394.31/9–2851: Telegram

The United States ( GATT ) Delegation to the Secretary of State

Tagg 48. Following is the text of the declaration adopted by the Contracting Parties on September 27:1

The contracting parties,

Considering that the delegation of the United States has declared that the Government of Czechoslovakia, through its actions, has nullified benefits which should have accrued to the United States under the General Agreement on Tariffs and Trade;

Considering that the delegation of Czechoslovakia has declared that the Government of the United States, through its actions, has nullified benefits which should have accrued to Czechoslovakia under the General Agreement;

Considering the [that a] contracting party may not be held subject to the provisions of the General Agreement when the fulfillment of its obligations is rendered impossible by exceptional circumstances of a kind different from those contemplated under the General Agreement, even though the contracting parties may not, in such a case, be competent to appraise the circumstances adduced;

  • “1. Take note of the declarations of the United States and Czechoslovakia;
  • “2. Declare that the Governments of the United States and Czechoslovakia shall be free to suspend, each with respect to the other, the obligations of the General Agreement on Tariffs and Trade; and
  • “3. Affirm that any measures which may be taken either by the United States or by Czecho shall not in any way modify the obligations of that Government under the General Agreement toward the other contracting parties.”

  1. The Declaration was approved by roll-call vote, 24 votes in favor, 1 against, and 4 abstentions (Summary Record of the 14th Meeting, September 27, 1951, 3 p. m., Doc. GATT CP.6/SR. 14, 1 October 1951, GATT Files, Lot 63 D 134, Box 268).