grams requiring more comprehensive type safeguards. Hence underdeveloped countries would have an opportunity to observe the effect of the application of such safeguards before having to experience them.

As the result of willingness on both sides to discuss and negotiate original differences, agreement was thus achieved on unimpaired and textually improved safeguard provisions, which were unanimously approved by the Conference. (e) Finances

Considerable concern was expressed by the underdeveloped countries as to their ability to finance atomic development programs. Hope was expressed that the Agency would either grant financial assistance to poorer countries or make services and materials available free of charge. On the other hand, there was a general desire to avoid making Agency membership too costly. The principle of article XIV (finance) was successfully maintained that the Agency should be operated on a nonprofit businesslike business and should not engage in financing operations. An amendment to article IX sponsired by the Latin American countries was adopted, however, by which the Agency would lend its good offices in assisting members in securing the necessary financing of desired projects from sources outside the Agency. It was the understanding of the Conference that the Agency would not assume responsibility for any such financial arrangements.

In the debate it was pointed out that the Agency would have discretion to take into consideration the financial position of countries in fixing the scale of charges for Agency assistance. Clarifying amendments were also adopted concerning the Agency's authority to accept voluntary contributions and applying the proceeds to reduce the scale of charges.

An attempt by the U. S. S. R. to eliminate the Agency's borrowing authority and restrict the financing of Agency facilities to voluntary contributions, the effect of which would have been seriously to hamper the future development of the Agency, was defeated by a substantial majority.

(f) Definitions

France, supported by India, attempted to incorporate a definition of military purposes in article XX, but withdrew its amendment to this article when the seeming impossibility of finding satisfactory language became apparent. The French delegation, however, wished its understanding included in the record that the Agency should not refuse assistance in the peaceful uses of atomic propulsion solely on the grounds that such propulsion could also be used for military purposes.

(g) Chinese representation and Agency membership

Both at the opening of the Conference and during the discussion of the Secretary General's report on credentials, the U. S. S. R. injected the Chinese representation issue but with fruitless results. The great majority of the delegations believed that the Conference should not be used as a forum for vituperative substantive debate on this issue.

The U. S. S. R. was equally unsuccessful in its attempt to delete membership in the United Nations or its specialized agencies as a requirement for initial Agency membership.

(h) Sovereign rights

The U. S. S. R. did not itself introduce an amendment regarding sovereign rights as it indicated it would do at the Working Level Meeting. It did, however, attempt to make ideological capital from this issue, especially with reference to safeguards. Although solicitude for sovereign rights would naturally have especial appeal to the large number of newly independent countries at the Conference, manipulation of this issue did not strike a responsive chord. Thus a Polish amendment to article III D, as a result of which the issue of protection of sovereign rights could have been pleaded as an excuse for avoiding legitimate Agency obligations, was decisively defeated.

(i) Preparatory Commission

Annex I of the draft statute provided for a Preparatory Commission, composed of the 12 nations which had drafted the statute plus elected members, to come into being on the day the statute was opened for signature and charged with responsibility to arrange for the first General Conference of the Agency and to make designations to the first Board of Governors. An amendment expanding the Commission's activities to include organizational and operational plan

ning was adopted by the Conference as a means of expediting the establishment of the Agency. This amendment was introduced by all of the sponsoring states except Czechoslovakia, India, and the U. S. S. R. While the latter supported the substance of the amendment, they did not join in introducing it because of the opposition of the other sponsoring states to a U. S. S. R. amendment to increase the number of elected members on the Commission from 6 to 7. The object of the Soviet amendment was to obtain another seat for Eastern Europe on the Commission. The other sponsoring states firmly opposed the Soviet move on the grounds that two seats for Eastern Europe were adequate representation and that to start increasing the number of elected seats might result in endless election difficulties and an oversized Commission. The United States proposed that no European country should have any of the six seats, which, to ensure equitable representation, should be divided among the Latin American and AfroAsian areas exclusively. A last minute Syrian amendment, supported by the U. S. S. R., for increasing the number of elected states to nine, was defeated. The present Commission is thus a reasonably sized body of 18 members, representing all area of the world.

IV. FINAL ACTS OF THE CONFERENCE

On October 23, the Conference, reconvening in plenary session, approved the Coordination Committee's report recommending the draft statute and then unanimously adopted the statute by a standing vote of approval.

At this same session, the Conference also elected Argentina, Egypt, Indonesia, Japan, Pakistan, and Peru as members of the Preparatory Commission, and passed a resolution recommending the establishment of the Agency headquarters in Vienna.

