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Contemporary Practice of the United States Relating to International Law

Published online by Cambridge University Press:  28 March 2017

Extract

The Senate on March 16, 1961, by a vote of 72 to 18, advised and consented to the ratification of the Convention on the Organization for Economic Cooperation and Development and its three protocols signed at Paris December 14, 1960. The Organization is a consultative forum capable of initiating agreements on the use and development of economic resources, on removing obstacles to trade and current payments, on liberalization of capital movements, on the flow of capital to less developed countries. The 20 signatories are the industrialized states of Europe, Canada and the United States. A vociferous opposition to the convention by interests that erroneously thought it might reduce tariffs was heard by the Senate Committee on Foreign Relations. Whether on that account or because they realized the importance of the convention itself, members of that committee in two executive sessions carefully probed official spokesmen to satisfy themselves that the convention did not affect the powers of the President or Congress. As a consequence, the resolution approving the convention took this unusual form:

Having regard to and in reliance on the statement in the letter of January 16, 1961, from Secretary of State Herter to President Eisenhower and transmitted by him to the Senate on January 17, 1961, that “the U. S. representative will not have any additional powers in substantive matters to bind the United States after the convention enters into force than now exist in the Executive, but that any act of the Organization outside the power of the Executive will require action by Congress or the Senate, as the case may be, before the United States can be bound,” and having regard to and in reliance on the testimony of Secretary of the Treasury Dillon and Under Secretary of State Ball in behalf of the administration, and having regard to and in reliance on the Opinion of the Legal Adviser of the Department of State dated March 6, 1961, and quoted in the committee report of this convention:

Resolved (Two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Convention on the Organization for Economic Cooperation and Development, together with two protocols relating thereto, signed at Paris on December 14, 1960, by representatives of the United States of America, Canada, and the 18 member countries of the Organization for European Economic Cooperation (Executive E, 87th Congress, 1st session), with the interpretation and explanation of the intent of the Senate that nothing in the convention, or the advice and consent of the Senate to the ratification thereof, confers any power on the Executive to bind the United States in substantive matters beyond what the Executive now has, or to bind the United States without compliance with applicable procedures imposed by domestic law, or confers any power on the Congress to take action in fields previously beyond the authority of Congress, or limits Congress in the exercise of any power it now has.

Type
Research Article
Copyright
Copyright © American Society of International Law 1961

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References

1 Reprinted below, p. 789.

2 Organization for Economic Cooperation and Development. Report of Senate Committee on Foreign Relations on Exec. E, 87th Cong., 1st Sess. Exec. Rep. No. 1 (March 8, 1951), p. 13.

3 U. S. Senate, Committee on Foreign Relations, 87th Cong., 1st Sess. Organization for Economic Cooperation and Development. Hearings ... on Exec. E, 87th Cong., 1st Sess. 195-257 (sessions of March 1 and 6, 1961).

4 * Hearings 234 ff., 255.

5 Loc. cit. 118 ; Exec. Rep. No. 1, 87th Cong., 1st Secs. 18. The opinion and supporting memorandum are at p. 20.

6 Hearings 280.

7 Report of the Senate Committee on Foreign Relations on Exec. E, 87th Cong., 1st Sess. 18-20.

8 The former trust territories which have become states are Cameroun (French), Libya, Somalia and Togo (French). Togo under British administration became part of Ghana. The British trust territory of Cameroons by plebiscite has joined Nigeria and Cameroun.

9 Art. 3 of the inter-American Convention on Rights and Duties of States (U. S. Treaty Series, No. 881; 4 Trenwith 4807), signed Dec. 26, 1933, states: “The political existence of the State is independent of recognition by the other States.”

10 I Moore, Digest of International Law 105. See generally 1 Moore 72-119; 1 Hackworth 161-222. Treatises for the most part deal with theory more than with practice.

