810.24/8–447

Memorandum by the Secretary of the Policy Committee on Arms and Armaments (Sohm)

secret

There is circulated herewith for the information of the Committee the policy on commercial sales and transfers of munitions to the other American republics approved by the Committee at its meeting of August 1, 1947 (see M–54, p. 1, #230). Also attached is the covering memorandum to the Under Secretary prepared for the signature of General Hilldring as Chairman of the Committee.

Earl D. Sohm
[Page 117]
[Annex]

Memorandum by the Chairman of the Policy Committee on Arms and Armaments (Hilldring) to the Under Secretary of State (Acheson)

secret

Subject: Arms Policy Regarding Argentina and Other American Republics.

As Chairman, and through the Deputy Chairman of the Policy Committee on Arms and Armaments, I reported to that Committee that you had enunciated the policy that commercial purchases of arms, ammunition and implements of war in the United States by the Argentine Government are not to be limited.31

The Committee is composed of representatives of A–H, ARA, EUR, NEA, FE, SPA and MD.

The Committee unanimously decided to request further consideration by you of the implications arising from a complete relaxation of all controls of commercial sales of arms to the republics of the Western Hemisphere. The Committee directed me as its Chairman to submit to you their position with respect to this problem.

In accordance with the Committee’s decision, I submit for your consideration the action of the Policy Committee. Their recommendations, as given on pages 3 and 4 of the attached brief, were unanimously adopted by the Committee. It will be noted that the Office of American Republic Affairs concurs in these recommendations.

[Subannex]

Memorandum by the Chairman of the Policy Committee on Arms and Armaments (Hilldring) to the Under Secretary of State (Acheson)

secret

Subject: Policy Regarding Commercial Transfers or Sales of Munitions to Argentina and the Other American Republics.

Discussion:

At the meeting of the Policy Committee on Arms and Armaments on July 25, 1947, the Deputy Chairman of the Committee, informed [Page 118] the Committee that the Under-Secretary had enunciated the policy that commercial purchases of arms, ammunition, and implements of war in the U.S. by the Argentine Government are not to be limited.

Discussion by the members indicated that it was not clear whether or not this policy toward Argentina necessarily implied the application of a similar policy to commercial sales of munitions to the other American Republics. It was pointed out that, whereas prior to the enunciation of the said policy toward Argentina, that nation was in a more restricted position than the other American Republics (with the exception of the Dominican Republic, Nicaragua, and Honduras) insofar as the purchase of U.S. arms was concerned, under this new policy Argentina would be in a preferential position vis-à-vis the purchase of U.S. arms if a similar policy were not applied to the other American Republics.

Paragraph 8 of SWNCC 202/2, dated March 21, 1946, “Policy Concerning Provision of U.S. Government Military Supplies for Postwar Armed Forces of Foreign Nations”, states that:

“It is consistent with United States policy to support with U.S. military supplies the armed forces of the other American Republics to the extent necessary to effect collaboration for the defense of the Hemisphere.”

However, in view of the position of this Government concerning the non-compliance of Argentina with certain provisions of the Act of Chapultepec, it has been the policy of this Government to prevent the shipment of munitions to Argentina from the U.S. either from surpluses or commercial sources.

Thus, on June 13, 1946, the Policy Committee on Arms and Armaments recorded the following statement of policy on this subject:

“It is the present policy to withhold from the Argentine Government all arms, ammunition and implements of war as defined by the President’s Proclamation 2549,32 except for certain training and cargo aircraft.”

Subsequently, at its meeting on October 8, 1946, the Committee agreed that there should be no change at that time in the existing policy prohibiting shipments of arms, ammunition and implements of war to Argentina. The view was expressed that when Argentina fulfilled its obligations under the Inter-American agreements, there might be a change in policy.

