855.6359/2–547: Telegram
The Secretary of State to the Embassy in Belgium
165. For the Ambassador. Reurtel 168 February 5, Department believes that any statement Spaak may have to make should follow as closely as possible text suggested by your 67 January 17.1
As to Spaak’s request regarding visit of Belgian scientists to engage in research on utilization of atomic energy for industrial purposes: Public Law 585 (Atomic Energy Act of 1946) makes it unlawful to exchange information with other nations with respect to the use of atomic energy for industrial purposes until a joint resolution by Congress states that there have been established adequate international safeguards against destructive uses of atomic energy. If Spaak presses this request, we see no alternative except for you to inform him that the Atomic Energy Act of 1946 makes it impossible for us to comply at this time.
[Page 794]You may also indicate that we concur in the interpretation offered by the British of Section 9a of the agreement2 but for your own information our objection is primarily based on the restrictions contained in the statute.
If you should have any advance notice on the date on which Spaak makes a statement please advise Department.
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The text under reference, prepared by Kirk in concert with British Ambassador Knatchbull-Hugessen, read as follows:
- “1. During war it was essential to take steps to secure for Allied cause all possible supplies of vital materials required as a source of atomic energy. To this end arrangements were made with knowledge of Belgian Government whereby supplies of uranium ore in Belgian Congo were made available to the two governments. These arrangements fully protected natural and legitimate interest of Belgium as regards supplies which she might require for her own purposes.
- “2. These arrangements continue to apply. Belgian Government hopes however that in due course as a result of the work of the Atomic Energy Commission of the United Nations an international agreement for control of atomic energy will be achieved and universally adopted under auspices of United Nations. At that time it will be appropriate to review existing arrangements so that they might be fitted into the agreed international scheme.” (855.6359/1–1747)
In telegram 228, February 15, Kirk reported that Hugessen had presented a copy of this text to Spaak (855.6359/2–1547).
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Section 9a of the Memorandum of Agreement Between the United States, the United Kingdom, and Belgium regarding the control of uranium, September 26, 1944, read as follows:
“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.”
For full text, see Foreign Relations, 1944, vol. ii, pp. 1029–1030.
On January 31, Donald D. Maclean, First Secretary of the British Embassy in the United States, had transmitted to Edmund A. Gullion, Special Assistant to the Under Secretary of State, an extract of a telegram from the Foreign Office to the Embassy which reflected the British attitude with respect to section 9a. The extract read in part as follows:
↩“This paragraph as you know stated that in the event of the two Governments deciding to utilize as a source of energy for commercial purposes, ores obtained under the Agreement they would admit the Belgian Government to participation in such utilisation on equitable terms. These words make it clear that it is the utilisation in which the Belgians are to share and not in research work. So far as we know, nothing has happened since the Agreement was signed which could be regarded as a decision by the Americans or ourselves to utilise uranium as a source of energy for commercial purposes. Such a decision could only come after the necessary research and development work has been completed, and this alone would make it clear that the participation referred to could not be participation in such research and development work.
“We propose therefore that M. Spaak should be informed that while we naturally fully adhere to the terms of para. 9(A) of the Agreement, the circumstances have not yet arisen in which its provisions become operative. We should be glad if you would let us know whether the Americans agree.” (Department of State Atomic Energy Files)