11 States accrediting diplomatic missions to other governments are listed in the Statesman’s Year-Book. Nepal, coming out of isolation in only a matter of a decade, in 1960 received 27 diplomatic missions, of winch 22 were also accredited to other states.Nepal has three and may later have six missions abroad. New York Times, Sept. 21, 1960, p. 15. At the same time the United States had 102 diplomatic missions.

12 Practice of the United States is summarized in “American Policy on Establishment of Relations with Foreign Countries,” Division of Historical Policy Research, Research Project No. 15 (1947).

13 Special Representative of the President John J. Muccio immediately negotiated agreements with the Republic of Korea, and, after the United Nations took note of the republic’s status, was appointed ambassador. On the other hand, Indonesia’s assertion of independence in 1945 was followed by contests over form of government, hostilities with The Netherlands, long consideration of the question by the United Nations; the Round Table settlement in 1949 is therefore regarded as determining the date.

14 The date of a recess appointment, subsequently confirmed, is also used.

15 Ability to observe international obligations seems to have been very sketchily satisfied.

16 Burma, Ceylon, India, Nepal, Pakistan, Philippines and Sudan. Korean independence was the subject of General Assembly resolutions for two years as a political dispute.

17 The functioning of the Trusteeship Council, the persistent curiosity of the Committee on Information from Non-Self-Governing Territories, and the general cultivation of anti-colonialism have served to keep world opinion sensitive in this matter.

18 48 Stat. 456.

19 60 Stat. 1352.

20 60 Stat. 1800; T.I.A.S., No. 1539; 6 U.N. Treaty Series 335 and 61 Stat. 1174; T.I.A.S., No. 1568; 7 U.N. Treaty Series 3.

21 1 A.J.I.L. Supp. 221 (1907) ; 98 British and Foreign State Papers 1139.

22 The facts are drawn from The Record on Korean Unification, 1943-1960; Narrative Summary with Principal Documents (Dept. of State Pub. 7084) ; Korea, 1945 to 1948 (Pub. 3305) ; and Background Information on Korea, H. Doc. 2495, 81st Cong., 2d Sess., from the Committee on Foreign Affairs.

23 The texts are in Korea, 1945 to 1948, pp. 100-103.

24 Background Information on Korea 16-17 (H. Doc. 2495, 81st Cong., 2d Sess.).

25 The facts put together here are taken partly from published documents as cited and from Department of State records.

26 T.I.A.S., No. 1918; 62 Stat. 3817; 79 U.N. Treaty Series 57.

27 T.I.A.S., No. 1851, 62 Stat. 3422; 89 U.N. Treaty Series 155.

28 Public Law 793, 80th Cong.; 62 Stat. 1054. The agreement of Dec. 10, 1948, is T.I.A.S., No. 1908; 62 Stat. 3780; 55 U.N. Treaty Series 157.

29 T.I.A.S., No. 1908; 62 Stat. 3780; 55 U.N. Treaty Series 157.

30 4 Trenwith 4227; the convention repeats the mandate.

31 League of Nations Official Journal, 1928, pp. 1449, 1451, 1574.

32 Resolution 9(1), which provided for the translation of League of Nations mandates into trust agreements under the United Nations. The new status of Trans-Jordan, inter alia, was noted in the League of Nations Assembly Resolution of April 18, 1946.

33 6 U.N. Treaty Series 143 ; superseded by treaty of March 15, 1948, 77 U.N. Treaty Series 77.

34 14 Dept. of State Bulletin 765 (1946).

35 Resolution 181 (III), U.N. General Assembly, Official Records, Doc. A/519.

36 Israel Digest, Nov. 11, 1960, p. 8; Participation in the United Nations, 1948, pp. 39-56 (Dept. of State Pub. 3437; H. Doc. 178, 81st Cong., 1st Secs.).

37 The armistices left half again as much territory in Israel’s control as was stipulated in the Plan of Partition.

38 18 Dept. of State Bulletin 673 (1948) ; the time of sending is taken from the official copy. The message was sent and received after the proclamation of independence, not before it, as has been thought.

