205. Telegram From the Mission to the United Nations to the Department of State 1

4981. Subj: Legal Aspects of 25 Percent.

1.
On 24 Nov Sloan asked DelOff whether there were any new developments on 25 percent following DelOff’s earlier conversation with Stavropoulos. DelOff described US world-wide efforts to secure appropriate vote in Fifth Committee and said we hope to be able to review with Stavropoulos and Sloan legal aspects in detail next week.
2.
Sloan said he and Stavropoulos are troubled by the impact of our contention that 25 percent would not require 2/3 in plenary on a hypothetical LDC move at a future session to raise DC assessments by simple majority. DelOff replied this would be entirely different case involving raising a member’s assessment against its will. By contrast, our 25 percent proposal involves no increase in any member’s assessment; in fact, L.1091 expressly states that reduction can take effect only as additional percentage points become available. Sloan said that one could as well argue that since our proposal entails denying prospective reductions in assessments of various members, it does involve an in [Page 374]crease in assessments. DelOff countered that this would not in any event be the case for the approximately 70 members whose assessments are at the 0.04 floor; at least as to them the 25 percent proposal involves no denial of prospective benefits whatever.
Bush
  1. Source: National Archives, RG 59, Central Files 1970–73, UN 10–4. Confidential; Limdis.