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

Department of State bulletin (Volume v. 56, Jan- Mar 1967) online

. (page 21 of 90)
Online LibraryUnited States. Dept. of State. Office of Public CoDepartment of State bulletin (Volume v. 56, Jan- Mar 1967) → online text (page 21 of 90)
Font size
QR-code for this ebook


prohibits claims of territorial sovereignty,
make clear the intent of the treaty that
outer space and celestial bodies are open not
just to the big powers or the first arrivals but
shall be available to all, both now and in the
future. This principle is a strong safeguard
for the interests of those states which have,
at the present time, little or no active space
program of their own. Their interests are
also protected by other provisions, for ex-
ample:

Article VII, which fixes on the launching
state the responsibility for any damage



caused by objects launched by or for them or
from their territory;

Article IX, which requires states to con-
duct their space activities "with due regard
to the corresponding interests of all other
States Parties to the Treaty." This includes
a specific obligation to avoid harmful con-
tamination of outer space or of celestial
bodies and also to avoid adverse changes in
the terrestrial environment;

And Article XI, which requires the fullest
practicable public reporting, by parties con-
ducting space activities, of "the nature, con-
duct, locations and results of such activities"
— a practice which my own country has vol-
untarily followed since the space age began.
This provision seeks to assure that the full
scientific harvest from space research will be
available to all the world, not just to the par-
ties that do most of the exploring.

It is wise and proper that the treaty should
secure these rights and benefits to all parties,
including the nonlaunching nations. For their
cooperation also is necessary in many re-
spects, some of which the treaty also provides
for, such as assistance to and return of any
astronauts who may make emergency land-
ings on their territory and return to the
owner of objects launched into outer space
which fall on their territory. In addition,
maximum benefits from the exploration of
outer space depend on the cooperation of the
international scientific and technical com-
munity in all nations, large and small alike.

We are all in this venture together, and we
need one another's cooperation.

The same spirit of cooperation, let me say
emphatically, should prevail also among the
major space countries, specifically my own
country and the Soviet Union — and any
others that may later develop comparable
programs of space launchings and manned
flight. Two provisions of the treaty con-
cretely illustrate this desirable relationship.
Article IX calls for international cooperation
and mutual assistance and includes a provi-
sion for consultation in the case of potentially
harmful experiments. Article V requires that
the same universal respect for life and limb



JANUARY 9, 1967



81



which has been traditional among mariners
at sea for many centuries shall also govern
among astronauts in outer space. In all space
activities, under this article, "the astronauts
of one State Party shall render all possible
assistance to the astronauts of other States
Parties." And any party which discovers con-
ditions in outer space that could endanger
the life or health of astronauts is obliged to
report this to the other parties or to the
Secretary-General of the United Nations.

As the space age proceeds, and particularly
as manned space flights develop, many forms
of cooperation beween astronauts of major
space powers are sure to develop which today
cannot be foreseen. The framers of this
treaty did not try to peer into the unfore-
seeable; but rather we tried to insure, by lay-
ing down broad principles, that all concerned
will enter this unknown realm as friends and
partners in peace.

Tracking Facilities, Accession

Before concluding, I wish to make brief
additional comments on two of the articles of
the treaty.

The first of these is article X, dealing with
the granting of tracking facilities. In this I
speak on behalf of a large number of states,
some of which have granted tracking facili-
ties and some of which have not.

We welcome the revised form in which this
article appears in the final text of the treaty.
The article requires that if a party has
granted tracking facilities to another party,
it is obliged, on an equal basis, to consider
a request for tracking facilities by a third
party. It is quite clear from the text of the
article, however, that there must be agree-
ment between the parties concerned for the
establishment of a tracking facility. The
article as thus revised recognizes that the
elements of mutual benefit and acceptability
are natural and necessary parts of the deci-
sion whether to enter into an agreement con-
cerning such a facility, and it properly
incorporates the principle that each state
which is asked to cooperate has the right to
consider its legitimate interests in reaching
its decision.



