It will be appreciated if you will bring these suggested changes in the draft
agreement to the attention of the British Government and if you will
ascertain as promptly as possible whether your Government will join with my
Government and the Soviet and Chinese Governments in supporting these
changes. A similar inquiry is being made at the same time of the Soviet
Government and the Chinese Government through their Embassies in
Washington.
If your Government and the Soviet and Chinese Governments are in agreement
with my Government with respect to the proposed changes in the draft
agreement, my Government will be prepared to place the draft, revised in
these respects, before the other United Nations and the Nations associated
with them in the war, and to express the hope that the draft so revised will
be accepted by those Governments and that they will join with the British,
Soviet, Chinese and United States Governments in signing the agreement at a
specified date and place. My Government would expect to confer further with
your Government and with the Soviet and Chinese Governments with respect to
[Page 979]
the time and place to be set
for this purpose before communicating with the other Governments.
[Enclosure—Memorandum]
Proposed revisions of the draft of May 15, 1943 of an
Agreement for a United Nations Relief and Rehabilitation
Administration:
Preamble (Third
Paragraph):
Being determined that immediately upon the liberation of any area by the
armed forces of the United Nations or as a consequence of retreat of the
enemy the population thereof shall receive aid and relief from their
sufferings, food, clothing and shelter, aid in the prevention of
pestilence and in the recovery of the health of the people, and that
preparation and arrangements shall be made for the return of prisoners
and exiles to their homes, for assistance in the resumption of urgently
needed agricultural and industrial production and the restoration of
essential services.
Article I, paragraph 2(a):
To plan, coordinate, administer or arrange for the administration of
measures for the relief of victims of war in any area under the control
of any of the United Nations through the provision of food, fuel,
clothing and other basic necessities, housing facilities, medical and
other essential services; and to facilitate in such areas, so far as
necessary to the adequate provision of relief, the production and
transportation of these articles and the furnishing of these services.
The form of activities of the Administration within the territory of a
member government wherein that government exercises administrative
authority and the responsibility to be assumed by the member government
for carrying out measures planned by the Administration therein shall be
determined after consultation with and with the consent of the member
government.
Article I, paragraph 2(b):
To formulate and recommend measures for individual or joint action by any
or all of the member governments for the coordination of purchasing, the
use of ships and other procurement activities in the period following
the cessation of hostilities, with a view to integrating the plans and
activities of the Administration with the total movement of supplies,
and for the purpose of achieving an equitable distribution of available
supplies. The Administration may administer such coordination measures
as may be authorized by the member governments concerned.
[Page 980]
Article I, paragraph 2(c):
To study, formulate and recommend for individual or joint action by any
or all of the member governments measures with respect to such related
matters, arising out of its experience in planning and performing the
work of relief and rehabilitation, as may be proposed by any of the
member governments. Such proposals shall be studied and recommendations
formulated if the proposals are supported by a vote of the Council, and
the recommendations shall be referred to any or all of the member
governments for individual or joint action if approved by unanimous vote
of the Central Committee and by vote of the Council.
Article II:
The members of the United Nations Relief and Rehabilitation
Administration shall be the governments or authorities signatory hereto
and such other governments or authorities as may upon application for
membership be admitted thereto by action by the Council. The Council
may, if it desires, authorize the Central Committee to accept new
members between sessions of the Council.
Wherever the term “member government” is used in this Agreement it shall
be construed to mean a member of the Administration, whether a
government or an authority.
Article III, paragraph 1:
Each member government shall name one representative, and such alternates
as may be necessary, upon the Council of the United Nations Relief and
Rehabilitation Administration, which shall be the policy-making body of
the Administration. The Council shall, for each of its sessions, select
one of its members to preside at the session. The Council shall
determine its own rules of procedure. Unless otherwise provided by the
Agreement or by action of the Council, the Council shall vote by simple
majority.
Article III, paragraph 2:
The Council shall be convened in regular session not less than twice a
year by the Central Committee. It may be convened in special session
whenever the Central Committee shall deem necessary, and shall be
convened within thirty days after request therefor by one-third of the
members of the Council.
Article III, paragraph 3:
The Central Committee of the Council shall consist of the representatives
of China, the Union of Soviet Socialist Republics, the United Kingdom,
and the United States of America, with the Director General presiding,
without vote. Between sessions of the Council it shall when necessary
make policy decisions of an emergency nature. All such decisions shall
be recorded in the minutes of the Central
[Page 981]
Committee which shall be communicated promptly to
each member government. Such decisions shall be open to reconsideration
by the Council at any regular session or at any special session called
in accordance with Article III, paragraph 2. It shall invite the
participation of the representatives of any member government at those
of its meetings at which action of special interest to such government
is discussed. It shall invite the participation of the representative
serving as Chairman of the Committee on Supplies of the Council at those
of its meetings at which policies affecting the provision of supplies
are discussed.
Article III, paragraph 4:
The Committee on Supplies of the Council shall consist of the members of
the Council, or their alternates, representing those member governments
likely to be principal suppliers of materials for relief and
rehabilitation. The members shall be appointed by the Council, and the
Council may authorize the Central Committee to make emergency
appointments between sessions of the Council, such appointments to
continue until the next session of the Council. The Committee on
Supplies shall consider, formulate and recommend to the Council and the
Central Committee policies designed to assure the provision of required
supplies. The Central Committee shall from time to time meet with the
Committee on Supplies to review policy matters affecting supplies.
