Department of State Atomic Energy Files

Draft Report to the Combined Policy Committee by a Sub-Committee21

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The Sub-Committee (Major General L. R. Groves, the Hon. L. R. Pearson, and Mr. Roger Makins) was appointed by the Combined Policy Committee on December 4th to draw up, in accordance with [Page 1208] the Memorandum signed by the President and the Prime Ministers of the United Kingdom and Canada, a document to take the place of the Articles of Agreement signed at Quebec on August 19th, 1943. The Sub-Committee was instructed that this revised document should be in the form of an executive agreement, and that the obligation in the fourth provision of the Quebec Agreement should be eliminated.

2.
The Sub-Committee has held three meetings. It has had before it the Quebec Agreement; the Agreement and Declaration of Trust signed on June 13th, 1944; and the Memorandum addressed to the Chairman of the Combined Policy Committee by General Groves and Sir John Anderson on November 16th.
3.
The Sub-Committee considered the fourth provision of the Quebec Agreement in the light of the discussion in the Combined Policy Committee on this point. It concluded that this matter could best be dealt with by an exchange of letters between the President and the Prime Minister in the form set out in Annex A to this report.
4.
The Sub-Committee agreed upon the text of a Memorandum of Agreement between the three Governments. This text is contained in Annex B to this report.
5.
The Sub-Committee also agreed on the revised text of the Agreement and Declaration of Trust between the three governments. This text is contained in Annex C to this report.

Annex A—Part I

Draft Letter From President to Prime Minister

I have given full consideration to the Fourth Provision of the Articles of Agreement governing collaboration between the authorities of the United States of America and the United Kingdom in the matter Tube Alloys signed by President Roosevelt and Mr. Winston Churchill at Quebec on August 19th, 1943.

2.
I have also taken into consideration the Memorandum of Agreement signed at … and … on …, 1946, providing for the continuation of co-operation in the field of atomic energy between the Governments of the United States, the United Kingdom and Canada.
3.
In view of the provisions of this Memorandum of Agreement of … 1946, I hereby determine and declare that it is fair and just, and in harmony with the economic welfare of the world that there should be no restrictions placed upon the Government of the United Kingdom in the matter of the development and use of Atomic Energy for industrial or commercial purposes.
[Page 1209]

Annex A—Part II

Draft Reply to President From Prime Minister

I have received your letter of . . . . . . . . . . . and on behalf of the Government of the United Kingdom I take note of and accept the determination and declaration which you have made under the Fourth Provision of the Articles of Agreement governing collaboration between the authorities of the United States of America and the United Kingdom in the matter of Tube Alloys signed by President Roosevelt and Mr. Winston Churchill at Quebec on August 19th, 1943.

Annex B

Draft Memorandum of Agreement

whereas the President of the United States, the Prime Minister of Great Britain and Northern Ireland, and the Prime Minister of Canada have expressed the desire that there should be full and effective cooperation between the United States, the United Kingdom and Canada in the field of atomic energy;

whereas for this purpose the Combined Policy Committee already established should be continued in existence; and

whereas a Combined Development Trust has been set up for the purpose of acquiring supplies of uranium ores and concentrates and thorium minerals;

The Government of the United States, the Government of the United Kingdom of Great Britain and Northern Ireland, and the Government of Canada are agreed as follows:

1.
None of the three Governments will use atomic weapons against other parties without prior consultation with each of the other two governments.
2.
None of the three Governments will disclose any information to or enter into negotiations concerning atomic energy with other governments or authorities or persons in other countries except in accordance with agreed common policy or after prior consultation with each of the other two Governments.
3.
Each of the three Governments will take measures so far as practicable to secure control and possession, by purchase or otherwise, of all deposits of uranium and thorium situated in areas comprising respectively the United States, its territories or possessions, the United Kingdom and its colonial dependencies, and Canada. They will also, severally or jointly, use every endeavour with respect to the remaining territories of the British Commonwealth and other countries to acquire all such supplies of uranium ores and concentrates and thorium minerals as may be agreed to be desirable. All supplies acquired under the [Page 1210] provisions of this paragraph will be subject to allocation by the Combined Policy Committee.
4.
The supplies acquired under the arrangements provided for in the preceding paragraph shall be allocated by the Combined Policy Committee to the three Governments in such quantities as may be needed, in the common interest, for scientific research, military and humanitarian purposes. Such supplies as are not allocated for these purposes and are not already in the ownership of the Combined Development Trust, shall be offered for sale to the Trust. The disposal of unallocated supplies shall be determined by the Combined Policy Committee at a later date in the light of the then existing conditions and on a fair and equitable basis. Supplies in the ownership of the Trust allocated to any Government will be transferred to that Government by the Trust under such arrangements as may be determined upon by the Combined Policy Committee.
5.
The Combined Policy Committee will settle the policy to be followed in the mining and producing of uranium ores and concentrates and thorium minerals, and the Combined Development Trust will not be obliged to purchase supplies mined and produced otherwise than in accordance with the policy thus laid down.
6.
There shall be full and effective cooperation between the three Governments in regard to the exchange of information concerning atomic energy required for their respective programmes of atomic energy development. This exchange will be implemented by arrangements approved from time to time by the Combined Policy Committee.
7.
The Combined Policy Committee, already established and composed of six members, three from the United States, two from the United Kingdom, and one from Canada, shall carry out the policies set out in the present Memorandum subject to the control of the respective Governments. To this end, the Committee shall:
1.
Review from time to time the general programme of work being carried out in the three countries.
2.
Allocate materials in accordance with the principles set forth in the fourth paragraph above.
3.
Settle any questions which may arise concerning the interpretation and application of arrangements regulating cooperation between the three Governments.
8.
This Memorandum of Agreement supersedes all agreements relating to atomic energy existing between the three Governments or any two of them prior to the date hereof, with the exception of the Agreement and Declaration of Trust signed on . . . . . . . . . . . . , the Patents Memorandum of October 1st, 1943 as modified by subsequent agreement on September 19th, 1944 and March 8th, 1945,21a and the [Page 1211] Exchange of Letters between the Acting Secretary of State and His Majesty’s Ambassador of September 19th and 24th, 1945.22
9.
The provisions of the present agreement are subject to any wider agreements for the control of atomic energy to which all the three governments may subsequently become parties.

