560.AL/12–546

Memorandum by the Deputy Director of the Office of International Trade Policy (Nitze) to the Under Secretary of State for Economic Affairs (Clayton)

I attach two short memoranda in response to the following questions which you asked:

1.
What does Charter of International Trade Organization cover?
2.
Give short statement on results of London ITO Conference, indicating what points were not fully settled.

[Annex 1]

The ITO Charter

The draft Charter for an International Trade Organization calls for the creation of an international agency, concerned with trade, within the framework of the United Nations, The Charter also embodies a code of rules governing the principal aspects of trade policy. The maintenance of employment and a high level of effective demand by all countries is recognized as a condition for the fullest promotion of trade. Equal treatment of the trade of all countries belonging to the ITO is a fundamental principle of the code. Quotas, exchange controls, and export subsidies are to be used only in specified exceptional circumstances. Countries engaged in state trading are to adhere to [Page 1358] commercial principles and treat the trade of all countries equally. Restrictive practices in international trade by private business are to be curbed by international action. Intergovernmental commodity agreements that regulate prices, production or trade are to be entered into only when a burdensome surplus or widespread unemployment have developed or are expected to develop in the commodity in question. Such agreements should be governed by a set of rules including the equal representation of consuming and producing countries. In a chapter added at London, the economic development of all countries is recognized as of major importance to world trade and procedures are established whereby the ITO may grant a limited release from Charter obligations to countries wishing to take measures to protect infant industries.

The United States would give up no sovereignty in joining the ITO. Our status under the Charter would be exactly the same as it under any other international agreement.

Under the proposed ITO Charter, the United States, along with other members of the ITO, would assume certain definite obligations specified in the Charter. The Charter does, however, contemplate situations arising under which members would be justified in taking action contrary to those obligations, and provision is made for release from these obligations if the contemplated circumstances arise. In the event, however, that the United States should at any time decide to take action contrary to the obligations which it has assumed under the Charter and not provided for by the escape clauses, the only sanction which would apply would be a release of other members from certain of their obligations to us under the Charter.

[Annex 2]

Results of the London Conference

In six weeks of work, representatives of 18 countries meeting in London as the Preparatory Committee for an International Conference on Trade and Employment, reached agreement on the greater part of a draft charter for an International Trade Organization. This agreement among the delegations is not finally binding on their governments. A drafting committee will meet in New York in January to smooth out the document prepared in London and to prepare alternative drafts for some of the articles left unsettled at London. Next April the Preparatory Committee will hold its second meeting in [Page 1359] Geneva. At the same time, the countries represented on it will negotiate an agreement reducing tariffs and other trade barriers and moving toward the elimination of preferences, in accordance with the Charter. The group in London agreed on procedures covering these negotiations.

The agreement reached at London covered the following points:

A chapter on the need for each country to take domestic action appropriate to its own system to maintain high levels of employment and effective demand as essential to the maintenance of a large volume of international trade;

A chapter on commercial policy limiting the use of quantitative restrictions, exchange controls and export subsidies, except in specified circumstances, and prescribing rules for the conduct of state trading, and the principles according to which tariff reductions are to be negotiated by member countries;

A chapter recognizing the importance of fostering economic development throughout the world and providing means by which ‘countries desiring to use protective measures to encourage the development of industries may secure from the ITO a limited release from their obligations under the Charter for that purpose;

A chapter providing means by which international action can be taken to curb restrictive trade practices of private business harmful to the purposes of the Charter;

A chapter prescribing rules to govern all intergovernmental commodity agreements undertaken to overcome difficulties of production and trade in primary products;

A chapter dealing with the structure of the organization of the ITO.

The following questions were left unsettled at London:

The relation between member and non-member countries;

Rules governing the conduct of complete state monopolies of foreign trade;

Articles dealing with certain technical trade matters, for instance tariff valuation, freedom of transit, etc.

The drafting committee will prepare alternative drafts embodying minority viewpoints for some matters, such as weighted voting and permanent seats on the Executive Board.

The Suggested Charter for an International Trade Organization prepared by experts in the United States Government was a basic working document of the Conference. The new draft charter that has emerged is a truly international document to which all delegates at the conference have contributed. It embodies the essential principles of the American position as well as the contributions of other countries and is a better balanced and more complete document than the original American draft.