiich 
it is at peace, led the American States to sign the 
Convention on tlie Kights and Duties of States in 
the Event of Civil Strife, in 1928; and that, in line 
with these ideas, the Second Consultative Meeting 
of Foreign Ministers, in liesolution VII, recom- 
mended to the Governments of the American Re- 
jjuhlics some fundamental rules with respect to 
civil strife, applicable to the situation under study. 

3. To express the fervent hojje of the Conunittee 
that the aforementioned Convention on the Kights 
and Duties of States be ratified as prouii)tly as 
possible by the American countries that have not 
yet done so; and also that it be clarified and per- 
fected at some future inter-American meeting, if 
this should be considered necessary. 

4. To consider the Resolution approved on De- 
cember 24, 1948, by the Council of the Organiza- 
tion, acting provisionally as Organ of Consulta- 
tion, witli special emphasis on the paragraph in 
which the Council referred to the need (which 
might apply to any Government) of taking ''ade- 
quate measures to rid its territory of groups of 
nationals or foreigners, organized on a military 
basis with the deliberate purpose of conspiring 
against the security of other sister republics, and 
of preparing to fight against their Governments." 

5. To express, likewise, the desirability that the 
American nations make every efi'ort, within the 
limits of their constitutional powers, to avoid anj- 
systematic and hostile propaganda, whatever its 
medium of expression, against other countries of 
the Continent or their respective Governments. 

6. To consider the desirability of the mainte- 
nance, as far as possible and in consonance with 
Resolution XXXV of the Bogota Conference, of 
continuity of close and cordial diplomatic rela- 
tions among the American States, since, as the 
preamble of the said Resolution states, "the de- 
velopment of the activities and the full benefits of 
inter-American cooperation can be realized more 
effectively if continuous and friendly relations are 
maintained among the States." 

7. To point out that a common denominator of 
American political life is the adherence, within 
the sovereignty of each State and in accordance 
with the characteristics of its own people, to the 
principles and the exercise of democracy, expressed 
formally in solemn American obligations (Dec- 
laration XXVII of the Inter- American Confer- 
ence for the Maintenance of Peace, Buenos Aires, 
19;3(); Recommendation IjXXII of the Eighth In- 
ternational Conference of American States, Lima, 
1938; Resolution Vll of the Second Meeting of 
Consultation, Habana, 1940; Charter of Bogota, 
1948: Resolution XXXII of the Bogota Confer- 



ence), outstanding among which is the statement 
in paragraph (d) of article 5 of the Bogota Char- 
ter, which reads as follows : 

Tlie solidarity of iho .\ineric.an States anfl the high alms 
which are sought through it require the political organiza- 
tion of those States on the basis of the effective exercise 
of representative democracy ; 

8. To make public its aspiration that the Charter 
of the Organization of American States, which, as 
provided for in Resolution I and XL of the Bogota 
Conference, is the basic instrument of continental 
solidarity and is at i)resent the means of deter- 
mining the organization of the system and its 
component parts, receive definitive confirmation 
through ratification by all the Governments, so 
that the juridical and political structure of the 
Continent will be as complete and permanent as 
could be desired. 

9. To repeat also its equally firm belief that 
at all times, and especially in the critical atmos- 
phere that characterizes the present international 
situation, American solidarity should be strength- 
ened even more, if possible, so as to overcome op- 
])ortunity, through the unity of our peoples, any 
threat to world peace that might arise. 

10. To state the Committee's Ijelief that, to carry 
out the foregoing conclusion, it will be of great 
help if each American Government disseminates 
among all its inhabitants the fullest possible in- 
formation as to the international obligations as- 
sumed by the A.merican States, particularly in 
matters of non-intervention and of rights and 
duties of states in the event of civil strife. 

11. To express its opinion that the effective ap- 
plication, by the American Governments, of the 
l)oints to wliich the Bogota Conference Resolution 
XXXII. on Preservation and Defense of Demo- 
cracy in America, refers will result in establishing 
democratic institutions still more strongly in tliis 
hemisphere. 

12. To offer once more the continuing willing- 
ness of the Inter-American Peace Committee to 
lend its services (within the limits of Resolution 
XIV of the Second Meeting of Consultation) for 
the pacific and friendly settlement of any conflict 
or diffei-ence that at any moment might arise be- 
tween two or more American States. 

13. To point out likewise, that, in addition to 
the services that the Inter-American Peace Com- 
mittee is ever ready to offer, there are in the inter- 
American system, and concretely in the Organiza- 
tion, various means of recourse, the proper appli- 
cation of which is a guarantee of a reasonable 
settlement of any conflict that might arise between 
them: that is, the methods of pacific settlement 
that appear in the Pact of Bogota and in other 
inter-American instruments, and also the Meeting 
of Ministers of Foreign Affairs, either in accord- 
ance with article 40 of the Charter or as Organ 
of Consultation in accordance with the provisions 
of the Inter- American Treaty of Reciprocal As- 
sistance. 



666 



Department of State Bulletin 



INTERNATIONAL ORGANIZATIONS AND CONFERENCES 



Continued 



14. To state that the foregoing conclusions do 
not apply exclusively, in the opinion of the Com- 
mittee, to the situation referred to in the preamble 
of tliese conclusions, but to all the American Re- 
publics without exception. 

The Committee has agreed, finally, to express 
to the American Governments that were good 
enough to transmit to it their helpful views as to 
the situation it has been studying, the apprecia- 
tion of this group for their valuable and indis- 
pensable collaboration. 

Luis Quintantlla, Chairman 
Amiassador, Representative of Mexico 
Enrique V. Corominas 
Arnbmsador^ Representative of Argentina 

GONZALO GUELL 

Amhassador, Representative of Cuba 
Paul C. Daniels 

An^bassador, Representative of the United 

States 
Hildebrando Acciolt 
Ambassador, Representative of Brazil 
Santiago Ortiz 
Secretary of the Committee 

Washington, D. C. 
September H, 1949 



U.S. Delegations 

To International Conferences 

Military Medicine and Pharmacy Congress 

On October 17, the Department of State an- 
nounced that Maj. Gen. Eaymond W. Bliss, Sur- 
geon General, United States Army, has been named 
chairman of the United States delegation to the 
Twelfth International Congress of Military Medi- 
cine and Pharmacy. Under the auspices of the 
Mexican Government, this meeting is scheduled 
to be held at Mexico City, October 23-29, 1949. 
Named to serve as delegates were : 

George E. Armstrong, Brig. Gen., Deputy Surgeon General, 

United States Army 
Harry G. Armstrong, Maj. Gen. Deputy Surgeon General, 

United States Air Force 
Joel Thompson Boone, Rear Admiral, General Inspector, 

Medical Department, United States Navy 
Wallace H. Graham, Brig. Gen., (MC) USAF, Personal 

Physician to the President 
Edward J. Kendricks, Brig. Gen., Chief, Staffing and Edu- 
cation Directorate, Office of the Surgeon General, 

United States Air Force 
Clifford A. Swanson, Rear Admiral, Surgeon General, 

United States Navy 

October 31, 1949 



Ralph C. Williams, M.D., Assistant Surgeon General, 
United States Public Health Service ; Chief, Bureau 
of Medical Services, United States Public Health 
Service 

The Congress will consider such topics as: (1) 
new medical and social problems encountered by 
the military services; (2) pathology and treatment 
of lesions caused by the atomic bomb; (3) war 
psychosis; and (4) care and evacuation of the sick 
and wounded. 

The First Congress of Military Medicine and 
Pharmacy was sponsored by the Belgian Govern- 
ment in 1921 to bring together military medical 
services of participating states for the purpose of 
promoting the protection of human life in the 
armed forces. The Eleventh Congress of this 
series was held at Basel, Switzerland in June 1947. 

iLO: Advisory Committee on Salaried Employees 

On October 18, the Department of State an- 
nounced that the following delegation will repre- 
sent the United States at the first session of the 
International Labor Organization (Ilo) Ad- 
visory Committee on Salaried Employees and Pro- 
fessional Workers, scheduled to be held at Geneva, 
October 24-29 : 

Government Representatives 
Delegates 

Robert J. M.vers, Special Mission to France, Economic Co- 
operation Administration, Paris, France 

Edward B. Persons, chief, Ilo Branch, Office of Interna- 
tional Labor Affairs, United States Department of 
Labor 

Employees Representattves 
Delegates 

Ricliard P. Doherty, director, Employer-Employee Rela- 
tions Division, National Association of Broadcasters, 
Washington, D.C. 

Frank L. Rowland, executive secretary, Life Office Man- 
agement Association, New York, N.Y. 

Workers Representatives 
Delegates 

Paul R. Hutchings, president. Office Employees Interna- 
tional Union, Washington, D.C. 

Herman D. Kenin, member. International Executive Board, 
American Federation of Musicians, Portland, Oreg. 

This session of the Advisory Committee will 
continue work started by the Ilo prewar expert 
committees by preparing the way for the develop- 
ment of conventions regarding the rights of per- 
formei-s in the fields of radio, television, and 
mechanical reproduction of sound, and regarding 
rest periods in commercial establislmients. The 
agenda for the first session includes also discussion 
of general working and living conditions of sal- 
aried and professional workers, the position of the 
salaried inventor, and manpower and training 
programs. 

667 



THE RECORD OF THE WEEK 



Problems in American Foreign Policy 



by Secretary Acheson^ 



As I understand Al Smith's conception of the 
conduct of government — I am not speaking of 
that moral and spiritual compass from which he 
got his direction, but of the art of translating 
purpose into accomplislmient — it was twofold. 

First, any course of action must be deeply rooted 
in popular understanding and popular support — 
not merely in theory but in fact. And second, the 
administration for executing it must be made efli- 
cient by being simply designed so that responsi- 
bility and authority coincide and so that knowledge 
is mobilized and brought to the point of action. 
He tlien picked his men carefully and backed them 
to tlie limit. 

These principles do not solve the problems of 
foreign affairs but they help tremendously those 
of use who work daily upon them. 

What are those problems I Greatly oversimpli- 
fied, but not untruly distorted, there are two sets 
of problems wliich react upon one another. And 
these are not peculiarly American problems. They 
exist, in more or less degree, in every country in 
what we call the free world. 

One set of problems arises from the conduct in 
international affairs of the Soviet Union, as the 
aggressively imperialist power of our times, seek- 
ing to extend its dominion where its grasp and its 
reach coincide, and to cause confusion and disin- 
tegration where its gi'asp falls short. 

The second is a set of problems which would 
exist if the Soviet Union did not. 

Those are the problems, economic, social, polit- 
ical, which arise, as in Europe, from the disrup- 
tions of war and changed relationships with other 
parts of the world — as in Asia, from a great 



' An address doliverod before the Alfred E. Smith 
Memorial Foundation in New York, NY. on Oct. 20, 1949, 
and roleaspd to the press on the same date. 



668 



awakening of peoples to a new revulsion against 
the acceptance of poverty and hunger and to a 
consciousness of national independence. 

In the American Republics, in the Middle East, 
in Africa, there is the same demand for and move- 
ment toward the development necessary for a bet- 
ter life. Movement means tlie affirmation of the 
Mortli of new ends, the creation of new ideals, new 
challenges to Americans who, of all people, believe 
that life is not, and cannot be, static, and that mate- 
rial advance is not achieved by embracing the dis- 
carded tyrannies of the barbaric past. 

Now, you see at once that these two sets of prob- 
lems are interrelated. The thrust of Soviet im- 
perialism in Eastern Europe or Asia affects not 
only those areas, but also their relations with other 
areas. iVnd this in turn adds to the difficulty of 
those other areas in solving their problems, which 
are difficult enough, in all conscience, without ex- 
traneous impediments. 

Similarly, the success or lack of success of parts 
of the free world in gaining a strength and stabil- 
ity affects the direction and vigor of Soviet 
thrusts. So few problems are isolated. Most are 
part of a very complicated mosaic. 

But this is not the end of the matter. Nations 
are usually symbolized in our minds as individ- 
uals — Uncle Sam. John Bull. Marianne, et cetera. 
But they are not individuals. They are many in- 
dividuals — millions of them. And in the free 
world, at least, they are held more or less loosely 
together by many institutions, of which govern- 
ment is only one-^such as, churches, labor unions, 
business and farm organizations, political parties. 

Within the nation are many stresses and 
strains. What a nation should do, if it were one 
person with one will and one mind, is often very 
different from what it actually can do. and does 

Department of Sfafe Bulletin 



THE RECORD OF THE WEEK 



Continued 



do, when thoae in charge of its government resolve 
the multiplicity of thrusts into a single decision. 

These, then, are in rough outline Some of the 
problems which confront the worker in the field of 
our foreign relations. But even they are not all. 

He must understand that the posture of his own 
country is one of the most potent factors affecting 
both its will and its power. And by its posture, 
I mean, for instance, whether it is economically 
vigorous or distracted by troubles; I mean the 
state of its defenses ; I mean whether its people are 
looking inward upon a conflict of purposes, or out- 
ward witli calm determination. All this must 
weight his judgment. 

He must know also the limitations of the power 
of his own country and the limitations of his 
own position within it. In most cases a decision 
on policy and resultant action does not settle the 
matter under consideration. The action of others 
is more often than not the controlling factor. 
American assistance to other nations is always 
marginal assistance. The issue turns primarily 
upon their own will and effort. They may lead 
to hopeful results, as in European recovery, or to 
failure, as in China. 

One of my colleagues remarked of Americans in 
foreign affaii'S, that there is a general belief that 
anyone may put a nickel in us and we must come 
up with a policy to solve any problem. To think 
this oversimplifies the problems and completely 
misunderstands our role in world affairs. 

We can help greatly those who are doing their 
utmost to succeed by their own efforts. We cannot 
direct or control ; we cannot make a world, as God 
did, out of chaos.- There are some, apparentlj', 
who think that we should do this, and in less than 
6 days ! 

So we must think of ourselves, to paraphrase 
words of Justice Holmes, not as little gods outside 
the community of nations, but as ganglions within 
it — as less than it, and as gaining our significance 
from the beneficence of our function and effect 
within it. 

Similarly, one who works upon the foreign rela- 
tions of the United States must understand his 
position within the country and the government. 
Vital as our foreign relations ai'e to us, they are 
not the totality of our interests. There are thou- 
sands of other interests with which our interests 
abroad must be harmonized. So within our minds 
and within the government, the Department can- 
not think of itself as an institution apart, in 
monopolistic control of an isolated field of activity. 

The Department is one of many staff arms of the 
President. It must work in harmony with, in 
understanding of, and often through these other 
arms. Its recommendations must fit into a total 
program which the American peojjle are prepared 
to support. 

This means, of course, that the Department is 



not and cannot be an aloof organization. It must 
be close to the American people, constantly report- 
ing the facts without which informed judgment or 
criticism cannot be made. It must not be afraid 
to tell the truth when that is painful and unpleas- 
ant, as it was in the China white papei'. It must 
not be afraid to recommend and fight for courses 
which are hard and long when any other course 
would be a deception and a fraud. 

This I think we do. We certainly try our best 
within our abilities. We know that otherwise we 
cannot hope for success. 

In the long run, and very often in the short run, 
it is you citizens of this republic, acting directly 
through public opinion and through the Congress, 
who decide the contours of our policies and 
whether those policies shall go forward or waver 
and stop. We do our best to keep you informed 
and advised. 

It rests in your courage and resolution and 
sacrifices to provide that national posture of 
steadiness and dependability which will make our 
country helpful, effective and respected in the com- 
munity of nations. 

For one further thing we look to you — for under- 
standing of the complexity and volume of this 
work and for some part of your thought. The 
work of a foreign office does not consist solely 
of a few people pondering the great questions 
which you read about on the front pages of your 
newspapers. It consists also of an almost in- 
credible number of programs and actions which 
must be carried out by a large number of people 
coordinated and directed toward our major ends. 

It may surprise you to learn that last year the 
United States participated in 6,000 international 
meetings; that the Department of State received 
from its representatives in the field 340,000 re- 
ports — more than a thousand every working day — 
each of which had to be analyzed and its informa- 
tion brought to focus at the point of action. All 
of tliis cannot be made simple and understandable 
in capsule form. It takes work and thought not 
only by the devoted and loyal men and women who 
do this work, but also by the American people. 

It is in these ways that we are trying to imple- 
ment, in the field of foreign affairs, Al Smith's 
concept of the art of translating purpose into 
accomplisliment. 

We cannot do our job, any more than he could 
have done his, except in a frank and intimate i-ela- 
tion with people outside of government. We do 
not ask, any more than he did, that this relationship 
be one of blind and unquestioning acceptance of 
all we think and do. Wlien people agree with 
us, we want their support ; when they do not, we 
want their frank and constructive criticism. 

In either case, whether they agree or disagree 
with what we are doing, we hope they will regard 
us as ordinary American people, ti-ying our best 
to do a job in a highly complicated set of cir- 
cumstances and to do it in a way which Al Smith 
would have understood and approved. 



October 31, 7949 



669 



THE RECORD OF THE WEEK 



Many are Soviet citizens, but the repeated and un- 
Continued answered Greek protests to the Soviet Govern- 
ment refer only to persons still claimed as Greek 
citizens. 



Greek Citizens of Soviet Origin 
Deported to Soviet Central Asia 



On October 17 the Department of State an- 
nounced that it has confirmatory reports of the 
mass deportations of non-Russian elements from 
the Soviet Caucasus, which have been denounced 
by the Governineut of Greece. These deporta- 
tions began in mid-June and included the forced 
migration of approximately 17 thousand Greeks 
as well as others in circumstances of extreme hard- 
ship. 

Most of these persons were small-scale farmers, 
tradesmen, and artisans long established in the 
area. In mid-June they were suddenly, without 
warning or notification, removed from their homes 
and loaded on to cattle cars bound for the Re- 
public of Kazakhistan in Soviet Central Asia. Re- 
ports state, for instance, that in the early morning 
hours of June 14, MVD (Soviet Secret Police) 
troops suddenly removed the entire population of 
foreign origin of the Caucasus town of Gagi'y, 
separating wives from their husbands and ])arents 
from their children. It is reported that one Greek 
woman was seized with her two small children in 
the middle of the night and embarked for the 
2-week trip to Central Asia on an evacuee train 
containing no food or water. Her Russian hus- 
band was forced to stay behind. On arrival in 
Kazakhistan, according to other accounts, the 
forced migrants were simply deposited by the rail- 
road siding without shelter or other elementary 
provision for their human requirements. They 
have since been scattered on various collective 
farms. 

Reports indicate that the deportees are now liv- 
ing in small mud huts, called zemlianki in Russian, 
without light or fuel and plagued by fleas and 
mosquitoes. They are seriously undernourished 
and have received no clothing other than the light 
summer garments they were wearing when they 
left the mild climate of the Caucasus. The death 
rate is mounting and will become critical during 
the severe Russian winter unless conditions are 
improved. Meanwhile the deportees are forbidden 
to wander more than 5 miles from their concentra- 
tion centers under tlireat of 20 years imprisonment. 

The Soviet census of 1939 put the number of 
persons of Greek origin living in the U.S.S.R. at 
285,896. Some of these are descendants of fami- 
lies established for generations in the Black Sea 
area of Russia; others migrated to the U.S.S.R. 
from Asia Minor after the First World War. 



U.S. Rejects Soviet Charges 
on Policy in Germany 

[Rdcugcd to th^ press October 17] 

Following is the text of a note delivered on 
Octoher 17, 19Jt9, hy the United States Embassy 
in Moscow to the Soviet Foreign O-fjice in reply to 
the Soviet note regarding the AYest German Gov- 
ernment: 

The United States Government has received the 
note delivered to its Ambassador at Moscow by the 
Soviet Government on October 1. relating to the 
establishment of the German Federal Republic. 

The United States Government does not deem 
it necessary to enter into a detailed discussion of 
tlie various charges set forth in the Soviet note. 
The attention of the Soviet Government is how- 
ever invited to the public statement made by the 
Acting Secretary of State on October 6. of which 
a copy is attached for convenient reference.' 

The United States notes with incredulity that 
western action with regard to Germany is char- 
acterized as designed to convert Germany into a 
"drill ground," place d^armes, and center of dis- 
turbance in Europe. The United States Govern- 
ment recalls its sj'stematic efforts to achieve the 
full demilitarization of Germany and its pro- 
posal of a four-power disarmament and demili- 
tarization treaty, an offer repeatedly rejected by 
the Soviet Government. The United States Gov- 
ernment also recalls in this connection the fact 
that there has been developed in the Soviet Zone 
of Germany a large, centralized police force, a 
police force moreover which is well equipped with 
militar}' weapons and led by former German 
army officers. 