V. THE SIGNING OF THE STATUTE AND CLOSING SESSION OF THE CONFERENCE

The Conference opened its 16th and final plenary session on October 26, 1956, with a message to the Conference from President Eisenhower read by the Chairman of the United States Atomic Energy Commission, Admiral Strauss. In this message it was announced that the United States will make available to the Agency, on terms to be agreed upon with that body, 5,000 kilograms of a nuclear fuel uranium-235, and would make available additional amounts to match the sum of all quantities of such materials made similarly available by all other Agency members, and on comparable terms, for the period between the establishment of the Agency and July 1, 1960. Substantial initial support for the Agency is thus assured. The statement was regarded as tangible proof of the United States willingness to support the Agency based on the statute as adopted.

To date, representatives of 71 countries have signed this new instrument of peace. The statute has thus been signed by all but 16 of the 87 countries eligible for initial membership and will come into force when ratified by 18 countries, which must include 3 from the following: Canada, France, United Kingdom, U. S. S. R., and the United States.

In a closing address, the President of the Conference, Ambassador Muniz, eloquently summed up the significance of the accomplishments of the Conference. The Secretary General of the Conference, Mr. Hammarskjold, presented Ambassador Muniz with the Conference gavel in recognition of his services. The President then declared closed the Conference on the Statute of the International Atomic Energy Agency.

VI. UNITED STATES PARTICIPATION AT THE CONFERENCE

(a) United States preparations for the Conference

The United States played a leading role in drafting the report of the Working Level Meeting, which was sent as an enclosure to the invitations to the Conference, and which contained the provisional agenda and rules of procedure for the Conference. The United States also worked patiently and diligently in arriving at a formula by which the United States could issue the invitations to the Conference in the name of all 12 members of the sponsoring group. The position taken by the U. S. S. R. in particular, regarding invitations to China, Korea, Vietnam, and Germany, made this a thorny negotiating problem.

During the summer and early fall, the United States both through approaches at capitals and through extensive consultations with foreign representatives in Washington and New York, briefed countries invited to the Conference on

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the position of the United States intended to take on the statute. The main points which the United States sought to make were:

1. The draft statute as it stood was acceptable to the United States, which was prepared to give wholehearted support to an Agency based on such a statute.

2. While the United States would sympathetically consider amendments which would improve the statute, it would oppose amendments based on reservations made at the Working Level Meeting as contained in the report of that meeting.

(b) United States representation at the Conference

Ambassador James J. Wadsworth, deputy United States representative to the United Nations, was the United States representative and chairman of the delegation (see enclosure 4 for delegation list), consisting of four congressional advisers (Senators John O. Pastore and John W. Bricker, and Representatives W. Sterling Cole and Paul J. Kilday) and a larger number of political and technical advisers from the Department of State and the Atomic Energy Commission.

(c) United States Conference objectives and achievements

The basic United States objective was to obtain the adoption of the draft statute without substantial alteration and with the widest possible international support so as to encourage maximum membership and participation among the 87 countries eligible for initial membership. With the unanimous adoption by the Conference of an improved but basically unaltered text of the statute, this United States objective was fully attained. In achieving it, the United States followed a flexible approach based on willingness to negotiate differences or to explain and clarify issues on which it was necessary to remain firm. The success of this policy is attested to by the fact that the resulting statute not only enjoyed the broadest international approval but also should make possible the establishment and operation of an Agency that the United States can generously support on a continuing basis.

More specifically, the statute contains all those features which the United States worked to include. Functionally, it will make possible an Agency with broad authority to assist in research and development in the peaceful uses field; possess and distribute nuclear materials; carry out the pooling of such materials at the request of member states as proposed by the President; establish and operate its own facilities; organize and apply a system of minimum safeguards in the interest of health, safety, and international security; apply such safeguards on request to bilateral or multilateral arrangements or the atomic energy activities of a member state; conduct its financial management on a flexible but business-like basis in the interest of the entire membership; establish an appropriate relationship with the United Nations and other international organizations; and take into consideration recognized standards of international conduct in connection with the admission of new members. Organizationally, the statute should make possible an Agency with a technically competent but broadly representative Board of Governors responsible for the managerial operations of the Agency and responsive to the General Conference, through which the Agency membership as a whole will be able to speak in connection with the formulation of broad Agency policy.

The unusually cooperative and harmonious atmosphere of the Conference, which made these achievements possible, gives substance to President Eisenhower's hope that the Agency will provide a new and promising avenue to the solution of international problems. The success of the Conference would thus seem to assure the swift translation of the President's Agency proposal from a hopeful idea to a useful, working reality.

DECEMBER 6, 1956.

[Enclosures not transmitted]

REPUBLICA DE VENEZUELA

DELEGACION A LA NACIONES UNIDAS

Excelentísimo Señor Presidente:

NUEVA YORK, 25 de octubre de 1956

Tengo a honra llevar a conocimiento de Vuestra Excelencia que, de acuerdo con las instrucciones que he recibido del Gobierno de Venezuela, la Delegación que presido, ha sido autorizada para firmar el Estatuto del Organismo Internacional de Engergía Atómica, dejando constancia textual de la siguiente declaración:

"La Delegación de Venezuela firma ad referendum el presente Estatuto en la inteligencia de que:

1) En cuanto al articulo XVII del mismo, la firma o ratificación del presente Instrumento por parte de Venezuela no implica por ésta aceptación de la jurisdición de la Corte Internacional de Justicia sin su consentimiente expreso en cada caso.

