Copyright
United States. Dept. of State. Office of Public Co.

Department of State bulletin (Volume v. 22, Apr- Jun 1950) online

. (page 89 of 116)
Online LibraryUnited States. Dept. of State. Office of Public CoDepartment of State bulletin (Volume v. 22, Apr- Jun 1950) → online text (page 89 of 116)
Font size
QR-code for this ebook


ning work is by no means an idle and futile
exercise.

The heart and core of a genuinely practical and
effective plan of disarmament, lies in the establish-
ment of a system of objective safeguards adequate
to insure that all nations initially subscribing to
the plan are giving to it their continuous and un-
remitting adherence. Without such a system of
adequate safeguards, any plan of disarmament
would be but an empty shell in which no nation
could safely take refuge under the circumstances
of insecurity and distrust which are rife in the
world today.

This last point is the reason why my Govern-
ment attaches so much importance to the matter
of safeguards which now occupies the attention
of this Committee, and on which I would now like
to submit the following expression of views :

Outline of U.S. Views

Item 3 of the Plan of Work of the Commission for
Conventional Armaments provides for : "Consideration of
practical and effective safeguards by means of an inter-
national system of control operating through special
organs (and by other means) to protect complying States
against the hazards of violations and evasions." The fol-
lowing is a general outline of the views of the United
States which will be elaborated as the Working Committee
proceeds with its consideration of this subject.'

I. The Objective of Safeguards

A. To ensure that nations fulfill their responsibilities
and obligations as prescribed in the treaty for the regula-
tion and reduction of conventional armaments and armed
forces, and so to protect complying States against the
hazards of violations and evasions ;

II. The Nature of Safeguards

A. The system of safeguards should be so devised that
its operations will be effective, technically feasible and
practicable, and will :

(a) give warning of the likelihood of violations,

(b) detect promptly the occurrence of violations,

' U.N. doc. S/C .3/SC .3/23, May 18, 1950.



June 12, 1950



957



(c) minimize interference with and impose mini-
mum burdens on the economic and industrial life of the
signatory States.

III. The Basic Elements Constituting Safeguards

A. Accurate and regular reports b.v all .signatory
States of such information related to conventional arma-
ments and armed forces as may be required liy the treaty,

B. \'erification of the above-mentioned reports by
thorough international inspection procedures,

C. Remedial action in the case of violation of the
treaty ;

IV. The International Agency Responsible for Safe-
guards

A. An international agency should be established
within the frameworlv of the United Nations, deriving Its
powers and status from the treaty under which it is estab-
li.shed, to supervise and administer the agreed system of
safeguards in connection with the regulation and reduction
of conventional armaments,

B. The international agency should consist of a
governing board, an inspection corijs and secretariat,

C. The governing board should be composed of repre-
sentatives frcjui eacli of the States wliich are members
of the Security Council, the nonpermanent membership
changing in cfjjiformity with elections to and retirement
from the Security Council.

D. The inspection corps should be composed of mem-
bers drawn from panels nominated by each participating
State. The size and composition of the inspecting teams
drawn from this corps and utilized in particular instances
should be determined by the governing hoard,

E. Such secretariat as may be needed should be
selected by the governing board,

P. The decisions made by the international agency
should not require unanimity,

V. Rights and Duties of the Agency

A. Receiving from each signatory State the reports
specified in the treaty,

B. Verification of this information through direct
inspections,

C. Review and interpretation of data derived from
reports and inspections,

D. Prep.-iration and publication of periodic and .special
reports to organs of tlie United Nations and to the signa-
tory States,

E. The inspection and verification process as applied
to each State should be made by nationals of States other
than the State being in.spected. However, the State being
inspected should be obliged to appoint a liaison officer to
assist and accompany the inspection group representing
the international agency,

F. Individual members and national composition of
the inspect i(m teams should be varied periodically,

G. The international agency and its representatives
should have no authority to issue directions to signatory
States except as may be provided in the treaty under
wliicli it is established,

II. Inspi'Ction and verification should be conducted
on a regular Ijasis witli reasonable adv;ince notice which
should be set forth in the treaty. However, special inspec-
tions may take place under such circumstances as may be
specified in the treaty,