The Government of the United States reaffirms 
its belief in the Potsdam principles which call for 
the democratization of German}' and the treat- 
ment of that country as an economic unity. It 
hopes that tlie time is not far distant when the 
Soviet Government instead of seeking to impose 
its arbitrary will upon the Germans of its zone will 
cooperate with the western Allies in enabling all 
the Germans of all Germany, witliin the frame- 
work prescribed by international agreements, to 
work out their common political destiny without 
dictation and with democratic freedom of action. 



' Bulletin of ( )ct. 17, 1049, p. 590. 



670 



Department of State Bulletin 



The Department of State: A Reflection of U.S. Leadership 



hy Deputy Under Secretary Peurifoy^ 



These are difficult, even crucial, times, and the 
scale of action which they require of us as the lead- 
ing nation of the free world is something all of us 
must thing about clearly. It is no exaggeration 
whatever to say that the safety of the United States 
during the next decade rests more heavily upon the 
understanding its citizens will have of foreign af- 
fairs than it will upon battleships, planes, or 
atomic bombs. 

The scale on which the Department of State must 
operate is a direct reflection of the role of leader- 
ship the United States has assumed in the world 
of today. 

Let me tell you what this means in terms of 
facts and figures in the organization and adminis- 
tration encl of the Department of State, which 
happens to be my bailiwick. The slow, steady 
increase of problems and repsonsibilities of the 
Department of State in its 160-year history was 
suddenly jolted by the turn of events that led us 
into the last war. In the brief span of years since 
then United States foreign relations have become 
so varied, so widespread, and so intense that the 
organization to handle them has gone through an 
unprecedented growth and a good deal of realine- 
ment. 

Administrative Functions 

Under my supervision are 4 offices and 18 di- 
visions — all in Washington — made up of approxi- 
mately 2,500 employees, or one-third of our entire 
departmental staff. Ten years ago the total staff 
of the Department in Washington was made up of 
974 people. This low figure was due to the fact 
that the Department of State was the only one of 
the major executive agencies that had not expe- 
rienced a big expansion during the depression 
years and the years just prior to the war. Today, 
we have about 13,000 foreign sex'vice personnel 

' An address delivered before the Colleton County Press 
Association in Walterboro, S. C, on Oct. 24, 1949, and re- 
leased to the press on the same date. 



located in areas throughout the world. About 
5,000 of these are United States citizens. Ten 
years ago our foreign service staff totaled 3,966 
people of whom about 1,600 were United States 
citizens. 

Our many duties in organization and adminis- 
tration include employment, training, assignment, 
and transfer of personnel; budget justifications 
before Congress, budget allotments to depart- 
mental areas and foreign posts ; security — the pro- 
tection of classified material and the screening of 
personnel to protect against Communist infiltra- 
tion ; passports and visas ; the administration of 
United States Government property abroad, and 
countless other functions. 

All of these operations are essential to the suc- 
cessful running of any organization. Moreover 
the total organization must be so set up in order 
to perform its mission in the most efficient manner 
possible. xVs a consequence, while the Department 
was engaging in more and more functions, while 
its normal functions were being expanded and com- 
plicated by the increasing scope of our relation- 
ships with the world at large, it was undergoing 
periodic reorganizations calculated to increase op- 
erational efficiency. 

We have just completed a rather basic change in 
the structure of our organization which has made 
for considerable streamlining of operations. This 
was the result of the Hoover Commission survey 
and especially the task-force study conducted 
under the leadership of Secretary Acheson. I had 
the pleasure of assisting in both the survey and 
putting the commission's recommendations into 
practice. 

From the outline of the administrative functions 
that I have enumerated, you can imagine how 
complicated this housekeeping job can be. Even 
so, in directing it, it would be impossible not to 
become more and more involved in matters of 
program and policy. That is because the job must, 
of course, be geared to the goal our foreign policy 
is pursuing and the means we are taking to reach 
that goal. 



Ocfober 3 J, 1949 



671 



THE RECORD OF THE WEEK 



Continued 



Scale of Action 

I would like, then to tell you something of the 
stale of action that world conditions require of us. 
Let me go into this point by asking what is our 
goal, or, in otlier words, what is our foreign policy ? 
There are those who say we have none. Well, 
the answer is not difficult to find. Reduced to its 
simplest form it is peace, peace and the protection 
of our freedom, and all that it means to us individ- 
ually and collectively. 

Tliis goal finds its source in our i)cople. It is 
motivated by your desire, mine and that of all 
other loj'al Americans. That is why our foreign 
policy is a strong one ; that is why our people have 
been willing to bear the burden of its cost. 

We want peace, we want cooperation among 
governments, understanding among people. We 
have no ideas of aggrandizement at the expense 
of other countries. We have no territorial claims. 
We all know that America can no longer be iso- 
lated and self-supporting without serious compli- 
cations and risks to national security. We couldn't 
isolate ourselves from World War I. It was im- 
possible to stay out of the last World War. As 
connnunrcations and transportation bring people, 
even on opjiosite sides of the world, closer and 
closer together, cooperation and understanding be- 
come more and more important to self-preserva- 
tion. 

Now, if we situate our goal of peace in the 
context of i)ostwar conditions we find that those 
conditions themselves have dictated to us the 
courses of action we are following in our leader- 
ship role. Let us look into some of the major 
foreign jiolicy actions we are taking. 

One of our principal actions is the Marshall 
Plan. Through the Economic Cooperation Ad- 
ministration we are giving aid and assistance to 
Western European countries, helping them re- 
cover from tlie last war. This action fits perfectly 
into the pattern of peace, freedom, and under- 
standinc:. 



Economic and Defensive Measures To Aid Europe 

We were confronted with the hard fact of the 
inability of Western European nations to extri- 
cate themselves from the economic straits in which 
the destruction of war and the bleeding of pro- 
longed occupation h:ul left them. Tlie chaos was 
too complete for them to cope with alone. That 
meant that people were living in conditions where 
they were the easy prey of the advocates of com- 
munism as the cure-all of economic ills. Phj'sical 
weakness of nations made them easy targets for 
Communist infiltration which proved to be a very 
serious threat to national sovereignties. We had 
to take the lead and throw our economic weight 
into the balance. The results have not been 100 



percent perfect. There is still much room for eco- 
nomic improvement. But one point that cannot 
be overstressed is that as a result of ERP free 
countries have been able to strengthen themselves 
internally and the grip of communism on the 
peoples lias been broken, or at least loosened. In- 
ternal security is now reflected in greater eflForts 
toward economic revival. 

Our adherence to the North Atlantic pact — a 
truly unprecedented event in United States diplo- 
matic historj' — and our parallel program of mili- 
tar}' assistance to free nations support another cor- 
ner of our policy structure for peace. 

Both these measures are defensive and in direct 
response to the record of postwar Soviet expan- 
sionism and the aggression of international com- 
numism. The North Atlantic Treaty joins to- 
gether in defensive alliance the free nations of the 
North Atlantic connnunity under the concept that 
an attack on one is an attack on all. It advances 
the cause of peace by making the price of aggres- 
sion, any aggression from anj' quarter, so high that 
it becomes impractical. The idea of mutual aid 
and self-help that is the basis of the pact is the 
foundation stone of the military assistance pro- 
gram. Under this measure we are continuing to 
strengthen Greece and Turkey against overt Com- 
munist pressure, and we are helping our partners 
in the pact create a defense mechanism backed with 
real power. 

Thus, we firmly believe that these actions fit the 
pattern of peace. They testify to our sincerity 
and they establish evidence immediately to the 
peoples of Western Europe and the rest of the 
world that we support peace and intend to back 
up those nations that share our desire for peace. 

Support of the United Nations 

Another major action that is fundamental to 
our foreign policy is our unflagging support of the 
United Nations. As a matter of fact. President 
Truman listed this as the first point in our foreign 
program in his inaugural address last January, 
lou will recall that we decided, even before the 
war was over, that the concept of international 
cooperation that had proved so successful in win- 
ning the war should be the basis of postwar efforts 
toward peace. 

As a consequence, we were prime movers at the 
San Francisco conference out of which the United 
Nations was born. We subscribe wholeheartedly 
to the basic purposes and principles of the United 
Nations which, incidentally, coincide directly with 
our own basic policy. Just take a look at article 
1 of the United Nations Charter. It opens with 
these words: 

Tilt' Pniposos of the Unifed Natimis are : 1. To niaiiitnin 
iiiterriaiioiial pt>ace .and sjccurity, and to that end: to take 
effective collective measures for the prevention and re- 
moval of threats to the peace, . . . 

Today the United Nations is 4 years old. To 
some it has been a disappointment. But this 



672 



Department of State Bulletin 



THE RECORD OF THE WEEK 



Continued 



should not be so. A look at the record will show 
that even in spite of the almost insurmountable 
obstacles with which it has been faced it has given 
a good account of itself. For a i-year-old organi- 
zation it can i^oint to some very remarkable 
achievements, principally in the social and eco- 
nomic fields. Furthermore, it has gained four 
precious years of expeiience as an effective mech- 
anism for handling some of the most intricate in- 
ternational business. 

Those who are disappointed in the United 
Nations point to the Security Council as an ex- 
ample of United Nations failure. Here, indeed, 
the United Nations has not succeeded as well as 
had been hoped. The unpleasant truth is that it 
has been prevented from achieving success in this 
field because the big-power cooperation that was 
essential to success did not materialize. Instead 
there is a long, sad record of Soviet obstruction — 
misuse of the veto in security matters. But even 
in spite of this, the United Nations has demon- 
strated to the world that it can be an effective 
force for the preservation of peace. It demon- 
strated that fact in several international disputes 
that might have developed into widespread war- 
fare. There was the Palestine question, where 
United Nations mediation brought peace; Iran, 
from which Soviet troops were refusing to with- 
draw according to treaty obligations; Korea, 
where a new republic was established as a result 
of free elections held under the auspices of the 
United Nations; there was the "cease-fire" in In- 
donesia which has given both sides an opportunity 
to work out their difficulties ; likewise, in the Kash- 
mir the United Nations successfully brought about 
a cease-fire order and is now arranging a plebiscite 
to settle the jurisdictional dispute between India 
and Pakistan. 

Above and beyond these specific accomplish- 
ments both the General Assembly and the Security 
Council of the United Nations exert a tremendous 
effect on world opinion and its moral force. It is 
well established as an international forum in which 
differences can be aired by contending parties and 
their merits adjudged by the world at large. 

Unquestionably the Security Council debate on 
the Berlin question had a bearing on the lifting of 
the blockade. It is important to remember, too, 
that contact between the Soviets and the Western 
powers was reestablished in this matter by United 
Nations delegates and on United Nations ground. 

Problem of Aggressive Communism 

I hope I have not conveyed to you the idea that 
the pursuit of our foreign aims is a simple matter. 
The contrary is true. One thing, however, that 
must have struck you in this discussion is that to 
a large extent our scale of action has been compli- 



cated by Soviet policy. It is certain that the eco- 
nomic revival of Western Europe would have been 
much easier without internal communistic pres- 
sures inspired from abroad. It is equally certain 
that if the principles of the United Nations were 
adhered to by Soviet Russia there would be no need 
for the regional defense arrangements the free 
nations have been forced into making. In this 
connection, it is fortunate that the Charter of the 
United Nations made provisions for such regional 
defenses. 

We recognize the major problem of the woi-ld 
as aggressive communism. There has been a 
somewhat reluctant realization of the problem it 
presents, its evil nature, and its relentless pursuit 
of its eventual goal of world domination. 

Communism, in essence, is not merely a political 
or economic theory. It is a philosophical sys- 
tem, with its own concept of the nature of man, his 
rights, and his destiny. It is opposed in every re- 
spect to all the beliefs that have been the strength 
of our Westei'n civilization. It believes that man 
is weak and unable to govern himself and so must 
be controlled by strong masters — that is the police 
state which employs some of the most ruthless 
methods of control this world has ever known. As 
you know, Christianity is not surviving in coun- 
tries under Communist domination, and I tell you 
that both Christianity and communism cannot 
exist in the same world. 

The forces of communism are employing these 
methods wherever they hold sway. The ill 
treatment of local nationals in Communist-domi- 
nated countries is unbelievable. Right now 
Czechoslovakia is being terrorized. The persecu- 
tion of religious leaders is another example. 
Certain citizens of Communist-controlled coun- 
tries who were employed by our embassies and 
those of other Western democratic countries have 
been subjected to insufferable treatment. Our own 
official staffs in many satellite countries undergo 
many unpleasant experiences. The people who 
go to these countries to do a job for this country 
deserve considerable credit. 

In China, for example, our personnel in consu- 
lates that are being closed are being subjected to 
arrest and all sorts of other delays in efforts to re- 
turn home. We know that they will get back 
eventually but the delays and other difficulties they 
are encountering are the full responsibility of the 
Government of Soviet Russia. 

Our dealings with Russia are complicated fur- 
ther by the fact its representatives are never em- 
powered to make decisions on their own. If a deli- 
cate negotiation goes off in a direction unforeseen 
by the masters of the Kremlin, Soviet representa- 
tives must go back to the Kremlin for further in- 
structions. 

Another difficulty with which we are faced and 
which is inherent in all dictatorships is that not 
only the Russian people but their government, 
too, are not aware of the true facts concerning us. 
Agents of the Kremlin cannot report true facts. 



October 31, 1949 



673 



THE RECORD OF THE WEEK 



3 



Continued 



Tliey must, for tlieir own salvation, report what 
their rulers want to hear. 

In the last war, those who heard German propa- 
ganda broadcasts aimed at undermining the mo- 
rale of our troops were only amused at what they 
heard. The errors and stupidity of Goebbel's 
organization were laughable. Russian propa- 

fanda is no better, but it does have an effect on the 
lussian people. For instance, Russian listeners 
were told recently that the news of the Russian 
atomic explosion created panic among the Ameri- 
can people. Tliey weren't told that our people 
were somewhat more concerned with the outcome 
of tlie World Series. 

We are making a considerable effort tliidugh 
the United States Information Service, operating 
under tlie direction of tlie Department of State, 
to get the truth across to the Russians as well as 
to the rest of the world. The people of Russia like 
those of the satellite nations realize that the only 
news they are permitted to receive is controlled 
by their government. Many of them risk im- 



prisonment to listen to our radio broadcasts. This 
alarms the Soviet Govermuent which is employing 
scores of radio transmitters to "jam" our pro- 
grams. 

This problem of communism that we are con- 
fronting is something without exact parallel in 
history. We have no blueprints to follow, no pat 
procedures of demonstrated value to use. We are 
relying on our judgment, our national moral in- 
tegrity, and on our faith in the justness of our 
cause. We have had to improvise, and our impro- 
visations have worked. We haven't solved the 
problem, but we have made considerable progress. 
We have effectively checked tlie spread of com- 
munism in Europe; we are building a workable 
economic structure as well as an eii'eetive defense 
force among our friends in Europe. We have the 
initiative, and we are constantly pressing it. We 
are not alarmed by the atomic development in 
Russia, but we realize that we must remain strong 
and in that way maintain peace until the Soviet 
Government accepts what we believe to be true — 
that permanent peace is possible even with differ- 
ing economic systems — and that all concerned can 
and must get along together for the benefit of all. 



Trading Ideas With the World 



EDUCATIONAL ADVISORY COMMISSION RELEASES THIRD REPORT 



Released to the press October 2S 



"Genuine understanding and mutual respect and 
confidence which result from trading ideas with 
the world are as important to national security as 
economic aid and military preparedness," Dr. Har- 
vie Bi;^nscomb, ciiairman of the United States 
Advisory Commission on Educational Exchange, 
stated today in making public the Commission's 
third quarterly report ^ to the Secretary of State. 

This is the first comprehensive review of all 
United States Government activities in the field of 
educational and technical exchange under the In- 
ternational Information and Educational Ex- 
change Act of 1948 (Public Law 402, 80th Con- 
gress). The Commission's report urges that this 
country's exchange program under that act which 

' Trading Ideas With the World, Department of State 
pulilication .3.'").')1, for sale by the Superintendent of Docu- 
ments, U.S. Government I'l-inting Office, Wasliington 25, 
D.C. for 550. 

674 



has been limited largely to the Latin American 
countries, be placed on a broad-scale basis through- 
out the world without further delay. It also pre- 
sents a series of major policy recommendations to 
the Secretary designed to increase the effectiveness 
of the programs. 

Throughout the report emphasis is given to the 
role of private organizations in achieving interna- 
tional understanding through educational ex- 
change. 

In his statement announcing submission of the 
rejiort to the Secretary, Chairman Branscomb 
said: 

"While present unfavorable circumstances force 
us to devote a major share of our efforts to main- 
tain large scale armaments, we must not lose sight 
of the fact that the atom bomb will never win the 
peace, nor in the long run prevent war. Endur- 
ing peace and prosperity will be achieved only 

Deparimenf of Sfate Bulletin 



THE RECORD OF THE WEEK 



Continued 



when peoples know tliat tliey have common inter- 
ests and concerns, underetand each other, and work 
togetlier harmoniously toward common goals. I 
believe that this is the mimber one fact of inter- 
national life today. It is the humanizing fac- 
tor in the conduct of international relations. The 
program of trading ideas with the world, which is 
now only in its infancy, is doing more than any- 
thing else to make foreign affairs evei-yone's af- 
fairs." 

The Commission was established by Public Law 
402 to insure public participation in this peoples- 
to-peoples program of international educational 
and technical exchange. Its members were ap- 
pointed by President Truman in July 1948, each 
representing an important segment of the Ameri- 
can public in the educational, cultural, scientific, 
technical, and public service fields. They are : 

Chairman 

Harvie Branscomb, chancellor, Vanderbilt University 

Vice Chairman 

Mark Starr, educational director, International Ladies 
Garment Workers Union 

Members 

Harold Willis Dodds, president, Princeton University 
Edwin B. Fred, President, University of Wisconsin 
(Replaces Karl T, Compton wlio resigned upon his 
appointment as head of the Research and Develop- 
ment Board) 
Martin R. P. McGuire, professor. Catholic University 

The report cites many specific examples of the 
effectiveness of the educational exchange and tech- 
nical cooperation activities of the Department of 
State and the other United States Government 
agencies participating in the program. Typical 
of the achievements listed is the work of three 
American geologists in Brazil who in cooperation 
with Brazilian geologists have discovered nearly 
25 million tons of strategically important manga- 
nese ore deposits. 

Also cited is the work of a fisheries mission 
whose assistance to the Government of Mexico has 
been instrumental in more than doubling the com- 
mercial fisheries' production during the past few 
years. Tliis will increase the United States and 
Mexican food supply. 

Similarly remarkable achievements are cited in 
public health, education, and other key fields. 

Recommendations which the Commission made 
to the Secretary deal with issues of great concern 
to public leaders — exchanges with Iron Curtain 
countries, United States financial assistance to 
destitute foreign students, the proposal to use 
Finnish war debt payments for an educational- 
exchange program, the negotiations of inter- 
national cultural agreements, short-term study 
projects for American students, and the effect of 
immigration laws and regulations on exchange-of- 

Ocfober 31, 7949 



persons programs. With respect to this last prob- 
lem, the Commission's independent findings and 
recommendations were of concrete assistance in 
determining the content of new regulations later 
issued by the Attorney General and the Secretary 
of State. 

The first section of the 88-page document re- 
ports on the entire range of the educational and 
technical exchange programs — the Department's 
work here and abroad to aid unofficial exchanges ; 
the scientific and technical projects, the activities 
of the United States libraries overseas, the opera- 
tions of the binational cultural institutes, the pro- 
gram for aiding American-sponsored schools 
abroad; book exhibits and exchange; translation 
programs ; the exchange of professors, specialists, 
teachers, and students. 

The second half of the report deals with the 
total program by activity and by each country 
where conducted. 



Fulbright Exchange Opportunities 
Announced 

[Released to the press October 11] 

Opportunities for 648 Americans to undertake 
graduate study, teaching or research abroad dur- 
ing the 1950-51 academic year under the terms of 
the Fulbright Act were announced today by the 
Department of State. A comparable number of 
opportunities will be available for foreign na- 
tionals to come to the United States for similar 
purposes. The countries in which these oppor- 
tunities will be available are Belgium, Luxem- 
bourg, Burma, Greece, the Netherlands, New Zea- 
land, the Philippines, the United Kingdom, and 
France. 

Competition for awards will open on October 15 
and close on December 1. Persons wishing to ap- 
ply should send their inquiries to the following 



For graduate study: Persons now enrolled in American 
colleges and universities should aiiply to the Fulbright 
Prog|-am Advisers on their campuses. Others should 
apply directly to the Institute of International Edu- 
cation, 2 West 45th Street, New York 19, N.Y. 

For university teaching, or advanced research: to the Con- 
ference Board of Associated Research Councils, 2101 
Constitution Avenue, NW., Washington 25, D.C. 

