Foreign Relations of the United States, Diplomatic Papers, 1940, The American Republics, Volume V

710.Consultation(2)/271a: Circular telegram

The Secretary of State to Diplomatic Missions in Argentina, Brazil, Chile, Colombia, Cuba, Mexico, Peru, Uruguay, and Venezuela

Washington, July 11, 1940—5 p.m.

You are requested to call at the earliest possible moment upon the Foreign Minister of the country to which you are accredited. You will recall to him that this Government suggested the desirability of a consultative meeting of the Foreign Ministers because of its belief that it was urgent, in accordance with Resolution XVI adopted at the meeting in Panama in 1939, that the American republics study the problems which might confront them in case the sovereignty now exercised by non-American states over geographic regions of the Americas is relinquished, lapses, or is materially impaired. The agenda approved by the Governing Board of the Pan American Union provides for consideration of this question under paragraph (1), Chapter II.

With a view to expediting consideration of this topic at the forthcoming Meeting in Habana, this Government has drawn up a draft convention and draft resolution which follow hereafter. The resolution is drafted to provide for emergency action, should it be necessary, prior to the time that the convention comes into force.

In furnishing these texts to the Foreign Minister please bring out that they are to be considered as first drafts and are therefore to be considered subject to whatever modifications and improvements are deemed necessary and desirable. We would welcome an exchange of views with the Government to which you are accredited prior to the opening of the Habana Meeting in order, as stated above, that action there may be expedited. You should therefore offer to transmit any comments or suggestions which the Government to which you are accredited may desire to offer.

Draft Convention

The Governments represented at the Second Meeting of Foreign Ministers,

Convinced that the status of the possessions of non-American states in the Americas is a matter for common concern on the part of the American republics;

Recalling that the Foreign Ministers of the American republics at their meeting held in Panama in 1939 resolved (Resolution XVI) that “in case any geographic region of America subject to the jurisdiction of any non-American state should be obliged to change its sovereignty and there should result therefrom a danger to the security of the American continent, a consultative meeting such as the one now being held will be convoked with the urgency that the case may require”;

Having convoked the present Meeting of the Foreign Ministers of the American Republics at Habana in part to study the problems which may confront the American republics in case the sovereignty now exercised by non-American states over geographic regions of the Americas is relinquished, lapses, or is materially impaired;

Recognizing that existing world conditions counsel the rapid collective adoption by the American republics of a common policy with respect to the situation in question; and

Desiring to conclude a convention on this subject, have designated the following plenipotentiaries: who, after having deposited their Full Powers, found to be in good and due form, have agreed as follows:

I

That the principles which inspire the policy of the American republics with respect to the regions in question are the following:

(a) The American republics reaffirm as necessary to their preservation and security their policy of non-recognition of and non-acquiescence in the acquisition of territory in this hemisphere by force;

(b) The American republics would regard any transfer, or attempted transfer, of the sovereignty, jurisdiction, possession or any interest in or control over any such region to another non-American state, as inimical to their peace, safety, and political independence;

(c) No such transfer or attempt to transfer or acquire any interest in or right to any such region directly or indirectly will be recognized or acquiesced in by the American republics or any one of them;

(d) The American republics reserve the right to judge whether any change in the political relations of the European possessors on September 1, 1939 of geographic regions in the Americas has the effect of impairing their political independence or freedom of action, even though no formal transfer or change in the status of such region or regions shall have taken place.

(e) That since the status of these geographic regions is a matter of common interest to the American republics, no one of them will take any action or initiate or entertain any proposal in regard thereto except as may be provided in this instrument without prior consultation with the other American republics; it is understood, however, that this paragraph is not applicable to the settlement of territorial questions now pending between non-American states and states of the continent.

(f) The American republics declare that in the event they find it necessary to take action with respect to any geographic region in the Americas over which a non-American state had undisputed sovereignty on September 1, 1939 to prevent occurrences in contravention of the principles and policies herein set forth, such action will not imply any intention or purpose of territorial aggrandizement of any one of them. On the contrary, the American republics declare their intention either to restore the territory or territories in question to their original sovereigns, whenever the security of the Americas renders such resumption of sovereignty possible, or, to recognize their independence if it shall appear that they are capable of undertaking the task of self-government.

II

Should the American republics find it necessary in order to prevent occurrences in contravention of the principles of policy herein set forth to assume measures of control over any of the geographic regions in question, there shall be established a collective trusteeship participated in by all of the American republics which ratify this convention. The trusteeship shall be exercised by a committee consisting of one representative from each of the ratifying countries. The committee shall select its chairman and otherwise perfect its organization. Action by the committee shall be by a two-thirds vote of those present. Two-thirds of the members shall constitute a quorum for the transaction of business. The committee shall convene at the request of the Government of any one of the Republics ratifying the convention.

