S/SNSC files, lot 63 D 351, NSC 118 Series

Report by the Special Committee to the National Security Council1

top secret

Additional UN Forces for Korea

References:

A.
NSC Action No. 759–b, dated April 8, 19532
B.
NSC Action No. 835, dated July 2, 19533
C.
NSC 118/2, pars. 2–a(3) and 2–b(7), dated December 20, 19514
D.
NSC 147, pars. 168–180, dated April 2, 19535
E.
Memo for NSC, dated June 1, 1953, enclosing letter from Ambassador Lodge to the President, dated May 19, 19536
F.
Memo for NSC, dated June 15, 1953, enclosing memo from Assistant Secretary Frank C. Nash to the Secretary of Defense, dated June 11, 1953, and memo from Bureau of Budget to Mr. Cutler, dated June 8, 19537
G.
Estimate of “Approximate Costs of Equipping and Maintaining U.S. and Foreign Infantry Division (Division Slice)”8
H.
Memo from Bureau of the Budget to Mr. Cutler, dated June 18, 19539
I.
Position of Department of State on Additional UN Forces for Korea, dated June 30, 195310
1.
On July 2, 1953, the National Security Council (NSC Action No. 835):
b.
“Agreed in principle that the present practice regarding reimbursement of the United States for logistic support of other UN Forces in Korea (NSC Action No. 759–b) should be modified in the direction of Ambassador Lodge’s proposals.”
c.
“Directed that a committee composed of representatives of the Secretaries of State, Defense and Treasury and of the Director, Bureau of the Budget, with Ambassador Lodge’s assistance, should prepare a new formula in accordance with b above …”
2.
The Committee referred to in Action No. 835–c considered the following:
a.
The current policy of the United States with reference to additional United Nations forces for Korea, as stated in NSC 118/2:

2–a(3). In the event an armistice is achieved: “Exert vigorous efforts to continue the contribution by UN members of forces to the UN Command in Korea so long as UN forces are required in Korea.”

2–b(7). In the event that armistice negotiations clearly fail: “Exert vigorous efforts to obtain increased military forces from those countries already participating, as well as to obtain contributions from UN countries which have not yet contributed military forces.”

b.

The existing directive of the Department of Defense, September 1, 1950, relative to reimbursement to the United States for logistical support furnished to foreign nations participating in the Korean hostilities. This directive provides that:

“the military departments of the United States will make available necessary supplies or services on a basis of immediate reimbursement in United States dollars. To the extent that the foreign government cannot make prompt reimbursement in United States dollars, the United States Government and the foreign government will negotiate the terms of settlement.”

Under this directive, memorandum receipts are obtained from the foreign nations (except the Republic of Korea and India) to which logistical support is furnished by the U.S. Where foreign governments have not signed agreements to reimburse, it is not current U.S. practice to insist on payment. This practice was confirmed by NSC Action No. 759–b.

c.
The reasons advanced by Ambassador Lodge in his letter of May 19, 1953 for now undertaking a renewed effort to secure additional forces from UN members for service in Korea and for modifying the above-mentioned directive of the Department of Defense.
d.
The other documents and actions referenced above; especially the doubt raised by the Bureau of the Budget as to whether, after the conclusion of a treaty of peace in Korea (and perhaps even in the period between an armistice and the conclusion of such a treaty of peace), a legal justification would exist for continuing the existing policy referred to in 2–b above or for carrying into effect the new formula outlined below.
3.

a. The Committee recommends to the National Security Council the approval of a new formula, as set forth in the attachment, for obtaining additional United Nations forces for Korea and for financing their logistical support. This new formula would replace the Defense directive stated in 2–b above.

b. The Committee, being in doubt as to the legal situation, believes the President should request from the Attorney General an expedited opinion as to:

(1)
Whether there now exists any legal basis which would support the above-mentioned new formula after the conclusion of a treaty of peace in Korea, and also in the period between an armistice and the conclusion of such a treaty of peace.
(2)
What new legislation, if any, should be enacted to provide a legal basis for support of the above-mentioned new formula during the periods indicated.

c. If new legislation must be sought in support of such new formula, the Committee suggests the advisability of a Joint Resolution broader in terms than the Korean action; for example:

“The President may transfer United States military equipment, supplies, and services to any government allied with the United States in any effort by the United Nations to enforce measures to repel aggression, in proportion to the effective manpower furnished by any such nation and upon such terms and conditions, if any, as he may determine.”