For teaching in American secondary schools abroad: to 
the Conference Board of Associated Research Coun- 
cils, 2101 Constitution Avenue, NW., Washington 25, 
D.C. 

For teaching in national secondary schools abroad: to the 
United States Office of Education, Federal Security 
Agency, Washington 25, D. C. 

Additional exchanges in 1950-51 will be carried 
out in Italy, Norway, and Iran. The number of 
grants available in these countries will be an- 

675 



THE RECORD OF THE WEEK 



Continued 



nounced later, and applications will not be ac- 
cepted until such announcement is made. 

These awards are made under Public Law 584, 
79th Congress, the Fuliiright Act, which author- 
izes the Department of State to use certain foreign 
curiencies and credits acquired through the sale of 
surplus property abroad for programs of educa- 
tional exchange with other nations. Grants are 
normally made for 1 acadoniic j-ear and are renew- 
able only in exceptional cases. Grants to Ameri- 
cans usually include round trip transportation, 
tuition or a stipend, a living allowance, and a 
small amount for necessary books and equipment. 
Grants to foreign nationals include round-trip 
transportation only, and their expenses in the 
United States must be met from other sources. 
All grants under the act are made in foreign cur- 
rencies. 

Opportunities in each country are listed below : 

Belgium and Luxemlxntrg : 22 American gradu- 
ate students to study in Belgian universities; 1 
American teacher to teach English conversation 
and American civilization at a lycee in Brussels; 
1 American professor to teach American literature 
and civilization at a Belgian university; 2 travel 
grants to American professors for a direct ex- 
change with Belgian professors; 2 American re- 
search scholars for research in Belgium or the 
Belgian Congo. Travel grants to the United 
States for nationals of Belgium and Luxembourg 
are offered to: 5 professors or research scholars; 
1 primary or secondary school teacher; and 21 
students. 

Burma: 3 iVmerican graduate students to study 
in Burmese universities; 1 teacher of general 
science for the Central State High School ; 12 pro- 
fessors to teach at the University of Rangoon, the 
State Training College for Teachers, the Univer- 
sity College at Mandalay, the Agricultural Teach- 
ers' Training School at Taunggyi, the Post- 
Primary School at Myitlrvina, and the American 
Medical Center at Namkham, in such fields as 
geography, geology, physical education, educa- 
tional psychology, agriculture, orthopedic surgery, 
zoology, and medicine; 2 research scholars in such 
fields as education and social science for research 
at the State Training College for Teachers and the 
University of Rangoon. Travel grants will be 
offered for 25 Burmese nationals to come to the 
United States; and GO awards will be offered to 
Burmese nurses for training at the American 
Medical Center. 

Greece: 12 American graduate students; 18 pri- 
mary or secondary school teachers to teach English, 
music, science, physical education and other sub- 
jects at Athens College, Anatolia College, Pierce 
College, American Farm School, and the YWCA 
and YMCA Training Schools; 4 professors. 1 to 
teach American life and civilization at the Uni- 



versity of Athens, 1 to teach rural sociology at 
the Superior School of Agriculture, and 2 for 
teaching assignments not yet specified; 6 research 
scholars. Travel grants will be available to 8 
Greek professors or research scholars and 20 stu- 
dents. 257 scholarships will be provided for Gre^ 
students to attend American-sponsored schools in 
Greece. 

Netherlands: 25 American graduate students j 8 
primary or secondary school teachers to teach his- 
tory, education of the blind, and of the deaf and 
dumb, sport physiology, dietetics, social casework, 
and other general subjects; 10 professors to teach 
the following subjects: international law and 
astronomy at the University of Leiden, dentistry 
at the LTniversity of Utrecht, nuclear physics at the 
University of Groningen, sociology at the Munici- 

fal University of Amsterdam, linguistics at the 
University of Xijmegen, dogma and New Testa- 
ment at the Vrije Universiteit at Amsterdam, 
supersonics at the Teclinical Institute at Delft, 
plant physiologj' at the Agricultural College at 
Wageningen, business efficiency at the Economic 
College of Rotterdam or Tilburg; 2 research 
scholars in the fields of chemical technology and 
biochemistry to conduct research at the Technical 
Institute at Delft and the University of Utrecht. 
Travel grants will be available for 5 Netherlands 
professors or research scholars and 80 students and 
teachers. 

Neio Zealand: 10 American graduate students; 
2 primary or secondary school teachers to teach 
in New Zealand schools; 2 professors and 2 re- 
search scholars. Travel grants will be available 
for 16 New Zealand nationals to come to the United 
States. 

Philippines: 6 American graduate students; 1 
professor and 14 secondary school teachers to teach 
at the Philippine School of Arts and Trades in 
various aspects of vocational education ; 2 research 
scholars. Travel grants will be available for 40 
Philippine nationals to come to the United States. 

United Kingdom: Opportunities are oflFered 
both in Great Britain and in the colonial de- 
l^endencies. For Great Britain: 153 American 
graduate students; 40 professors and research 
scholars. For the colonial dependencies: 13 
American graduate students, professors, or re- 
search scholars. Travel gi-ants will be available 
for 11)2 persons from Great Britain, and for 13 
citizens of the colonial dependenices. In addition, 
partial travel grants will be awarded to 250 Brit- 
ish and American teachers participating in the 
Anglo-American teacher interchange program. 

Finance: 220 American graduate students; 13 
primary or secondary school teachers; 10 pro- 
fessors, 3 in the field of American literature and 
civilization, 1 in mathematics, 1 in sociology, 1 in 
chemical engineering, and 4 unspecified; 20 re- 
search scholars. Travel grants will be available 
for 272 French citizens to come to the United 
States. 



676 



Department of State Bulletin 



THE DEPARTMENT 



Reorganization of the Department of State 



[Released to the press October 4] 

Effective October 3, 1949, the political, eco- 
nomic, and international organization woi"k of the 
Department of State was reorganized in accord- 
ance with the Department's plan of reorganization 
which is based on the recommendations of the 
Commission on Organization of the Executive 
Branch of the Government and the Department's 
reorganization Task Force Number 2.^ 

The following Bureaus under the supervision 
of the Under Secretary are as follows : 

Bureau of Inter-American Affairs (ARA), under the di- 
rection of Edward G. Miller, Jr., Assistant Secretary 

Bureau of European Affairs (EUR), under the direction 
of George W. Perkins, Assistant Secretary 

Bureau of Far Eastern Affairs (FE), under the direction 
of W. Walton Butterworth, Assistant Secretary 

Bureau of Near Eastern, South Asian, and African Affairs 
(NEA), under the direction of George C. McGhee, As- 
sistant Secretary 

Bureau of United Nations Affairs (UNA), under the di- 
rection of John D. Hickerson, Assistant Secretary 

The Offices of European Affairs (EUR), Ameri- 
can Republics Affairs (ARA), Near East and 
African Affairs (NEA), Far Eastern Affairs 
(FE), and United Nations Affairs (UNA) and 
their constituent divisions, except the Division of 
International Conferences, were abolished and the 
functions, personnel, and records of each were 
transferred respectively to the new Bureau having 
corresponding jurisdiction. 

The Office of Transportation and Communica- 
tions (TRC) was transferred to the direction of 
Willard L. ThoriJ, Assistant Secretary for 
Economic Affairs. 

The constituent divisions of the Offices of In- 
ternational Trade Policy (ITP), Financial and 
Development Policy (OFD), and Transport and 
Communications (TRC) will henceforth be known 
as policy staffs. 

The Bureau of Inter-American Affairs (ARA) 
was organized as follows: 

Office of the Assistant Secretary (ARA) 
Office of East Coast Affairs (EC) 

Office of North and West Coast Affairs (NWC) 
Office of Middle American Affairs (MID) 
Office of Regional- American Affairs (RA) 

' Bulletins of June 26, 1949, p. 835 ; May 29, 1949, p. 
702 ; and Mar. 13, 1949, p. 333. 

October 31, J 949 



The Bureau of European Affairs (EUR) was 
organized as follows: 

Office of the Assistant Secretary (EUR) 

Office of British Commonwealth and Northern European 

Affairs (BNA) 
Office of Eastern European Affairs (EE) 
Office of Western European Affairs (WE) 
Office of European Regional Bureau Affairs (RA) 

The Bureau of Far Eastern Affairs (FE) was 
organized as follows: 

Office of the Assistant Secretary (PE) 

Office of Chinese Affairs (CA) 

Office of Northeast Asia Affairs (NA) 

Office of Philippine and Southeast Asia Affairs (PSA) 

The Bureau of Near Eastern, South Asian and 
African Affairs (NEA) was organized as follows : 

Office of the Assistant Secretary (NEA) 
Office of Greek-Turkish-Iranian Affairs (GTI) 
Office of African and Near Eastern Affairs (ANE) 
Office of South Asian Affairs (SOA) 

The Bureau of United Nations Affairs (UNA) 
was organized as follows : 

Office of the Assistant Secretary (UNA) 

Office of International Administration and Conferences 

(lAC) 
Office of United Nations Economic and Social Affairs 

(UNE) 
Office of Dependent-Area Affairs (UND) 
Office of United Nations Political and Security Affairs 

(UNP) 

The Division of International Conferences was 
transferred to the new Office of International Ad- 
ministration and Conferences. The International 
Administration Staff now in the Office of United 
Nations Affairs is constituted as the Division of 
Internationa] Administration in the Office of In- 
ternational Administration and Conferences. 

The specific transfer of responsibilities to the 
Regional Bureaus with respect to economic, in- 
telligence, and public affairs work, and the desig- 
nation of the principal officers in each of the new 
or reorganized organizational units will be an- 
nounced shortly. 

The Bureau of European Affairs consists of the 
following organizational units under the super- 
vision of the designated officers : 

Assistant Secretary for European George W. Perkins 

Affairs. 
Deputy Assistant Secretary for Llewellyn E. Thompson 

European Affairs. 

Executive Director Arthur G. Stevens 

Adviser, UN G. Hayden Raynor 

Special Assistant Raymond E. Murphy 

Labor Adviser To be announced later 

Intelligence Adviser To be announced later 

Staff Assistant Boies C. Hart, Jr. 

Of/ice of British Commonwealth and Northern 
European Affairs {BNA) : 

Director Henry R. Labouisse 

Deputy Director Livingston Satterthwaite 

Officer in Charge, United King- Wayne G. Jackson 
dom and Ireland Affairs. 

677 



Officer in Charge, Dominion William P. Snow 

Affairs. 
Officer in Charge, Northern Benjamin M. HuUey 

European Affairs. 
Officer in Charge, Economic To be announced later 

Affairs. 

Office of Eastern European Affairs (EE) : 

Director G. Freflerlels Relnhardt 

(Afting) 

Deputy Director To be announced later 

Officer in Charge, U.S.S.R. Af- G. Fredericli Reinhardt 
fairs. 

Officer in Charge, Balkan Af- John C. Campbell (Acting) 
fairs. 

Offiier in Charge, Poland, Bal- Fred K. Salter 
tic and Czechoslovakian Af- 
fairs. 

Officer in Charge, Economic To be announced later 
Affairs. 

Office of Western European Affairs ( WE) : 

Director Theodore C. Achilles 

Deputy Director Homer M. Byington 

Officer in Charge, Italian Af- Leonard Unger (Acting) 

fairs. 
Officer in Charge, Freneh-Iber- Elim O'Shaughnessy 

ian Affairs. 
Officer in Charge, Swiss-Bene- Frederick E. Noltlng 

lux Affairs. 
Officer in Charge, Economic RoswcU H. Whitman 

affairs. 

Office of European Regional Affairs (RA ) : 

Director Edwin M. Martin 

Deputy Director Douglas MacArthur, II 

Officer in Charge, Economic Ben T. Moore 

Organization Affairs. 

Officer in Charge, Special Prob- To be announced later 

lems Affairs. 

Officer in Charge, Public Af- Antonio A. Micocci 

fairs. (Acting) 



Officer in Charge, Economic To be announced later 
Affairs. 

Office of South Asian Affairs {SO A ) ; 

Director Elbert G. Mathews 

Deputy Director Donald D. Kennedy 

Officer in Charge, India-Nepal 

Affaii-s Joseph S. Sparks 

Officer in Charge, Pakistan- 
Afghanistan Affairs Thomas Eliot Weil 

Officer in Charge, Burma- 
Ceylon Affairs Richard E. Usher 

Officer in Charge, Economic 
Affairs To be announced later 

O^ce of African and Near Eastern Affairs 
(ANE) : 

Director To be announced later 

Deputy Director Gordon H. Mattison 

Deputy Director James S. Moose, Jr. 

Officer in Charge, Lebanon- 
Syria-Iraq Affairs Harlan P. Clark 

Officer in Charge, Palestine- 

Israel-Jordan Affairs Eraser Wilkins 

Officer in Charge, Arabian 
Peninsula Affairs Richard H. Sanger 

Officer in Charge, Egypt and 
Anglo-Egyptian Sudan Af- 
fairs Wells Stabler 

Officer in Charge, Northern 
Africa Affairs Samuel K. C. Kopper 

Officer in Charge, Southern 
Africa Affairs Leo G. Cyr 

Officer in Charge, Economic 
Affairs To be announced later 

The organizational units under the Bureaus of 
Inter-American Affairs, Far Eastern Affairs and 
United Nations Affairs will be announced at a 
later date. 



The Bureau of Near Eastern, South Asian and 
African Affairs consists of the following organi- 
zational units under the supervision of the desig- 
nated officers : 

Assistant Secretary for Near George C. McGhee 

Eastern, South Asian and 

African Affairs. 

Deputy Assistant Secretary for Raymond A. Hare 

Near Eastern, South Asian 

and African Affairs. 

Executive Director John W. Jago 

Intelligence Adviser W. Wendell Cleland 

Labor Adviser William J. Handley 

Politico-Economic Adviser Henry L. Deiracl, Jr. 

Politico-Military Adviser David A. Robertson 

Refugee Adviser Arthur Z. Gardiner 

United Nations Adviser Harry N. Howard 

Staff Assistant Alton W. Hemba 

Office of Greek, Twrhish and Iranian Affairs 
{GTI) : 

Director John D. Jernegan 

Deputy Director William M. Rountree 

Officer in Charge, Greek Af- Leonard J. Cromie 

fairs. 
Officer in Charge, Turkish Af- C. Robert Moore 

fairs. 
Officer in Charge, Iranian Af- C. Vaughan Ferguson 

fairs. 

678 



Bureau of Inter-American Affairs 

[Released to the press October 11] 

The Department of State announced today that 
effective October 3, 1949, the Bureau of Inter- 
American Affairs (ARA) was established under 
the supervision of the Assistant Secretary for 
Inter- American Affairs. 

The Bureau consists of the following organiza- 
tional units under the supervision of the desig- 
nated officers: 

Assistant Secretary for Inter- 
American Affairs Edward G. Jliller, Jr. 

Deputy Assistant Secretary for 

Inter-Anierican Affairs Willard F. Barber 

Executive Director WilUam P. Hughes 

Economic and Labor Adviser. Ivan B. White 

The Intelligence adviser and the Public Affairs Adviser 
will be named at a later date 

Staff Assistant Norman M. Pearson 

Offfce of Middle American Affairs (MID) 

Director Paul J. Reveley 

Deputy Director Edward G. Cale 

Special Assistant Thomas C. Mann 

Department of State Bulletin 



OflBcer in Charge, Mexican 

Affairs Paul J. Reveley 

Officer in Charge, Central 

America and Panama 

Affairs Murray M. Wise (Acting) 

Officer in Charge, Caribbean 

Affairs Leonard H.Prlce (Acting) 

Office of East Coast Affairs (EC) 

Director Howard H. Tewksbury 

Officer in Charge, Brazilian 

Affairs DuWayne Clark 

Officer in Charge, River Plate 

Affairs Rollin S. Atwood 

Office of North and West Coast Affairs {NWC) 

Director Sheldon T. Mills 

Officer in Charge, North Coast 
Affairs, (Venezuela, Co- 
lombia, Ecuador) William L. Krieg 

Officer in Charge, West Coast 
Affairs, (Chile, Bolivia, 
Peru ) Harold M. Randall 

Office of Regional American Affairs (RA ) 

Director John C. Dreier 



Bureau of Far Eastern Affairs 

[Released to the press October 13] 

Effective October 3, 1949, the Bureau of Far 
Eastern Affairs (FE) was established under the 
supervision of the Assistant Secretary for Far 
Eastern Affairs. 

The Bureau consists of the following organiza- 
tional units under the supervision of the designated 
officers : 

Assistant Secretary for' Far 

Eastern Affairs W. Walton Butterworth 

Deputy Assistant Secretary for 

Far Eastern Affairs Livingston T. Merchant 

Executive Director William D. Wright, Jr. 

Intelligence Adviser Cyrus Peake 

Labor Adviser Philip B. Sullivan 

Economic Adviser Merrill C. Gay 

United Nations Adviser Ruth E. Bacon 

Staff Assistant To be announced later 

Offlee of Chinese Affairs (CA) 

Director Philip D. Sprouse 

Deputy Director Fulton Freeman, Acting 

Officer in Charge, Political Af- 
fairs Troy L. Perkins 

Officer in Charge, Economic Af- 
fairs Robert W. Barnett 

Office of Northeast Asian Affairs (NA) 

Director John M. Allison 

Deputy Director U. Alexis Johnson 



Officer in Charge, Japan and So- 
viet Far East Affairs Harold W. Moseley 

Officer in Charge, Korea Affairs . Niles W. Bond 

Officer in Charge, Economic Af- 
fairs i Edward M. Doherty 

Office of Philippine and Southeast Asian Affairs (PSA) 

Director Charles S. Reed 

Deputy Director Richard R. Ely 

Officer in Charge, Thai, Malayan 

and Indochinese Affairs Kenneth P. Landon 

Officer in Charge, Indonesian 

and Pacific Island Affairs— William S. B. Lacy 

Officer in Charge, Philippine 

Affairs John F. Melby 

Officer in Charge, Economic Af- 
fairs Charles J. Shohan 

Public Affairs 

Officer in Charge Bradford Connors 



Address Before International Surgery Meeting 

On October 10 H. Walton Butterworth, Assist- 
ant Secretary- for Far Eastern Affairs, made an 
address before the International Society of Sur- 
gery, which group was holding its meeting in New 
Orleans, Louisiana. The text of Mr. Butter- 
worth's remarks was issued as Department of State 
press release 776 of October 10. 



Correction to Report on 

Military Assistance to Foreign Countries 

In the Bulletin- of September 26, 1949, pages 
480 and 481, under heading C, the first two para- 
graphs should read as follows : 



C. TRANSFERS FROM GOVERNMENT STOCKS 
UNDER THE PLENARY POWERS OF THE PRESIDENT 

The President, acting under his plenary powers of Cliief 
Executive and Commander-in-Chief, for the purpose of 
protecting primary security interests of the United States, 
authorized the transfer of military supplies and equip- 
ment from United States Government stocks to France 
and Italy. The transfer to France under this authority 
consisted of certain ordnance, quartermaster, signal and 
engineer items. In addition a small quantity of new equip- 
ment was procured for the Frencli program. 

The transfer to Italy consisted of small quantities of 
military equipment and supplies, primarily, ordnance and 
signal equipment, which were needed to complete the re- 
equipment of Italian security forces which had been re- 
armed mainly with surplus Allied material in Italy. In 
authorizing this transfer, the limitations imposed upon 
Italy by tlie treaty of peace were scrupulously observed. 



October 31, 1949 



679 



w>tUe^vC^ 



The United Nations and Page 

Specialized Agencies 

Working in the U.X. — A Challenge to Better 
Human Relations. Address by Presi- 
dent Truman 643 

U.S. Urges System of Verification in Control 
of International .\rmaments. Statement 
by Amba.ssador Warren II. Aii.stin , . . 649 

The United Nations and American Security. 