1. Certification to the Security (''ouncil and 1o the
signatory States of violations or evasions,

VI. Rights and Duties of Signatory States

A. Eai'h signatory State should afford duly accredited
representatives of the agency unimpeded rights nf ingress
to and egress from, and movement within its territories
necessary to the iierformance of their dulies; should aid
and assist them in the performance of their duties, sliould
provide access to the activities subject to inspection, and
should arrange for the full co.iperation of national or local
aulhurities or private individuals,

B. The treaty should set forth the nature and scope of
the inspection and verification pi'ocesscs to be followed
by the international agency in order th.at all iiartieipating
Sl.iles may be aware of their rights and obligations,



VII. Action to be Taken upon the Determination of a

Violation

A. The international agency should be responsible for
the prompt referral with certification of facts to the Se-
curity Council and to the signatory States of the agency's
findings in respect to violations or evasions of the treaty,

B. Such certification may be accompanied by such rec-
ommendations in respect of any violations or evasions
cited as the international agency may deem appropriate,

C. Action in respect of any violation or evasion should
be primarily the resiionsibility of the Security Council.
The treaty should provide that, since the purpose of the
system of safeguards is to protect complying States against
the hazards of violations, failure by the Security Council
to correct violations or otherwise enforce the treaty should
relieve participating States from their obligations there-
under and permit them such freedom of unilateral or
collective action as is consistent with the Charter of the
United Nations.

Mr. Chainnait. I need hai-dly jioiiit out that the
statement which I have just submitted represents
only a general framework or skeleton of a plan
or system of adequate safeguards. Much flesh re-
mains to be filled in between the liones, and, indeed,
the skelettil structure itself may be in need of some
major adjustment.

I trust that the other members of the Committee
will not hesitate to offer any criticisms or sugges-
tions they may have concerning the views which I
have expressed or in advancing any different ap-
proach to the problem.



PUBLICATIONS



Recent Releases

For sale hji thr Superintendent of Documents. Oovern-
tnent Printing Offlee, AVnsliinriton 2a. O. V. Address re-
quests direct to the Superintendent of Documents, crcept
in the case of free pulilications, ultich may be obtained
from the Department of State.

Mutual Defense Assistance. Treaties and Other Interna-
tional Acts Series 2017. Pub. 3770. 16 pp. H)(.

Agreement between the United States and the United
Kingdom of Gre.-it Britain and Northern Ireland —
Signed at Washington January 27, i;),"JO ; entered into
force January 27, 1050.

Relief Supplies and Packages for Norway: Duty-Free
Entry Payment of Transportation Charges. Treaties and
other lntern:itional Acts Series 200tj. Pub. 3770. 4 pp.

.Agreement lietween the United States and Norway — •
Effected by exchange of notes, signed at Oslo October
31, I'.H'.l; entered into force October 31, llHil.

U.S. Agriculture in the World Food Situation. Interna-
ticnial Orgaiii/.Mlieii and Coiifci-ences Series IV. United
Nations i:ducat ioiial. Scientific and Cultural Organiza-
tion 11. Pub. .•;7S8. -11 pp. ISC'.

Discussion of the part the IT.S. plays in the world
food problem, the Milue of \\w U.S. exports and im-
ports, etc. Charts iiu-luded.



958



Department of State Bulletin



The Habana Charter for an International Trade Organization



GENERAL PROVISIONS

Chapter IX
Article 98. Relations With Non-Members

1. Notliing in this Charter shall preclude any
Member from maintaining economic relations with
non-Members.

2. The Members recognize that it would be in-
consistent with the purpose of this Charter for a
Member to seek any arrangements with non-Mem-
bers for the purpose of obtaining for the trade of
its country preferential treatment as compared
with the treatment accorded to the trade of other
Member countries, or so to conduct its trade with
non-Member countries as to result in injury to
other Member countries. Accordingly,

(a) no Member shall enter into any new ar-
rangement with a non-Member which precludes
the non-Member from according to other Member
countries any benefit provided for by such ar-
rangement ;

(b) subject to the provisions of Chapter IV,
no Member shall accord to the trade of any non-
Member country treatment which, being more
favourable than that which it accords to the trade
of any other Member country, would injure the
economic interests of a Member country.

