710.Consultation (2)A/51

The Director General of the Pan American Union (Rowe) to the Secretary of State

My Dear Mr. Secretary: I beg to send you herewith a copy of the resolution on the Inter-American Commission for Territorial Administration, approved by the Governing Board of the Pan American Union at the session held on April 6, 1942.

The Government of the United States has already ratified the Convention on the Provisional Administration of European Colonies and Possessions in the Americas, and has designated its representative on the Inter-American Commission for Territorial Administration. For your information, however, I am attaching hereto a statement12 on the present status of the Convention.

I beg to remain [etc.]

L. S. Rowe
[Enclosure]

Resolution on the Inter-American Commission for Territorial Administration Approved by the Governing Board of the Pan American Union at the Session Held on April 6, 1942

The Second Meeting of the Ministers of Foreign Affairs of the American Republics held at Habana in July 1940 adopted the “Act of Habana” concerning the Provisional Administration of European Colonies and Possessions in the Americas. At the same time there was signed the “Convention on the Provisional Administration of European Colonies and Possessions in the Americas”, to come into effect when two-thirds of the American Republics should have deposited their respective instruments of ratification.

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The Act of Havana created an Emergency Committee, composed of one representative of each of the American Republics. It was further stipulated that the powers and functions of this Emergency Committee should be transferred to the “Inter-American Commission for Territorial Administration” as soon as the Convention should come into effect.

The Convention has been ratified and the respective instruments of ratification deposited by fourteen, or two-thirds of the signatory Governments and consequently has become effective. While it is clear that the authority and functions of the Emergency Committee, set up under the Act of Habana, shall be transferred to the Inter-American Commission for Territorial Administration provided for in the Convention, it is not clear whether the members appointed to serve on the Emergency Committee also shall be considered as members of the Commission for Territorial Administration.

With a view to clarifying the question thus presented it is recommended that the following interpretation and resolution be adopted by the Governing Board:

1.
That until the respective Governments shall communicate to the Pan American Union the name of another representative, the member designated to serve on the Emergency Committee created by the Act of Habana shall be considered to be a member of the Inter-American Commission for Territorial Administration.
2.
That the Governments which have ratified the Convention, but have not named a representative on the Emergency Committee or the Inter-American Commission for Territorial Administration, be urged to designate their member on the latter Commission as soon as possible.
3.
That those Governments that have not yet ratified the Convention on the Provisional Administration of European Colonies and Possessions in the Americas be urged to give early consideration to such ratification.
4.
That the representatives of those Governments that have not yet ratified the Convention but have appointed members on the Emergency Committee, be considered as eligible to attend any meetings that may be held by the Inter-American Commission for Territorial Administration pending ratification of the Convention by their respective Governments.
5.
That the Government which desires to convene the Commission, as provided for in the Convention, shall communicate this desire to the Pan American Union, indicating the city in which the meeting is to be held, and the Union shall notify the members of the Commission and shall inform all the other States, parties to the Convention.

  1. Not printed.