By Deputy Under Secretary Rusk . . . 652 

Conciliation Committee Suspends Activities. 
Letter from the President of the General 
Assembly to the Chairman of Commit- 
tee I 657 

Repatriation of Greek Children 658 

Debate on Violation of Human Rights in 
Eastern Europe Continued. Statement 
by Benjamin V. Cohen 659 

The United States in the United Nations . . 662 

General Policy 

Greek Guerrillas Cease Activities. Statement 

by Secretary .4cheson 658 

Effective International Cooperation Through 
the Organization of American States: 

Statement by President Truman 664 

Reply to the President by Ambassador 

Joseph D. Charles 664 

Conclusions of the Inter-American Peace 
Committee With Reference to the Situ- 
ation in the Caribbean 665 

Problems in American -Foreign Policj'. By 

Secretary Acheson 668 

Greek Citizens of Soviet Origin Deported to 

Soviet Central Asia 670 

The Department of State: A Reflection of 
U.S. Leadership. By Deputy Under Sec- 
retary Peurifoy 671 



Economic Affairs page 

What Does International Standardization 
Mean to the United States? By Joseph 
A. Greenwald 646 



International Organizations 
and Conferences 

U.S. Delegations: 

Military Medicine and Pharmacy Con- 
gress 667 

Ilo: Advisory Committee on Salaried Em- 
ployees 667 

Occupation Matters 

U.S. Rejects Soviet Charges on Policy in Ger- 
many 670 

International Information and 
Cultural Affairs 

Fulbright Exchange Opportunities An- 
nounced 675 

The Department 

The Department of State: A Reflection of 
U.S. Leadership. By Deputy Under 

Secretary Peurifoy 671 

Reorganization of the Department of State . 677 

Bureau of Inter-American Affairs 678 

Bureau of Far Eastern Aff'airs 679 

Publications 

Trading Ideas With the World: Educational 
Advisory Commission Releases Third Re- 
port 674 



U, S GOVEUHMENT PRIHTIMJ OFFICE: 1949 



^Ae/ zlJeha^t^teni/ xw t/taie^ 





OUK GERMAN PROBLEM TODAY • Bv Henry A. Byro<tde 702 

THE BALKAN AND KOREAN PROBLEMS • Statom^nts 

by Benjamin V. Cohen and Charles Fahy 691 



FINANCING AND OPERATION OF AIR NAVK;ATI0N 

SEliXlCES • iriirh-hy f'„..! I n.,.^.i 683 



For complete contents see back cover 



Vol. XM, So. 540 
Nowmbrr 7, 1949 





T.. O' 



*%..,w^^.. bulletin 



Vol. XXI, No. 540 • Plbi.icatio.n 3666 
November 7, 19^9 



For sale by the Superintendent of Documents 

U.S. Oovcrnnient Printing Office 

Washlneton 25, D.C. 

Price: 

82 issues, domestic $6. foreign $8.50 
Single copy, 20 cents 

The printing of this publication has 
been approved by the Director of the 
Bureau of the Budget (February 18, 1949). 

!\'ote: Contents of this publication are not 
copyrighted and items contained herein may 
be reprinted. Citation of the Department 
or State Bulletin as the source will be 
appreciated. 



The Department of State BULLETIN, 
a tceekly publication compiled and 
edited in the DiriKion of Publications, 
Office of Public Affairs, providen the 
public and inttrcsted usencivx of 
the Government tcith information on 
developments in the field of foreign 
relations and on the uork of the De- 
partment of State and the Foreign 
Service. The BULLETL\ includes 
press releases on foreign police' issued 
by the White House and the Depart- 
ment, and statements and addresses 
made by the President and by the 
Secretary of Slate and other officers 
of the Department, as icell as special 
articles on various phases of inter- 
national affairs and the functions of 
the Department. Information is in- 
cluded concerning treaties and in- 
ternational agreements to u-hich the 
United States is or may become a 
party and treaties of general inter- 
national interest. 

Publications of the Department, as 
tcell as legislative material in the field 
of international relations, are listed 
currently. 



t. S. SUPERlHlENOewl 

DEC 14 1949 



U(- UMiuiiiMii* 



FINANCING AND OPERATION OF AIR NAVIGATION SERVICES 



ty Paul T. David 



The rescue operations for the Bermuda Queen, 
forced down 800 miles east of Newfoundland on 
October 14, 1947, brought forcibly to the public 
attention the functions of the North Atlantic 
Ocean stations. 

A 1946 international agreement had established 
13 locations between North America and Europe 
at which stationary vessels were to be posted to 
maintain weather observation, search and rescue, 
and aeronautical communication services. This 
agreement was drawn up for a 3-year period at a 
conference on Icao (International Civil Aviation 
Organization) North Atlantic Ocean stations in 
London in 1946.^ From April 20 to May 12, 1949, 
a second conference was held in London to revise 
and renew that international agreement. 

Increased air traffic between North America and 
Europe had emphasized the need for ocean sta- 
tions. The PicAo (Provisional International Civil 
Aviation Organization) North Atlantic Route 
Service Conference, held in Dublin on March 4, 
1946, officially recognized the need for establish- 
ing, oiDerating, and coordinating these stations. 
The Interim Council of Picao, in June 1946, ap- 
proved the recommendations of the Conference to 
the effect that Picao take action to establish 13 sta- 
tions in the North Atlantic. 

Under the 1946 agreement, the United States 
was to operate 7I/2 of the 13 stations. Until a few 
months ago, funds, ships, and men were available 
for only 5Y2 stations. Other parties to the agree- 
ment included the United Kingdom, France, Can- 
ada, Ireland, the Netherlands, Belgium, Sweden, 
and Norway. Tliese parties had also been delayed 

^For an article by J. Paul Barringer on the 1946 con- 
ference, see Bulletin of Nov. 17, 1946, p. 901. 



in carrying out their terms of the agreement, but 
they had completed their part prior to the 1949 
conference. 

The 1949 conference successfully carried out its 
objectives for stabilizing the program for the fu- 
ture : it reconsidered the technical requirements, 
agreed on a technical, financial, and operating 
program, and drafted and opened for signature a 
new agreement which could be expected to come 
into effect. 

Although the 1946 agreement remained gener- 
ally satisfactory for most of the parties, the United 
States believed that it should be changed in major 
respects. The United States felt strongly that 
fewer than 13 stations could meet the requirements, 
that the vessel requirements for each station should 
be separately appraised and taken into account, 
and that greater recognition should be given to the 
benefits derived by the coastal shipping, agricul- 
ture, and industry of western Europe and north- 
eastern North America from the improved weather 
forecasting made possible by the stations. 

The Conference reluctantly accepted a 10-sta- 
tion network as the program for the future and 
agreed upon the locations indicated by the accom- 
panying map. The locations represent a compro- 
mise between conflicting requirements since the 
stations would be most useful for search and rescue 
and aeronautical communications if located di- 
rectly on major air routes, whereas the most ad- 
vantageous locations for weather observation 
would be somewhat different. The two stations 
nearest the most heavily traveled air route, Gan- 
der-Shannon, are located very nearly on course. 

The Conference readily agreed that in assessing 
operating responsibilities vessel requirements of 



November 7, 1949 



683 



the various stations should be taken into account. 
The vessel requirements were appraised at 25 ves- 
sels, 3 each for Stations A, B, and C, 21/0 each for 
D and E, 2 for H, and a total of 9 for I, J, K, and 
M collectively. These requirements reflect the 
fact that vessels posted at the stations more dis- 
tant from base and in the more unpleasant operat- 
ing locations require longer periods of relief and 
in transit between base and station. 

All were agreed that the relative responsibilities 
of the various participants should be assessed 
mainly in terms of trans-Atlantic airline traffic, 
which is a simple measure of the relative aero- 
nautical benefits that the participants derived. 
The recognition of nonaeronautical benefits, as 
proposed by the United States and Canada, proved 
liighly controversial and agreement could not be 
reached on any specific plan for such recognition. 

The Conference abandoned the effort to arrive 
at precise rules for the assessment of relative re- 
sponsibilities. It did accept a proposal l)y which 
the European states were to provide 9 vessels for 
the 4 stations offshore from Europe and to join in 
the operation of Station A, between Greenland 
and Iceland, for which the Netherlands was to pro- 
vide one vessel. Canada was to continue to pro- 
vide one vessel for Station B, and the United 
States was to provide the remaining 14 vessels 
for Stations A, B, C, D, E, and H. 

The new agreement was opened for signature on 
May 12, 1949, and has been signed on behalf of 
all parties. It will come into eflFect and will super- 
sede the 1946 agreement for the accepting govern- 
ments when accepted by governments responsible 
for not less than 18 of the vessels. It is to remain 
in eflFect until June 30, 1953, unless earlier super- 
seded by tlie next agreement, which is expected to 
be prepared by a conference to be held in 1952. 

The Conference thus succeeded in continuing a 
progi-am which will utilize the combined efforts of 
11 states, 6 of whom, Canada, France, the Nether- 
lands, Norway, the United Kingdom, and the 
United States, will assume operational responsi- 
bilities. Belgium, Denmark, and Sweden are to 
make substantial cash payments to specific Euro- 
pean-operating states. Ireland and Portugal, al- 
though not engaged in trans-Atlantic airline oper- 
ation, will make small cash contributions for the 
general purposes of the program. 

The technical work of the Conference was a 
marked advance from that of the 1946 conference 



and can be expected to have its eflfects in higher and 
more uniform standards of ocean .station opera- 
tion. Unfortunately it is time that a number of 
the participating states have not been able and are 
not willing to provide nonmeteorological services 
to the extent provided by the United States at the 
stations which it operates. The vessels currently 
operated by the European states are typically 
smaller in tonnage and in crew strength than the 
United States vessels. 

The Conference arrived at a substantial reassess- 
ment of operating responsibilities, mainly because 
of the shift from a station basis to a vessel basis 
in the making of assessments. On a vessel basis, 
the United States share came down from 21/33 
to 14/25 of the program, or from 64 to 56 percent, 
with a reduction of one-third, from 21 to 14, in the 
number of vessels to be operated by the United 
States. 

The second conference on North Atlantic Ocean 
stations was one of three conferences on joint fi- 
nancing and operation of air navigation services 
that were held in London from April 20 to Miiy 12, 
1919. The other two were the Ic.\o Conference on 
Air Navigation Services: Greenland and the 
Faroes ; and the Icao Conference on Air Naviga- 
t ion Services : Greece. The three conferences were 
held simultaneously since the problems were inter- 
lelated and the interested governments were 
largly the same. A single delegation represented 
the United States at all three conferences. 

Greenland and the Faroes 

The IcAO Conference on Air Navigation Ser- 
vices: Greenland and the Faroes arose out of 
circumstances very similar to those which led to 
the IcAO Conference on Air Navigation Services in 
Iceland a year earlier.^' The Government of Den- 
mark had given repeated notice that its acceptance 
of the technical recommendations of Icao for 
weather observation stations, communications 
facilities, and radio aids to air navigation in 
(ireenland and for the Loran station in the Faroes 
would be subject to a claim for reimbui-sement 
by the states operating airlines across the North 
Atlantic, pui-suant to the convention on interna- 
tional civil aviation. 

The procedures followed in the present confer- 

' Kear Aciniiial Paul .V. Smith, "Icao Conference on Air 
Navigation Services in Iceland," The Department of State 
Bulletin, February 6, 1940, vol. XX. j). Ifi4. 



684 



Department of State Bulletin 



ence were similar to those in the Iceland case and 
led to similar outcomes. The Conference was 
successful in adopting a final act on May 12, 1949, 
in which it recommended that the interested states 
be assessed in stated amounts for the financing of 
the services, that the states accept such assess- 
ments, and that the Council of Icao enter into an 
appropriate agreement with Denmark. The 
United States assessment will be approximately 
330 thousand dollars annually at the present rate 
of exchange for Danish kroner and is subject to 
adjustment from year to year on an actual cost 
basis. 

The Council of Icao accepted the recommenda- 
tions of the Conference on June 6, 1949, and took 
the necessary action to assess Belgium, Canada, 
France, Iceland, the Xetherlands, Norway, 
Sweden, the United Kingdom, and the United 
States. The agreement between the Council and 
Denmark was approved by the Council on June 
17, 1949, and was signed on behalf of the two 
parties on September 9, 1949. 

The assessments are subject to the consent of 
the states concerned and await their future ac- 



tion. At the Conference, Canada and Norway in- 
dicated reservations for their assessments, and Bel- 
gium also indicated reservations for a part of its 
assessment on special grounds. 

The future success of the arrangement is clouded 
by these reservations, particularly that of Canada, 
whose airlines are among the major users of the 
facilities. The reservation is based upon Canada's 
view that it is already disproportionately bur- 
dened in providing services for North Atlantic 
aviation, particularly since the accession of New- 
foundland. 

The Council of Icao will further consider the 
problem. It does not appear unsurmountable, but 
it does indicate some of the difficulties involved in 
the further implementation of the provisions for 
international financing of air navigation services 
when necessary under the convention on interna- 
tional civil aviation. 

Greece 

The Icao Conference on Air Navigation Serv- 
ices : Greece arose from the request of Greece, first 

(Continued on page 715) 




November 7, 1949 



685 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



International Control of Atomic Energy 



Statement hy the Representatives of Canada, China, 

France, the United Kingdom, and the United States of America 



U.N. doc. A/1050 
Dated Oct. 25, 1949 

On 24 October 1949, the representatives of Can- 
ada, China, France, the Union of Soviet Socialist 
Republics, the United Kingdom and the United 
States of America agreed to send to the Secretary- 
General of the United Nations, for transmission to 
the General Assembly, the following interim re- 
port on the consultations of the six permanent 
members of the Atomic Energy Commission : 

"In paragraph 3 of General Assembly resolu- 
tion 191(111) of 4 November 1948, the represent- 
atives of the Sponsoring Powers, who are the 
Permanent INIembers of the Atomic Energy Com- 
mission, namely, Canada, China, France, the Union 
of Soviet Socialist Republics, the United Kingdom 
of Great Britain and Northern Ireland and the 
United States of America, were requested to hold 
consultations 'in order to determine if there exist 
a basis for agreement on the international control 
of atomic energy to ensure its use only for peaceful 
purposes, and for the elimination from national 
armaments of atomic weapons'. 

"The first meeting took place on 9 August 1949. 
The consultations have not yet been concluded and 
are continuing but, in order to inform the General 
Assembly of the position which has so far been 
reached, the six Sponsoring Powers have decided to 
transmit to it the summary records of the first ten 
meetings." 

It was agreed by the grouj) that any of the rep- 
resentatives of the Governments taking part in 
these consultations retained the right to submit 
to the Assembly their observations on the course 
of the consultations so far. The representatives 

686 



of Canada, China, France, the United Kingdom 
and the United States accordingly submit to the 
General Assembly this statement, which represents 
their joint views, in the hope that it may assist 
the Assembly in its consideration of this problem. 

Basis of Discussion 

It was found desirable to approach these con- 
sultations from the viewpoint of general principles 
rather than specific proposals wliich had been the 
basis of most of the discussion in the United Na- 
tions Atomic Energy Commission. To this end, 
the representative of the Uniteel Kingdom offered 
a list of topics as a basis for discussion. Included 
in this paper was a Statement of Principles relat- 
ing to each topic (Annex I). It was pointed out 
that the United Kingdom Statement of Principles 
was based on the plan approved by the General 
Assembly,^ but at the same time covered the essen- 
tial topics with which any plan for the prohibition 
of atomic weapons and the control of atomic energy 
would have to deal. The list of topics was then 
adopted as the basis for discussion. The repre- 
sentatives of Canada, China. France, the United 
Kingdom and the United States made it clear that 
tlicir Governments accepted the Statement of 
Principles set forth in this pajier and considered 
them essential to any plan of effective prohibition 
of atomic weapons and effective control of atomic 
energy for peaceful purposes. They expressed the 
readiness of their Governments to consider any 
alternative proposals which might be put forward, 
but emphasized that they would continue to sup- 

' See Official Records, AEC, Fourth Year, Special 
Supplement No. 1. 

Department of Stale Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



port the plan approved by the General Assembly 
unless and until proposals were made which would 
provide equally or more effective and workable 
means of control and prohibition. 

Prohibition of Atomic Weapons 

At the request of the Soviet representative, the 
question of the prohibition of atomic weapons was 
taken up first. The texts which served as a basis 
for the discussion were point four of the Statement 
of Principles, and a Soviet amendment submitted 
to i-eplace that text (Annex II) . In the course of 
the discussion, the Soviet representative declared 
that the representatives of all six Sponsoring 
Powers were in agreement in recognizing that 
atomic weapons should be prohibited, and he there- 
fore drew the conclusion that his amendment 
should be accepted. The other representatives 
pointed out that it had always been agreed that the 
production, possession or use of atomic weapons 
by all nations must be pi-ohibited. But it was also 
agreed that prohibition could only be enforced by 
means of an effective system of control. This was 
recognized even in the Soviet amendment, but the 
remainder of the amendment contained a repeti- 
tion of the earlier Soviet proposals for control 
which were deemed inadequate. 

The Soviet representative insisted that two 
separate conventions, one on prohibition and the 
other on control, should be put into effect simul- 
taneously. The other representatives maintained 
that the important point to be resolved was what 
constitutes effective control, and that this control 
had to embrace all uses of atomic materials in 
dangerous quantities. In their view the Soviet 
proposals would not only fail to provide the se- 
curity required but they would be so inadequate 
as to be dangerous. They would delude the 
peoples of the world into thinking that atomic 
energy was being controlled when in fact it was 
not. On the other hand, under the approved plan, 
the prohibition of the use of atomic weapons would 
rest not only on the pledge of each nation, but no 
nation would be permitted to possess the materials 
with which weapons could be made. Further- 
more, the Soviet Government took an impracti- 
cable stand as regards the question of timing or 
stages by which prohibition and control would 
be brought into effect. 

Stages for Putting Into Effect 
Prohibition and Control 

On this topic, the Soviet representative main- 
tained that the entire system of prohibition and 
control must be put into effect simultaneously over 
the entire nuclear industry. 

The representatives of the other Powers pointed 
out that this would be physically impossible. The 

November 7, 1949 



development of atomic energy is the world's new- 
est industry, and already is one of the most com- 
plicated. It would not be reasonable to assume 
that any effective system of control could be in- 
troduced and enforced overnight. Control and 
prohibition must, therefore, go into effect over a 
period of time and by a series of stages. 

The plan approved by the General Assembly 
on 4 November 1948 does not attempt to define 
what the stages should be, the order in which 
they should be put into effect, or the time which 
the whole process of transition would take. The 
reason for this is that no detailed provisions on 
stages could be drawn up until agreement is 
reached on what the control system should be, and 
the provisions would also depend on the state of 
development of atomic energy in the various coun- 
tries at the time agreement is reached. Until 
then, detailed study of the question of stages would 
be unrealistic. 

Meanwhile, the approved plan covers the ques- 
tion of stages in so far as it can usefully be car- 
ried at present. The plan provides that the sched- 
ule of stages of application of control and pro- 
hibition over all the many phases of the entire 
nuclear industry is to be written into the treaty, 
with the United Nations Atomic Energy Commis- 
sion as the body to supervise their orderly im- 
plementation. No other commitment or position 
on this question is contained in the approved plan. 

Control 

(a) Means of Control 

The Soviet representative insisted, as in the 
past, that any plan of control, to be acceptable to 
the Soviet Union, must be based on the Soviet 
proposals for control, originally put forward in 
June 1947 (Document AEC/24, 11 June 1947), 
which i^rovide for periodic inspection of nation- 
ally owned plants producing or using atomic mate- 
rials, when declared to an international control 
organ by the Governments concerned. 

The representatives of Canada, China, France, 
the United Kingdom and the United States re- 
called that the nuclear fuels produced or used in 
such plants are the very nuclear explosives used 
in the manufacture of weapons. A new situation 
therefore was created in the field of armaments 
where the conversion of a peaceful industry into 
a war industry could take place rapidly and with- 
out warning. 

In dealing with such materials a system of con- 
trol depending merely on inspection would be in- 
effective. For ordinary chemical or mineral sub- 
stances and their processing inspection might pro- 
vide adequate guarantees, but atomic development 
presented special problems which could not be 
solved in this way. Materials used in the develop- 
ment of atomic energy were highly radioactive 
and could not, therefore, be handled except by 
remote control. The process of measuring atomic 
fuels was extremely intricate and, at the present 

687 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



stage of our kiiowlftlge, subject to appreciable 
error. It would be impracticable to rely on the 
inspection of plants and impossible to check the 
actual amounts of atomic materials inside piles 
or reactors against the amounts shown in the 
records. 

A system of inspection alone would not prevent 
the clandestine diversion of atomic materials to 
war purposes from plants designed for peaceful 
use and would provide no guarantee that, in spite 
of any treaty, a nation wliich was determined to 
continue the secret manufacture of atomic weapons 
would be prevented from doing so. A plan based 
on periodic inspection, on which the Soviet Union 
insists, would be even less adequate than one based 
on continuous inspection. 

The Soviet representative dismissed these argu- 
ments as exaggerated or non-existent. 

Since there was evidence that an atomic explo- 
sion had been produced in the Soviet Union, the 
Soviet representative was asked whether he had 
any new evidence derived from Soviet experience 
to support his contention that periodic inspection 
would be sufficient to assure control. No answer 
has vet been received to this question. 

The five Powers remain convinced that any sys- 
tem of inspection alone would be inadequate and 
that in order to provide security the International 
Control Agency must itself operate and manage 
dangerous facilities and must hold dangerous 
atomic materials and facilities for making or 
using dangerous quantities of such materials in 
trust for Member States. 