3. Notwithstanding the provisions of paragraph
2, Members may enter into agreements with non-
Members in accordance with the provisions of
paragraph 3 of Article 15 or of paragraph 6 of
Article 44.

4. Nothing in this Charter shall be interpreted

Editob's Note: The Editor is reprinting the text of
chapter IX as a concluding item in the series on the Ito.
The text of chapter I appeared in the Bulletin of Apr.
24, 1950, p. 635, together with a summary of chapter II,
Employment and Economic Activity. The summaries on
chapter IV, Commercial Policy ; chapter V, Restrictive
Business Practices; and chapter VI, Commodity Agree-
ments are in the issues of May 8, 1950, p. 723, May 15,
1950, p. 761, and May 22, 1950, p. 809. Chapter VII dis-
cusses the organization of the proposed Ito, a chart for
which appears in this issue. In succeeding issues of the
Bulletin will be printed testimony of various cabinet
ofl3cers before the House Committee on Foreign Affairs;
the Secretary of State's testimony appeared in the Bul-
letin of May 1, 1950. p. 689.

iune J 2, T950



to require a Member to accord to non-]Member
countries treatment as favourable as that which it
accords to Member countries under the provisions
of the Charter, and failure to accord such treat-
ment shall not be regarded as inconsistent with
the terms or the spirit of the Charter.

5. The Executive Board shall make periodic
studies of general problems arising out of the
commercial relations between Member and non-
Member countries and, with a view to promoting
the purpose of the Charter, may make recom-
mendations to the Conference with respect to such
relations. Any recommendation involving altera-
tions in the provisions of this Article shall be dealt
with in accordance with the provisions of Article
100.

Article 99. General Exceptions

1. Nothing in this Charter shall be construed

{a) to require a Member to furnish any in-
formation the disclosure of which it considers
contrary to its essential security interests ; or _

(b) to prevent a Member from taking, either
singly or with other States, any action which it
considers necessary for the protection of its essen-
tial security interests, where such action

(i) relates to fissionable materials or to the
materials from which they are derived, or

(ii) relates to the traffic in arms, ammuni-
tion or implements of war, or to traffic in other
goods and materials carried on directly or in-
directly for the purpose of supplying a military
establishment of the Member or of any other
country, or

(iii) is taken in time of war or other emer-
gency in international relations ; or

(c) to prevent a Member from entering into
or carrying out any inter-governmental agreement
(or other agreement on behalf of a government
for the purpose specified in this sub-paragraph)
made by or for a military establishment for the
purpose of meeting essential requirements of the
national security of one or more of the participat-
ing countries ; or

{d) to prevent action taken in accordance
with the provisions of Annex M to this Charter.

959



2. Nothing in this Cliarter shall be construed
to override

(a) any of the provisions of peace treaties
or permanent settlements resulting from the
Second World War which are or shall be in force
and which are or shall be registered with the
United Nations, or

(b) any of the provisions of instruments
creating Trust Territories or any other special
regimes established by the United Nations.

Article 100. Amendments

1. Any amendment to this Charter which does
not alter the obligations of Members shall become
effective upon approval by the Conference by a
two-thirds majority of the Members.

2. Any amendment which alters the obligations
of Members shall, after receiving the approval of
the Conference by a two-thirds majority of the
Members present and voting, become effective for
the Members accepting the amendment upon the
ninetieth day after two-thirds of the Members
have notified the Director-General of their ac-
ceptance, and thereafter for each remaining
Member upon acceptance by it. The Conference
may, in its decision approving an amendment
under this paragrapli and by one and the same
vote, determine that the amendment is of such
a nature that the Members which do not accept it



How Wm the ITO Work?

Implementation of the Charter rests with
member governments who voluntarily agree
to follow its rules.

The main governing body of Ito is the
Conference wliich includes all members, each
having one vote. Decisions are by majority
(in certain cases by a two-thirds or three-
fourths) vote. No member has a veto.

Some functions of the (Conference are
granted, and others may be delegated, to an
Executive Board on which the United Statr.s
will have permanent representation by rea-
son of its economic importance. Here also
each member has one vote. As we have ex-
perienced in other international agencies, the
United States position of world leadership
will make our actual influence in Ito far
greater than our single vote might indicate.