4.
When approved, the new formula should be carried into effect as follows:
a.
The Department of State should undertake discussions on a selective basis with the governments of United Nations members, excepting the Communist bloc, to make clear (1) that the United States desires the maximum contribution from each member state in the Korean undertaking; and (2) that the prestige of the United Nations and the fundamental idea of collective security are bound up in effective contributions by member states to support decisions of the United Nations.
b.
The United States Representative to the United Nations, through his personal contacts with the Chiefs of Missions to the United Nations should do everything practicable to encourage member states to make contributions of military forces.
c.
When a nation has signified the contribution of military forces which it considers itself capable of making, the Department of State would determine the desirability of such troop contribution from a political and psychological standpoint and the Department of Defense would determine the effectiveness of the troop contribution from a military standpoint. As a practical policy, the Department of Defense will normally give favorable consideration to units of battalion size or larger provided that they meet other existing criteria as regards homogeneity and training and, in cases where special circumstances exist, will give sympathetic consideration to smaller offers.

Concurring:

Department of State—Mr. Robert R. Bowie

Department of the Treasury—Mr. Elbert P. Tuttle

Bureau of the Budget—Mr. Paul L. Morrison

The Department of Defense representative on the Special Committee, Mr. Frank Nash, did not join in the report since the views of the Secretary of Defense are attached.

Attachment

Revised Formula for Reimbursement for Logistical Support

1.
The United States desires to obtain and retain the maximum contributions of effective manpower from the nations allied with it in the effort of the United Nations to repel aggression in Korea.
2.
To that end, the Department of Defense will furnish United States military equipment, supplies, and services to any such nation, in proportion to the effective manpower furnished by such nation, at such cost, if any, as the Department of State, in consultation with the Departments of the Treasury and Defense, may determine such nation is willing and able to pay.
3.
A nation deemed capable of contributing money as well as manpower should be encouraged to pay for the military equipment, supplies, and services furnished to its own troops and also to contribute toward the logistical support of the troops of other nations.
4.
Except when the manpower furnished by any such nation is additional to forces already furnished by it, the contribution should be in effective military units as determined by the Department of Defense.

Annex

Additional United Nations Forces in Korea

views of the department of defense on the report of the committee appointed by nsc action 835–c

