vention, pass legislation providing severe penalties for violators of the statutes of the present convention. Article 4. The present convention shall be of indefinite duration. Article 5. The present convention shall be open for the adhesion of any State whether a Member or non-member of the United Nations. Article 6. The present convention shall come into force after its approval by the Security Council and after the ratification and delivery of ratification documents to the Secretary-General for safe keeping by one half of the signatory States, including all the Member States of the United Nations named in Article 23 of the Charter of the Organization. Article 7. After the entry into force of the present convention it shall be binding on all States whether Members or non-members of the United Nations. Article 8. The present convention, of which the Russian, Chinese, French, English and Spanish texts shall be authentic, is drawn up in one copy and shall be kept in the archives of the Secretary-General of the United Nations. The Secretary-General shall communicate certified copies to all the parties to the convention. I will read the text of the second proposal. CONCERNING THE ORGANIZATION OF THE WORK OF THE ATOMIC ENERGY COMMISSION In accordance with the resolution of the General Assembly of 24 January 1946 regarding the establishment of a commission to deal with problems raised by the discovery of atomic energy and other related matters, and in particular with article 5 of the said resolution. relating to the terms of reference of the Commission, the Soviet delegation deems it necessary to propose the following plan of organization of the work of the Commission for the initial stage of its activity. 1. ESTABLISHMENT OF COMMITTEES OF THE COMMISSION In pursuance of the aim indicated in the resolution of the General Assembly "to proceed with the utmost despatch and inquire into all phases of the problems," it appears to be necessary to set up two committees which as auxiliary organs of the Commission would ensure a thorough examination of the problem of atomic energy and the elaboration of recommendations, which the Commission must make in fulfilment of the resolution of the General Assembly and other organs of the United Nations. It is proposed that the following committees should be set up: Committee for the exchange of scientific information This committee shall be set up for the purpose of carrying out the aims indicated in point (a) of item 5 of the resolution of the General Assembly of 24 January 1946. The tasks of the committee shall include the elaboration of recommendations concerning practical measures for organizing the exchange of information: (1) concerning the contents of scientific discoveries connected with the splitting of the atomic nucleus and other discoveries connected with obtaining and using atomic energy; 98756-50-70 (2) concerning the technology and the organization of techno- Committee for the prevention of the use of atomic energy to the detriment of mankind This committee shall be set up to carry out the aims set forth in points (b), (c) and (d) of item 5 of the resolution of the General Assembly. The task of the committee shall be to elaborate recommendations: (1) concerning the drafting of an international convention for outlawing weapons based on the use of atomic energy and prohibiting the production and use of such weapons and all other similar kinds of weapons capable of being used for mass destruction; (2) concerning the quest for and establishment of measures to prohibit the production of weapons based on the use of atomic energy and to prevent the use of atomic weapons and all other main kinds of weapons capable of being used for mass destruction; (3) concerning the measures, systems and organization of control over the use of atomic energy and over the observance of the terms of the above-mentioned international convention for the outlawing of atomic weapons; (4) concerning the elaboration of a system of sanctions to be applied against the unlawful use of atomic energy. II. COMPOSITION OF THE COMMITTEES Each committee shall be composed of one representative of each State represented in the Commission. Each representative may have assistants. III. RULES OF PROCEDURE OF THE COMMITTEES The rules of procedure of the committees shall be drawn up by the Commission. The proposal for the conclusion of a convention and the proposal for the organization of the work of the Commission are both capable of being put into practice at the present time. The convention would be a definite and important step towards the creation of an effective system of control over atomic energy. This measure would have an immense moral and political significance and would contribute to the strengthening of political stability in the world and of friendly relations between the peoples. The creation of the two committees that I have proposed, with the terms of reference laid down in the proposal, will mean the adoption of a concrete plan of work of the Commission for the initial stage of its activities, and at the same time, the adoption of the necessary organizational forms for carrying out its work which will facilitate the speedy preparation by the Commission of proposals concerning the wide exchange of scientific information, as well as concerning matters relating to the prevention of the use of atomic energy to the detriment of mankind. The activity of the Atomic Energy Commission can bring about the desired results only when it is in full conformity with the principles of the Charter of the United Nations which are laid down as the basis of the activity of the Security Council, because the Commission is an organ of this Organization, working under the instructions of the Security Council and responsible to the same. Attempts to undermine the principles, as established by the Charter, of the activity of the Security Council, including unanimity of the members of the Security Council in deciding questions of substance, are incompatible with the interests of the United Nations, who created the international organization for the preservation of peace and security. Such attempts must be rejected. I deemed it necessary to make this statement in order that, from the very beginning of the work of our Commission, I might make clear the position of the Soviet Government regarding the question of the character and basis of the work of the Commission, regarding the question of the recommendations to be prepared by it, and regarding the measures of control over atomic energy to be submitted to the Security Council. In conclusion I wish to say that in my present statement I set myself the task of emphasizing the extreme importance of the proposal for the conclusion of the above-mentioned convention prohibiting the prodution and employment of atomic weapons. The conclusion of such a convention would constitute an important practical step towards the fulfilment of the tasks that lie before the Commission. 