Article III, paragraph 5:
The Committee of the Council for Europe shall consist of all the members
of the Council, or their alternates, representing member governments of
territories within the European area, and such other members of the
Council, representing other governments directly concerned with the
problems of relief and rehabilitation in the European area, as shall be
appointed by the Council; the Council may authorize the Central
Committee to make these appointments in cases of emergency between
sessions of the Council, such appointments to continue until the next
session of the Council. The Committee of the Council for the Far East
shall consist of all the members of the Council, or their alternates,
representing member governments of territories within the Far Eastern
area, and such other members of the Council representing other
governments directly concerned with the problems of relief and
rehabilitation in the Far Eastern area as shall be appointed by the
Council; the Council may authorize the Central Committee to make these
appointments in cases of emergency between sessions of the Council, such
appointments to continue until the next session of the Council. The
regional committees shall normally meet within their respective areas.
They shall consider and recommend to the Council and the Central
Committee policies
[Page 982]
with
respect to relief and rehabilitation within their respective areas. The
Committee of the Council for Europe shall replace the Inter-Allied
Committee on European postwar relief established in London on September
24, 1941 and the records of the latter shall be made available to the
Committee for Europe.
Article III, paragraph 6:
The Council shall establish such other standing regional committees as it
shall consider desirable, the functions of such committees and the
method of appointing their members being identical to that provided in
paragraph 5 of this Article with respect to the Committees of the
Council for Europe and for the Far East. The Council shall also
establish such other standing committees as it considers desirable to
advise it, and, in intervals between sessions of the Council, to advise
the Central Committee. For such technical standing committees as may be
established, in respect of particular problems such as nutrition,
health, agriculture, transport, repatriation, and finance, the members
may be members of the Council or their alternates nominated by them
because of special competence in their respective fields of work. The
members shall be appointed by the Council, and the Council may authorize
the Central Committee to make emergency appointments between sessions of
the Council, such appointments to continue until the next session of the
Council. Should a regional committee so desire, subcommittees of the
technical standing committees shall be established by the technical
committees in consultation with the regional committees, to advise the
regional committees.
Article IV, paragraph 1:
The executive authority of the United Nations Relief and Rehabilitation
Administration shall be in the Director General, who shall be appointed
by the Council on the nomination by unanimous vote of the Central
Committee. The Director General may be removed by the Council on
recommendation, by unanimous vote, of the Central Committee.
Article IV, paragraph 5:
The Director General shall make periodic reports to the Central Committee
and to the Council covering the progress of the Administration’s
activities. The reports shall be made public except for such portions as
the Central Committee may consider it necessary, in the interest of the
United Nations, to keep confidential; if a report affects the interests
of a member government in such a way as to render it questionable
whether it should be published, such governments shall have an
opportunity of expressing its views on the question of publication. The
Director General shall also arrange to have prepared periodic reports
covering the activities of the Administration
[Page 983]
within each region and he shall transmit such
reports with his comments thereon to the Council, the Central Committee
and the respective regional committees.
Article V, paragraph 1:
In so far as its appropriate constitutional bodies shall authorize, each
member government will contribute to the support of the Administration
in order to accomplish the purposes of Article I, paragraph 2 (a). The amount and character of the contributions
of each member government under this provision will be determined from
time to time by its appropriate constitutional bodies. All such
contributions received by the Administration shall be accounted for.
Article V, paragraph 3:
All purchases by any of the member governments, to be made outside their
own territories during the war for relief or rehabilitation purposes,
shall be made only after consultation with the Director General, and
shall, so far as practicable, be carried out through the appropriate
United Nations agency.
Article VI:
The Director General shall submit to the Council an annual budget, and
from time to time such supplementary budgets as may be required,
covering the necessary administrative expenses of the Administration.
Upon approval of a budget by the Council the total amount approved shall
be allocated to the member governments in proportions to be determined
by the Council. Each member government will, in so far as its
appropriate constitutional bodies shall authorize and approve,
contribute to the Administration its share of the administrative
expenses so determined.
Article VIII:
The provisions of this Agreement may be amended as follows:
-
a.
- Amendments involving new obligations for member governments
shall require the approval of the Council by a two-thirds vote
and shall take effect for each member government on acceptance
by it;
-
b.
- Amendments involving modification of Article III or Article IV
shall take effect on adoption by the Council by a two-thirds
vote, including the votes of all the members of the Central
Committee;
-
c.
- Other amendments shall take effect on adoption by the Council
by a two-thirds vote.
Article IX:
This Agreement shall enter into force with respect to each signatory on
the date when the Agreement is signed by that signatory, unless
otherwise specified by such signatory. Any member government may give
notice of withdrawal from the Administration at any time after the
expiration of six months from the entry into force of the Agreement
[Page 984]
for that government. Such
notice shall take effect twelve months after the date of its
communication to the Director General subject to the member government
having met by that time all financial, supply or other material
obligations accepted or undertaken by it.
