460.509/12–551: Telegram
The Acting Secretary of State to the Embassy in France 1
priority
3357. Excon. Verbatim text. On Thur and Fri2 of this week Dept will be informing Missions here of all countries receiving aid of requirements of Battle Act and transmitting to them on a classified basis both Title I lists and Title II short list. Fol is text (unessential words omitted) of aide-mémoire to be given all COCOM countries:
- “On Oct 26, 1951 MDAC Act of 1951 was enacted. Act establishes it as policy of US to terminate all mil, econ, or finan assistance to any nation that knowingly permits shipment of certain stated categories of strategic commodities to any nation or combination of nations threatening security of U.S., including Union of Soviet Socialist Republics and all countries under its domination. Effective same date, the Act repealed Kem Amendment and Section 117(d) of Foreign Assistance Act of 1948, as amended.
- In accordance with provisions of Title I of Act, Administrator under Act determined on Nov 25 list of items, known as Category A of Title I, which are to be considered ‘arms, ammunition, and implements of war and atomic energy materials’ for purposes of Act. A copy of list of Category A items, which has today been made available to you on a confidential basis, will be released publicly in near future. With respect to items included on this list, Act makes termination of all mil, econ, or finan assistance mandatory if a country after Jan 24, 1952 knowingly permits shipment of any of these items to USSR or countries under its domination.
- In addition to above-named items, Administrator determined on Nov 25 a further list of items, known as Category B, which are for purposes of Title I of Act ‘petroleum, transportation materials of strategic value, and those items of primary strategic significance used in production of arms, ammunition, and implements of war.’ A copy of this list of Category B items has been made available to you in a detailed secret version and in a generalized confidential version. Consideration is being given to the question of whether or not it will be necessary later to publish either or both of these versions. Act requires Administrator to recommend to President termination of assistance to any country which after Jan 24, 1952 knowingly permits shipment to a Sovbloc country of any item included in this list. Under Act President may direct continuance of assistance when unusual circumstances indicate that cessation of aid wld clearly be detrimental to security of US. Such exceptions by President must be reported immed to appropriate comites of Cong together with reasons why such action necessary. The US Govt will seek advice of COCOM re merits of any proposed exception on behalf of a COCOM country and will give fullest possible weight to such advice. At same time, it is, of course, clear that US cannot be bound by such advice.
- With regard to aforementioned lists, Govt of US requests that prior to Jan 24, and preferably by Jan 1, it be informed of measures which [Page 1222] your Govt will take to apply an embargo on shipments of items appearing on lists A and B from area under its jurisdiction to Sovbloc.
- Title II of MDAC Act requires US to negot arrangements by which countries receiving assistance undertake a program of controlling exports to Sovbloc destinations of other items which, in judgment of Administrator, shld be controlled in interest of security. Administrator has designated certain items under Title II which this Govt believes it is particularly important to control. A list of these items has been made available to you on a secret basis. In accordance with provisions of Title II of Act, Govt of the US at a future date will wish to discuss with your Govt arrangements for controlling exports to Sovbloc of these items and of other items falling under Title II.
- A list of countries and territories which are deemed for purposes of this Act to comprise ‘the Union of Soviet Socialist Republics and all countries under its domination’ is appended hereto.
- Fol paras are excerpted from a confidential ltr which has been sent by the Administrator to certain Cong comites: (Excerpts too long to tele and not necessary for statement to COCOM).”
Suggest you inform COCOM at earliest date possible, basing statement on points contained aide-mémoire. In addition, you may wish point out close similarity between Battle Act lists and Internatl Lists and reiterate US Govt position that in reaching determinations on exceptions COCOM views will be taken into acct. Question of info required on current basis and procedure for handling exceptions still under discussion and no guidance can be given these points at this time.
Lists and other relevant material sent air mail.
Exception to procedure in para 1 is FedRep which will be informed by HICOG in Bonn rather than by Dept in Wash.