Finally, I wish to comment briefly on the
accession clause in article XIV of the treaty.
The adoption of the accession clause now
included in the Treaty on Principles Govern-
ing the Activities of States in the Explora-
tion and Use of Outer Space — urged because
of exceptional circumstances favoring a very
broad geographical coverage for the space
treaty — does not, of course, bring about the
recognition or otherwise alter the status of
an unrecognized regime or entity which may
seek to file an instrument of accession to the
space treaty. Under international law and
practice, recognition of a government or
acknowledgement of the existence of a state
is brought about as the result of a deliberate
decision and course of conduct on the part
of a government intending to accord recogni-
tion. Recognition of a regime or acknowl-
edgement of an entity cannot be inferred
from signature, ratification, or accession to a
multilateral agreement. The United States
believes that this viewpoint is generally
accepted and shared, and it is on this basis
that we join in supporting the present final
clauses of the space treaty.

"Envoys of Manlcind"

Mr. Chairman, perhaps I can best express
my country's feelings about this treaty by
recalling an encounter which several of us,
including the Secretary-General, shared here
at the United Nations last year with an
American astronaut. He is Colonel Edward
White, and he had then only recently
returned from a 4-day Gemini mission in
which he had carried out the first American
"walk in space."

Colonel White had carried with him on this
flight a memento which he was eager to
present to the United Nations — a United
Nations flag, probably the first ever to fly in
space. The Secretary-General very graciously
agreed to accept this flag for the United
Nations.

We had a little ceremony in which the
colonel made a short speech, and in that
speech he said something I shall never forget.
He said that, as he looked down from space
at the earth passing below and recognized



82



DEPARTMENT OF STATE BULLETIN



the familiar shapes of the oceans and
continents moving past, one thing that struck
him very forcefully was something he did
not see. He saw no national boundaries.

Most of us who sit in this room as envoys
of our respective governments will probably
never see that sight, which history has
reserved for a younger generation than ours.
But perhaps it is not too much to hope that
we will see it in our mind's eye and that in
the work we have to do we, too, will be able
to serve also, in some small measure, as
"envoys of mankind."

On behalf of the United States I have the
privilege of commending this treaty to the
First Committee of the General Assembly
and urge that the resolution which will speed
it forward be promptly unanimously ap-
proved.



STATEMENT IN PLENARY, DECEMBER 19

U.S. delegation press release 6037

It is indeed fitting that the treaty on outer
space should come before the General
Assembly as the 21st session draws to a close,
for that extraordinary document provides at
the same time a momentous finale to the
work pf this session and a note of progress
and cooperation and hope from which future
sessions may derive inspiration and light.

On this historic occasion the United States
would like to join the other nations that have
acknowledged a special debt to the Committee
on the Peaceful Uses of Outer Space, to the
space and nonspace powers alike, without
whose contributions this treaty would never
have been possible. And, of course, I should
like to acknowledge our thanks and apprecia-
tion to Ambassador Waldheim and Professor
Lachs for their leadership in this great
effort.

This, in every sense of the word, is a
United Nations treaty in which all member
nations can justly take great pride. It has
been negotiated under the auspices of the
organization and is the instrument of its
labor. The treaty furthers the aims of the
charter by greatly reducing the danger of
international conflict and by promoting the



JANUARY 9, 1967



prospects of international cooperation for
the common interests in the newest realm of
human activity.

This treaty is an important step toward
peace. It takes its place in a historic progres-
sion: the Antarctic Treaty of 1959, the
limited test ban treaty of 1963, and now this
treaty. We hope and trust this series of
peacebuilding agreements will continue to
grow. Nothing would make the United States
happier than if a treaty against the prolifer-
ation of nuclear weapons should soon be
added as the fourth compact on this historic
list. Thus, step by step, we shall advance the
rule of law into further areas of the relations
between states.

Mr. President, it is with great satisfaction
that the United States will vote for Draft
Resolution II, which commends the treaty on
outer space and expresses the hope for the
widest possible adherence to this treaty, a
hope we share in full measure and full con-
fidence.



TEXT OF RESOLUTION °

Treaty Governing the Exploration and Use of
Outer Space, Including the Moon and Other
Celestial Bodies

The General Assembly,

Having considered the report of the Committee on
the Peaceful Uses of Outer Space ' covering its work
during 1966, and in particular the work accom-
plished by the Legal Sub-Committee during its fifth
session, held at Geneva from 12 July through 4
Aug^ust and at New York from 12 September
through 16 September,

Noting further the progress achieved through sub-
sequent consultations among States Members of the
United Nations,



'U.N. doc. A/RES/2222 (XXI); adopted unani-
mously by the Assembly on December 19. Two other
resolutions on the subject of outer space were
adopted on the same day and also were supported
by the United States; A/RES/2221 (XXI) calling
for a United Nations conference on the exploration
and peaceful uses of outer space to be held at Vienna
in September 1967; and A/RES/2223 (XXI) endors-
ing a number of other recommendations in the report
of the Committee on the Peaceful Uses of Outer
Space.

