Foreign Relations of the United States: Diplomatic Papers, 1945, General: The United Nations, Volume I

500.CC(PC)/12–2345: Telegram

The Acting United States Representative on the Preparatory Commission (Stevenson) to the Acting Secretary of State

London, December 23, 1945.
[Received December 24, 1945—2:50 a.m.]

13453. Copre 652. Statement follows of main changes made by PreCo in ExCom report for use in preparations of US delegation to GA:

Main Changes by Preparatory Commission in Executive Committee Report

I. General Assembly

A. New items

1. Agenda—addition to provisional agenda of items: “Items of urgent importance including the problem of refugees.”

Proposed by Committee 3, opposed by USSR, strongly supported by UK and Australia, and not opposed by US.

2. Rule on calling of international conferences by EcoSoc—additional supplementary rule was adopted providing that EcoSoc may call international conferences on matters within its competence, including trade and employment, and health, in accordance with Article 62, Paragraph 4. Proposed by US, opposed by UK and USSR, and supported by great majority. All states were unanimous that some rule was necessary, but issue was whether to itemize health and trade and employment.

3. Expert Committee on Contributions—addition of provisions in rules of procedure and paper on committee structure for an expert Committee on contributions comprising 7 members selected on the basis of broad geographical representation and experience and serving for a period of 3 years, members retiring by rotation and eligible for re-election.

Proposed as result of ExCom discussions in committee on administrative and budgetary questions and unanimously supported.

B. Modifications

1. General Committee, including the 6 committee chairmen, reduced from 15 to 14 by omission of chairman of Credentials Committee, with provision that it shall be constituted to ensure its representative character and that chairmen of committees shall be elected on the basis of equitable geographical distribution, experience and personal competence.

Originally opposed by USSR, who did not wish to include committee chairmen, but finally supported unanimously (except Ecuador).

2. Nominations Committee is omitted altogether.

USSR opposed Nominations Committee in ExCom. All other states finally voted against this committee except Brazil, Canada and US, but we did not consider it a vital matter.

3. Two committees in economic and social field—definite decision was reached to establish two main committees in economic and social field: (1) An economic and financial committee and (2) a social, humanitarian, and cultural committee, instead of one overall committee to initiate and coordinate economic and social policy as proposed by US.

This decision, strongly supported by UK, was carried by just a two-thirds vote. We opposed it but are agreeable to experimenting with two committees instead of one.

4. Language provisions in rules of procedure, in place of modified San Francisco language rules for GA worked out by ExCom the rules as adopted at San Francisco will prevail “unless otherwise decided.” Decision generally supported in view of suggestion raised by Ecuadoran Delegate that 5 working languages might be desirable. Decision on working languages is therefore postponed until later.

II. Security Council

A. New items

None.

B. Modifications

1. Period of notice for agenda—a blank space, to be filled in by SC was substituted in Rule 5 of the provisional rules of procedure for the 48 hour rule proposed by ExCom. This rule has reference to the period of notice required for the agenda of regular meetings of SC.

Proposed by Mexico as a substitute for USSR proposal to fix interim at 7 days. Accepted unanimously.

2. Invitation for assistance by SC—Rule 1 of footnote on page 42 of ExCom report was incorporated as Rule 17 in the provisional rules. It provides: “The Security Council may invite members of the Secretariat or any person, whom it considers competent for the purpose to supply it with information or to give their assistance in examining matters coming within its competence.”

Its adoption was proposed by Syria. The US opposed.

3. Language provisions in rules of procedure—the section of the provisional rules dealing with languages was deleted and the following rule (Rule 18) substituted: “The rules adopted at the San Francisco Conference regarding languages shall prevail until otherwise decided.”

Ecuador proposed that reference to English and French as working languages be dropped. The United Kingdom proposed the compromise which was accepted and which the US supported.

4. Records of meeting—the second sentence of Rule 31 of the provisional rules recommended by the Executive Committee was revised to read: “This record shall be kept by the Secretary-General and the representatives of states who have taken part in the meeting may have corrections made in their own speeches within a period of 10 days.” The effect of this is to open the records of private meetings to non-members of the Council who have participated in discussions of the Council under Articles 31 and 32 of the Charter.