2) Que ninguna modificación del presente Instrumento, a que se refiere el párrafo C del artículo XVIII°, podrá ser considerada en vigor por Venezuela, sin el previo cumplimiento de sus disposiciones Constitucionales acerca de ratificación y depósito de tratados públicos."

Asimismo, me es grato confirmar a Vuestra Excelencia que han sido authorizados para firmar el referido Estatuto los siguientes miembros de la Delegación: el que suscribe, el Doctor Francisco Alfonzo Ravard y el Doctor Marcel Granier. Válgome de esta oportunidad para reiterar a Vuestra Excelencia el testimonio de mi más alta consideración.

Humberto Fernández-Morán,

DR. HUMBERTO FERNÁNDEZ-MORÁN,

Presidente de la Delegación de Venezuela a la Conferencia sobre el Estatuto del Organismo Internacional de Energia Atómica.

Al Excelentísimo Señor Joao CARLOS MUNIZ

Presidente de la Conferencia sobre el Estatuto del Organismo Internacional de Energía Atómica

I have the honour to inform you that in accordance with instructions I have received from the Venezuelan Government my delegation has been authorized to sign the Statute of the International Atomic Energy Agency, subject to the terms of the following declaration :

"The Delegation of Venezuela signs the present Statute ad referendum and on the understanding that:

1) As regards article XVII, the signing or ratification of this Instrument by Venezuela does not imply Venezuela's acceptance of the jurisdiction of the International Court of Justice without its express consent in each individual case;

2) No amendment to this Instrument under paragraph C of article XVIII shall be regarded by Venezuela as operative until its constitutional provisions concerning the ratification and deposit of public treaties have been complied with."

I also have the honour to confirm that the following members of my delegation have been authorized to sign the aforesaid Statute: the undersigned, Dr. Francisco Alfonzo Ravard and Dr. Marcel Granier.

I have the honour to be, Sir, etc.,

(signed) HUMBERTO FERNÁNDEZ-MORÁN Chairman of the Venezuelan Delegation to the Conference on the Statute of the International Atomic Energy Agency.

His Excellency Mr. JOAO CARLOS MUNIZ,

President of the Conference on the Statute of the International Atomic
Energy Agency.

IS TREATY SELF-EXECUTING?

Senator HICKENLOOPER. Mr. Secretary, is this treaty a self-executing treaty or does its implementation, so far as the United States is concerned, have to come to the Congress for authorization of the details and the activities?

Secretary DULLES. There would be required, as I understand it, an implementing act just as there was in the case of the United Nations.. Where you have United Nations Participation Act you would have to have an International Atomic Energy Agency Participation Act.

Senator HICKENLOOPER. So it would require, in your view, legislation which would in a measure or in detail spell out the lengths to which we could go in participating in this international statute?

Secretary DULLES. The participation act would deal with the machinery and procedures primarily.

As far as the extent of participation, if you are referring to such matters as the amount of atomic materials that might be made avail-able and so forth, that is not now subject to any legislative restrictions. We do not expect to ask that it should be made so, although of course it would be entirely possible for the Congress, if it so desired, to impose restrictions.

COST OF THE PROGRAM

Senator HICKENLOOPER. In your statement you said that the anticipated expenses of the Agency for the first year of operation would not be expected to exceed $6 million.

The Atomic Energy Commission has, I think, announced the price of $16 a gram for 20 percent enriched uranium 235, which is at least the original proposal for enrichment of materials made available to this Agency.

The proposal of the President is to make available to the Agency, initially, 5,000 kilograms. That, as I figure it, is 5 million grams, which would be $80 million worth of material at $16 a gram. That would be a part of the cost of the Agency, in addition to the $7 million in expenses; would it not?

QUESTION OF PAYMENT BY RECIPIENT COUNTRIES

Secretary DULLES. No, sir; because the recipients would have to pay that.

Senator HICKENLOOPER. Where would the recipients get the money to pay for it?

That is based on the idea that this treaty, as I read it, emphasizes and reemphasizes the fact that these facilities are to be put into and used by underprivileged countries. Where would they get the money to pay for this?

Secretary DULLES. A good many of these countries that will use it have got the money to put in a project which would save them a great deal of foreign exchange which they otherwise pay.

There are a number of countries in the world, I prefer not to call them by name, which are very short of fuel oil, for example, and the procurement of this involves a very heavy drain upon their foreign exchange.