« U.N. doc. A/6431.



83



Reaffirming the importance of international co-
operation in the field of activities in the peaceful
exploration and use of outer space, including the
moon and other celestial bodies, and the importance
of developing the rule of law in this new area of
human endeavour,

1. Commends the Treaty on Principles Govern-
ing the Activities of States in the Exploration and
Use of Outer Space, including the Moon and Other
Celestial Bodies, the text of which is annexed to this
resolution ;

2. Requests the depositary Governments to open
the Treaty for signature and ratification at the
earliest possible date ;

3. Expresses its hope for the widest possible ad-
herence to this Treaty;

4. Requests the Committee on the Peaceful Uses
of Outer Space :

(a) To continue its work on the elaboration of an
agreement on liability for damages caused by the
launching of objects into outer space and an agree-
ment on assistance to and return of astronauts and
space vehicles, which are on the agenda of the Com-
mittee ;

(b) To begin at the same time the study of ques-
tions relative to the definition of outer space and the
utilization of outer space and celestial bodies, includ-
ing the various implications of space communica-
tions ;

(c) To report to the twenty-second session of the
General Assembly on the progress of its work. '



TREATY INFORMATION



Income Tax Convention Signed
With Trinidad and Tobago

Department Statement

Press release 302 dated December 23

On December 22, 1966, the American Am-
bassador at Port of Spain and the Minister
of Finance of Trinidad and Tobago signed
a convention between the United States and
Trinidad and Tobago for the avoidance of
double taxation and the prevention of fiscal



evasion with respect to taxes on income and
the encouragement of international trade
and investment.

The income tax convention of April 16,
1945, between the United States and the
United Kingdom, a^ modified by supplemen-
tary protocols of June 6, 1946, May 25, 1954,
and August 19, 1957,^ was extended in its
application to Trinidad and Tobago as of
January 1, 1959, pursuant to the procedure
prescribed in article XXII of that conven-
tion. Trinidad and Tobago became an inde-
pendent nation on August 31, 1962. In 1965,
in accordance with provisions in the 1945
convention for that purpose, the Govern-
ment of Trinidad and Tobago gave notice
to the United States Government of an in-
tention to terminate the application of the
convention as between it and the United
States.

The new convention is limited in scope;
and it is anticipated that it will be replaced
by a more comprehensive income tax con-
vention between the two countries, negotia-
tions for which will be commenced during
1967.

The new convention is designed primarily
as an interim measure to permit corpora-
tions of one of the countries to receive divi-
dends from their subsidiary corporations op-
erating in the other country (a subsidiary
for this purpose being a corporation at least
10 percent of the outstanding shares of vot-
ing stock of which is owned by the recipient
corporation) at a reduced rate of withhold-
ing tax. Under existing internal law of each
country, dividends paid by a corporation of
one country to a resident of the other coun-
try are subject to a 30 percent withholding
tax. Subject to prescribed conditions, the
convention will have the effect of reducing
this withholding rate to 5 percent with re-
spect to such dividends.

In addition to its corporation tax, which
is imposed at a rate of 44 percent, Trinidad
and Tobago imposes, under its Finance Act
of 1966, a tax of 30 percent on profits (after



' The text of the treaty was printed as an annex
to this resolution.



' Treaties and Other International Acts Series
1546, 3165, 4124.



84



DEPARTMENT OF STATE BULLETIN 111



payment of the corporation tax) derived in
Trinidad and Tobago by a permanent estab-
lishment of a United States corporation un-
less such profits are invested within Trinidad
and Tobago. Subject to prescribed conditions,
the convention will have the effect of reduc-
ing the rate of this "branch profits" tax to
5 percent.

In general, therefore, the convention pre-
scribes a 5 percent rate limitation on the tax
that can be imposed by the source country
on dividends derived from sources within
that country to certain corporations of the
other country. It prescribes a 25 percent rate
limitation on the tax that can be imposed by
the source country on dividends derived from
sources within that country to other corpo-
rations and individual residents of the other
country.

The convention also contains articles des-
ignating the taxes that are the subject of the
convention, defining various terms found in
the convention, and prescribing the foreign
tax credit.