39 File 890.01, from which later documents are quoted.

40 U.N. Security Council, 3rd Year, Dept. of State Official Records, No. 130, p. 12.

41 The application of Trans-Jordan was considered by the Security Council in August, 1947, and was pending thereafter until its admission as the Hashemite Kingdom of Jordan on Dec. 14, 1955.

42 Diplomatic representation between the United States and India was reciprocally complete months before independence on Aug. 15, 1947. The Agent General of India in the British Embassy at “Washington, an official dating from July, 1941, was made a charge d’affaires in November, 1946, and was accredited as ambassador in February 1947, six months in advance of independence. The United States followed with appointment of a chargfi d’affaires vice the commissioner, in December, 1946, and of an ambassador in April, 1947.

43 Decade of American Foreign Policy, 1941-1959, p. 782; 17 Dept. of State Bulletin 396 (1947). Under the Independence Act (10 & 11 Geo. 6, c. 30), India and Pakistan became Dominions of the British Commonwealth of Nations and the Governor General, as Viceroy of the British Crown, was head of the state. Ambassador Henry F. Grady was not re-accredited when the Governor General became head of the independent Dominion of India as well as Viceroy of the head of the British Commonwealth of Nations.

44 Independence (International Arrangements) Order, 1947; Briggs, The Law of Nations 924.

45 Amos J. Peaslee, 1 Constitutions of Nations 279 (2d ed.) This constitution illustrates a customary anticipation of independence, declaring Burma to be “a sovereign independent republic” a month before the treaty of Oct. 17, 1947, with the United Kingdom recognized that status. The fact was, of course, implicit in the relations of the parties, and even the timing of the constitution was mutually understood.

46 17 Dept. of State Bulletin 648 (1947).

47 T.I.A.S., No. 1585; 61 Stat. 2566; 16 U.N. Treaty Series 97.

48 165 U.N. Treaty Series 78 ff. ; Decade of American Foreign Policy, 1941-1949, pp. 789-804.

49 22 Dept. of State Bulletin 753 (1949).

50 American Foreign Policy, 1950-1955, p. 2364.

51 155 British and Foreign State Papers 158, 405, 472.

52 American Foreign Policy, 1950-1955, p. 787; armistices, pp. 750-785.

53 2 U. S. Treaties 2205, 2152, 2177; T.I.A.S., Nos. 2346, 2343, 2344; 174 U.N. Treaty Series 285, 115, 141.

54 Dept. of State Bulletin 552 (1956).

55 Ibid. 466.

56 1956 American Foreign Policy 708; 51 A.J.I.L. 676 (1957).

57 106 British and Foreign State Papers 1023.

58 1 Malloy 1220; 22 Stat. 817; U. S. Treaty Series, No. 246.

59 2 Malloy 2157; 34 Stat. 2905; U. S. Treaty Series, No. 456.

60 Graham H. Stuart, The International City of Tangier 201 (2d ed.) ; includes subsequent documents concerning the regime through 1952.

61 106 British and Foreign State Papers 1025.

62 1956 American Foreign Policy 710.

63 Ibid. 711-712; 34 Dept. of State Bulletin 667 (1956).

64 Ibid. 715.

65 T.I.A.S., No. 3680; 7 U. S. Treaties 3035; 263 U.N. Treaty Series 165. A note attached to the text in 1956 American Foreign Policy 716 succinctly summarizes the relation of the United States to the Tangier international régime, which is set forth at length in Stuart’s volume, cited above.

66 1956 American Foreign Policy 726.

67 51 A.J.I.L. 683 (1957).

68 72 British and Foreign State Papers 247, and 74 Hid. 743.

69 The six conventions, the other documents and much historical information are included in “Tunisia Faces the Future” (special issue of Le Monde Economique, distributed by the Information Service of the Embassy of France in New York).

