611.9194/12–2854: Telegram
The Secretary of State to the Embassy in India1
confidential
niact
niact
Washington, December 28, 1954—7:40
p.m.
818. Assumption re technician Embtel 8822 correct. Following numbers refer to numbered paragraphs 882.
- 1.
- Substitute “without delay” for “promptly” at end of third paragraph aide-mémoire.
- 2.
- Replace period at end of third paragraph aide-mémoire by comma and add “utilizing in such consultations the traffic experience derived from operations at the level of service existing at the time the notice of proposed increase was given.”
- 3.
- Believe Article 9 sufficiently clear to indicate possibility unilateral action in case agreement not reached in consultation. Propose Embassy give draft aide-mémoire to Indians without further elaboration re permissive unilateral action. Extremely important to U.S. not to refer in this document (which although confidential may be made available to other governments, either directly or indirectly) to unilateral action. Therefore only as last resort, upon extreme insistence of Indians, to save U.S. position, Embassy may delete “take action under Article 9” at end forth paragraph and replace with “impose appropriate conditions in accordance with Article 9.”
- 4.
- Add to end final paragraph “The existing schedules may continue during such consultation until the two governments reach agreement concerning their disposition or, in the event that the consultation is terminated without agreement, until action is taken under Article 9 [Page 1812] by the government objecting to them.” Under same conditions as 3 above, if this language is unacceptable to the Indians replace the words “action is taken under” with “conditions are imposed in accordance with.”
Dulles