Proposed by Canada and accepted without objection.

5. Records of meetings—the last sentence of Rule 31 of the provisional rules as recommended by ExCom providing that representatives of members who have taken part in a private meeting shall have the right to consult the records was deleted.

Syria proposed that the records in question be open to all members of the United Nations. This was opposed by the United States. The deletion of the last sentence was a compromise proposed by Australia and was supported by the US.

III. Economic and Social Council

A. New items

1. Commission on Narcotic Drugs—added as the fifth commission recommended for immediate establishment by EcoSoC.

Proposed by China supported by US, UK and the Netherlands; adopted unanimously by Committee 3.

B. Modifications

1. Fiscal Commission—included as third commission recommended for consideration as to desirability of establishment at an early date, possibly at first session of EcoSoC.

Proposed for immediate establishment by Canada; supported by UK; opposed by USSR and others; failed of adoption; US proposal to put Fiscal Commission in category described in preceding paragraph adopted.

2. Coordination Commission—recommended that EcoSoC consider at first session advisability of establishing such a commission.

Proposal in foregoing sense by USSR accepted by Belgium (originally in favor of recommendation for immediate establishment) as compromise; adopted almost unanimously.

3. Refugees—mentioned specifically in agenda Item 10 (11 of agenda in ExCom report): “Discussion of the problem of refugees and of such other urgent problems,” etc. As in ExCom report; recommended for specific mention in agenda for GA (see Section I of this memorandum).

Proposed by UK (after discussion indicated clearly that UK proposal to recommend immediate establishment of a Refugee Commission would not be accepted); supported by Union of South Africa; adopted by 15 votes to 6 (USSR, Byelo-Russia, Czechoslovakia, Poland, Ukraine, and Yugoslavia).

4. Relationships with specialized agencies—the section of the report on this subject (Chapter VIII of ExCom report; Section 5 of Chapter III of PreCo report) submitted to GA as observations designed to serve as a guide to EcoSoC in its negotiations with specialized agencies.

Proposed by UK; supported by the Netherlands; adopted unanimously.

IV. The Trusteeship System

A. New items

1. Draft resolution—all of Chapter IV, except provisional rules of procedure for TrustCo to be replaced by single draft resolution which states that

(a) The GA calls on the mandatory powers to undertake the practical steps, in concert with the other states directly concerned, for the conclusion of trusteeship agreements for approval preferably not later than the second part of the first session of the GA and that

(b) Those trusteeship matters which will be taken up by the GA at the first part of its first session will be considered by the Trusteeship Committee, using the methods which the GA considers most appropriate for the further consideration of these matters.

The proposal of ExCom for the establishment of a temporary Trusteeship Committee was strongly opposed by the Soviet bloc and the Arab League, which favored a simple invitation to mandatory powers to negotiate agreements immediately; draft resolution, based on a Yugoslav proposal, was prepared by a subcommittee consisting of Yugoslavia, USA, UK, USSR, Belgium and Syria; the phrase “in concert with the other states directly concerned” was inserted at suggestion of USA after other members refused to agree to invitation to “the states directly concerned, including the mandatory power”; last paragraph was added to original Yugoslav draft resolution at insistence of USA, supported by UK; resolution was adopted by vote of 28–0, many members reserving right to propose changes in the GA.

2. Provisional rules of procedure—Rule 58: Following sentence inserted between first and second sentences: “During such surveys the Trusteeship Council is empowered to use various methods to insure the fullest possible expression of the wishes of the local population, such as the voice of the representative organs if they exist, the holding of public elections of spokesmen, consultation with the national organizations, popular referendum, direct contact by the special representatives of the Trusteeship Council with the people of the territory, and other methods appropriate to the progressive state of political development of the people.”

Original amendment proposed by Philippines and referred to a subcommittee, which presented majority recommendation and two minority recommendations; present amendment proposed by Ukraine and adopted, 20–4, without discussion; USA, UK, China and South Africa opposed, USA because amendment did not state that Trusteeship Council should exercise these powers “in conformity with the respective trusteeship agreements.”