70 British Somaliland disappeared in the process of statehood. It came to independence June 26, 1960, and forthwith, by pre-arrangement, joined the Italian trust territory which, on July 1, 1960, became the independent Republic of Somalia.

71 Statement of Lane Dwinell, Assistant Secretary for Administration, U. S, Senate, Committee on Appropriations, Hearings before the Subcommittee, 86th Cong., 2d Sess., on H.R. 11666, p. 131.

72 43 Dept. of State Bulletin 388 (1960).

73 43 ibid. 118.

74 43 ibid. 546.

75 Prom the legal point of view the commitment with the other state to establish an embassy would seem to be a form of recognition. The completion of the representation which follows is subject to various circumstances. The Department of State regards recognition of the Congo (Leopoldville) as effected with the establishment of an embassy under a chargé d’affaires on the independence date, June 30, 1960; the ambassador was not commissioned until July 7 and did not present his credentials until July 25. Ordinarily, an ambassador’s tenure is dated from that of his commission by the President, which coincides with his confirmation by the Senate, or the date of designation in case of a recess appointment. The general practice of appointing ambassadors, of course, gives them direct access to the head of state, as distinct from ministers, whose right of access is limited to the minister for foreign affairs.

76 “African Nationalism and United States Foreign Policy,” address by James K. Penfield, Deputy Assistant Secretary of State for African Affairs, Dec. 10, 1960, p. 8 (Press Release No. 688); also “The United States and the Continent of Africa,” address by Joseph C. Satterthwaite, Assistant Secretary of State for African Affairs, Oct. 24, 1960, p. 5 (Press Release No. 610).

77 36 Dept. of State Bulletin 348 (1957).

78 Dept. of State Press Releases, 1959, No. 882 ; 1960, Nos. 193, 359, 378, 554.

79 In addition to referring to special relations with the country, the messages of the President mention special political situations. In the ease of Cyprus, independent by virtue of a complex of agreements (U.K., Pari. Papers, Cmnd. 679 and 1093), the felicitations were addressed to “the members of your Government, and the Cypriot people in the Greek, Turkish and other communities of the Republic.”

80 43 Dept. of State Bulletin 702 (1960).

81 44 ibid. 19 (1961) ; Press Release, 1960, No. 694.

82 The capital subscriptions to the International Monetary Fund and the International Bank for Reconstruction and Development were doubled in 1959, the United States quota being authorized by Public Law 86-48, approved June 17, 1959, 73 Stat. 80. Membership in and subscription to capital were authorized by the Inter-American Development Bank Act, Public Law 86-147, approved Aug. 7, 1959, 73 Stat. 299, and by the International Development Association Act, Public Law 86-565, approved June 30, 1960, 74 Stat. 293. Members of the Organization of American States on Sept. 13, 1960, signed the Act of Bogota to provide for utilizing $500,000,000 authorized by Public Law 86-735, approved Sept. 8, 1960, 74 Stat. 869. Public Law 87-41, May 27, 1961, made the appropriation for the Inter-American Social and Economic Cooperation Program.

83 The atmosphere of this evolution is set by the U.N. General Assembly. On Dec. 14, 1960, in Res. 1514(XV), it declared that “inadequacy of political, economic, social or educational preparedness should never serve as a pretext for delaying independence.” On Dec. 15, 1960, in Res. 1515, 1521, 1522 and 1524(XV), it called for “the increasing provision of public and private capital on acceptable terms . . . through freely negotiated multilateral or bilateral arrangements “ ; in principle decided to establish a “United Nations capital development fund”; advocated increase of the flow of capital and assistance “to reach as soon as possible approximately 1% of the combined national incomes of the economically advanced countries”; and to encourage “the extension as appropriate of long-term loans, grants or credits” on specified specially favorable terms.

84 The Act of Bogotá (The Bogotá Conference, September, 1960; Report, Senate Committee on Foreign Relations, 87th Cong., 1st Sess.) was approved by the Council of American States Oct. 11, I960, before the resolution on “Financing of Economic Development” (loc. cit. 20) was formulated. The President’s message is H. Doc. 105, 87th Cong.