The Ito ))rovides a convenient forum and
assists in consultation between members.
Members agree to settle trade disputes in
accordance witli the procedures of the
Cliarter and the decisions of li-o. Tlie Ito
can recommend action. It cannot direct a
member to act. If a country does not wish
to follow a decision of Ito, it may leave th(>
organization (on GO days notice) but will
no longer be entitled to the benefits that Ito
members extend to each other.



within a sjDecified period after the amendment
becomes effective shall be suspended from mem-
bership in the Organization; Provided that the
Conference may, at any time, by a two-thirds
majority of the Members present and voting, de-
termine the conditions under which such suspen-
sion shall not apply with respect to any such
Member.

3. A Member not accepting an amendment un-
der paragraph 2 shall be free to withdraw from
the Organization at any time after the amend-
ment has become effective; Provided, that the
Director-General has received from such Mem-
ber sixty days' written notice of withdrawal; and
provided further that the withdrawal of any
Member suspended under the provisions of para-
graph 2 shall become effective upon the receipt by
the Director-General of written notice of with-
drawal.

4. The Conference shall, by a two-thirds ma-
jority of the Members present and voting, deter-
mine whether an amendment falls under paragraph
1 or paragraph 2, and shall establish rules with
respect to the reinstatement of Memliers suspended
untler the provisions of paragraph 2, and any
other rules i-equired for carrying out the provi-
sions of this Article.

5. The provisions of Chapter Vlll may be
amended within the limits and in accordance with
tlie procedure set forth in Annex N.

Article 101. Review of the Charter

1. The Conference shall carry out a general
review of the provisions of this Charter at a spe-
cial session to be convened in conjunction with the
regular annual session nearest the end of the fifth
year after the entry into force of the Charter.

2. At least one year before the special session
referred to in paragraph 1, the Director-General
shall invite the Membei's to submit any amend-
ments or observations which they may wish to
jiropose and shall circulate them for considera-
tion by the Members.

?>. Amendments resulting from such review
shall become effective in accordance with the
jjrocedure set forth in Article 100.

Article 102. Withdrawal and Termination

1. Without }irejudice to any special provision in
(his Cliarter rehiting to withdrawal, any Member
may withdraw from the Organization, either in
icsjiect of itself or of a separate customs territory
on behalf of which it has accepted the Charter in
accoi'dance with the provisions of iVrticle lOf, at
any time after three years from the day of the
eiilrv into force of the Chai'ter.

2. A withdrawal under paragraph 1 shall be-
come effective upon the exjiiration of si.x months
from the day on which written notice of such with-
drawal is received by the Director-General. The
Director-General shall imiiicdiatelv notify all the



960



Department of Sfafe Bulletin



ITO irtll fill a major ^ap iaUN stnictuiB















































N,











rue








Members of any notice of ■withdrawal vrhich he
may receive under this or other provisions of the
Charter.

3. This Charter may be terminated at any time
by agreement of three-fourths of the Members.

Article 103. Entry Into Force and Registration

1. The government of each State accepting this
Charter shall deposit an instrument of acceptance
■with the Secretary-General of the United Nations,
■who will inform all governments represented at
the United Nations Conference on Trade and Em-
ployment and all Members of the United Nations
not so represented of the date of deposit of each
instrument of acceptance and of the day on which
the Charter enters into force. Subject to the pro-
visions of Annex O, after the entry into force of
the Charter in accordance with the provisions of
paragraph 2, each instrimient of acceptance so
deposited shall take effect on the sixtieth day fol-
lowing the day on which it is deposited.

2. (a) This Charter shall enter into force

(i) on the sixtieth day following the day on
which a majority of the governments signing the
Final Act of the United Nations Conference on
Trade and Employment have deposited instru-

June 72, 1950



ments of acceptance in accordance with the pro-
visions of paragraph 1 ; or

(ii) if, at the end of one year from the date
of signature of the said Final Act, it has not en-
tered into force in accordance with the provisions
of sub-paragraph (a) (i) , then on the sixtieth day
following the day on which the number of g^ovem-
ments represented at the United Nations Confer-
ence on Trade and Employment which have
deposited instruments of acceptance in accord-
ance with the pro^visions of paragraph 1 shall
reach twenty ; Provided that if twenty such gov-
ernments have deposited acceptances more than
sixty days before the end of such year, it shall not
enter into force until the end of that year.