B. Modification

1. Provisional rules of procedure for Trusteeship Council—Rule 1. Semi-annual meetings substituted for annual meetings.

Proposed by USSR.

Rule 6. Following sentence added: “A member of the United Nations which has proposed an item on the agenda of the Trusteeship Council is entitled to be present and heard when such item is being discussed.”

Proposed by Syria.

Rule 7 and 9. Semi-annual elections substituted for annual elections.

Proposed by USSR.

Rule 24. Restrictions on publicity were revised so that all meetings of Trusteeship Council and subsidiary bodies will be public unless in exceptional circumstances it is decided otherwise.

Rule 30. Following phrase added to first sentence “including questions on the activity of and measures taken by the administering authority to that end.”

Proposed by Syria.

Rule 38. Entire second sentence, regarding rejection of petitions, deleted after USA and other delegations proposed amendment of individual clauses.

Rule 39. Last 11 words of first sentence and entire second sentence deleted.

Proposed by USA.

Rule 40. Phrase “are permitted” in last sentence changed to “are not prohibited.”

Rule 41. Deleted on motion of Egypt.

Rule 44. Deleted on motion of Liberia.

V. International Court of Justice

A. New items

None.

B. Modifications

1. Dissolution of P.C.I. J.

Deletion from Section 2 of Chapter V of report of the following:

(1) The whole of the “resolution to be moved in the Assembly of the League of Nations”; and

(2) The reference to that text which is made in the remaining portion of that section. (See PC/LEG/31).

Suggested by Belgium and approved without opposition or vote.

VI. Facilities, Privileges and Immunities of the United Nations

A. New items

1. A draft general convention on privileges and immunities transmitted as a working paper to GA. /PC/LEG/42/.

Proposed by the Canadian Delegation in Committee 5, vigorously supported by UK and Belgian delegations, no opposition to draft convention as such but general reservations and exceptions made by all delegations including US. General insistence that present draft have only working paper status.

2. Recognition that certain specialized agencies, in some cases, by reason of their particular functions, may require privileges of a special nature which are not required by the United Nations. Language in this sense introduced by Committee 5 in excerpted Paragraph 5 of Chapter V of report of Executive Committee which appears in PC/LEG/42, Page 2.

VII. The Secretariat

A. New items

1. An International Civil Service Commission to be established by the Secretary-General, in consultation with the heads of the specialized agencies, to advise on methods of recruitment and means to achieve the adoption of common standards of recruitment in the Secretariat and in the specialized agencies brought into relationship with the United Nations.

Original proposals by the US, UK and Canada were reconciled in a compromise, including major points of US amendment. Netherlands, Brazil, US, USSR and New Zealand supported appointment of members by Secretary-General in consultation with the heads of specialized agencies. UK, France, Belgium, Mexico, Argentina and Chile supported Assembly appointment.

2. An information policy statement prepared by the special Advisory Committee on Information was approved, in principle, and attached as an annex to the report for the guidance of the Assembly and the Secretary-General.

3. 3. Temporary classification and compensation schedules are to be prepared by the advisory group of experts.

Proposed by France and agreed by US as a result of debate on striking of detailed grading schedules from the report. (See Modification 2 below.)

B. Modifications:

1. The staff regulations were condensed to a statement of general principles, leaving details to be promulgated as rules by the Secretary-General.

Proposed by US, generally supported after initial opposition by Belgium and France.

2. The detailed classification and compensation grading schedules were stricken from the report, except for statement of general principles to be followed by the Secretary-General and the advisory group of experts.

Proposed by US, supported by USSR. Strongly opposed by Belgium and France.

3. Permanent tenure was substituted for the ExCom 5–year contract for all positions except Secretary-General, Assistant Secretaries-General, Directors and such other higher positions as Secretary-General may designate, for which a 5–year term will be retained.