85 1 European Yearbook 231; 2 Peaslee, International Governmental Organizations 529.

86 Exec. E, 87th Cong., 1st Sess. ; reprinted below, p. 789 ; Exec. Rep. 1, Background Information relating to the Organization for Economic Cooperation and Development, Committee on Foreign Relations print. The Senate advised and consented to the convention March 16, 1961.

87 The members of the Group are Belgium, Canada, France, Federal Republic of Germany, Italy, Japan, Netherlands, Portugal, United Kingdom and United States, and the Commission of the European Economic Community, representing additionally the other signatories of the conventions of 1948 and 1960: Austria, Denmark, Greece, Iceland, Ireland, Luxembourg, Norway, Spain, Sweden, Switzerland and Turkey. See communiqué on the fourth meeting, London, March 27-29, 1961, 44 Dept. of State Bulletin 553 (1961).

88 The agreements were approved by the Bretton Woods Agreements Act, approved July 31, 1945, 59 Stat. 512. This act establishes the National Advisory Council on International Monetary and Financial Problems which guides the operations of these and related agencies, advising the President with respect to them; see p. 731 below.

89 Inaugurated by the Economic Cooperation Act of April 3, 1948, 62 Stat. 137.

90 2 Peaslee, International Governmental Organizations 529 ; 1 European Yearbook 231; 43 A.J.I.L. Supp. 94 (1949).

91 Principally the European Payments Union, Sept. 19, 1950, 2 European Yearbook 363, which was succeeded by the European Monetary Agreement, Aug. 5, 1955, 3 ibid. 213; the European Productivity Agency, ibid. 205; the European Conference of Transport Ministers, Statute, Oct. 17, 1953, ibid. 403.

92 51 A.J.I.L. 865 (1957); 4 European Yearbook 415; 298 U.N. Treaty Series 1.

93 12 International Financial News Survey 174 (International Monetary Fund) ; 370 U.N. Treaty Series 3.

94 The official assistance to the less developed countries by members of the Organization and Japan in the four years was $14.3 billions. It is set forth as a percentage of the gross national product in a table in the report on the convention, Exec. Rep. 1, 87th Cong., 1st Sess., p. 16.

95 The participation of the three European Communities in the work of the Organization makes it pertinent to remark that the fiscal agent of the Organization for European Economic Cooperation and the European Coal and Steel Community has been the Bank for International Settlements established by convention, statute and charter signed Jan. 20, 1930, 104 L.N. Treaty Series 441, to handle reparation and “out-payments” accounts under the Young Plan. It is also fiscal agent of the European Monetary Agreement of Aug. 5, 1955, United Kingdom, Misc. No. 20 (1955), Cmd. 9602, 3 European Yearbook 213, and for its predecessor, the European Payments Union, which received its initial capital of $350,000,000 by grant from the United States.

In addition to the business that it does, the Bank for International Settlements is important because it is virtually the central bank of central banks, in view of the fact that the directors represent all European central banks except those of the Soviet Union and Spain. It is the forum for concerting official banking operations and policy. The United States portion of shares is held by private banks, but the Federal Reserve System maintains close relations with it under the wide authority of the Board of Governors defined in Title 12, sec. 348 a, U. S. Code. The annual report of the bank for 30 years has been the standard analytical and statistical record of the world’s financial condition. Per Jacobsson, who wrote that report for many years, says that “there is more cooperation between the monetary authorities than is generally known.’’ 12 International Financial News Survey 578.