(b) Ownership 

During the consultations, the question of own- 
ership, wliich has often been represented as the 
real obstacle to agi'eement on control, was the 
subject of an extended exchange of views. 

The Soviet representative argued that interna- 
tional management and operation were equivalent 
to international ownership; and that neither inter- 
national ownersliip nor international management 
and operation was essential to control. He stated 
that liis (iovernnient would not accept either. 

The representatives of the other Sponsoring 
Powers refuted the interpretation put by the 
Soviet representative on ownership, nianageinent 
and operation. For the reasons given they be- 
lieved that the nianageinent and operation of 
dangerous facilities must be entrusted to the In- 
ternational Agency. Management and operation 
were clearly among the more important rights 
conferred by ownership. Since effective control 
would be impossible unless these rights were exer- 
cised by the Agency, the nations on whose terri- 
tories such facilities were situated would have to 
renounce inqiortaiit rights nonually conferred by 
ownership. Thisdid not necessarily mean the com- 
plete devolution of the rights of ownership to the 



Agency ; for example, the Agency would not have 
the right arbitrarily to close atomic power plants; 
it would have to conform to national legislation 
as regards public health and workinu c(mditions; 
it could not construct plants at will but only in 
agreement with the nation concerned. Moreover, 
the Agency would not be free to determine the 
production policy for nuclear fuel since this 
would follow provisions to be laid down in ad- 
vance in the treatj'. The treaty would also deter- 
mine the quotas for production and consumption 
of atomic fuel. Finally, the Agency would hold 
materials and facilities in trust and would not 
therefore be able to manage or dispose of them 
arl)itrarily or for its own profit but only for the 
benefit of Member States. 

There might well be other rights which would 
normally be conferred by ownership and which 
were not specifically mentioned in the approved 
plan. Their disposition would follow a simple 
principle. If there were rights, the exercise of 
whicli could impair the effectiveness of control, 
individual nations would be required to renounce 
them. Otherwise they might retain them. 

If individual nations agreed to renounce na- 
tional ownership of dangerous atomic materials 
and the right of managing and operating plants 
making or using them, in favor of an International 
Agency acting for the international community, 
such agreement would be on the basic principle, 
and there would be no need to quarrel over termi- 
nology. 

(c) Sovereignty 

A further argument put forward by the Soviet 
representative was that to confer on any inter- 
national agency the powers suggested in the State- 
ment of Principles would constitute a gi'oss 
infringement of national sovereignty and would 
permit the International Agency to interfere in 
the internal economy of individual nations. 

In answer to this argument it was pointed out 
that any plan for international prohibition and 
control must involve some surrender of sover- 
eignty. The representatives of the other Powers 
argued that it was indefensible to reject a plan 
for the international control of atomic energy on 
the jiurely negative ground that it would infringe 
national sovereignty. The ideal of international 
co-operation and. indeed, the whole concept on 
whicli the United Nations was based would be 
meaningless if States insisted on the rigid main- 
tenance of all their sovereign rights. The ques- 
tion was not one of encroachment on sovereignty, 
but of assuring the security of the world, which 
could only be attained by the voluntary associa- 
tion of nations in the exercise of certain rights of 
sovereignty in an open and co-operating world 
community. 

The Soviet representative remarked that, while 
some representatives had stated that their Govern- 
ments were prepared to waive sovereignty pro- 



688 



Department of State Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



vided that the majority plan was accepted, the 
Government of the USSR would not agree to do 
so. 

Basic Obstacles in the Way of Agreement 

It appears from these consultations that, as in 
the past, the Soviet Union will not negotiate ex- 
cept on the basis of the principles set forth in the 
Soviet proposals of June 1947. 

The essential points in the Soviet control pro- 
posals, and the reasons for their rejection by the 
other five Powers, as brought out in the consul- 
tations, are as follows : 

The Soviet Union proposes that nations should 
continue to own explosive atomic materials. 

The other five Powers feel that under such 
conditions ther would be no effective protec- 
tion against the sudden use of these materials 
as atomic weapons. 

The Soviet Union j)roposes that nations con- 
tinue, as at present, to own, operate and manage 
facilities making or using dangerous quantities of 
such materials. 

The other Five powers believe that, under such 
conditions, it would be impossible to detect 
or prevent the diversion of such materials for 
use in atomic weapons. 

The Soviet Union proposes a system of control 
depending on periodic inspection of facilities the 
existence of which the national Government con- 
cerned reports to the international agency, supple- 
mented by special investigations on suspicion of 
treaty violations. 

The other five Powers believe that periodic 
inspection would not prevent the diversion of 
dangerous materials and that the special in- 
vestigations envisaged would be wholly insuf- 
ficient to prevent clandestine activities. 

Other points of difference, including Soviet 
insistence on the right to veto the recommenda- 
tions of the International Control Agency, have 
not yet been discussed in the consultations. 

Conchisions 

These consultations have not yet succeeded in 
bringing about agreement between the U.S.S.R. 
and the other five Powers, but they have served to 
clarify some of the points on which there is 
disagreement. 

It is apparent that there is a fundamental differ- 
ence not only on methods but also on aims. All 
of the Sponsoring Powers other than the U.S.S.K. 
put world security first and are prepared to accept 
innovations in traditional concepts of interna- 



tional co-operation, national sovereignty and eco- 
nomic organization where these are necessary for 
security. The Government of the U.S.S.R. put its 
sovereignty first and is unwilling to accept meas- 
ures which may impinge upon or interfere with 
its rigid exercise of unimpeded state sovereignty. 
If this fundamental difference could be over- 
come, other differences which hav-e hitherto ap- 
peared insurmountable could be seen in true 
pers^jective, and reasonable ground might be found 
for their adjustment. 

23 Octoler 19k9. 

ANNEX I 

List of Topics and Statement of Principles Pre- 
pared hy the Representative of the United 
Kingdom of Great Britain and Northern 
Ireland 

1. International system of control: 

( a ) There should be a strong and comprehensive inter- 
national system for the control of atomic energy and the 
prohibition of atomic weapons, aimed at attaining the 
objectives set forth in the resolution of the General As- 
sembly of 24 January 1946. Such an international system 
should be established, and its scope and functions defined 
by an enforceable multilateral treaty in which all nations 
should participate on fair and equitable terms. 

(b) Policies concerning the production and use of atomic 
energy which substantially affect world security should 
be governed by principles established in the treaty. Pro- 
duction and other dangerous facilities should be dis- 
tributed in accordance with quotas and provisions laid 
down in the treaty. 

2. International Control Agency: 

(a) There should be established, within the framework 
of the Security Coiincil, an international control agency, 
deriving its powers and status from the treaty under which 
it is established. The Agency should possess powers and 
be charged with responsibility necessary and appropriate 
for the prompt and eCCective discharge of the duties im- 
posed upon it by the terms of the treaty. Its powers should 
be sufficiently broad and flexible to enable it to deal with 
new developments that may hereafter arise in the field of 
atomic energy. 

(b) The personnel of the Agency should be recruited on 
an international basis. 

(c) The duly accredited representatives of the Agency 
should be afforded unimpeded rights of ingress, egress and 
access for the performance of their inspections and other 
duties into, from and within the territory of every partici- 
pating nation, unhindered by national or local authorities. 

3. Exchange of information: 

(a) The Agency and the participating nations should 
be guided by the general principle that there should be 
no secrecy concerning scientific and technical information 
on atomic energy. 

(b) The Agency should promote among all nations the 
exchange of basic scientific information on atomic energy 
for peaceful ends. 

4. Prohihition of atomic weapons: 

(a) International agreement to outlaw the national 
pioduction and use of atomic weapons is an essential 
part of this international system of control. 

(b) The manufacture, possession and use of atomic 
weapons by all nations and by all persons under their 
jurisdiction should be forbidden. 



November 7, ?949 



689 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Conlinued 



(c) Any existing stocks of atomic weapons should be 
disposed of, and proper use stiould be made of nuclear 
fuel for peaceful purposes. 

5. Development of atomic energy: 

(a) The development and use of atomic energy even 
for peaceful purposes are not exclusively matters of 
domestic concern of individual nations, but rather have 
predominantly international implications and repercus- 
sions. The development of atomic energy must be made 
an international co-operative enterpri.se in all its phases. 

(b) The Agency should have positive research and de- 
velopmental responsibilities in order to remain in the 
forefront of atomic knowledge so as to render itself more 
effective in promoting the beneficial uses of atomic energy 
and in eliminating the destructive ones. 

(c) The Agency should obtain and maintain informa- 
tion as complete and accurate as possilile concerning world 
supplies of source material. 

6. Control over atomic materials and facilities: 

(a) The Agency should hold all atomic source ma- 
terials, nuclear fuels and dangerous facilities in trust 
for the participating nations and be responsible for ensur- 
ing that the provisions of the treaty in regard to their 
disposition are executed. 

(b) The Agency should have the exclusive right to 
operate and manage all dangerous atomic facilities. 

(c) In any matters affecting security, nations cannot 
have any proprietary right or rights of decision arising 
therefrom over atomic source materials, nuclear fuels or 
dangerous facilities located within their territories. 

(d) The Agency must be given indisputable control of 
the source materials promptly after their separation 
from their natural deposits, and on taking possession 
should give fair and equitahlo compensation determined 
by agreement with the nation concerned. 

(e) Activities related to atomic energy, which are non- 
dangerous to security, such as mining and milling of 
source material, and research, may be operated by na- 
tions or persons under license from the Agency. 

7. Means of detecting and preventing clandestine 

activities : 

The Agency should have the duty of seeking out any 
clandestine activities or facilities involving source ma- 
terial or nuclear fuel ; to this end it should have the power 
to require reports on relevant matters, to verify these re- 
ports and obtain such other information as it deems 
necessary by direct inspection or other means, all subject 
to appropriate limitations. 

8. Stages: 

The treaty should embrace the entire programme for 
putting the International system of control into effect, 
and should provide a schedule for the completion of the 
transitional process over a period of time, step by step, 
in an orderly and agreed sequence leading to the full and 
effective establishment of international control of atomic 
energy and prohibition of atomic weapons. 



ANNEX II 

Amendments Submitted by the Representative of 
the Union of Soviet Socialist Republics to Point 
Jf. of the List of Topics Prepared by the Represent- 
ative of the United Kingdom of Great Britain 
and Northern Ireland 



4. Prohibition of atomic weapons: 

(a) An international convention outlawing the pro- 
duction, use and possession of atomic weapons is an 
essential part of any system of international control of 
atomic energy. In order to be effective such a convention 
should be supplemented by the establishment of a uni- 
versal .system of international control, including Inspec- 
tion to ensure that the provisions of the convention are 
carried out and "to protect States observing the conven- 
tion from iHissilile violations and evasions". 

(b) The Atomic Energy Commission should forthwith 
proceed to prepare a draft convention for the prohibition 
of atomic weapons and a draft convention on control of 
atomic energy, on the understanding that both conven- 
tions should be concluded and brought into effect 
simultaneously. 

(c) Atomic weapons should not be used in any circum- 
stances. The production, possession and use of atomic 
weapons by any State, agency or person whatsoever 
should be prohibited. 

(d) All existing stocks of finished and unfinished 
atomic weapons should be destroyed within three months 
of the date of entry into force of the convention for the 
prohibition of atomic weapons. Nuclear fuel contained 
in the said atomic weapons should be used for peaceful 
purposes. 



United Nations Documents: 
A Selected Bibliography' 



Atomic Energy Commission 

Index to Documents of the Atomic Energy Commission, 
General Assembly and Security Council on the Sub- 
ject of the International Control of Atomic Energy 
and the Prohibition of Atomic Weapons. 1 .lannary 
1!)4G to .30 June 1949. AEC/C.1/81. July 15, 1949. 
94 pp. mimeo. 

Security Council 

Decisions Taken and Resolutions Adopted by the Security 
Council from Its First Meeting on 17 January 194G to 
31 December 1948. S/INF/2. July 18, 1949. 80 pp. 
mimeo. 

Letter Dated 4 August 1949 from the Chairman of the 
Commission for Conventional Armaments Addressed 
to the President of the Security Council Transmitting 
a Working Paper and Other Documents. S/1372. 
August 9, 1949. 10 pp. mimeo. 

United Nations Commission for Indonesia. First Interim 
Report of the Commission to the Security Council. 
S/1373. August 10, 1949. 108 pp. mimeo. 

Letter Dated 11 August 194!) from the Representatives of 
the United Kingdom and the United States of America 
to the President of the Security Council Transmitting 
the Report of the Administration of the Rritish- 
United States Zone of the Free Territory of Trieste, 
1 April to 30 June 1949. S/1374. August 11, 1949. 
33 pp. mimeo. 

' Printed materials may be secured in the United States 
from the International Documents Service. Columbia Uni- 
versity Press, 29G0 Broadway, New York 27. N.Y. Other 
materials (mimeographed or processed documents) may 
be consulted at certain designated libraries in the United 
States. 



690 



Department of State Bulletin 



Problem of Human Rights in the Balkans 



EXCERPTS FROM A STATEMENT BY 
BENJAMIN V. COHEN 1 

We are again called upon to consider the ques- 
tion of the observance of human rights and funda- 
mental freedoms in Bulgaria, Hungary, and 
Rumania. 

Last spring the whole world was shocked by 
the trials and strange confessions of Cardinal 
Mindszenty in Hungary and the Protestant pas- 
tors in Bulgaria. The Assembly then expressed 
its deep concern in the cliarges made by my 
government and other governments regarding the 
violation of human rights and fundamental free- 
doms in these countries, and endorsed the applica- 
tion by the signatories to the peace treaties of 
the treaty procedures to insure the observance of 
these rights and freedoms. 

In accordance with the Assembly's resolution 
of last spring, the United States, the United 
Kingdom, Australia, Canada, and New Zealand 
have endeavored to apply the treaty procedures. 
But the Soviet Union has refused to cooperate in 
having the charges of treaty violation considered 
by the three Heads of Mission of the Soviet Un- 
ion, the United Kingdom, and the United States, 
as the treaties provide. Moreover the govern- 
ments of Bulgaria, Hungary, and Rumania have 
refused to cooperate in setting up treaty com- 
missions to consider these charges, notwithstand- 
ing the fact that the treaties provide that such 
commissions should be set up whenever the Heads 
of Missions are unable to resolve any dispute. 

The resolution now before use, as approved by 
the Ad Hoc Political Conamittee, would have the 
Assembly express its deep and continuing concern 
regarding the charges of the violation of human 
rights and fundamental freedoms in these coun- 
tries and its further concern regarding the failure 
of these countries to cooperate in the effort, under- 
taken here in the Assembly, to pi-omote a solution. 

Since Bulgaria, Hungary, and Rumania have 
claimed that the treaty procedures are not legally 
applicable to these disputes, the resolution re- 

' Made before the plenary session of the General Assem- 
bly on Oct. 21, 1949, and released to the press by the U.S. 
delegation to the General Assembly on the same date. 
Mr. Cohen is alternate U.S. representative to the General 

Assembly. 



quests an advisory opinion from the International 
Court of Justice to determine (1) whether the 
treaty procedures apply to these disputes, (2) 
whether the ex-enemy countries are obligated to 
cooperate in the carrying out of these procedures, 
(3) whether the Secretary-General is authorized 
to appoint the third member of a treaty commis- 
sion if requested to do so by one of the parties to 
the dispute under the treaties, and (4) whether 
a commission composed of a representative of one 
party and a third member appointed by the Sec- 
retary-General constitutes a commission compe- 
tent to settle the dispute if the other party fails 
to appoint its representative. In seeking to have 
the court advise the Assembly whether a treaty 
commission composed of two members can act if 
one of the parties refuse to participate, we are not 
trying to exclude any party from its right to 
participate in the proceeding. The question is 
whether one party may make a scrap of paper of 
its agreement to arbitrate by refusing to ajjpoint 
its arbitrator. 

When the Court gives its opinion, it should be 
clear beyond a reasonable doubt whether the 
treaty procedures can be used legally and effec- 
tively to secure a definitive decision on the observ- 
ance of human rights and fundamental freedoms 
in these countries. 

The resolution also provides that this matter 
shall be retained on the agenda of the next regular 
session so that the Assembly may decide in light 
of the Court's opinion and the actions of the 
parties what, if any, further steps should be taken 
by the Assembly. 

Those who oppose the proposed resolution in the 
Committee argued that in their judgment the 
charges of treaty violations against the three for- 
mer enemy countries are without foundation. 
They further argued that the treaty procedures 
do not cover these charges. Their arguments can- 
not alter the fact that we have made these charges 
in good faith believing them to be valid, that we 
have asserted that in our judgment the treaty pro- 
cedures are applicable to these charges, and that 
a party to the treaty does not have a right by its 
own default to frustrate the operation of the treaty 
procedures. 



November 7, 1949 



691 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



But since these arguments weie ailviinced and 
since we are committed to the peaceful settlement 
of disputes, it is eminently proper for the Assembly 
to assist the parties through seeking the disinter- 
ested and objective advice of the International 
Court of Justice as to whetlier the treaty 
procedures apply and how they are to operate. 

The United Nations is based on the principle of 
peaceful settlement of differences and respect for 
international oblieations. There clearly exist 
serious differences net ween Bulgaria, Hungary, 
and Rumania on one hand and a number of mem- 
ber states on the other. Yet, the three govern- 
ments rejected an invitation bj' the General As- 
sembly to appear before this Assembly to state 
their own case as they see it and to cooperate 
with the Assembly in its efforts to adjust differ- 
ences which have profoundly disturbed public 
opinion throughout the world. These same three 
governments have refused to participate in the 
Peace Treaty procedures. The Soviet Union has 
also refused to play its part in these procedures. 
This is a pattern of non-cooperation and lack of 
respect for the United Nations and for interna- 
tional obligations which cannot but cause deep 
anxiety to the members of the international 
community. 

It is significant that last spring those who op- 
posed the Assembly's putting this question upon 
the agenda urged that such disputes as might exist 
should be adjusted through the means of settlement 
provided by the Peace Treaties. 

What purpose is there to negotiate procedures 
for the settlement of disputes if when a dispute 
actually arises, a party refuses to submit to such 
procedures? It is particularly significant to us 
that at the same time that the Soviet Union is un- 
willing to employ the existing treaty procedures it 
should be proposing further treaties and further 
so-called peace pacts. In our view there is no 
purpose in making treaties unless they are to be 
carried out. Pa-cta servanda sunt. Treaties 
should serve as instruments of law and orderly 
adjustment of relations among states. In our 
view treaties are not, and should not be used as, 
instruments of propaganda. We are opposed to 
the facade theory of treaties under which states 
render lip service to important principles and then 
instead of accepting safeguards for the observance 
of these principles devise easy means of escape 
and evasion. 

We must face the facts in their disturbing 
clarity. Human rights, in our judgment, are 
being deliberately and sy.stematically violated in 
Bulgaria, Hungary, and Rumania where a mi- 
nority group has seized the instrumentalities of 
government through force and intimidation and 
seeks to maintain it.self in power by the suppres- 
sion of all independent thought and opinion. 



This is not a question of social and economic prog- 
ress under this or that political system. Here we 
are confronted with the re.sults, in the three coun- 
tries, of the world-wide effort by the Soviet Union 
to use the world Communist movement as an in- 
strument for carrying out by force and stealth its 
own imperialist objectives. It is this policy of 
the Soviet Union that makes it difficult for free 
countries to protect their democratic institutions 
through democratic processes. P^ven the Com- 
munist countries which do not completely sub- 
ordinate their own policy and their own interest 
to those of the Soviet Union find themselves sub- 
jected to threats and intimidation. It is this 
policy that has spread the lethargy of despotism 
over Eastern Europe. Men lacking in conHdence 
in the genuine vitality of their own ideas forsake 
the paths of reason and freedom and resort to the 
eternally discredited and illusory sliort cuts of 
tyranny and foi'ce. Even while we are transact- 
ing our business here, the reports come to us re- 
garding waves of a new despotism sweeping over 
the once-free CzechoslovaKia which Thomas 
Masaryk reforged from the ruins of an ancient 
oppression, sweeping over the Czechoslovakia of 
our recent coworkers for peace, Eduard Benes and 
Jan Masaryk. 

We realize that this problem as the other great 
problems of the postwar era is not susceptible to 
any dramatic speedy solution. But there can be 
no advance toward a solution, however gradual it 
may be, without a universal recognition that in 
one form or another, governments to have a moral 
base must rest on the continued consent of the gov- 
erned. 