Proposed in different form by Belgium, Canada and US. General support obtained for recommendation based on compromise U.S. amendment. After initial opposition by Netherlands, Greece and Soviets, unanimity was reached on the proposals.

4. Assistant Secretaries-General. The ExCom recommendation that Assistant Secretaries-General be the heads of departments was modified to leave the Secretary-General latitude in placing one or more departments under a single Assistant Secretary-General.

Sponsored by US originally to leave Secretary-General free to utilize assistants as he saw fit. Opposed by UK, Netherlands, Chile and Canada. Final compromise embodies most of US views.

5. The status of the report was modified by forwarding Section 2 of the report and staff rules for the guidance of the Secretary-General in lieu of requiring detailed conformation to the detailed plans and policies.

Sponsored by the US, supported by UK and USSR. Opposed by Netherlands, Belgium and France.

6. The Department of Security Council Affairs was substituted for the “Department for the Maintenance of International Peace and Security” and the descriptive sections of the report were modified as a solution to the “semantics” difficulty between those delegations supporting organization by functions and those supporting one by organs.

Compromise on US, Canadian, USSR and ExCom proposals was initiated by US and supported by USSR, UK, Canada, Greece, US, Mexico, Brazil and the Netherlands. Opposed by Chile and Belgium.

7. Conference and General Services and Administrative and Financial Services were substituted for the Central Bureau, Treasury Department, and Administrative Services and Personnel Department proposed in ExCom.

The US proposed the substitution of several staff offices for the department proposed in the ExCom report. After substantial modification to provide two groups of services with independent offices, thus incorporating most of US views and with an Assistant Secretary-General as the principal staff aide to the Secretary-General, the proposal was accepted by the UK, USSR, Belgium and Canada.

8. The organizational latitude provided the Secretary-General in the ExCom report was widened to give the Secretary-General complete freedom in the distribution of work between the departments and services and the rearrangement of the initial organization recommended for the Secretariat.

Proposed by the US and USSR. Generally supported after initial opposition by the UK, Netherlands, Belgium and France.

9. The coordination of economic and social departments is left to the Secretary-General and he is free to utilize any organizational method short of a single department. The ExCom report had provided for separate department heads and no coordination work.

The US proposed that both departments be under a single Assistant Secretary-General. The compromise language suggested by Poland was accepted in preference to a certain defeat on the original US proposal, as it still leaves the Secretary-General free to place the two departments under a single Assistant Secretary-General if he finds it necessary.

10. The proposed salary of the Secretary-General and salaries of the staff were stricken from the report.

US proposal recommended by the advisory group of experts. Opposed by France.

VIII. Financial Arrangements

A. New item

1. Draft provisional financial regulations prepared by the advisory group of experts together with US amendments, were referred to GA as a working paper for its consideration.

The US was able to obtain agreement on amending these regulations to strike the provision for submission of the budget by the SyG to the members in advance of presentation to GA. The paper was transmitted as a working document rather than as a recommendation at the suggestion of the USSR.

B. Modifications

1. The title “Advisory Committee on Administrative and Budgetary Questions” was submitted for “Supervisory Committee on Administrative and Budgetary Questions”. The statement of functions of this committee and of its relationships was modified to limit the committee to advice for GA and the Administrative and Budgetary Committee, and to avoid implication that the committee supervises or controls in any way the Secyt or the SyG. The text of the report was revised so as to leave open the question of the time at which the budget was to be submitted to the committee and the member states by the SyG.

The original US proposal, which would have established the committee as the staff for the Advisory Committee on Administrative and Budgetary Questions, met with very strong opposition from the UK, Venezuela, Czechoslovakia, China, the Netherlands, Australia and the USSR, the other members of the subcommittee appointed to consider the proposal. The compromise modifications, as adopted, embody the major points in the US proposal.

2. Payment of travel expenses of delegates to the GA was advanced to the status of a definite recommendation as against the general approval of the principle in the ExCom report.

Sponsored by the UK and generally supported. At US request, the UK sponsored an amendment to make it impossible for members in default to obtain cash payments for travel of their delegates.

3. The financial year was changed from January 1 to December 31. Sponsored by the US and formally proposed by the advisory group of experts.