96 The negotiations did not identify the “less-developed countries,” but they may be indicated. The budget quotas of the United Nations are fixed on a formula designed to determine comparative capacity to pay. Of the 99 members in 1960, 61 were rated at less than % of 1%, two being Communists. The following 28 were rated at 0.04% each: Albania, Bolivia, Cambodia, Cameroun, Central African Republic, Chad, Congo (Brazzaville), Congo (Léopoldville), Costa Rica, Cyprus, Dahomey, Gabon, Haiti, Honduras, Iceland, Jordan, Laos, Liberia, Libya, Mali, Nepal, Nicaragua, Niger, Panama, Paraguay, Somalia, Togo, Upper Volta, Yemen. Five were rated at 0.05%: Dominican Republic, El Salvador, Guatemala, Lebanon, Tunisia; and eight at 0.06%: Afghanistan, Ecuador, Ethiopia, Ivory Coast, Malagasy, Saudi Arabia, Senegal, Sudan. Banging from 0.07 to 0.32% in order were: Ghana, Burma, Iraq, Ceylon, Peru, Uruguay, Israel, Morocco, Bulgaria (0.16%), Thailand, Viet-Nam, Malaya, Iran, Korea, Greece, Cuba, Chile, Colombia, United Arab Republic (0.32%). These 61 are charged with 5.23% of the budget. The Organization for Economic Cooperation and Development members, including Iceland (0.04%) and Luxembourg (0.06%), account for 66.94% of the budget, the United States alone paying 32.51%.

97 60 Stat. 1401 ; T.I.A.S., No. 1501 ; 2 U.N. Treaty Series 39. The U. S. Government is the depository of the agreement.

98 60 Stat. 1440 ; T.I.A.S., No. 1502 ; 2 U.N. Treaty Series 134. The U. S. Government is the depository of the agreement.

99 T.I.A.S., No. 3620; 7 U. S. Treaties 2197; 264 U.N. Treaty Series 117. Res. 824 (IX) of the General Assembly further defined the objectives of the corporation. General Assembly, 9th Secs., Official Records, Supp. No. 21 (A/2890), p. 12.

100 Members of the Bank not members of the Corporation on Sept. 1, 1960, were China, Korea, Morocco, Saudi Arabia, Tunisia, Uruguay, Viet-Nam, Yugoslavia.

101 T.I.A.S., No. 4607; H. Doc. 345, 86th Cong., 2d Sess., pp. 23-50. The International Development Association originated in S. Res. 264, 85th Cong., 2d Sess., introduced by Senator Mike Monroney, approved July 12, 1958. On a multilateral plane it is similar to the Development Loan Fund, Title II of the Mutual Security Act of 1954, approved Aug. 14, 1957, Public Law 85-141, sec. 6, 71 Stat. 355. At the annual meeting of the International Bank in October, 1958, the U. S. Governor (Secretary of the Treasury Robert B. Anderson) explored the matter with his colleagues, and in July, 1959, he submitted to the President of the Bank “guidelines” for study of the proposal as prepared by the National Advisory Council on International Monetary and Financial Problems. Report of the National Advisory Council, S. Doc. 45, 86th Cong., 1st Sess. The Articles of Agreement of Jan. 26, 1960, were submitted to Congress by the President on Feb. 18, 1960, with a special report of the National Advisory Council and a report of the Executive Directors of the Bank who drew up the agreement. H. Doc. 345, 86th Cong., 2d Sess.

102 The 17 members listed in Part I of the initial schedule of subscriptions are : Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Italy, Japan, Luxembourg, The Netherlands, Norway, Sweden, Union of South Africa, the United Kingdom and the United States.

103 T.I.A.S., No. 4397; H. Doc. 133, 86th Cong., 1st Sess., pp. 39-70, which also contains the Special Report of the National Advisory Council recounting the history of the project. It was not until the Economic Conference of the Organization of American States, Buenos Aires, Aug.-Sept., 1957, that the United States expressed a willingness to participate in the study of the formation of an inter-American financial institution.

104 General Assembly, 13th Sess., Official Records, Supp. No. 18 (A/4090), p. 11.

105 U.N. Special Fund, SF/L/28/Rev. 1, facts cited from pp. 13, 24, 56-59. This first Report of the Managing Director is of value in supplementing constituent Res. 1240 (XIII) by elucidating the organization of the Special Fund.