III

Should the committee provided for in Article II decide that it is necessary to establish a collective trusteeship in any region, it shall, taking into account the geographic, economic, and strategic considerations, request the Governments of three of the American republics each to designate from among its nationals a commissioner, one of whom shall be selected by the committee as chairman. The commission so organized shall have authority to function by majority vote pending promulgation by it, with the approval of the committee, of such administrative rules of procedure and organization as may be deemed necessary. The emoluments of the commissioners shall be determined by the committee.

IV

The commission shall have the following functions:

(a) To take such steps as may be required for the immediate establishment of the authority of the trusteeship over the region in question;

(b) To administer the region in accordance with its economic, educational, social, and police needs using for this purpose to the extent feasible existing administrative agencies;

(c) To recommend to the committee such military or naval assistance as may be necessary for the proper protection of the region;

(d) To prepare and submit a quarterly report on its administration in which shall be set forth the revenues collected and expenses incurred, as well as an estimate of revenues and expenses for the succeeding quarter and recommendations as to ways and means of raising additional revenue should that appear necessary.

V

The authority to be exercised by the American republics through the medium of a collective trusteeship shall in general contemplate as large a control of domestic affairs by the inhabitants of the regions in question as may be consistent with the security of the American republics and with the fullest practicable measure of stable representative government.

VI

The revenues derived from any region under trusteeship shall be devoted solely to the needs of that region, including such reasonable administrative expenses of the trusteeship as may be recommended by the commission and approved by the committee. Any deficit incurred in providing for the needs of a region or in maintaining the trusteeship shall be borne in the first instance by the governments whose nationals constitute the commission. Such deficit shall, after approval by the committee, be prorated among the American republics in accordance with the method now followed in computing contributions to the Pan American Union.

VII

The present convention shall be ratified by the High Contracting Parties in conformity with their respective consitutional procedures. The Secretary of State of the Republic of Cuba shall transmit at the earliest possible date authentic certified copies to the Governments for the aforementioned purpose of ratification. The instrument of ratification shall be deposited in the archives of the Pan American Union in Washington, which shall notify the signatory Governments of said deposit, such notification shall be considered as an exchange of ratifications.

VIII

The present convention shall enter in force whenever . . . . . . countries have deposited their respective ratification.

Draft Resolution

Whereas, the representatives of the American republics have signed a convention relating to regions in this hemisphere belonging to or claimed by non-American states;

Whereas, situations may develop prior to the coming into force of the said convention necessitating action on the part of the American republics to protect their peace and safety;

The Meeting of the Foreign Ministers of the American Republics

Resolves:

(1) That should it become necessary to establish a collective trusteeship over any geographic region or regions in this hemisphere prior to the entry into force of the convention signed on this date, authority is hereby given the committee designated hereinafter to assume on behalf of the American republics as a whole the responsibility for observing the situation and for taking action on their behalf should such action be necessary in order to prevent occurrences in contravention of the principles and policies set forth in the convention. The committee shall consist of representatives of the following five countries:

(2) This committee shall be organized in accordance with the following procedure:

(a) Each one of the Governments mentioned above will appoint its commissioner within one week from the adoption of this resolution;

(b) These commissioners shall meet not later than two weeks from the adoption of this resolution in the City of . . . . . .

(3) This committee shall exercise all the authority conferred upon the committee and a commission under the convention signed this day. This authority shall include securing and receiving information regarding developments affecting the possessions of the non-American states in this hemisphere and the taking of action as may be necessary in the light thereof and of the principles and policies stated herein and in the Convention signed this day.

(4) Should any Government, at the request of the aforementioned committee, take any action, it is clearly understood that such action will be considered of a provisional nature and shall not give to that Government any special rights in connection with any collective trusteeship which may be established following the coming into force of the convention;

(5) The expenses which may be incurred as a result of the decisions and action of the committee shall be borne in the manner provided for in the convention;

(6) The committee shall render a report quarterly of its administration to the Foreign Ministers of the American republics.

(7) The committee shall terminate:

(a) Whenever the American republics, through the procedure of consultation, decide that the situation which called for its creation no longer exists.

(b) When the commission or commissions to be created in accordance with the provisions of the convention signed on this day shall declare themselves ready to assume the performance of the duties stipulated in that instrument.

Hull