If in fulfillment of our joint responsibilities to 
the peoples of Bulgaria, Hungarj', and Rumania 
we could only work together to agree upon mini- 
mum common standards of human rights and the 
dignity of the human person, we might thereby 
immeasurably strengthen the foundation on which 
we hoi)e to build enduring peace. 

In the end, the success of our efforts for better 
and more friendly international relations, in fact 
the success of all eft'orts to make the I'nited Na- 
tions live and grow, is dependent upon our ability 
to eliminate all forms of tyranny over the mind 
and soul of men. 



TEXT OF RESOLUTION 

f'oiilaiiK'il in U. N. doc. A/lO'J.'i 
Kesdlution adopted Oct. 22, 1949 

Whereas the United Nations pursuant to Article Tio of 
the Charter sliall promote universal respect for, and 
observance of, human rights and fundamental freedoms 
for all without distinction as to race, sex, language or 
religion, 

WiiERE.vs the General Assembly at the Second I'art of 
its third regular session considered the question of the ob- 
servance in Bulgaria and Hungary of human rights and 
fundamental freedoms. 



692 



Department of Stale Bulletin 



Whereas the General Assembly, on 30 April 1949, 
adopted resolution 272 (III) concerning this question in 
which it expressed its deep concern at the grave accusa- 
tions made against the Governments of Bulgaria and 
Hungary regarding the suppression of human rights and 
fundamental freedoms in those countries ; noted with sat- 
isfaction that steps had been taken by several States sig- 
natories to the Peace Treaties with Bulgaria and Hungary 
regarding these accusations ; expressed the hope that 
measures would be diligently applied, in accordance with 
the Treaties, in order to ensure respect for human rights 
and fundamental freedoms ; and most urgently drew the 
attention of the Governments of Bulgaria and Hungary to 
their obligations under the Peace Treaties, including the 
obligation to co-operate in the settlement of the question, 

Whereas the General Assembly has resolved to con- 
sider also at the fourth regular session the question of 
the observance in Rumania of human rights and funda- 
mental freedoms. 

Whereas certain of the Allied and Associated Powers 
signatories to the Treaties of Peace with Bulgaria, Hun- 
gary and Rumania have charged the Governments of 
tliose countries with violations of the Treaties of Peace 
and have called upon those Governments to take remedial 
measures. 

Whereas the Governments of Bulgaria, Hungary and 
Rumania have rejected the charges of Treaty violations, 

Wheireas 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 Bucharest, in pursuance of certain 
provisions in the Treaties of Peace, 

Whereas the Governments of these Allied and Associ- 
ated Powers have called upon the Governments of Bul- 
garia, Hungary and Rumania to join in appointing Com- 
missions pursuant to the provisions of the respective 
Treaties of Peace for the settlement of disputes concern- 
ing the interpretation or execution of these Treaties, 

Whereas the Governments of Bulgaria, Hungary and 
Rumania have refused to appoint their representatives to 
the Treaty Commissions, maintaining that they were 
under no legal obligation to do so. 

Whereas the Secretary-General of the United Nations 
is authorized by the Treaties of Peace, upon request by 
either party to a dispute, to appoint the third member of a 
Treaty Commission if the parties fail to agree upon the 
appointment of the third member. 

Whereas it is important for the Secretary-General to 
be advised authoritatively concerning the scope of his 
authority under the Treaties of Peace, 

The General Assembly 

1. Expresses its continuing interest in and its increased 
concern at the grave accusations made against Bulgaria, 
Hungary and Rumania. 

2. Records its opinion that the refusal of the Govern- 
ments of Bulgaria, Hungary and Rumania to co-operate 
in its efforts to examine the grave charges with regard to 



the observance of human rights and fundamental free- 
doms justifies this concern of the General Assembly about 
the state of affairs prevailing in Bulgaria, Hungary and 
Rumania in this respect ; 

3. Decides to submit the following questions to the In- 
ternational Court of Justice for an advisory opinion : 

"I. Do the diplomatic exchanges between Bulgaria, 
Hungary and Rumania on the one hand and certain Allied 
and Associated Powers signatories to the Treaties of 
Peace on the other, concerning the implementation of 
article 2 in the Treaties with Bulgaria and Hungary and 
article 3 in the Treaty with Rumania, disclose disputes 
subject to the provisions for the settlement of disputes 
contained in article 36 of the Treaty of Peace with Bul- 
garia, article 40 of the Treaty of Peace with Hungary, 
and article 38 of the Treaty of Peace with Rumania?" 

In the event of an affirmative reply to question I : 

"II. Are the Governments of Bulgaria, Hungary and 
Rumania obligated to carry out the provisions of the 
articles referred to in question I, including the provisions 
for the appointment of their representatives to the Treaty 
Commissions?" 

In the event of an affirmative reply to question II and if 
within thirty days from the date when the Court delivers 
its opinion the Governments concerned have not notified 
the Secretary-General that they have appointed their 
representatives to the Treaty Commissions, and the Secre- 
tary-General has so advised the International Court of 
Justice : 

"III. If one party fails to appoint a representative to a 
Treaty Commission under the Treaties of Peace with Bul- 
garia, Hungary and Rumania where that party is obli- 
gated to appoint a representative to the Treaty Commis- 
sion, is the Secretary-General of the United Nations au- 
thorized to appoint the third member of the Commission 
upon the request 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 appointed 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 deci- 
sion in settlement of a dispute?" 

4. Requests the Secretary-General to make available to 
the International Court of Justice the relevant exchanges 
of diplomatic correspondence communicated to the Secre- 
tary-General for circulation to the Members of the United 
Nations and the records of the General Assembly proceed- 
ings on this question ; 

5. Decides to retain on the agenda of the fifth regular 
session of the General Assembly the question of the ob- 
servance of human rights and fundamental freedoms In 
Bulgaria, Hungary and Rumania, with a view to ensur- 
ing that the charges are appropriately examined and dealt 
with. 



November 7, 1949 



693 



The Problem of the Independence of Korea 



STATEMENT BY CHARLES FAHY ' 

The General Assembly is fulfilling its highest 
function when it speaks or acts on behalf of the 
independence of peoples and of governments. 
This is the present case, the case of Korea. The 
Ad Hoc Political Committee, as the first action 
of this session of an important political matter, 
overwhelmingly resolved that the United Nations 
Commission on Korea should continue. The 
United States urges that the General Assembly 
now affirm the action of the Committee. 

It is approximately 2 years since the General 
Assembly adopted its resolution of November 14, 
1947, designed to bring about the creation of a 
government in Korea representing the people of 
that country, who were promised liberation and 
freedom as a consequence of the defeat of Japan. 
In the part of Korea south of the 38th Parallel, 
under United Nations observation, a free election 
was held. The Government of the Republic of 
Korea was established. American occupation 
forces were withdrawn. The lawful character of 
the new government was acknowledged by the 
Third General Assembly, at Paris, and that gov- 
ernment has since been recognized by more than 
20 member states of the United Nations. 

No free election was permitted north of the 38th 
Parallel. There one-third of the people and one- 
half of the area of the country are behind a barrier 
erected by a puppet government, supported by the 
Soviet Union. The representatives of the United 
Nations are excluded and the authoi-ity of the 
General Assembly is flouted. A vast propaganda 
campaign is waged against tlie representative gov- 
ernment chosen freely by the people in the area 
opened to United Nations observation south of the 
38th Parallel. 

The United Nations Commission on Korea, 
established at the third session of the General 
Assembly, has made a comprehensive report. It 
points out the threat of conflict, of explosive inci- 
dents, of the continuation of social, economic, and 
political barriers, of lack of unification. There is 

' Made in plenary session on Korea on Oct. 20, and re- 
leased to the press by the U.S. delegation to the General 
Assembly on the same date. Mr. Faliy is the U.S. alter- 
nate representative to the General Assembly. 

694 



danger of a cruel civil war growing out of the 
bellicose manifestations of those who dominate 
north Korea. 

The present resolution was adopted by the Ad 
Hoc Political Committee to continue a United 
Nations Commission in Korea in aid of maintain- 
ing peace and furthering the unification and inde- 
pendence of Korea. So long as there exists in 
Korea the spirit of incitement to armed combat, 
and so long as upon occasion such conflict in fact 
occurs, the purpo.se of the General Assembly to 
bring about the unification and complete inde- 
pendence of Korea under a single national govern- 
ment, set up under the scrutiny of the Assembly's 
Conmiission, is endangered, as is also the safety 
and well-being of the Republic of Korea, and that 
of all its inhabitants. It is for this reason that the 
Committee resolution provides that the new Com- 
mission shall observe and rejjort any developments 
wliicli iniglit lead to or otherwise involve military 
conflict in Korea. It is our view that a commis- 
sion empowered to act in this field will serve as an 
important stabilizing and deterrent influence, and 
that in the event conflict should occur, the United 
Nations would have at hand testimony from a duly 
constituted agency regarding its nature and origin, 
and regarding the responsibility for its occurrence. 

There remains also the important task of work- 
ing toward the realization of unity and independ- 
ence for all Korea. The Committee resolution pro- 
vides means whereby, in case the threat of military 
conflict should be suspended or mitigated, the 
Commission may assist in the establishment of a 
single national goverinnent over an undivided 
country. The Commission is to seek to facilitate 
tlic removal of barriers to friendly intercourse in 
Korea, and to make its good oflices available and be 
prepared to assist, whenever in its judgment a 
favorable opportunity arises, in bringing about 
the unification of Korea in accordance with the 
principles endorsed by the General Assembly. Its 
autliority to utilize the services and good oflices of 
persons whether or not representatives on the 
Commission, is designed to give it the broadest 
possible facilities in carrying out these functions. 

We believe that a commission having these pow- 
ers will be able to contribute .substantially, in a 
manner appropriate in the light of present condi- 

Deparfmenf of Sfafe Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



tions in Koi-ea, to the final solution of the problem 
of the independence of that country, through the 
establishment of a national government acting by, 
and on behalf of, the will of a united people. We 
accordingly support the Committee resolution, 
and of course shall vote against the Soviet draft 
resolution which was rejected in Committee by an 
overwhelming vote. We strongly recommend the 
Committee resolution to the favorable considera- 
tion of other delegations as an expression of the 
purpose of the General Assembly to promote the 
independence of a long-suffering and valiant peo- 
ple whom we should aid to achieve what so many 
of us enjoy — fi-eedom and independence. 



RESOLUTION OF THE GENERAL ASSEMBLY 

U.N. Doe. A/1039 
Adopted Oct. 21, 1949 

The General Assembly, 

Having regard to its resolutions 112 (II) of 14 Novem- 
ber 1947 and 195 (III) of 12 December 1948 concerning 
the problem of the independence of Korea, 

Having considehed the report of the United Nations 
Commission on Korea, and having taken note of the con- 
clusions reached therein, 

Mindful of the fact that, due to difficulties referred to 
In the report of the Commission, the objectives set forth 
in the resolutions referred to have not been fully accom- 
plished, and in particular that the unification of Korea and 
the removal of barriers to economic, social and other 
friendly intercourse caused by the division of Korea have 
not yet been achieved. 

Having noted that the Commission has observed and 
verified the withdrawal of United States occupation 
forces, but that it has not been accorded the opportunity 
to observe or verify the reported withdrawal of Soviet 
occupation forces. 

Recalling its declaration of 12 December 1948 that 
there has been established a lawful government (the 
Government of the Republic of Korea) having effective 
control and jurisdiction over that part of Korea where 
the United Nations Temporary Commission on Korea was 
able to observe and consult and in which the great ma- 
jority of the people of Korea reside ; that this Government 
is based on elections which were a valid expression of the 
free will of the electorate of that part of Korea and which 
were observed by the Temporary Commission ; and that 
this is the only such Government in Korea, 

Concerned lest the situation described by the Commis- 
sion in its report menace the safety and well-being of the 
Republic of Korea and of the people of Korea and lead to 
open military confiict in Korea, 1. Resolves that the United 
Nations Commission on Korea sliall continue in being with 



the following membership: Australia, China, El Salvador, 
France, India, Philippines and Turkey and, having in 
mind the objectives set forth in the General Assembly 
resolutions of 14 November 1947 and 12 December 1948 
and also the status of the Government of the Republic of 
Korea as defined in the latter resolution, shall : 

(a) Observe and report any developments which might 
lead to or otherwise involve military conflict in Korea ; 

(6) Seek to facilitate the removal of barriers to eco- 
nomic, social and other friendly intercourse caused by the 
division of Korea ; and make available its good offices and 
be prepared to assist, whenever in its judgment a favour- 
able opportunity arises, in bringing about the unification of 
Korea in accordance with the principles laid down by the 
General Assembly in the resolution of 14 November 1947 ; 

(c) Have authority, in order to accomplish the aims 
defined under sub-paragraphs (a) and (6) of the present 
paragraph, in its discretion to appoint observers, and to 
utilize the services and good offices of one or more persons 
whether or not representatives on the Commission ; 

(d) Be available for observation and consultation 
throughout Korea in the continuing development of repre- 
sentative government based on the freely-expressed will of 
the people, including elections of national scope; 

(e) Verify the withdrawal of Soviet occupation forces 
in so far as it is in a position to do so ; 

2. Decides that the Commission : 

(a) Shall meet in Korea within thirty days from the 
date of the present resolution ; 

(6) Shall continue to maintain its seat in Korea; 

(o) Is authorized to travel, consult and observe 
throughout Korea ; 

(d) Shall continue to determine its own procedures; 

(e) May consult with the Interim Committee of the 
General Assembly (If it be continued) with respect to the 
discharge of its duties in the light of developments and 
within the tenns of the present resolution ; 

if) 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 shall render such interim 
reports as it may deem appropriate to the Secretary- 
General for transmission to Members ; 

(17) Shall remain in existence pending a new decision 
by the General Assembly ; 

3. Calls upon Member States, the Government of the 
Republic of Korea, and all Koreans to afford every assis- 
tance and facility to the Commission in the fulfilment of its 
responsibilities, and to refrain from any acts derogatory 
to the purposes of the present resolution ; 

4. Requests the Secretary-General to provide the Com- 
mission with adequate staff and facilities, including tech- 
nical advisers and observers as required ; and authorizes 
the Secretary-General to pay the expenses and per diem 
of a representative and an alternate from each of the 
States members of the Commission and of such persons as 
may be appointed in accordance with paragraph 1(c) 
of the present resolution. 



November 7, 1949 



695 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



U. N. Scale of Assessments 

U.N. doc. A/1034 

Resolution adopted Oct. 20, 1849 

The General Assembly resolves 

1. That the scale of assessments for the 1950 budget 
shall be as follows : 

COUNTRY Percent 

Afghanistan 0. 05 

Argentina 1. 85 

Australia 1. 97 

Belgium 1. 35 

Bolivia 0. 08 

Brazil 1.85 

Burma 0. 15 

Byelorussian Soviet Socialist Republic 0. 22 

Canada 3. 20 

Chile 0. 45 

China 6. 00 

Colombia 0. 37 

Costa Rica 0. 04 

Cuba 0. 29 

Czechoslovakia 0. 90 

Denmark 0. 79 

Dominican Republic 0. 05 

Ecuador 0. 05 

Egypt 0. 79 

El Salvador 0. 05 

Ethiopia 0. 08 

France 6", 00 

Greece - 0. ,17 

Guatemala 0. 05 

Haiti 0.04 

Honduras CH 04 

Iceland 0. 04 

India 3, 25 

Iran 0. 45 

Iraq 0. 17 

Israel 0. 12 

Lebanon 0. OQ 

Liberia 0.04 

Luxembourg 0. 05 

Mexico 0. 63 

Netherlands 1.40 

New Zealand 0. 50 

Nicaragua 0.04 

Norway . 0.50 

Pakistan 0. 70 

Panama 0. 05 

Paraguay 0- W 

Peru 0.20 

Philippines 0.29 

Poland 0.95 

Saudi Arabia 0.08 

Sweden 1-98 

Syria 0.12 

696 



cOfNTBY Prrrrnt 
Thailand 0. 27 

Turkey 0. 91 

Ukranian Soviet Socialist Republic 0. 84 

Union of South Africa 1. 12 

Union of Soviet Socialist Republics 6.34 

United Kingdom of Great Britain and 

Northern Ireland 11.37 

United States of America 39. 79 

Uruguay 0.18 

Venezuela 0.27 

Yemen 0.04 

Yugoslavia 0.33 

TOTAL 100.00 

2. That, notwithstanding the provisions of rule 149 of 
the rules of procedure of the General Assembly, the scale 
of assessments for the apportionment of the expenses of 
the United Nations shall be reviewed by the Committee 
on Contributions in 1950 and a report submitted for the 
consideration of the General Assembly at its next regular 
session ; 

3. That Israel, which was admitted to membership in 
the United Nations on 11 May 1949, shall contribute for the 
first year of membership seven-twelfths of its percentage 
assessment for 1950 applied to the budget for 1949 ; 

4. That Switzerland shall contribute 1.65 per cent of 
the expenses of the International Court of Justice for the 
year 1950, this assessment having been established after 
consultation with the Swiss Government, in accordance 
with the terms of General Assembly resolution 91 (I) of 
11 December 1946 ; 

5. Tliat, notwithstanding the terms of regulation 20 of 
the Provisional Financial Regulations, the Secretary- 
General be empowered to accept, at his discretion, and 
after consultation with the Chairman of the Committee 
on Contributions, a portion of the contributions of Mem- 
ber States for the financial year 1950 in currencies other 
than United States dollars. 



Access for News Personnel 
to U. N. Meetings 

U.N. doc. A/1038 
Adopted Oct. 21, 1949 

The General As.senibly. 

Considering that the United Natious, in accoraaiice witn 
the aims and purposes of its Charter, should be prepared 
to grant all the necessary facilities for enabling media of 
information to function with full freedom and responsi- 
bility in following the course of its work and that of con- 
ferences called by it and its specialized agencies, 

Urges all States Members of the United Nations to grant 
news personnel of all countries who have been accredited 
to the United Nations or specialized agencies, as the case 
may be, free access 



Department of State Bulletin 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



(a) To countries where meetings of the United Nations 
or specialized agencies or any conferences convened by 
them take place, for the purpose of covering such meetings, 
in accordance with the terms and conditions of agreements 
made by the United Nations or its specialized agencies 



with the Governments of such countries, or, in the absence 
of such an agreement, on terms and conditions similar to 
those contained in agreements made by the United Nations 
or its specialized agencies with other Member States ; and 
(&) To all public information sources and services of 
the United Nations and the specialized agencies and to all 
meetings and conferences of the United Nations or of the 
specialized agencies which are open to the Press, equally 
and without discrimination. 



The United States in the United Nations 



[October 29— November 4] 

General Assembly 

The General Assembly, on November 2, ap- 
proved without objection the transfer from the 
crowded agenda of the Political Committee to the 
Ad Hoc Political Committee the three items con- 
cerning Palestine, Indonesia, and the report of the 
Security Council. Follo\Ying the approval, Van 
Heuvan Goedhart of the Netherlands announced 
"with great satisfaction" that the round-table con- 
ference in The Hague had ended in complete 
agreement and the final documents were signed 
November 2. He reported that complete and un- 
conditional sovereignty had been granted to the 
Republic of the United States of Indonesia ; he 
hoped this new political entity would soon become 
a United Nations member. 

Political Committee 

Greece. — The Committee completed general de- 
bate on the Greek item (threats to the political in- 
dependence and territorial integrity of Greece), 
approved two resolutions, and turned to considera- 
tion of the main four-power resolution approving 
the report of and continuing the United Nations 
Special Committe on the Balkans. According to a 
United Kingdom resolution adopted October 31, 
the Secretary-General is requested to ask Albania 
to insure an end to attacks on United Nations ob- 
servers. On November 3, the Committee unan- 
imously approved one of the four-power resolu- 
tions introduced earlier by the United States Eep- 
resentative Benjamin V. Cohen, which proposal 
suggested means for dealing with the problem of 
approximately 25,000 Greek children who had been 
removed from Greece to the territories of her 
northern neighbors and elsewhere in Europe dur- 
ing 1948 and had not been returned. 

Eepresentatives of Albania and Bulgaria who 

November 7, 1949 

860977 — 49 3 



had been invited to participate in the Committee 
discussions gave lengthy statements, the former at- 
tacking the United States, the United Kingdom, 
and Greece as the "aggressors" in the Balkans. 
The Bulgarian representative adopted a much 
milder tone but impugned the "false" witnesses 
whose testimony formed the basis of the report of 
the Special Committee on the Balkans. 

Ad Hoc Political Committee Action 

U.N. Field Service. — The Committee on Octo- 
ber 27 adopted the two resolutions of the Special 
Committee established to study the problem which 
recommended the establishment of a 300-man field 
service and a panel of field obsen'ers. Mr. John 
Sherman Cooper of the United States told the 
Committee on October 25 that these proposals rep- 
resented a progressive step toward the improve- 
ment of the services now provided on a temporary 
basis. 