106 Sec. 2(c)(1) of the Mutual Security Act “declares it to be a primary objective and need of the United States ... to share these strivings by providing assistance.”

107 Res. 922(X), Nov. 2, 1955, General Assembly, 10th Sess., Official Records, Supp. 19, p. 10 (A/3116); Res. 1316-18 (XIII), Dec. 12, 1958, ibid., 13th Sess., Supp. 18, pp. 18-20 (A/4090).

108 Res. 1320(XIV), Dec. 5, 1959, ibid., 14th Sess., Supp. 16, p. 11 (A/4354).

109 The Statute of the Bank, 51 A.J.I.L. 939 (1957); 298 U.N. Treaty Series 120; 4 European Yearbook 587, provides that it “shall cooperate with all international organizations whose fields of activity are similar to its own.”

110 The territories are listed in Annex IV, 51 A.J.I.L. 939 (1957) ; 298 U.N. Treaty Series 118; 4 European Yearbook 587. Of them Cameroun, Ubangi-Shari (Central African Republic), Chad, Dahomey, Gabon, Ivory Coast, Madagascar (Malagasy Republic), Mali, Mauritania, Niger, Senegal, Sudan, Togo and Upper Volta are now independent of France, the Congo of Belgium and Somalia of Italy. All of these except Mauritania are Members of the United Nations, but not yet members of the International Bank for Reconstruction and Development or of the International Monetary Fund. The French dependencies are St. Pierre and Miquelon, Comoro Archipelago, Somaliland, New Caledonia, Settlements in Oceania, the Southern and Antarctic Territories. The trust territory of Euanda-Urundi is included by Belgium, and New Guinea by The Netherlands.

111 51 A.J.I.L. 950 (1957); 298 U.N. Treaty Series 157; 4 European Yearbook 587. For grants made through 1960, see Bulletin from the European Community, No. 42, pp. 1-2.

112 The “unit of account” of the European Community is 0.88867088 grams of fine gold, the value of the United States dollar.

113 1 Peaslee, International Governmental Organizations 317. The constitution was concluded by Australia, Canada, Ceylon, India, New Zealand, Pakistan and the United Kingdom, with the United States and Japan contributing members. Burma, Cambodia, Indonesia, Laos, Malaya, Nepal, Philippines, Thailand and Viet-Nam are recipient members, as are Australia and British territories in the area. It operates on a bilateral or joint basis. The Colombo Plan has trained over 15,000 persons in various technical skills.

114 Sec. 4 applies to other institutions as follows: International Finance Corporation Act, sec. 4, approved Aug. 11, 1955, 69 Stat. 669; 22 U.S.C. 282 b; Inter-American Development Bank Act, sec. 4, approved Aug. 7, 1959, Public Law 86-147, 73 Stat. 299; International Development Association Act, sec. 4, approved June 30, 1960, Public Law 86-565, 74 Stat. 294.

115 The U. S. Executive Directors of the multilateral institutions, the Managing Director of the United States Development Loan Fund and representatives of the Bureau of the Budget and the Department of Agriculture participate in the work of the Council.

116 The report under Sec. 4(b)(5) for July-Dec. 1959 is House Doc. 37, 87th Cong., 1st Sese. These reports include loan transactions derived from the sale of agricultural surpluses under Public Law 83-480, the Agricultural Trade Development and Assistance Act of 1954, as amended, 7 U.S.C., sec. 1704; Executive Order No. 10560, 19 Fed. Reg. 5927, as amended.

117 These reports cover biennial periods, the first of which ended March 31, 1948. The report for the period ending March 31, 1958, is House Doc. 42, 86th Cong., 1st Sess.

118 Part IV of message on Foreign Aid, H. Doc. 117, 87th Cong., 1st Sess. See also Senate bill 1983, 87th Cong., and hearings thereon.