237. UNITED STATES MEMORANDUM NO. 1, JULY 2, 19461 After giving careful consideration to the views expressed by the Chairman of our Sub-committee at its first meeting yesterday and to the comments of the other members of this Sub-committee, the American Delegation has concluded that the recommendations of the Chairman of our Sub-committee offer a sound and expeditious approach to the solution of our problems. Accordingly, the American Delegation concurs in and endorses them. In furtherance thereof, we submit this memorandum in the hope that it may aid the Sub-committee in conducting its deliberations and reaching its conclusions. The memorandum is an attempt to outline in logical sequence a number of the more important points upon which the Commission itself will undoubtedly desire the views of this Subcommittee. It does not purport to be complete. There will certainly be many additional points requiring this Sub-committee's consideration. A. The control and development of atomic energy must be international and should be entrusted to an agency which for present purposes is called the Atomic Development Authority. B. The Authority would be created by a treaty, which should include a form of charter for the Authority and some very important additional provisions. The International Contract of Atomic Energy: Growth of a Policy, Department of State Publicatior 2702, pp. 148-151. C. The preamble of the treaty should express the following principles: 1. The preservation of international peace and security in accordance with the purposes and principles stated in the Preamble and Chapter I of the Charter of the United Nations; 2. The safeguarding of all peoples against the use of atomic weapons; 3. The development and wide distribution of atomic energy and its by-products for purposes of raising the welfare and standard of life. of the peoples of the world and of contributing to their science and culture; and 4. The realization of these ends through international co-operation, through an international agency for the development and control of atomic energy, and through a system of international enforcement. D. The treaty should contain provisions: 1. Defining the relations between the Authority and the Security Council, the General Assembly, the International Court of Justice, and the other organs of the United Nations; 2. Defining the mutual rights and obligations of the several signatory States and the Authority, including the relations between the Authority and any atomic energy control agencies of the signatory States; 3. Governing the sequence and timing of the steps in the transition from the present conditions to the conditions which will prevail once the Authority is in effective control of atomic energy; 4. Specifying the time when and the conditions under which the national and private possession, manufacture, and use of atomic weapons shall be outlawed; 5. Defining the violations which shall constitute international crimes and specifying the sanctions to be employed for such violations; 6. Relating to signature, ratification, entry into force and amendment of the treaty; and 7. Concerning any necessary amendment of the charter of the United Nations. E. The charter of the Atomic Development Authority should state the following purposes of the Authority: 1. To prevent the possession, manufacture or use of atomic weapons for mass destruction; 2. To foster the beneficial, non-dangerous uses of atomic energy; 3. To have managerial control or ownership of all atomic energy activities potentially dangerous to world security; 4. To control, inspect, and license all other atomic energy activities, 5. To engage in atomic energy research and development; and 6. To assure that the benefits derived from such research and development shall be available to the peoples of all the signatory States so long as each State and its people support the Authority and observe their obligations under the treaty and charter. F. The charter should contain specific provisions governing topics under the following principal headings: 1. Functions and Powers of the Atomic Development Authority. Subject to application in the manner to be defined in the charter. the Authority should be granted the following powers: (a) To obtain and maintain complete and exclusive control or ownership of all uranium, thorium, and other material which may be a source of atomic energy wherever present in potentially dangerous quantities whether in raw material, byproduct, processed, or other form; (b) To conduct continuous investigations and surveys of sources of atomic energy throughout the world, in aid of the proper exercise of the foregoing and the Authority's other functions and powers; (c) To acquire, construct, own, and exclusively operate all facilities for the production of U-235, plutonium, and such other fissionable materials as may be specified by the Authority, and to maintain supplies of fissionable materials adequate to fulfill the purposes of the Authority; (d) To define and determine, in the manner set forth in the charter, any other facilities or activities in the field of atomic energy which would be dangerous unless controlled by the Authority, and to supervise and have complete managerial control of all such activities and facilities; (e) To have unhindered access to, and power to control, license, and inspect all other facilities which possess, utilize or produce materials which are a source of atomic energy, and all other activities which utilize or produce, or are capable of utilizing or producing, atomic energy; To have the exclusive right of research in the field of atomic explosives; (g) To foster and promote the non-dangerous use and wide distribution of atomic energy for beneficial purposes under licenses. or other suitable arrangements established by the Authority; and (h) Subject to the provisions of the treaty and charter, to have power to take other necessary action and to issue rules and regulations. 2. Composition, Organization, and Location of the Atomic Development Authority. (a) All signatory States to be members of the Authority. (b) Conditions upon which States not Members of the United Nations may become parties to the treaty. (c) The Authority to be organized to function continuously. (d) Governing Board. (1) Composition and qualifications. (2) Method of nomination and selection. (3) Terms of office. (4) Voting procedure. (6) Compensation. (e) Executive management. (1) Number and titles of executive officers. (2) Qualifications and method of selection. (3) Terms of office. (4) Powers and duties. (5) Compensation. Staff and consultants. (g) Subordinate boards, divisions, and other units. (h) Location of the Authority. G. Provisions for enforcement should be included in the treaty as follows: 1. Definitions of conduct constituting violations. |