Membership. — The Committee concluded general 
debate on the admission of new members to the 
United Nations but on November 3 deferred until 
November 4 the voting on the various resolutions 
before it. Soviet Delegate Semyon K. Tsarapkin 
resubmitted a Soviet plan for blanket acceptance 
of the 13 pending applications. An Argentine 
proposal calling for an advisory opinion of the In- 
ternational Court of Justice on certain aspects of 
the admission procedure received considerable 
support. United States Delegate John Sherman 
Cooper said that each applicant must meet the 
standards of article 4 and added that it would be 
improper to judge more than one applicant on the 
same vote. He declared that Albania, the Mon- 
golian Peoples' Republic, Bulgaria, Hungary, and 
Rumania did not at this time satisfy the Charter 
requirements and favored the Argentine proposal 
calling for an advisory opinion of the Interna- 
tional Court of Justice. 

697 



THE UNITED NATIONS AND SPECIALIZED AGENCIES 



Continued 



Of the 13 applicants, the Soviet Union lias re- 
peatedly vetoed 7 — Transjordan, Ireland, Portu- 
gal, Italy, Australia, Finland, and Ceylon. The 
tive Soviet-sponsored candidates — Albania, Mon- 
golian Peonies' liepubiic (Hungary, Kuunuiia, 
and Bulgaria have never received seven ailirinative 
votes in the Security Council. The I'.S.S.K. 
has also vetoed the application from the Republic 
of Korea, and the Security Council has refused to 
refer the application of the Soviet dominated 
Peoples' Republic of North Korea to the mem- 
bership committe for preliminarj' consideration. 

Italian Colonies. — The Subcommittee 17 con- 
cluded its work on November 1 and decided that 
the question of the former Italian colonies should 
be referred to the Political Committee as one com- 
prehensive matter and not as three separate issues. 
Thus the subcommittee suggestions for the dis- 
position of a United Libya, Somaliland, and 
Eritrea will be considered as one resolution. 

Economic Committee Action 

The Committee continued discussion on the full 
employment item and ai)proved an amended Aus- 
tralian resolution which stressed the importance 
of coordinated action to maintain lull and produc- 
tive employment "esjjecially in countries which 
are responsible for an important share of world 
trade" and recommended that all governments 
"consider as a matter of urgency*' their Charter re- 
sponsibility to take action "as the need arises" de- 
signed to promote full and productive employ- 
ment. The Committee rejected the Czechoslovak 
proposals which recommended to members suffer- 
ing from unemployment the immediate adoption 
of a series of measures to be effectuated with the 
participation of the "truly representative trade 
unions" (World Federation of Trade Unions). 
United States Alternate Representative Wilson 
Compton stated the United States position in sup- 
port of the Australian resolution and in opposition 
to the Czechoslovak proposal. He said that al- 
though the i)roposals had individual merit, when 
taken together they constituted "an effort to sub- 
stitute a totalitarian regime for the regime of free- 
dom which most of the countries here cherish." 
The Czechoslovak resolution's underlying purpose 
was to weaken and eventually destroy the competi- 
tive enterprise system. He noted that the coun- 
tries most critical of the United States' economy 
regularly failed to provide information about 
their own economy. 

Trusteeship Committee 

The Committee completed discussion of achnin- 
istrative unions which permit the consolidation 
under a single administrative body of certain 
functions of trust territories with those of ad- 
jacent dependent territories. The resolution 



adopted by tlie Committee recommended that the 
Trusteeship Council complete its investigation on 
administrative unions paying particidar attention 
to the desirability of the following: administer- 
ing authorities informing the Trusteeship Council 
of proposed unions (accepting supervision over 
tiiose on which adequate information had not been 
submitted) separate judicial and legislative bodies 
(eliminating legislative action originating in any 
other body headquartered in a non-self-governing 
territory), and considering the inhabitants' wishes 
before establishing any unions. In conclusion the 
proposal recommended that the Trusteeship 
Council report to the next General As.senibly with 
particular reference to safeguards it considered 
necessary to request of the administering authori- 
ties. The I'nited States supported the resolu- 
tion, but administering powers in general voted 
against it. 

The Committee then turned to detailed discus- 
sion of the report of the special committee on in- 
formation from non-self-governing territories 
and the six draft resolutions contained in it: (1) 
on the voluntary transmission of information un- 
der the standard form, (2) on equal treatment in 
matters relating to education, (3) on language and 
instruction, (4) on the eradication of illiteracy, 
(5) on international collaboration in regard to 
economic, social, and education conditions in non- 
self-governing territories, and (6) on the estab- 
lishment of a special committee on information 
from non-self-governing territories transmitted 
under article 73 (e) of the Charter. Several dele- 
gations announced support for the permanent con- 
tinuation of the special committee while othei-s 
preferred a three-year extension. The Ukraine 
delegate attacked the United States administration 
of Puerto Rico in vigorous terms, and the 
U.S.S.R. delegate stated that the information 
submitted on non-self-governing territories is in- 
sullicient and criticized the colonial powers for 
failure to prepare the non-self-governing peoples 
for self-government. 

Administrative and Budgetary Committee 

The Committee completed action on several 
items, including approval of an appropriation of 
i^42,100 to cover the expenses of the General As- 
sembly's Interim Committee for 1950, appoint- 
ments to the Board of Auditors and Investments 
Committee, and tlie report on the system estab- 
lished for the achievement of tax equalization with 
respect to the salaries of Secretariat officials. The 
Committee began article-by-article consideration 
of the Administrative Tribunal Statute. The 
Tribunal would hear and determine appeals by 
staff members of the United Nations Secretariat or 
of the Registry of the International Court of Jus- 
tice concerning rights under their terms of em- 
ployment and under pertinent provisions of staff 
regulations. 



698 



Department of State Bulletin 



INTERNATIONAL ORGANIZATIONS AND CONFERENCES 



Calendar of Meetings' 



Adjourned During October 






Itu (International Telecommunication Union): 






Administrative Aeronautical Radio Conference: Second 






Session 




Aug. 1-Oct. 14 
Aug. 15-Oct. 5 


Fourth Session of Administrative Council 


Geneva 


UNESCO (United Nations Educational, Scientific and Cul- 






tural Organization) : 






General Conference: Fourth Session 


Paris 

Washington 


Sept. 19-Oct. 6 
Sept. 20-Oct. 1 


Anglo-American-Canadian Atomic Talks 


Ilo (International Labor Organization): 






Seventh International Conference of Labor Statisticians . 


Geneva 


Sept. 26-Oct. 8 


Advisorv Committee on Cooperation: First Session . . . 


Geneva 


Oct. 17-22 


Advisorv Committee on Salaried and Professional 


Geneva 


Oct. 24-29 


Workers: First Session. 






Officers of the Committee of Social Securitv Experts . . 


Geneva 


Oct. 26-28 


United Nations: 






Ecosoc (Pxonomic and Social Council): 






Ecafe-Fao Joint Meeting 


Singapore 


Oct. 1-13 


EcAPE Meeting of Inland Transport Experts 


Singapore 


Oct. 5-10 


Ecafe Meeting of Standing Committee on Industrv 


Singapore 


Oct. 10-17 


and Trade. 






Ecafe: Fifth Session 


Singapore 


Oct. 20-29 


International Children's Emergency Fund: Program 


Lake Success 


Oct. 20-22 


Committee. 






Fad (Food and Agriculture Organization): 






Meeting on Livestock Breeding in the Tropics and Sub- 


Cairo 


Oct. 3- 


tropics. 






Far East Conference on Cooperatives 


Lucknow, India 


Oct. 23- 


Joint Committee with \A'ho on Nutrition 


Geneva 


Oct 24-28 


Pan American Sanitary Organization: 






Eighth Meeting of Executive Committee 


Lima 


Oct. 3-5 


Third Meeting of the Directing Council 


Lima 


Oct. 6-12 


Ninth Meeting of Executive Committee 


Lima 


Oct. 13-15 


United Kingdom and Dominions Official Medical Histories . 


Canberra 


Oct. 3-8 


Liaison Committee: Third Meeting 






International Council for the Exploration of the Sea .... 


Edinburgh 


Oct. 3-11 


Iro (International Refugee Organization): 








Geneva 

Geneva 

Bern 


Oct &-10 


General Council: Fourth Session 


Oct. 11- 


International Criminal Police Commission: General As- 


Oct. 10-15 


sembly. 






In Session as of November 1, 1349 






(Does not include meetings in session which were convened 






prior to January 1, 1949) 






United Nations: 






Conciliation Commission for Palestine 


Haifa, Jerusalem, Rhodes, 


Jan. 17- 




and Lausanne. 




General Assembly: Fourth Session 


Lake Success 


Sept. 20- 



' Prepared in the Division of International Conferences, Department of State. 
November 7, 7949 



699 



Calendar of Meetings — Continued 



Itu (International Telecommunication Union): 

Region I Frequency Conference 


Geneva 


Mav 18- 


Region III Freciuencv Conference 


Geneva .... 


Mav 18- 


Meeting of the Technical Plan Committee of the Interna- 
tional High Freqiiency Broadcasting Conference. 
IcAO (International Civil Aviation Organization): 

Council: Kighth Session 

Third North American Regional Broadcasting Conference . 
Council of Foreign Ministers: Deputies for Austria .... 
Fao (Food and Agriculture Organization): 

Far East Conference on Cooperatives 


Paris 

Montreal 

Montreal 

New York City 

Lucknow, India 

Geneva 


June 23- 

Sept. 6- 
Sept. 13- 
Sept. 23- 

Oct 23- 


Ilo (International Labor Organization): 

Tripartite Conference on Rhine Navigation 


Oct. 31- 


South Pacific Commission: Fourth Session 

Scheduled November 1, 1949, to January 31, 1950 

IcAO (International Civil Aviation Organization): 

Air Routes and Ground Aids Division Meeting: Fourth 

Session. 
Special European-Mediterranean Regional Communica- 
tions Committee Meeting on Aeronautical Fixed Tele- 
communication Services. 
Legal Committee: Fifth Session 


Noumda 

Montreal 

Paris 

Taromina, Sicily 

London 


Oct. 29- 

Nov. 1- 
Nov. 9- 

January 
Nov. 1- 


International Wheat Council: Second Session 


United Nations: 

Trusteeship Council Visiting Mission to West Africa . . 
IcEF (International Children's Emergency Fund): Meet- 
ing of Executive Board. 
UNESCO (United Nations Educational, Scientific and Cul- 
tural Organization): 
International Seminar on Rural and Adult Education . . 
International Congress of 2^ootechnv 


Cameroons and Togoland . 
Lake Success 

New Delhi 

Paris 


Nov. 1- 
Nov. 2-4 

Nov. 2-Dec. 14 
Nov 3-10 


Ilo (International Labor Organization): 

Industrial Committee on Jvletal Trades: Third Session, . 


Geneva 


Nov. 8-19 


Industrial Committee on Iron and Steel; Third Session . . 


Geneva 


Nov. 22-Dec. 3 


Advisory Committee on Juvenile Employment: First 


Geneva 


Dec. 5-6 


Session. 
Governing Body: 110th Session 


Mysore, India 


Dec. 29- 
Jan. 4-14 


Third Inter-American Congress on Raciiology 

Fao (Food and Agriculture Organization): 


Santiago 

Washington 

Lima 

Vi'ashington 

Habana 

Washington 

Lima 


Nov. 11-17 
Nov 14- 


Latin American Forestry and Forest Products Commis- 

mission: Second Meeting 
Annual Conference: Fifth Session 


Nov. 14-19 
Nov 21- 


Committee on Unexploited Forests 

Meeting of Technical Committee on Physiological Re- 
quirements of Calories and Nutrients. 
Regional Conference of Latin American Science Experts. . . 
Meeting of International Union for Publication of Customs 

Tariffs. 
Seventh Pan American Congress of Architects 


November 
November 

Nov 23-30 


Brussels 

Habana 


November or December 

Dec. 4-10 
Dec. 5-10 


Tenth International Ornithological Congress 

Port-au-Prince Bicentennial Exposition 


Wa.shington 

Port-au-Prince 

Bogota 

Bogota 


Dec. 16-18 
December 


Committee on the 1950 Census of the Americas: Third 

Session. 
Inter-American Statistical Institute: Second Session .... 


Jan. 9-21 
Jan. 16-28 



700 



Department of State Bulletin 



U.S. Delegations to International Conferences 



International Tin Study Group 

On October 25 the Department of State an- 
nounced that the following will represent the 
United States Government at the meeting of the 
Working Party of the International Tin Study 
Group, scheduled to convene at The Hague on 
October 26 : 

Delegate 

Clarence W. Nichols, acting adviser. Economic Resources 
and Security Staff, Department of State 

Advisers 

Glion Curtis, Jr., United States Embassy, The Hague 
Charles Merrill, chief. Metal Economics Branch, Bureau 

of Mines, Department of the Interior 
Anthony Siragusa, assistant to the vice president. United 

States Steel Corporation 
Erwin Vogelsang, chief, Tin and Antimony Section, Metals 

Division, Department of Commerce 

The Working Party was established by the In- 
ternational Tin Study Group at its fourth meeting 
held at London in June. It has been instructed 
by the Study Group to prepare a statement on the 
position and prospects of the tin industry which 
would serve as a basis for member governments of 
the Group to determine whether they should ask 
for an international tin conference to be sum- 
moned by the United Nations. The Working 
Party has also been instructed to prepare a draft 
of an international tin-control agreement which 
might be considered at such a conference. 



Asian Educational Seminar Named 

On October 26, the Department of State an- 
nounced that W. Carson Ryan, Jr., chief cultural 
relations officer for China, Division of Exchange 
of Persons, Department of State, and head, De- 
partment of Education and chairman. Division of 
Teacher Training, University of North Carolina 
(on leave) , has been named United States delegate 
to the Asian Seminar on Eural Adult Education. 
The Seminar, sponsored jointly by the Govern- 
ment of India and the United Nations, Educa- 
tional, Scientific and Cultural Organization 
(Unesco), is scheduled to be held at Mysore, 
India, November 2-December l-l. 

The main purposes of the meeting are: (a) to 
studv rural adult education in various Asian 



countries, and the problems of improving the 
character of that education; (b) to consider 
selected topics or issues of widespread concern 
(the training of teachers, the preparation of in- 
structional material, the place in the adult educa- 
tion program of special subjects, such as hygiene, 
domestic science, home economics, agriculture, 
arts, and crafts), with a view of devising better 
instruments of action with respect thereto; and 
(c) to increase the understanding of the purposes 
and programs of Unesco. 

International Wool Study Group 

The Department of State announced on No- 
vember 1 that Paul O. Nyhus, agricultural at- 
tache, American Embassy, London, has been 
named chairman of the United States delegation 
to the third meeting of the International Wool 
Study GroujJ, scheduled to convene at London on 
November 7. The other members of the delega- 
tion are: 

Advisers 

Charles L. Harlan, Livestock Economist and Collaborator, 
Department of Agriculture 

Francis A. LinvIUe, Economic Resources and Security 
Staff, Department of State 

Rene Lutz, Office of International Trade, Department of 
Commerce 

Arthur Besse, President, National Association of Wool 
Manufacturers, New York, N.Y. 

Harold A. Bishop, Boston Wool Trade Association, Bos- 
ton, Mass. 

Adviser and Secretary 

James G. Evans, Economic Resources and Security Staff, 
Department of State 

The National Wool Growers Association and 
the National Wool Marketing Cori^oration were 
invited to name individuals to serve as advisers 
on the United States delegation. However, be- 
cause of previously scheduled meetings in this 
country, these two organizations were unable to 
designate representatives. 

Included among the items on the meeting's draft 
agenda are: (1) a survey of the world wool posi- 
tion ; (2) a review by each delegation of the wool 
situation in its own country; and (3) study of 
the report of the Technical Committee on Statis- 
tics of Wool Textile Machinery Capacity and 
Output. ^ 



November 7, 7949 



701 



THE RECORD OF THE WEEK 



Our German Problem Today 



hy Henry A. Byroade, Director for German and Austrian Affairs ^ 



In speaking to a gathering of newspaper men 
on the subject of our German policy and problems, 
I realize that I am addressing an audience who 
are exceptionally well-informed, who in fact have 
been of notable assistance in enlightening the 
American public on these matters. It is not my 
intention, therefore, to review in any detail the 
story of our endeavors in Germany during the last 
4I/2 years. It is rather my hope to bring to you some 
new insight into the difficulties which confront 
us, the problems we must resolve and the tasks 
which lie ahead. 

It is appropriate that, as the State Department 
representative chiefly responsible for German 
Affairs, I should address you at this time. We 
are just completing a large-scale reorganization 
of the offices, both within the Department and in 
Germany, which deal with German matters. Mili- 
tary government was ended on September 21, and 
the Department of State now assumes the major 
responsibility for United States policy and op- 
erations in Germany. A civilian High Commis- 
sion now replaces the military governors. A 
German Government assumed power at Bonn on 
September 21, limited only by certain reserved 
powers and controls which the Western govern- 
ments have seen fit to retain for a time under an 
Occupation Statute. For better or for worse we 
have now entered fully upon what we hope will 
prove a constructive and progressive course of 
action which should enable the German people 
to achieve economic security and political inde- 
pendence along democratic lines in close associa- 



' Address made before the Southern Newspaper Pul)- 
lishers' Association at Mineral Wells, Texas, on Oct. 31, 
1949, and released to the press on the same date. 



702 



tion with the free peoples of Western Europe and 
the Atlantic community. 

The objectives of United States policy in Ger- 
many are well-known to you. We fought the war 
that the world might be freed from the intolerable 
Nazi threat to its liberties and to its peace. But 
we ourselves rejected the concept of a Cartha- 
ginian peace. We are as firmly resolved as ever 
that Germany shall not be permitted again to 
become a menace to world security. But we are 
committed to the full resumption of self-govern- 
nu'iit and democratic freedoms by the German 
])eople. Ultimately there can be no halfwaj' solu- 
tion, no nation lialf slave and half free. Our 
long-range goal envisages a people secure against 
itself through a self-sustained economy and deeply 
rooted democratic institutions. We cannot force 
the pace, but we are determined to do all witliin 
our capacity to bring about the assimilation of 
Germany into a free Europe and the assumption 
of cooperative responsibiUties by the Germans in 
the European communit}'. 

I wish at this point to speak frankly to you as 
representatives of the freest press in tlie world. 
Your government has notliing to conceal. It be- 
lieves in the free market in ideas. If mistakes 
have been made, we are ready to correct them. I 
hope that you will continue to present the facts 
• — all the facts — without fear or favor. You will 
render invaluable service in providing a forum 
for the free expression of opinion. We shall wel- 
come your criticism, and I am sure we shall profit 
by it. We shall expect your assistance in the de- 
velopment of an informed and intelligent public 
opinion. And we shall hope for your support of 
our policies when you are convinced that they are 
worthy of support. 

Department of State Bulletin 



THE RECORD OF THE WEEK 



Continued 



My purpose today is to present plainly some of 
the problems which we as a peojale and govern- 
ment must face up to in dealing with Germany. 
But let us first try to see the German problem in 
historical perspective. 

The American people have now had to fight two 
wars against Germany to prevent German gov- 
ernments from achieving ends which would have 
been destructive of the stability and security of the 
Westei'n World and ultimately suicidal for Ger- 
many herself. In the long ti-end of events no na- 
tion is exclusively guilty. But it is clear that it is 
Germany that has been the center of two world 
upheavals, and not some other nation. Twice has 
Germany been the storm center of European dis- 
turbance. The Nazi outbreak, still fresh in our 
memories, surpassed all others in its fury, its 
irrationalism, and its flagrant violation of all 
Christian and civilized standards. 

In grappling with this situation, we must try 
to think clearly — even objectively, difficult as that 
may be — if we are to see our problem in perspec- 
tive. We must conclude, I believe, that the root of 
the trouble lies in some profound maladjustment 
of the German nation not only to the international 
environment in which it lives and in which geo- 
graphically and economically it occupies so vital 
a position but also to the trials and responsibilities 
of nationhood itself. 

It is generally agreed, even by thoughtful Ger- 
man leaders, that the essence of the problem is to be 
found in the political immaturity of the German 
nation. As a state Germany is young — much 
younger even than ourselves. The Germans have 
never found a durable pattern for their internal 
life, or a political framework in which, as a nation, 
they could manifest their great creative talents 
without injury to others and to themselves. They 
have found neither peace with themselves nor an 
adjustment of their relationships with the Euro- 
pean community. These difficulties were accen- 
tuated by the extraordinary prowess of the Ger- 
mans in economic achievement, science, and 
technology. 