Annex C

Re-Draft of Declaration of Trust

this agreement and declaration of trust is made . . . . . . . . . . . . . . . . . . . by . . . . . . . . . . . . on behalf of the Government of the United States of America, by . . . . . . . . . . . . on behalf of the Government of the United Kingdom of Great Britain and Northern Ireland, and by . . . . . . . . . . . . on behalf of the Government of Canada, (the said Governments being hereinafter referred to as “the three Governments”);

whereas it is in the common interest of the three Governments to ensure, the acquisition of an adequate supply of uranium ores and concentrates and thorium minerals; and

whereas it is the intention of the three Governments to secure to the fullest extent practicable supplies of uranium ores and concentrates and thorium minerals within the boundaries of such areas as come under their respective jurisdictions; and

whereas it has been agreed that the three Governments will use every endeavor to acquire all such supplies of uranium ores and concentrates and thorium minerals situated in territories outside their jurisdiction as may be agreed to be desirable; and

whereas it has been decided to establish a joint organization for the purpose of securing supplies of uranium ores and concentrates and thorium minerals;

now it is hereby agreed and declared as follows:

1.
  • (1) There is established in the City of Washington, District of Columbia, a Trust known as “The Combined Development Trust” (hereinafter called “the Trust”).
  • (2) The Trust shall be composed of and administered by six persons, three from the United States, two from the United Kingdom and one from Canada, who shall be appointed, and be subject to removal, by the Combined Policy Committee established by the three Governments.
  • (3) The Trust shall carry out its functions under the direction and guidance of and as agent of the Combined Policy Committee.
2.
The Trust shall use its best endeavours to develop the production of uranium ores and concentrates and thorium minerals and for [Page 1212] that purpose shall take such steps as it may in the common interest think fit to:
(a)
Explore and survey sources of uranium ores and concentrates and thorium minerals.
(b)
Develop the production of uranium ores and concentrates and thorium minerals by the acquisition of mines and ore deposits, mining concessions or otherwise.
(c)
Provide with equipment any mines or mining works for the production of uranium ores and concentrates and thorium minerals.
(d)
Survey and improve the methods of production of uranium ores and concentrates and thorium minerals.
(e)
Acquire and undertake the concentration and disposal of uranium and thorium materials.
(f)
Provide storage and other facilities.
(g)
Undertake any functions or operations which conduce to the effective carrying out of the purpose of the Trust in the common interest.
3.
  • (1) All uranium ores and concentrates and thorium minerals and other property acquired by the Trust shall be held by it in trust for the three Governments jointly, and disposed of or otherwise dealt with only in accordance with the direction of the Combined Policy Committee.
  • (2) The Trust is not obliged to acquire supplies mined and produced otherwise than in accordance with mining and production policy settled by the Combined Policy Committee.
  • (3) Supplies in the ownership of the Trust allocated by the Combined Policy Committee to any government will be transferred to that Government by the Trust.
  • (4) The Trust shall submit such reports of its activities as may be required from time to time by the Combined Policy Committee.
4.
For the purpose of carrying out its functions, the Trust shall utilize whenever and wherever practicable the established agencies of any of the three Governments, and may employ and pay such other agents and employees as it considers expedient, and may delegate to any agents or employees all or any of its functions.
5.
The Trust may acquire and hold any property in the name of nominees.
6.
All funds properly required by the Trust for the performance of its functions shall be provided as to one-half by the Government of the United States of America and as to the other half by the Government of the United Kingdom of Great Britain and Northern Ireland.
7.
In the event of the Combined Policy Committee ceasing to exist, the functions of the Committee under the Trust shall be performed by such other body or person as may be designated by the President for the time being of the United States of America, the Prime Minister for the time being of the United Kingdom of Great Britain and [Page 1213] Northern Ireland, and the Prime Minister for the time being of Canada.
8.
This Agreement and Declaration of Trust shall supersede, as from its date, the Agreement and Declaration of Trust made on June 13th, 1944 by the President of the United States and the Prime Minister of Great Britain. It shall remain in full force and effect from the date hereof until terminated by mutual consent on the request of any of the parties and shall be subject to revision or extension at any time by mutual consent.

(Signed) _______________________________

on behalf of the government of the united states of america.

(Signed) _______________________________

on behalf of the government of the united kingdom of great britain and northern ireland

(Signed) _______________________________

on behalf of the government of canada

  1. The source text bears a number of handwritten changes of undetermined origin which have not been reproduced.
  2. The three documents relating to patents, copies of which exist in the records of the Combined Policy Committee in the Department of State Atomic Energy Files, are not printed. In regard to wartime patent arrangements, see Margaret Gowing, Britain and Atomic Energy 1939–1945 (London, St. Martin’s Press, 1964), pp. 244–245.
  3. For texts, see Foreign Relations, 1945, vol.ii pp. 44 and 47, respectively.