Foreign Relations of the United States: Diplomatic Papers, 1944, General: Economic and Social Matters, Volume II

The Belgian Minister for Foreign Affairs (Spook) to the American Ambassador in the United Kingdom (Winant)²

[Brussels,] September 26, 1944.

Your Excellency: With reference to the discussions which have been taking place between representatives of the Belgian Government and of the Governments of the United States of America and of the United Kingdom on the subject of uranium and thorium ores, I now have pleasure in sending herewith a Memorandum of Agreement annexed to this letter setting out the arrangements which have been agreed as a result of these discussions.

I am authorized to inform you that the provisions of the annexed Memorandum of Agreement meet with the approval of the Belgian Government. I therefore propose that, if they also meet with the approval of the Governments of the United States of America and of the United Kingdom, this letter together with your reply so informing me shall constitute an Agreement between the three Governments which will come into effect from today’s date.

Please accept [etc.]

P. H. Spaak

[Enclosure]

Memorandum of Agreement Between the United States, the United Kingdom, and Belgium Regarding Control of Uranium

1. The Government of Belgium agrees with the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland that it is desirable that during the present war against Germany and Japan and in the future all uranium and thorium ores wherever located should be subject to effective control for the protection of civilization, and to this end the Government of Belgium will insure effective control of said ores located in all territory subject to the authority of Belgium.

2. As a result of the discussions which have accordingly been proceeding between the Governments of the United States of America and of the United Kingdom on the one hand and the Government of Belgium on the other hand it has been agreed that a contract shall be entered into between the Combined Development Trust acting as agent for the Governments of the United States of America and the United Kingdom and the African Metals Corporation acting for the producing company (Union Minière du Haut Katanga) for the delivery by the said corporation to the said trust of uranium ore and ore concentrates containing approximately 3,440,000 pounds of uranium oxide.

3. The Belgian Government undertake to insure the delivery of uranium ore concentrates containing approximately 3,440,000 pounds of uranium oxide in accordance with the terms and conditions of the above mentioned contract.

4. The Governments of the United States of America and of the United Kingdom undertake to insure that the Combined Development Trust take delivery of the said uranium ore and ore concentrates in accordance with the terms and conditions of the above mentioned contract.

5. The Governments of the United States of America and of the United Kingdom undertake to facilitate the delivery to the producing company (Union Minière du Haut Katanga) of such materials as the parties to the contract agree to be necessary for the reopening and development of the mine at which the said ore and ore concentrates will be produced.

6. For the period required for the completion of the contract referred to in paragraph 2 above and for a further period of ten years the Belgian Government grant to the Governments of the United States of America and of the United Kingdom the first refusal of all uranium and thorium ores produced in the Belgian Congo, subject to the right of the Belgian Government to reserve such reasonable quantities of the said ores as may be required for her own scientific research and for her own industrial purposes exclusive of any process involving the use of such ores as a source of energy except as provided in paragraph 9 below.

7. The Belgian Government undertake to control in accordance with the agreement recorded in paragraph 1 above the use of ores reserved as provided for in the preceding paragraph.

8. During the periods referred to in paragraph 6 above the Belgian Government undertake to use their best endeavors to supply such quantities of uranium and thorium ores as may be required by the Governments of the United States of America and of the United Kingdom solely for military and strategic purposes.

9. As regards the use of the above mentioned ores as a source of energy the following arrangement shall apply:—

(a) In the event of the Governments of the United States of America and of the United Kingdom deciding to utilize as a source of energy for commercial purpose ores obtained under this agreement the said Governments will admit the Belgian Government to participation in such utilization on equitable terms.

(b) The Belgian Government undertake that, in the event of their contemplating the use of such ores as a source of energy, they will so use them only after consultation and in agreement with the Governments of the United States of America and of the United Kingdom.

10. This Memorandum of Agreement shall be treated as a military secret in keeping with its purpose.

2. Copy obtained from the Department of Defense; an identical letter was sent on the same date to Sir John Anderson, British Chancellor of the Exchequer.