The convention will enter into force upon
the exchange of instruments of ratification,
but it is agreed that all necessary steps will
be taken to make the provisions effective as
of January 1, 1966. The convention shall
terminate on December 31, 1967, but may
be continued in effect from year to year by
an exchange of notes for that purpose on or
before December 31 of any taxable year.

The convention will be transmitted to the
Senate for advice and consent to ratification.



Current Actions



MULTILATERAL

Atomic Energy

Agreement for the application of safeguards by the
International Atomic Energy Agency to the bilat-
eral agreement between the United States and
Spain of August 16, 1957, as amended (TIAS
3988, 5990), for cooperation concerning civil uses
of atomic energy. Signed at Vienna December 9,
1966. Entered into force December 9, 1966.

Aviation

Convention on offenses and certain other acts com-



mitted on board aircraft. Done at Tokyo Septem-
ber 14, 1963.'
Signature : Denmark, November 21, 1966.

Coffee

International coffee agreement, 1962, with annexes.
Open for signature at United Nations Headquar-
ters, New York, September 28 through November
30, 1962. Entered into force December 27, 1963.
TIAS 5505.
Accession deposited: Kenya, December 15, 1966.

Customs

Convention concerning the International Union for
the Publication of Customs Tariffs. Done at Brus-
sels July 5, 1890. Entered into force April 1, 1891.
26 Stat. 1518.
Adherence deposited: Algeria, September 29, 1966.

Protocol modifying the convention signed at Brussels
July 5, 1890, relating to the creation of an Inter-
national Union for the Publication of Customs
Tariffs (26 Stat. 1518). Done at Brussels Decem-
ber 16, 1949. Entered into force May 5, 1950; for
the United States September 15, 1957. TIAS 3922.
Adherence deposited: Algeria, September 29, 1966.

IMaritime Matters

Amendments to the convention on the Intergovern-
mental Maritime Consultative Organization (TIAS
4044). Adopted at London September 15, 1964.'
Acceptances received: Argentina, September 30,
1966; Bulgaria, September 29, 1966; Czechoslo-
vakia, October 3, 1966; Senegal, September 28,
1966.
Convention on facilitation of international maritime
traffic, with annex. Done at London April 9, 1965.
Open for signature April 9 to October 9, 1965.'
Acceptance deposited: Union of Soviet Socialist
Republics (vdth a statement), October 25, 1966.

Postal Matters

Constitution of the Universal Postal Union with
final protocol, general regulations with final proto-
col, and convention with final protocol and regula-
tions of execution. Done at Vienna July 10, 1964.
Entered into force January 1, 1966. TIAS 5881.
Ratifications deposited: China, September 6, 1966;
Tunisia, September 13, 1966.

Property

Convention of Union of Paris of March 20, 1883, as
revised, for the protection of industrial property.
Done at Lisbon October 31, 1958. Entered into
force January 4, 1962. TIAS 4931.
Notification of accession: Dahomey, December 10,
1966.

Slavery

Supplementary convention on the abolition of slav-
ery, the slave trade and institutions and practices
similar to slavery. Done at Geneva September 7,
1956.*

Accession deposited: Afghanistan, November 16,
1966.

Wheat

Protocol for the further extension of the Interna-
tional Wheat Agreement, 1962 (TIAS 5115). Open
for signature at Washington April 4 through 29,
1966. Entered into force July 16, 1966 for part I



' Not in force.

• Not in force for the United States.



JANUARY 9, 1967



85



and parts III to VII; Augiist 1, 1966 for part II.
Acceptances deposited: Finland, December 14,

1966; Mexico, December 22, 1966; Venezuela,

December 19, 1966.

Women — Political Rights

Convention on the political rights of women. Done
at New York March 31, 1953. Entered into force
July 7, 1954."

Accession deposited: Afghanistan, November 16,
1966.



BILATERAL

Australia

Agreement relating to the establishment of a joint
defense space research facility. Signed at Can-
berra December 9, 1966. Entered into force De-
cember 9, 1966.

Dominican Republic

Agreement for the continuation of a cooperative pro-
grram for meteorological observations. Effected by
exchange of notes at Santo Domingo June 17 and
July 21, 1966. Entered into force July 21, 1966;
effective June 30, 1965.

Germany, Federal Republic of

Agreement relating to the transfer of three paint-
ings to the Federal Republic of Germany for the
Weimar Museum. Effected by exchange of notes
at Washington December 9 and 16, 1966. Entered
into force December 16, 1966.



