710 Consultation 3A/3–2147: Telegram
The Acting Secretary of State to the Embassy in Uruguay
105. For Boal. Urtel 121 Mar 21. You shld maintain following positions re Carbajal interpretation CPD Charter.[Page 99]
- Dept firmly of opinion CPD lacks legal competence to enter broader field of activity. Governing reference is Rio Res 17. While this Res is sprinkled with broad terminology sufficient, when taken from context, to include other than Axis ideologies, its historical background and concrete control measures expressed in memorandum attached thereto can leave no doubt that CPD was given emergency mandate corresponding to Axis aggression confronting Amreps at Rio as described whereas clauses. Carbajal view would necessarily imply Rio Oonf contemplated CPD as permanent agency with extremely vague substantive jurisdiction and operating directives. Mex Res 7 and 914 confirm this view untenable. Mex Res 42 has no bearing on CPD jurisdiction.
- Assumption of jurisdiction by CPD itself would be resented by govts as anticipating their decision, and would prejudice standing of CPD. Res 9 Mex Conf indicates subject CPD to be considered by govts at Bogotá.
- In view proper construction Res 17, no basis exists for reference question to PAU, which cannot enlarge substance Res.
You will also recall discussions in Dept last summer re danger misuse of any CPD recommendations by some govts against any opposition groups. Carbajal shld appreciate this danger.
This Govt is fully alive to Communist problem everywhere. With specific reference Latin America we believe on basis present estimate situation that Bogotá Conf shld offer logical opportunity for Amer govts to consider problem and determine what steps shld be taken.
Arg’s return to CPD impossible since no vacancy exists. For your confidential info Dept would have strong reservations re adoption any multilateral policy on basis support Perón15 govt thus giving Arg possible further opportunity avoid or obscure its attitude toward anti-Nazi commitments.