396.1 GE/7–854: Telegram
The United States Delegation to the Department of State1
Secto 575. Repeated information Paris 25, Saigon 17. Department pass Defense. With reference Secto 5742 following is translation of text of working paper on control in Vietnam prepared by French delegation under date July 7. Similar paper will be prepared for Laos and Cambodia.
- “1. The sides assume responsibility for the implementation of the agreement on the cessation of hostilities.
- 2. The control of this implementation is to be assured by an international commission.
- 3. In order to facilitate, in accordance with the conditions set forth below, the implementation of those clauses which imply joint action by the two sides, there is set up a joint commission in Vietnam.
- 4. The joint commission is to be composed of an equal number of representatives of the commanders of the two sides.
5. The heads of the delegations on the joint commission will have the rank of general.
The joint commission will create joint groups the number of which will be agreed between the sides. The joint groups are to be composed of an equal number of officers of the two sides. The stationing of these groups on the demarcation lines between the regrouping zones is to be fixed by the sides, taking into account the authority of the joint commission.
6. The joint commission is to assure the implementation of the following provisions of the agreement on the cessation of hostilities:
- The cease-fire, which is to be simultaneous and general in Vietnam for the whole of the regular and irregular armed forces of the two sides.
- The regrouping of the armed forces of the two sides.
- Respect for the lines of demarcation between the regrouping zones and demilitarized sectors.
The commission is to help the sides in the implementation of the said clauses; it is to insure liaison between the sides for the preparation and for the placing in effect of plans for the application of these clauses; it is to endeavor to resolve the difficulties which may arise between the sides in the implementation of these clauses.
- 7. There is created an international commission charged with the control of the application of the provisions of the agreement on the cessation of hostilities in Vietnam. It is to be composed of representatives of the following states: (Blank) it is to be presided over by the representative of (blank) it will have its headquarters at (blank).
8. The international commission is to create fixed and mobile inspection teams consisting of a number of officers designated by each of the states mentioned above.
The fixed teams are to be stationed at the following points: … These points may be later modified at the request of the joint commission or at the request of one of the sides or at the request of the international commission itself by means of an agreement between the international commission and the command of the side concerned.
The action zones of the mobile teams will be the areas neighboring on the land and sea frontiers of Vietnam, the lines of demarcation between the regrouping zones, and the demilitarized zones. Within the limits of these zones, the teams will have the right of free movement and will receive from the local civil and military authorities all the facilities they may need to accomplish their missions (such as the furnishing of personnel, the making available of the necessary documents for control purposes, the summoning of witnesses necessary for investigations, the protection of the security and of the freedom of movement of the inspection teams, etc.). They will have at their disposal modern means of transport, observation and communication which may be useful to them outside of the action zones defined above.
Mobile teams will be able, in agreement with the command of the side concerned, to engage in other movements within the framework of the missions entrusted to them by this agreement.
- 9. The international commission is charged with
supervising the implementation by the sides of the
provisions of the agreement. For this purpose, it is to
carry out missions of control, observation, inspection and
investigation related to the application of the provisions
of the agreement on the cessation of hostilities and it must
- Control the movement of the armed forces of the two sides carried out within the framework of the regrouping plan.
- Watch over the demarcation lines between the regrouping zones as well as the demilitarized zones.
- Control the operations involved in the freeing of prisoners of war and civilian internees.
- In the ports and airports as well as on all the frontiers of Vietnam, watch over the application of the clauses of the agreement on the cessation of hostilities having to do with the introduction [Page 1307] into the country of armed forces of military personnel, and of all types of armament, munitions and war matériel.
- 10. The International Commission is to proceed through the inspection teams which have been mentioned above, and as rapidly as possible, either on its own initiative or at the request of the Joint Commission or at the request of one of the sides, to carry out investigations which may be necessary, on the basis of documents and on the ground.
- 11. The inspection teams are to transmit to the International Commission the results of their control, of their investigations, and of their observations; in addition, they are to make whatever special reports they may deem necessary or which the Commission may ask them for. In case of disagreement within the team, the conclusions of each of the members are to be transmitted to the Commission.
- 12. If an inspection team has not been able to settle an incident or if it believes that there has been a serious violation or a threat of such a violation, the International Commission is to be informed; it is to study the reports and the conclusions of the inspection teams and to inform the sides regarding the measures which must be taken in order to settle the incident or to make the violation cease or to do away with the threat of violation.
- 13. When the Joint Commission does not succeed in reaching an agreement regarding the interpretation of a provision or the evaluation of a fact, the International Commission arbitrates the disagreement. Its conclusions are to be sent directly to the sides and are to be communicated to the Joint Commission.
- 14. The recommendations and the arbitral decisions of the International Commission are to be adopted or rendered by a majority vote, subject to the provisions of Article 15 below. In case of a tie vote, the vote of the chairman is decisive. The International Commission may formulate recommendations regarding amendments and additions which it would be desirable to make to the provisions of the agreement on the cessation of hostilities in Vietnam in order to insure a more efficacious application of the said agreement. These recommendations are to be adopted by unanimous vote.
15. When questions are involved which relate to violations or to threats of violations which may result in a resumption of hostilities i.e.:
- The refusal by the armed forces of one side to proceed with the movements provided in the regrouping.
- The violation by the armed forces of one side of the regrouping zones or of the territorial waters or of the air space of the other side.
The decisions of the International Commission must be adopted by unanimous vote. If unanimity is not achieved, the majority conclusions are to be communicated to the sides which must take them into consideration.
16. If one of the sides refuses to apply a recommendation or an arbitral decision of the International Commission, the latter informs the guarantors.
If the International Commission has not succeeded in reaching a unanimous conclusion in the cases provided for in Article 15, it will transmit to the guarantors a majority report and one or several minority reports.
The International Commission is to inform the guarantors of any obstacle which may arise to the carrying out of its activities.
- 17. The International Control Commission is to be on the spot from the moment of the cessation of hostilities in Indochina in order to be able to carry out the tasks provided in Article 9.
- 18. The International Control Commission in Vietnam is to act in close cooperation with the International Control Commissions in Cambodia and in Laos. An organism of coordination of the activities of the three Commissions is to be created through an agreement between them.
- 19. The International Control Commission for Vietnam may, after consulting with the International Control Commissions for Cambodia and Laos, formulate recommendations regarding the gradual reduction of its activities, taking into account developments in Vietnam. These recommendations are to be adopted by unanimity.”
Comments USDel follow.3