1.
The Secretary of Defense is unable to concur in the proposed recommendation to the National Security Council for a new policy for reimbursement [Page 1398] for logistic support furnished to foreign governments engaged in a common undertaking such as the action in Korea. NSC Action No. 835–b reported the Council’s agreement “in principle that the present practice regarding reimbursement of the United States for logistic support of other United Nations forces in Korea (NSC Action No. 759–b) should be modified in the direction of Ambassador Lodge’s proposals.” NSC Action No. 835–c directed that the Committee “prepare a new formula in accordance with b above with respect to the practice regarding reimbursement.” In discussions concerning this subject, it has been strongly implied that the present policy insists, to the exclusion of all other considerations, on immediate payment in full for logistic support furnished, whereas, actually this has not been the case either in policy or practice. It is not the understanding of the Secretary of Defense that the National Security Council intended to reverse completely the present policy regarding reimbursement or to direct the drafting of a new policy, but rather that it was the Council’s will that the Committee explore existing procedures regarding reimbursement and recommend such modifications to them which might, insofar as possible, accommodate the views of Ambassador Lodge advocating greater leniency and flexibility in excusing nations which cannot pay from so doing. The Department of Defense considers that the present policy, when modified as proposed below, supported by enabling legislation if necessary, and properly applied, can achieve the desired result, and that the drafting of a wholly new policy is neither necessary nor desirable.
2.
The proposed new policy contains language originally intended as a draft of possible enabling legislation, and was not intended as a statement of policy. Taken as a statement of new policy, its provisions are so broad as to make it undesirable for a number of reasons:
a.
It would establish an undesirable precedent for the present and all future United Nations actions in its implications that the United States would be willing to support all costs of logistic support furnished. Any practical attempt to carry out such a policy would certainly spread such a connotation throughout the world.
b.
Such action would have an undesirable effect on the settlement of obligations previously undertaken by other nations to reimburse the United States. Countries previously paying would probably stop making payments and countries that have recognized an obligation to be settled at a later date would refuse to negotiate the terms of such settlement.
c.
If the United Nations is eventually to grow into an effective mechanism for collective action and be in a position to deal with future situations involving collective action, it must do so through the spirit of participation in, and assumption of, responsibility by each of its members. Application of the proposed policy would negate this principle.
d.
If the United States were generally to make available logistic support without insistence on obligation to reimburse, it would give credence to possible charges of employing mercenary forces in the [Page 1399] interest of the United States, thereby erasing in practice the principles underlying the concept of United Nations collective action.
3.
The scope of the present policy, as contrasted with the proposed policy, has not been fully taken into consideration in previous discussions. The policy is presently broad enough to accommodate the objectives which motivate the proposed change. The present policy contains the following essential elements:
a.
“The several Services should seek arrangements under which the Foreign Governments will completely equip and supply their forces.”
b.
“To the extent that such complete support is not practicable, but the offer is otherwise desirable, the military departments of the United States will make available necessary supplies or services on a basis of immediate reimbursement in United States dollars.”
c.
“To the extent that the Foreign Government cannot make prompt reimbursement in United States dollars, the United States Government and the Foreign Government will negotiate the terms of settlement.” (This policy has not acted to delay provision of logistic support, since only agreement by the foreign country to recognize an obligation to the United States has been initially required.)
d.
We believe that the phrase “the terms of settlement” is sufficiently broad to comprehend any negotiated basis of settlement in terms of time, kinds of currency, commodities, rights, etc.
e.
In properly justifiable cases, the President can exercise his emergency powers to eliminate the requirement of that country to reimburse the United States, in whole or part.
4.
It is the opinion of the Secretary of Defense that in order to avoid a disastrous weakening of the United Nations as a mechanism for collective action and the prestige of the United States participation in such action, the principle of recognition of obligation to reimburse must be understood in all cases. Such an understanding would enable the United States and the United Nations to prove to the world that the action was truly a collective effort involving equitable relationships among all the parties. In order that the varying ability of nations to provide financially for the logistic support furnished may be appropriately recognized, the United States should, as a separate though related matter, provide for appropriate economic, financial, or other assistance to foreign countries on an individual basis in order to assist them in discharging their obligations.
5.
The Department of Defense believes it imperative that all manpower be furnished in effective units. Rotation of forces in the field would, of course, not necessarily involve effective units, but in any event, forces provided on a rotation basis would not involve a contribution of additional manpower. Consideration of the military effectiveness of the units offered involves two and distinct problems; first, the effectiveness of the unit per se and secondly, a point of major importance in the light of a probable armistice, the effect of the acceptance of such a [Page 1400] unit in terms of the over-all efficiency of the Unified Command. It must be borne in mind that the provisions of the armistice provide an overall ceiling on the size of the Unified Command. Any forthcoming offers of assistance generated would, in a post-armistice situation, have to replace existing forces already in the field. To the extent that these new forces were inferior to those relieved, the operational capability of the United Nations Command would suffer. The wisdom of maintaining a combat-ready force in the post-armistice period cannot be questioned. As a practical policy, the Department of Defense will normally give favorable consideration to units of battalion size or larger provided that they meet other existing criteria as regards homogeneity and training and, in cases where special circumstances exist, will give sympathetic consideration to smaller offers. In the light of these considerations, the Department of Defense must reserve the right to pass on the acceptability of the contribution from a military standpoint in each and every case in order that the various factors existing and anticipated at the time of each individual offer may be properly weighed.
6.
In view of the considerations enumerated above, and the fact that the present policy is not fully and completely stated in any one document, it is recommended that, in lieu of the statement of new policy contained in the Committee’s report, the formula requested by the National Security Council be drafted as follows:
a.
The United States should seek arrangements under which the Foreign Government offering forces in support of United Nations collective action will completely equip and supply these forces.
b.
To the extent that such complete support is not practicable, but the offer is otherwise desirable, the military departments of the United States will make available necessary supplies or services on a basis of immediate reimbursement in United States dollars.
c.
To the extent that the Foreign Government cannot make prompt reimbursement in United States dollars, the United States Government will furnish necessary support provided the Foreign Government will recognize at once an obligation to the United States, settlement of which would later become the subject of negotiation.
d.
In cases where individual foreign countries assisting in United Nations action are determined to be financially unable to provide for logistic support, arrangements may be made, under appropriate legislation, for the United States to separately provide essential economic, financial, or other aid as required to enable that nation to discharge its obligation.
e.
The contribution of military forces should be in effective military units as determined by the Department of Defense.
7.
The Department of Defense position with regard to legislation to implement the policy set out above is as follows: To the extent that any negotiations looking toward deferred settlement by a foreign country, as described in paragraph 6–c above, do not fall within the terms of Section 408(e) of the Mutual Security Act, these negotiations would [Page 1401] have to be based on the exercise of the President’s emergency powers. It seems clear that legislation should be obtained to eliminate the necessity for reliance on these powers. The need for legislation is particularly urgent in view of the fact that it is hoped that most future offers by foreign countries of military units for use in Korea will be made after a truce or armistice. It is recommended that this legislation be developed by the Departments of State and Defense, and by the Foreign Operations Administration.
8.
The Department of Defense position contained in paragraph 6–d above may also require legislation “to permit the provision of economic, financial or other assistance to enable foreign countries participating in United Nations actions to settle their obligations.
9.