4. The working capital fund advances are to be calculated on straight FAO formula rather than on a floor of $5,000 and FAO formula for nine countries.

Based on advisory group of experts recommendation the US took hand in securing unanimous support for a definite recommendation as the working capital fund and system of advances after a number of countries, including Brazil, USSR, Mexico and Chile had proposed transmittal of the proposal as a working paper.

IX. Permanent Headquarters of UNO

A. New items

1. Decision on east of US for site—a recommendation was adopted that the site of the permanent headquarters should be in the east of the USA. Initiated by Freitas-Valle^59a and strongly supported by the UK, most of the European states and many of the Latin American states, the vote on this proposal was 25 to 5 with 10 abstentions including US.

2. Interim Committee—appointment of an interim committee to make recommendations during the first part of the GA on the exact location of the permanent headquarters of UNO within the US. This committee was created because insufficient time remained after the decision to locate the headquarters in the US for the PreCo to examine the mass of data already submitted on various proposed sites. The Interim Committee will also carry on work on a draft agreement with the host state on the basis of the principles embodied in a draft which the PreCo will forward to the GA for information but not as a recommendation.

X. The League of Nations

A. Modifications

The purposes of Chapter IX of the Executive Committee report are achieved in substance, but with a change in procedure, by means of 3 recommendations set forth in PC/11 and PC/12, which abandoned the formal concept of en bloc transfer.

1. Treaty functions entrusted to the League. The draft resolution dealing with this subject (Section 2. Ch. IX, report) is simply repeated in PC/12, Section 1, with the substitution of the term “assume” for the term “take over” in the text.

2. Non-political functions and activities of the League other than those entrusted under treaties. Recommendations in Section 2 of PC/12 provide:

(1) For a survey of such functions by the Economic and Social Council prior to assumption of any of them by the United Nations, but pending completion of the survey, it is recommended that the League work in the economic, financial and transit department and health and opium sections should be assumed and continued on a provisional basis when the League is dissolved;

(2) That provisions be made for taking over and maintaining in operation the library and archives and for completing the League of Nations treaty series;

(3) That experienced League personnel be used for the purposes in (1) and (2) above on a conditioned basis. Paragraph 4 of Section 2 of PC/12 states that “the Preparatory Commission believes that the foregoing recommendations cover all parts of the report by the Executive Committee relating to the transfer of functions, powers, and activities of the League of Nations with the exception of Paragraph 9 …”

3. League supervised loans. Paragraph 4 of Section 2 of PC/12 refers to Paragraph 9 of Chapter IX of ExCom report, and says “the Preparatory Commission makes no recommendation on this subject; it considers that it can be brought by any interested government before the EcoSoc.”

4. Assets of the League. PC/11 contains a recommendation providing for:

(1) A committee of 8 persons to be designated by 8 named states, including the United States, to confer with the League Supervisory Committee for the purpose of bringing in a plan for the transfer of the assets of the League to the United Nations.

(2) The committee should consult with the ILO on questions connected with this transfer which affect that organization.

(3) The committee is to have regard to the views expressed in the report. Ch. IX, Section 3, Parts B and D, which deal with assets.

(4) The contemplated plan is subject to approval by the GA. It should be ready in time to be considered during the first part of the first session of the Assembly.

5. Disposition of Part IX of ExCom report.

Section 2 is preserved, as indicated above, in PC/12, Section 1. Sections 1 and 3 are replaced by the new recommendations embodied in PC/12, Section 2, and PC/11, except as so preserved or incorporated by reference. Sections 1 and 3 of the ExCom report are not transmitted to the GA.

The above complex modification of the scheme envisaged in Chapter IX of the report is the result of a compromise put forth by the Polish Delegation and elaborated in a small drafting committee composed of the delegates of UK, USSR, Poland and Egypt, China, France, Australia and other important League members supported it and no opposition toward it was manifested in Committee 7. The US reserved on valuation of the League property, but supported the above solution.

Stevenson

1. Cyro de Freitas-Valle of Brazil.