840.50/2308a: Telegram
The Secretary of State to the Ambassador in the United Kingdom (Winant)
For Biddle, Netherlands series No. 6; and for Winant. The following note given July 28 to the Netherlands Chargé d’Affaires:
“The United States Government has given careful consideration to the observations contained in the Ambassador’s note of June 28, 1943, and I offer in response the following comments upon the numbered points covered by that note, in the hope that such comments will be helpful in further consideration of the matter by the Netherlands Government.
1. The Government of the United States is in complete agreement with the Netherlands Government in its judgment of the urgency of adequate preparation for the relief of victims of war, especially in view of the possibility of the early removal of enemy control from areas in which great numbers of civilians are in urgent need.
2. The comments of the Netherlands Government on the composition of the Central Committee seem to indicate an interpretation of the powers and functions assigned to that Committee by the draft agreement [Page 958] which does not seem to be warranted by the terms of the draft. It may be helpful to set forth here this Government’s interpretation of the respective roles to be played by the Council, the Central Committee, the other standing committees of the Council, and the Director General.
The Council, as specifically stated in the draft, ‘shall be the policymaking body of the Administration.’ The Central Committee would be a committee of the Council and not a separate or superior body. Between sessions of the Council, the Central Committee would exercise policy-making functions, should any need arise, on behalf of the Council and responsible to it. On the assumption that the Council would exercise the policy-making functions clearly assigned to it, the Central Committee would be required to supply interim policy decisions only in unforeseen situations. In the case of unexpected developments the Director General would be in a position to summon the Central Committee into immediate session so that he might have its judgment and guidance on any policy matters which had not been covered adequately by decisions of the Council.
The Central Committee would also serve as a nominating committee for the purpose of expediting the organization of the committees of the Council, but all of its nominations would be subject to approval or ratification by the Council.
Membership upon the Council and the standing committees provided by the draft (the Committee of the Council for Europe, the Committee of the Council for the Far East, and the Committee on Supplies of the Council) would assure each member government a full opportunity to participate in those policy-making functions in which it will be most interested. For example, the Committee of the Council for Europe would be in a position to give constant and detailed attention to the formulation of the policies of the organization relating to the relief and rehabilitation program in that area. The Netherlands Government, as well as every other government in the European region, would have a full opportunity, not only through the Council but through this committee as well, to propose those policies which in its opinion would best serve the interests of individual countries and of the European region as a whole. Likewise the interests of the Netherlands East Indies would be fully represented by membership on the Committee of the Council for the Far East. The Committee on Supplies of the Council would give similar representation to supplying governments.
If the organization functions as planned, the initial formulation of policy would rest with the regional committees, the Supplies Committee and such functional committees as the Council may establish. The final determination of policy would rest with the Council.
It is hoped that these observations will make it clear that the Central Committee, under the draft agreement as it now stands, would be an agency of the Council and could not properly supersede it or encroach upon its functions. Neither would the Central Committee be an instrument of administration. In the draft agreement all executive and administrative authority and responsibility is placed with the Director General. He would be expected to have a competent staff composed of many nationalities. This staff would have detailed [Page 959] knowledge of, and would give detailed attention to, relief and rehabilitation problems and the means of meeting those problems, and would work in the closest collaboration with the regional, supplies, and technical committees where policy would be initially formulated. Under the draft the Director General would have the responsibility of providing secretariat and other facilities to all the committees, and his deputies assigned to any region would work in close collaboration with the regional committees. It would seem clear therefore that the agreement would provide for the closest day-by-day cooperation between the Director General’s staff and these committees. The Director General would also of necessity be in constant touch with the governments of areas receiving assistance, under the provisions of Article I, paragraph 2 (a).
In the opinion of this Government the present draft would provide for the full participation of each member government in all of the activities of the Administration in which each would have an interest. It is believed that an organization established along the lines laid down by the draft agreement would operate democratically in the shaping of policies and would provide for efficiency and expedition in the carrying out of the programs based on those policies.
3. It was not intended that the language of Article III, paragraph 3, should indicate that special participation of representatives of member governments in meetings of the Central Committee should include the right to vote. However, the last sentence of Article I, paragraph 2 (a) requires the consent of the member government with respect to activities and measures within territory wherein it exercises administrative authority. Furthermore, should an interim policy decision of the Central Committee on some matter not covered by that provision be contrary to the views of an interested member government, that government might have the matter reviewed by the Council either in the next regular meeting or in a special meeting which could be called at any time at the request of a majority of the members.
4. It would be essential that each government should itself undertake as much responsibility as possible for relief and rehabilitation measures within its own territory, and the quoted section of paragraph 2 (a) of Article I would not preclude an arrangement between the Administration and the member government which would place with the latter full responsibility for such measures. This wording was designed first, to cover the possibility that some governments would desire the assistance of the Administration within their territories and second, to provide for consultation and collaboration between the member government and the Administration in the preparation and determination of plans covering the use of supplies furnished or made available by the Administration, in order that supplies made available through its auspices would be utilized in conformity with the broad policies laid down by the member governments through the Council.
The proposed organization will be ineffective if it is not in a position to secure vast quantities of supplies for relief and rehabilitation. It seems unlikely that the necessary action by supplying governments would be forthcoming without arrangements to assure that the policies determined upon by all the member governments through the Council were carried out.
[Page 960]5. There is nothing in the draft that would preclude representation of any member government or group of member governments on the Supplies Committee. No doubt there will be general agreement however that any working committee, to be effective, must be kept small.
What might be termed the ‘consumer countries’ will be represented in the organization largely through the regional committees, and collaboration between the producers and the consumers will be provided at the Council level.
6. It is believed that the first point set forth in the Annex to Your Excellency’s note is covered by the comments under number 5 above.
The second point mentioned in the Annex is covered in general by the comments under number 2 above. It is pointed out there that each regional committee will have a very important function in the formulation and recommendation of policies which in its opinion would best serve the interests of the region as a whole and of individual countries within the region. It was the view of those who prepared the draft agreement, however, that the function of finally determining the policies of the Administration should be located with the Council at the very center of the Administration, and in case of need between sessions of the Council, with the Central Committee. It would seem to be undesirable to create uncertainties and possible confusion of procedure by assigning to the regional committees the power to determine policies, even in cases of special urgency. It is believed that the explanation under number 2 above with respect to the functions of the Director General will make it clear that under his direction the actual operation of the organization can go forward rapidly and efficiently, even in cases of great urgency; such operations would of course necessarily fall within the broad policies laid down by the Council and its Central Committee and they would be carried out in agreement with the governments in authority in the areas of operation.
The third and fourth points in the Annex might, as you point out, clarify the meaning of the draft and they are therefore receiving the sympathetic consideration of the Department of State in view of the possibility, to which you refer, that there may be textual revision of the draft.
Accept, Sir, the renewed assurances of my high consideration.”
This text is being communicated to the British, Soviet and Chinese Embassies here for their information. It is understood that the Netherlands Government presented to the British Government a note identical to that presented to this Government on June 28, and that the British Government will now reply orally to that note taking a position parallel to that set forth in this Government’s reply to the Netherlands, quoted above. If the British desire, the Department would see no objection to someone from the American side participating in the discussion with the Netherlands officials; this might be arranged after clearance between Ambassador Biddle and Ambassador Winant.