With regard to the portion of the Committee’s draft report concerning the carrying into effect of the policy, the Department of Defense has made certain changes and additions of non-substantive nature and recommends the following language to be substituted for this portion of the report:

When approved by the National Security Council, and supported by appropriate legislation, this policy should be carried into effect in the following manner:

a.
The Department of State will undertake bilateral negotiations with the government of each United Nations member state, excepting the Communist bloc, from which effective contributions would be desirable from a political standpoint. These negotiations should make clear (1) that the United States desires the maximum participation from each member state in the Korean undertaking; and (2) that the prestige of the United Nations and the fundamental idea of collective security are bound up in effective contributions by member states to support decisions of the United Nations.
b.
The United States Representative to the United Nations, through his personal contacts with the Chiefs of Missions to the United Nations, will do everything in his power to encourage member states to make contributions.
c.
When a nation has signified the contribution which it is willing to make, the Department of Defense will determine the acceptability of the contribution from a military standpoint.
d.
The bilateral agreements for military contributions should continue to provide for recognition of an obligation for logistic support furnished by the United States. In appropriate cases separate agreements might be negotiated covering arrangements under which the United States may provide essential economic, financial or other aid required to enable a nation to discharge its obligation.

  1. The report was transmitted to the NSC under a covering memorandum by Lay, July 17, 1953, for consideration at the NSC meeting on July 23, 1953.
  2. For text of NSC Action No. 759, see the memorandum of discussion at the 139th meeting of the NSC, Apr. 8, p. 892.
  3. See paragraph 1 below.
  4. For NSC 118/2, see Foreign Relations, 1951, vol. vii, Part 1, p. 1382.
  5. For text of paragraphs 168–171 and 173–180, see pp. 850857.
  6. Ante, p. 1129.
  7. Ante, p. 1177.
  8. Not printed.
  9. Not printed.
  10. For the Department of State position as presented to the Secretary of State, see the memorandum by Sandifer to Dulles, June 17, p. 1191.