Foreign Relations of the United States, 1946, General; the United Nations, Volume I

501.BC/4–1346: Telegram

The Secretary of State to the United States Representative at the United Nations (Stettinius)

secret

Washington, April 13, 1946—11 a.m.

18. For Johnson from Hiss. Text of proposed Rules of Procedure¹⁸ discussed in telephone conversation April 12 between Johnson and Bancroft is as follows:

Rule B—“In announcing the results of a procedural vote, the President shall indicate the number of members voting in favor of the proposed action and shall state whether the proposed action has been taken.

In announcing the results of a substantive vote, the President shall indicate the number of members voting in favor of the proposed action, and the permanent members concurring; the number of members voting against and the permanent members voting against; and the number of members abstaining and the permanent members abstaining. Unless a permanent member abstaining, affirmatively indicates that it does not concur, it shall not be deemed to have exercised its veto right, but shall be deemed to be willing to concur without voting on whatever action the Council may take by an affirmative vote of seven members including the concurring votes of the other permanent members.”

Rule C—“In accordance with Article 27(3) a party to a dispute shall abstain from voting on non-procedural matters, and in announcing any vote on any such matter the President shall record any member which he deems to be a party to a dispute within the meaning of Article 27(3) as not voting. If any member of the Council appeals a ruling of the President either that a member shall abstain or shall not abstain from voting, the President’s ruling may be overruled by a procedural vote.”

Further telegram follows.¹⁹ [Hiss.]

Byrnes

18. A Permanent Delegation memorandum dated May 6 identifies these rules as (new) “rules in lieu of S/Procedure/51/Rev. 1, Rule A” (IO Files, document SD/S/137). These were proposed by the Counselor of the Department, Mr. Cohen, who wrote in a memorandum of April 12, apparently the basis of this telegram, “I am in doubt whether it is wise to submit rules of procedure which may affect the trend of thinking on some of the most delicate voting questions until we have had chance to discuss our views informally with members of the Council and their experts.

    “If we must go into these questions now, I should suggest that the following two rules should be submitted. …” (501.BC/4–1246)

19. Telegram 19, April 13, 2 p.m., infra.