Japan

Agreement relating to the establishment of a geo-
detic satellite observation station at Kanoya. Ef-
fected by exchange of notes at Tokyo September
12 and 19, 1966. Entered into force September 19,
1966.

Mexico

Agrreement relating to creation of a joint commis-
sion to study economic and social development of
the border area. Effected by exchange of notes at
Mexico and Tlatelolco November 30 and Decem-
ber 3, 1966. Entered into force December 3, 1966.

Paraguay

Agreement amending the agreement of October 28,
1955 (TIAS 3558), relating to investment guaran-
ties. Signed at Asuncion August 11, 1966.
Entered into force : November 16, 1966.

United Kingdom

Agreement relating to a cooperative meteorological
program in the Cayman Islands. Effected by ex-
change of notes at Washington November 23 and
December 12, 1966. Entered into force December
12, 1966; effective July 1, 1962.

United Nations

Agreement amending the supplemental agreement
of February 9, 1966, regarding the headquarters
of the United Nations (TIAS 5961). Effected by
exchange of notes at New York December 8, 1966.
Entered into force December 8, 1966.



' Not in force for the United States.



DEPARTMENT OF STATE BULLETIN VOL. LVI, NO. 1437 PUBLICATION 8183 JANUARY 9, 1967



The Department of State Bulletin, a
weekly publication issued by the Office of
Media Services. Bureau of Public Affairs,
provides the public and interested agencies
of the Government with information on
developments in the field of foreign rela-
tions and on the work of the Department
of State and the Foreign Service. The
Bulletin includes selected press releases on
foreign policy, issued by the White House
and the Department, and statements and
addresses made by the President and by
the Secretary of State and other officers of



the Department, aa well as special articles
on various phases of international affairs
and the functions of the Department. In-
formation is included concerning treaties
and international agreements to which the
United States is or may become a party
and treaties of general international inter-
est.

Publications of the Department, United
Nations documents, and legislative material
in the Held of international relations are
listed currently.

The Bulletin is for sale by the Super-



intendent of Documents, U.S. Government
Printing Office. Washington, D.C., 20402.
Price: 52 issues, domestic $10. foreign $16;
single copy 30 cents.

Use of funds for printing of this publi-
cation approved by the Director of the
Bureau of the Budget (January 11, 1966).

Note: Contents of this publication are
not copyrighted and items contained herein
may be reprinted. Citation of the Depart-
ment of State Bulletin as the source will
be appreciated. The Bulletin is indexed in
the Readers* Guide to Periodical Literature.



86



DEPARTMENT OF STATE BULLETIN



INDEX January 9, 1967 Vol. LVI, No. 14S7



I



I



Africa. Institutions for Order (Sisco) .... 64

Antarctica. U.S. Appoints Observers for Ant-
arctic Inspections 71

Asia. Advisers Named for Near Eastern and
South Asian Bureau 72

Chile. President Frei of Chile To Visit the United
States (Johnson) 71

Department and Foreign Service. Advisers
Named for Near Eastern and South Asian
Bureau 72

Disarmament. Secretary Rusk's News Confer-
ence of December 21 42

Economic Affairs.

Income Tax Convention Sigrned With Trinidad

and Tobago 84

Mr. Lilienthal To Head U.S. Team Studying

Vietnamese Development 69

Mexican-U.S. Trade Committee Holds Second

Meeting 70

U.S. Businessmen To Visit Korea for Investment,

Trade Studies 69

Europe. North Atlantic Council Meets at Paris
(communique) 49

Foreign Aid. Secretary Rusk's News Conference
of December 21 42

Human Rights. Institutions for Order (Sisco) 64

India. Secretary Rusk's News Conference of De-
cember 21 42

International Law. Viet-Nam and the Interna-
tional Law of Self-Defense (Meeker) ... 54

Korea. U.S. Businessmen To Visit Korea for In-
vestment, Trade Studies 69

Mexico. Mexican-U.S. Trade Committee Holds
Second Meeting 70

Military Affairs. North Atlantic Council Meets
at Paris (communique) 49

Near East

Advisers Named for Near Eastern and South



Online LibraryUnited States. Dept. of State. Office of Public CoDepartment of State bulletin (Volume v. 56, Jan- Mar 1967) → online text (page 21 of 90)