To make matters worse, Germany developed a 
collective phobia, a mass mania which found ex- 
pression in an insenate militarism. The German 
people turned aside from their earlier cosmopoli- 
tan tradition into a mental world of dangerous 
imreality. They were led by their Nazi masters 
very nearly to their own desti-uction. 

Germany in 1945 suffered a threefold collapse — 
politically, economically, and spiritually. The 
occupation forces had to deal with 70 million 
people whose economic system had collapsed, 
whose government had disentegrated, who were 
a ready prey to despair and disillusion. Our au- 
thorities were confronted with tasks of unparal- 
leled difficulty and urgency. 

November 7, 1949 



I do not claim that we have yet reached the 
goals which we set for ourselves in 1945. But 
despite admitted shortcomings, the achievement 
of the occupation forces in tlie West has been 
notable. German military power and German 
capacity to wage war has been destroyed utterly. 
Millions of displaced persons have been rejjatri- 
ated. There has been marked progress, especially 
of late, in reviving the German economy along 
peaceful lines. W^ar criminals and former Nazis 
have been dealt with according to the judicially 
determined nature of their ofi'enses. A German 
government has been established on democratic 
foundations. 

Our German task has been immensely compli- 
cated, as you are aware, by the difficulties which 
speedily arose between the Soviet Government 
and the Western powers, difficulties which struck 
to the heart of the great issues which came to di- 
vide the community of nations in the posthos- 
tilities period. Nor was it easy at all times even 
for the Western governments to come to agree- 
ment. Yet they have persisted, in the face of 
Soviet intransigence, in a constructive program 
which now involves by far the greater part of 
Germany. 

Now I should like to take a quick look at some 
of the basic tasks that confront us in Germany 
today. Let us consider for a moment our eco- 
nomic problem there. This is a most critical mat- 
ter, for without economic revival there can be no 
hope for a democratic orientation of Germany, nor 
for European recovery and stability. Yet it was 
the great concentration of economic power and 
resources which enabled the Nazis to dominate 
their neighbors and to fashion so formidable a 
war machine. There has, I feel, been widespread 
misunderstanding of our economic policy in Ger- 
many. We have been criticized on the one hand 
for our alleged purpose to destroy peaceful in 
dustry through needless dismantling and restric- 
tions, thus reducing the German people either to 
penury or to a status of permanent dependence on 
American charity. From other quarters we have 
been condemned for rebuilding German economic 
power, restoring the cartels, and creating once 
more the basis for German hegemony and mili- 
tary power. People naturally ask, for instance, 
why we dismantle German factories at the same 
time that we pour in Marshall Plan aid. 

Wliat are the facts? Wliat are we trying to 
do? 

It must be clearly recognized that our economic 
policy possesses a dual character. One aspect is 
of necessity restrictive and corrective. We simply 
cannot ignore the fact that the military potential 
of a modern state resides largely in its economic 
resources and organization. 

We cannot, therefore, permit the rebuilding of 
the kind of economic power in Gennany that 
could again endanger the peace of Europe. If 
we Americans are ever inclined to overlook this 
danger, we are constantly reminded of it by those 

703 



THE RECORD OF THE WEEK 



Continued 



neighbors of Germany which have repeatedly 
suffered from her armed onslaughts. 

For this reason we entered into a series of inter- 
national agreements and enacted regulations de- 
signed to prevent the utilization of German 
economic resources for aggressive purposes. War 
industries were outlawed and industries with a 
high war potential were restricted to an output 
sufficient for peacetime needs. Our dismantling 
program, so widely misunderstood, was methoo- 
ically calculated to strip Germany of her war 
industry and of that surplus of productive 
capacity which was created by the Nazis as 
auxiliary to their war machine and which is in 
no wise essential to a peaceful economy. This 
policy we consider basic to our purposes of achiev- 
ing the imnu'diate disarniunient and long-range 
demilitarization of Germany and of providing 
reparations for thase countries whose economies 
were devastated by German aggression. It may 
be argued that the calculations underlying the 
program were in error. If further study should 
indicate that mistakes have been made, I would 
expect the three governments concerned to rectify 
them. In fact, the original agreements concern- 
ing prohibited and restricted industries have 
already been revised on two occasions. 

You are familiar with other instruments of con- 
trol — the deconcentration and decartelization laws 
now in effect and in process of application ; the 
International Authority for the Ruhr with its 
effective restraints upon the manner in which 
Germany's strategic coal, coke, and steel output 
is channeled and utilized; and the Military Se- 
, curity Board which will insure that German 
industrial protluction and research do not reestab- 
lish a war potejitial. There will be need for con- 
tinuing controls until German economic life is 
fully reorganized and integrated with the economy 
of a peaceful and united Europe. 

The corrective measures to which I have alluded 
are entirely consistent with our purpose that the 
German people shall develop a self-sustaining 
economy which will provide an adequate and 
rising standard of living and make a major con- 
tribution to the successful accomplishment of the 
European Recovery Program. To this end we 
have poured hundreds of millions of dollars into 
Germany. Production in Western Germany has 
begini to approach prewar (1936) levels. The 
currency reform and mark devaluation have given 
a tremendous stimulus to production and trade. 
The Federal Government at Bonn is expected 
soon to become a full-fledged partner ni the 
Organization for European Economic Coopera- 
tion. 

We are thus observing the gradual emergence 
of a new Germany which is at the same time safe to 
live with and yet well on the road to recovery and 
ultimate prosperity. Germanj', we trust, will 



thrive not at the expense of its neighbors but in 
closest association with them for the common 
good of all. 

Now you have all observed that within the last 
year there has begun a rebirth of the German 
nation — yes, even of German nationalism. This 
fact is the very crux of our problem. It was to be 
expected, was in fact inevitable once the restraints 
of 414 years of military government were relaxed. 
We are condemned in some quarters today because 
we have not eradicated nazism and created a dem- 
ocratic society. I frankly admit that we have done 
neither. But I believe that our regime in Ger- 
many has excluded Nazi activists from vantage 
points of influence and lias laid the groundwork 
for a democratic state. Military government is a 
harsh school for any people. It has performed 
its rigorous tasks with effectiveness, but it could 
scarcely be expected in a few short j-ears to trans- 
form the faith and institutions of a people. 

We enter today upon a new phase of our political 
task in Germany. We can combat the antidemo- 
cratic forces only by democracy in action. Sup- 
pression is futile, and we can not impose a new 
faith by duress as the Soviet authorities have 
sought to do in the East. If it comes, it must come 
of German striving and determination. We can 
only "firm up" the tendencies which, if given en- 
couragement and opportunity for development, 
may make Germany a force for reconstruction and 
peace in Europe. "Our hope is that what Germans 
feel and think and do will determine this issue 
cleanly and decisively. We can prescribe : we can 
offer assistance. But only the Germans can win 
the fight for civil freedoms and self-government. 

I should like to make very clear why we have de- 
cided to risk the return of governmental responsi- 
bility to the Germans. It is because we were 
confronted with only two alternatives. Either we 
could maintain full control of the German nation 
under a military regime for an indefinite period, 
for decades perhaps. We might have done this at 
a staggering cost to the American taxpayer — and 
the Germans, in the end, would have been even 
more recalcitrant, even more skeptical of the merits 
of the democratic system than they are today. Or, 
on the other hand, we could begin the long restora- 
tive process of enabling the Germans to assume 
political responsibilities and to practice the arts 
of self-government and thus in time build democ- 
racy into the very fabric of their institutions. We 
have chosen the latter alternative, and I believe 
we have chosen rightly. 

The Western powers have permitted the Ger- 
mans to set up at Bonn a federal government 
under democratic auspices. We would willingly 
have authorized a government for all Germany, if 
the Russians had agreed. Tliis would have been 
possible, however, only by sacrificing completely 
the democratic concept. This we were not ready 
to do. The Bonn government, I would remind 
you, is a freely elected government of the three 
united Western zones of Germanv, in contrast to 



704 



Department of State Bulletin 



THE RECORD OF THE WEEK 



Continued 



the rump regime imposed upon its single zone by 
the Soviet power. Back of the Bonn government 
are 4 years of gradual growth of democratic in- 
stitutions and practice. There has been at least 
a beginning. It will require years of patient 
effort before the Germans learn to place reliance 
less in the authority of the state than in their own 
responsibility as citizens. 

I am convinced that, in the long run, we can 
combat the danger of Nazi resurgence only by 
positive encouragement of the democratic forces 
of Germany and by lending them all assistance in 
our power in their struggle for victory over those 
sinister elements that have so nearly brought 
Germany to ruin. 

In all our plans for Germany, one fact stands 
out. We can never succeed in our mission unless 
the German people can be brought wholly within 
the family of free nations and can accept of their 
own will the principles by which free people live. 
Whether we were right or wrong in our endeavor 
to assist in the rehabilitation of Germany as a na- 
tion will depend ultimately upon the spirit which 
the new Germany demonstrates in thought and 
action. We have sought to reduce the conditions 
of economic misery and political frustration 
which were the heritage of the war and amidst 
which democracy could never flourish. It is our 
further duty to do all which legitimately may be 
done to sway German thinking in the direction of 
democracy, of respect for the free individual, of 
peace. 

There have been recently some vigorous expres- 
sions of concern lest this government has re- 
nounced this vital part of its mission, now that we 
have voluntarily curbed our own powers and dele- 
gated far-reaching authority to a new German 
government. To our ears — those of us engaged in 
the daily business of shaping United States policy 
in Germany — these expressions of concern were 
sweet music. For they were a clear indication 
that important elements of the American people 
understand the tremendous importance of a con- 
tinued and augmented effort to influence German 
thinking and are apparently willing to support 
their government in this effort by giving what 
assistance they can. 

Let us see what this problem is in essence. In 
combating nazism we are dealing with a pernicious 
ideology which represents the perversion of cer- 
tain German traditions. We realize that no con- 
quering power can "reeducate" another people ; it 
can at best assist in creating those conditions which 
make reeducation possible. We are not deterred 
by the thoughtless charge that our German policy 
is a failure because in four short years we have 
failed to convert the German people to a love of 
democracy and freedom and the ways of peace. 
Such a task is one not of years but of a generation. 



We are encouraged in this effort by the realization 
that there is much of true greatness and worth in 
the German cultural heritage which may furnish 
inspiration to all Germans of good will. The cele- 
bration throughout the world this year of the bi- 
centennial of Goethe's birth is a reminder that 
there are great resources in Germany's intellectual 
tradition which may be drawn upon in the work 
before us. 

But it may be asked, what can we actually do, 
in view of the situation created by the Occupation 
Statute? It is true that, with the establishment 
of tlie High Commission and of the new German 
government, we will no longer seek to enforce 
educational reform by coercion, nor to curb free 
expression of ideas by censorship, license, or direct 
control. May not the Germans misuse their new 
freedom to disseminate Nazi or other antidemo- 
cratic concepts ? 

The danger exists. At this delicate transition 
stage the occupying powers are maintaining a close 
watch to see that German schools, the press, and 
other information media do not succumb to re- 
vived Nazi influence. If necessary, the emergency 
powers provided for by the Occupation Statute 
may be invoked to prevent such a development. 

However, we hope that emergency measures will 
not prove necessary. As you know, there exists 
in Germany today a democratic press which, 
thanks to the assistance of military government, 
seems to have taken firm root among the German 
people. The Western powers continue to main- 
tain their own media to insure the presentation of 
important facts and ideas. Democratic thought 
in Germany, particularly in the newspaper field, 
finds itself in competition with the old ideologies 
and their most recent variants. This competition 
is very real, involving control of vital physical as- 
sets, and the going is rough and likely to continue 
so for some time to come. All the assistance we 
can give — private as well as governmental — will 
be urgently needed. I am not alarmed that we 
must face this situation, because I know that the 
democratic cause can triumph only in the free 
market of ideas. The fight will strengthen the 
proponents of democracy and will develop their 
skill in the vital democratic arts of self-assertion 
and free public discussion. 

I would not gloss over the difficulties under 
which a free press and other democratic forces 
are now operating in Germany. You are well 
aware of them. I would appeal to the press of this 
country to assist us in our task. 

You can help by making possible, through your 
own initiative and assistance, many "exchange" 
or oi-ientation visits of German leaders of opinion 
to this country. This government plans to ex- 
pand this program considerably and relies on your 
support for its success. I am sure you must real- 
ize what it means to a German newspaper editor 
or publisher actually to see in America a free press 
in operation, seeking to serve and inform I'ather 
than to indoctrinate the public. 



November 7, 1949 



705 



THE RECORD OF THE WEEK 



Continued 



You can help your goveiiiineiit with its job in 
Germany by making available information, ma- 
terial equipment, and, above all, trained person- 
nel — all badly needed at the present time. The 
new German press is fighting for its life under 
adverse conditions. It will retiuire all the as- 
sistance we can give, if it is to become the powerful 
democratic instrument we would wish it to be. 

You can help by presenting and interpreting 
the German problem lully and fairly to the Ameri- 
can public. The Dcpaitment of State and the 
OflBce of the High Commissioner will make readily 
accessible to the press all the information that it 
is possible to disclose. 

Our High Commissioner, Mr. McCloy, has very 
much at heart the need for a new orientation of 
German thinking. And I am happy that he has 
selected to head the very important Office of Pub- 
lic Affairs a distinguished member of your own 
association, Ralph Nicholson. Mr. Nicholson 
needs and deserves all the support that tlie Ameri- 
can press can give him in his new and arduous 
task. I trust that, with the help of his able 
counsel in Germany, our combined efforts may 
assist in creating a new atmosphere of freedom. 

And finally I wish to emphasize the fact, well- 
known to you, that the German problem is basi- 
cally an international problem. What we do in 
German}^ vitally affects the immediate interests 
of all European peoples. Whether viewed as a 
mainifacturing nation of central importance in 
the Marshall Plan, or as a theatre of political 
warfare in which rival systems and ideologies 
contend, Germany is of central importance, and 
consequently our German policy has profound 
international significance. 

It is clear, of coui'se, that no single power can 
dictate a solution of the German problem. It will 
require the concerted wisdom and cooperation of 
man_y governments. In this connection I am sure 
there is one question uppermost in your minds. 
What about Russia? 

The United States has faithfully endeavored 
ever since 1945 to achieve a settlement of German 
issues in concert with the powers chiefly associated 
with her in the war and in the occupation, and to 
prei)are the way for a German peace treaty. Our 
repi'esentatives labored patiently for 3 years in the 
Allied Control Council and in the Kommandatura 
in Berlin to obtain agreement on day to day prob- 
lems, but with little success because of Soviet ob- 
struction. In three successive meetings of the 
Council of Foreign Ministers devoted chiefly to 
German affairs it has been made clear that the 
Soviet Government has wanted no settlement of 
the German problem that is not dictated by the sole 
consideration of its own national interest. Our 
rights in Berlin were challenged — as you know, 
without success — and we are still in Berlin. The 
Soviet Government deliberately sabotaged the 



four-power coordinating agencies set up in 1945 
and proceeded to mold its zone in the Soviet pat- 
tern. We have responded by going ahead in asso- 
ciation with Britain and France in the West with 
a program fashioned in the spirit of the original 
four-power agreements on Germany. AVe shall 
not be forced from Berlin, and we shall endeavor 
to make that war-ravaged city an advance post of 
democracy in eastern Europe. We shall proceed 
with our program in the West, with the door al- 
ways open for Soviet participation in the common 
effort to resolve the German problem. But we 
shall never purchase Soviet cooperation at the cost 
of principles we consider vital to the peace and 
comity of Europe and of the democratic world. 
This government has undertaken in Germany 
perhaps the most difficult single task in the whole 
field of its foreign policy. It is a job which de- 
mands the utmost of us all in patient effort and 
understanding. The interests of many other 
nations are deeply involved, and these we must 
consider most carefully in the development of our 
own policies. I trust that through our concerted 
efforts (iermany may be enabled to become a 
stronghold of peace in Europe and a worthy mem- 
ber of the brotherhood of democratic peoples. 



Correction of Article on Visa Work 

In the article on the visa work of the Depart- 
ment of State and the Foreign Service, printed in 
the Bulletin of October 10, 1949, the following 
additions should be made to the second item in the 
appendix entitled "Countries Under Section 3 (6) 
of the Act of 1924 With Which the United States 
Has Treaties of Commerce and Navigation" (page 
535): 

After ^Vrgentina insert 

Austria : Treaty of friendship, commerce, and navigation, 
signed June 19, 192S ; art. II. 

Change China to read 

China : Treaty of friendship, commerce, and navigation, 
signed November 4, 1946; art. II. 

After Honduras, insert 

Hungary: Treaty of friendship, commerce, and consular 
rights, signed June 24, 1925 ; art. I. 

After Ireland, insert 

Italy: Treaty of friendship, commerce, and navigation, 
signed February 2, 1948. 

Change Liberia to read 

LiBf;RiA : Treaty of friendsliip, commerce, and navigation, 
signed August 8, 1938: art. I. 

Insert as footnote 

There has been no judicial determination as to the 
effect of ^Vo^ld ^Va^ II on tlie legal status of article 1 of 
the treaty of friendship, commerce, and consular riglits 
with Germany, signed Dec. 8, 1923. 



706 



Deparfment of State Bulletin 



Tribute to Turkish-American Relations 



Address hy George V. Allen, Ambassador-designate to Yugoslavia'^ 



Your gathering here tonight in honor of the 
26tli anniversary of the founding of the Republic 
of Turkey is a concrete expression of the deep- 
seated and genuine desire on the part of the 
people of our two countries to know each other 
better and to lend each other mutual support and 
encouragement in a common cause — the cause of 
human freedom. 

The struggle for that cause is epitomized in the 
history of the Turkish Republic. No other nation 
ever won its independence against more over- 
whelming odds. No other country more resolutely 
turned its back on the past and adapted its whole 
life to new patterns. And no newly independent 
country ever won for itself more quickly an 
honored position in the society of nations. 

It has always been a source of amazement to 
me that two nearly simultaneous revolutions in two 
neigliboring territories, the Russian Empire and 
the Ottoman Empire, should have had such oppo- 
site results. In Russia, revolution brought the 
extinction of freedom. In Turkey it resulted in 
a great increase of freedom. The U.S.S.R., after 
driving out its western enemies, closed the door 
after them and locked it. Turkey opened its doors 
wider and wider each year to outside ideas, out- 
side techniques, and international collaboration. 
The Soviet Government has gone to unbelievable 
lengths to assure that its citizens shall have the 
least possible contact with the outside world. A 
Russian cannot travel abroad at will. He prac- 
tically never sees a foreign publication. The last 
important uncontrolled source of world news in 
the Soviet Union was the Russian language radio 
programs of the Voice of America and the British 
Broadcasting Company. Many millions of Rus- 
sians, we now are certain, listened to these pro- 
grams. At the present time the programs are 
largely blacked out by a tremendous jamming 
network built by the Soviet regime for that specific 
purpose. Turkey, on the other hand, maintains 

' Made before the American-Turkish Society on Oct. 28, 
1949, and released to the press on the same date. Mr. 
Allen is currently Assistant Secretary for Public Affairs. 



unhampered channels for the flow of information 
and the interchange of ideas. Why this diametric 
divergence in trends ? 

I think it is clear enough now that the U.S.S.R. 
keeps its doors closed because the system which the 
Communists set up could not exist except in an 
ideologically airtight compartment. Even then, 
the system is not working. The living standard 
is depressingly low. Control is by fear. Indi- 
vidual freedom is extinguished. Neither the Nazi, 
Soviet, or any other dictatorship could exist under 
a free press or a free radio. 

In Turkey, on the other hand, individual free- 
dom has steadily grown since the founding of the 
Republic and particularly during the last few 
years. Competent historians are more and more 
coming to recognize that traditional society in 
the Middle East and more particularly the Otto- 
man Turkish development of that society, in- 
cluded a considerable degree of personal freedom 
and emphasis on the rights and dignity of the 
individual. To these old traditions of personal 
freedom there has now been added an infinitely 
more important element in the forceful and de- 
liberate choice made by Kemal Ataturk and his 
collaborators to adopt the essential af)paratus of 
political democracy. 

I am glad to be able to tell you tonight that 
through the Voice of America, one more link be- 
tween the people of the United States and the 
people of Turkey is being established. Plans are 
well under way for inauguration of a daily broad- 
cast to Turkey in the Turkish language, and I 
anticipate that its starting date will be announced 
in the very near future. Through these broad- 
casts, we hope to make it clearer than ever to the 
people of Turkey that our fundamental interests 
and objectives are parallel with theirs; that our 
aspirations are fundamentally theirs; and that 
our aim in the present troubled state of the world 
is the same as theirs — the maintenance of inde- 
pendence and the safeguarding of the freedom 
and dignity of the individual. 

We believe that the Turkish