218. Telegram From the Department of State to the Mission to the United Nations1
456. Ref: Your 561, 562.2 Subject: ICJ Opinion. Dept is firmly of view ICJ opinion must be accepted by 17th GA and expects broad support for res to this effect. We will not agree to postponement this action to 18th GA.
Reftel does not make clear whether LA’s contemplate payment in installments would apply to entire amount of indebtedness due to UN, or whether such mode of payment be applicable merely to arrearages in excess of amount equal to or exceeding contributions due for preceding two full years. Even after ICJ opinion holding UNEF and ONUC expenditures are “expenses of the Organization” within meaning Art. 17, it is not anticipated arrears of Members will lead to loss of voting rights at 17th GA. Further, the amounts by which Members are likely to exceed the Art. 19 limit in 1963—and therefore must pay to avoid loss of vote—will be small enough so no installment payments plan required or advisable for those excess amounts. Unless unexpected 17th GA financing resolutions adopted, USSR and those with like arrearage situation will have until January 1964 to pay relatively small arrears before Art. 19 becomes operative. Real problem is to get additional payments or arrears within Art. 19 limit in order to pay UN debts and improve UN cash position. As USUN knows, important US objective (once ICJ opinion adopted) is to assist and ensure arrears collection by SYG.
Dept believes it extremely undesirable consider special scale of assessments “in conjunction with” consideration ICJ opinion. Past UNEF and ONUC expenditures have already been assessed and ICJ rendered opinion under these circumstances. For GA to reconsider assessments already made would set plainly awkward and unworkable precedent and would make sound financial planning impossible. As to future scale of assessments, USUN aware US problems in proposing or agreeing with special scale without full, prior, specific Congressional consultation. Any special scale should be considered on its own merits in any event, and should in no way be tied to GA acceptance ICJ opinion.