Further, at the meeting of the Policy Committee on Arms and Armaments [Page 119] on December 13, 1946 and at the meeting of the Secretary’s Staff Committee on December 20, 1946, the following was approved:

“… it is the policy of the U.S. not to authorize transfers to foreign countries, by sale or otherwise, of military supplies of U.S. origin unless such transfers:

a.
Fall within one of the following categories: …
  • 4. The interim program for the sale of specified amounts of military, naval and air equipment to other American Republics …” (No interim program has been established for Argentina to date.)
b.
meet one of the following conditions:
  • “1. if the transfer is determined to be reasonable and necessary to enable a country to maintain internal order in the reasonable and legitimate exercise of constituted authority, or
  • 2. if the transfer is determined to be reasonable and necessary to enable a country to provide for and to exercise its right of self-defense against armed attack, a right recognized in Article 51 of the Charter of the United Nations,33 or
  • 3. if the transfer is determined to be reasonable and necessary to assist a country to discharge its international responsibilities for (a) furnishing contingents to the Security Council pursuant to Article 43 of the Charter of the United Nations and (b) carrying out military occupation in enemy or ex-enemy territory.”

In view of the above the Policy Committee on Arms and Armaments concluded at its August 1 meeting that the solution to the present problem lies either in:

a.
According to Argentina the same treatment as is presently accorded the other American Republics; i.e., participation in the interim and long-range arms standardization programs plus a careful review of all other proposed munitions sales in order to determine whether or not one or more of the above conditions is met: or
b.
Applying to the other American Republics a policy similar to that enunciated by the Under-Secretary with respect to Argentina; i.e., lifting all restrictions on commercial sales of munitions.

Recommendations:

Accordingly, the Policy Committee on Arms and Armaments recommends that:

1.
Argentina be accorded the same treatment as the other American Republics with respect to transfers or sales of arms, ammunition and implements of war.
2.
With respect to all of the Latin American Republics, all transfers or sales of arms, ammunition and implements of war be acted upon in accordance with the criteria indicated below and in line with the U.S. arms standardization policy in Latin America. [Page 120]
a.
If the transfer is determined to be reasonable and necessary to enable a country to maintain internal order in the reasonable and legitimate exercise of constituted authority, or
b.
If the transfer is determined to be reasonable and necessary to enable a country to provide for and to exercise its right of self-defense against armed attack, a right recognized in Article 51 of the Charter of the United Nations, or
c.
If the transfer is determined to be reasonable and necessary to assist a country to discharge its international responsibilities for (1) furnishing contingents to the Security Council pursuant to Article 43 of the Charter of the United Nations and (2) carrying out military occupation in enemy or ex-enemy territory.

Concurrences:

The Office of American Republic Affairs through its representative on the Committee concurs in the above conclusions and recommendations,34 as well as the other members of the Committee representing A–H, EUR, NEA, FE, SPA and MD.

  1. Not printed; the Policy Committee on Arms and Armaments (PCA) was established May 20, 1946, by authority of the Secretary of State to coordinate the Department’s poUcy regarding all matters of arms and armaments.
  2. A change of policy toward Argentina was announced at the Under Secretary’s meeting held July 11, 1947. On July 25, the following statement was made in the minutes of the PCA: “In accordance with the policy enunciated by the Under Secretary (that commercial purchases of arms, ammunition, and implements of war from the United States by the Argentine Government should: no longer be limited), the Committee directed MD to approve the licenses for export of arms, ammunition, and implements of war to Argentina now pending in that division.” The Committee recommended at this time that the Under Secretary consider further his decision that Argentina receive unlimited commercial arms and the effect of this policy on the other American Republics.
  3. Dated April 9, 1942; for this proclamation on the enumeration of arms, ammunition, and implements of war, see Department of State Bulletin, April 11, 1942, p. 323. For the proclamation effective February 20, 1947, superseding proclamation 2549, see ibid., February 23, 1947, p. 327.
  4. Department of State Treaty Series No. 993; 59 Stat. (pt. 2) 1031.
  5. This policy, initiated in the PCA, and later approved by the Under Secretary, was the policy of the Department through the remainder of the year 1947.