(h) Ii this Charter shall not have entered into
force by September 30, 1949, the Secretary-Gren-
eral of the United Nations shall invite those gov-
ernments which have deposited instrmnents of
acceptance to enter into consultation to determine
whether and on what conditions they desire to
bring the Charter into force.

3. Until September 30, 1949, no State or sep-
arate customs territory, on behalf of which the said
Final Act has been signed, shall be deemed to be
a non-Member for the purposes of Article 98.

4. The Secretary-General of the United Nations

961



is authorized to register this Charter as soon as it
enters into force.



Article 104. Territorial Application

1. Each government accepting this Charter does
so in respect of its metropolitan territory and of
the other territories for which it has international
responsibility, except such separate customs ter-
ritories as it shall notify to the Organization at
the time of its own acceptance.

2. Any Member may at any time accept this
Charter, in accordance with the provisions of par-
agraph 1 of Article 103, on behalf of any sep-
arate customs territory excepted under the
provisions of paragraph 1.

3. Each Member shall take such reasonable
measures as may be available to it to ensure ob-
servance of the provisions of this Charter by the
regional and local governments and authorities
within its territory.



Article 105. Annexes

The Annexes to this Charter form an integral
part thereof.

Article 106. Deposit and Authenticity of Texts
Title and Date of the Charter

1. The original texts of this Charter in the offi-
cial languages of the United Nations shall be de-

Sosited with the Secretary-General of the United
ations, who will furnish certified copies of the
texts to all interested governments. Subject to
the provisions of the Statute of the International
Court of Justice, such texts shall be equally au-
thoritative for the purposes of the interpretation
of the Charter, and any discrepancy between texts
shall be settled by the Conference.

2. The date of this Charter shall be March 24,
1948.

3. This Charter for an International Trade Or-
ganization shall be known as the Havana Charter.



National Committee Launches
Crusade for Free Europe

[Released to the press by the White House May 1]

The President today sent the following identical letters
to Joseph C. Orew and Oen. Lucius D. Clay, of the Na^
tional Committee for a Free Europe:

Your telegram of April twenty-sixth, advising
me that the National Committee for a Free
Europe is launching a nation-wide crusade for
freedom, meets with my heartiest approval. I
hope that all Americans will join with you in
dedicating themselves to this critical struggle for
men's minds. I am deeply gratified by your
prompt response to my appeal of April twentieth,
in which I emphasized the important role of pri-
vate groups and organizations in this great
endeavor.

Following is the text of the telegram to the President
from Mr. Orew and General Clay:

In your speech of April 20 you urged private
initiative in expressing the voice of freedom. The



National Committee for a Free Europe was or-
ganized for this purpose, and particularly to help
those who love freedom, and as a result, have been
exiled to continue to fight for the restoration of
freedom in their countries. We believe that the
American people are ready for a crusade for free-
dom which will not only support the voices of
those from behind the Iron Curtain who have lost
freedom and home but will augment their voices
with an overwhelming expression from free
people in this country and everywhere of their
faith and confidence that there will yet be a free
world. We recognize the additional responsi-
bility which has been thrust upon us by your
challenging words, and we want to assure you that
we are proceeding immediately with every re-
source at our disposal to organize in this country
a crusade for freedom which will be a genuine ex-
pression of the will of the American people and
wliich, through radio, Free Europe and other
facilities, will be carried throughout the world.
We have every confidence that the American
people will join enthusiastically in this crusade
to preserve their heritage, and thus respond fully
and promptly to your expression of faith.



962



Department of State Bulletin



Analysis of Senator McCarthy's Public Statements



ASNE SPEECH

The fulloicing letter, dated May 12, 1950, was sent, on
May H, to more than 500 membera of the American Society
of Newspaper Editors ly Edward W. Barrett, Assistant
Secretary for Public Affairs.'

As a member of the American Society of News-



Online LibraryUnited States. Dept. of State. Office of Public CoDepartment of State bulletin (Volume v. 22, Apr- Jun 1950) → online text (page 89 of 116)