citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens, or copyright protection, substantially equal to the protection secured to such foreign author under this title or by treaty; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States may, at its pleasure, become a party thereto.

"The existence of the reciprocal conditions aforesaid shall be determined by the President of the United States, by proclamation made from time to time, as the purposes of this title may require: Provided, That whenever the President shall find that the authors, copyright owners, or proprietors of works first produced or published abroad and subject to copyright or to renewal of copyright under the laws of the United States, including works subject to ad interim copyright, are or may have been temporarily unable to comply with the conditions and formalities prescribed with respect to such works by the copyright laws of the United States, because of the disruption or suspension of facilities essential for such compliance, he may by proclamation grant such extension of time as he may deem appropriate for the fulfillment of such conditions or formalities by authors, copyright owners, or proprietors who are citizens of the United States or who are nationals of countries which accord substantially equal treatment in this respect to authors, copyright owners, or proprietors who are citizens of the United States: Provided further, That on liability shall attach under this title for lawful uses made or acts done prior to the effective date of such proclamation in connection with such works, or in respect to the continuance for one year subsequent to such date of any business undertaking or enterprise lawfully undertaken prior to such date involving expenditure or contractual obligation in connection with the exploitation, production, reproduction, circulation, or performance of any such work.

"The President may at any time terminate any proclamation authorized herein or any part thereof or suspend or extend its operation for such period or periods of time as in his judgment the interests of the United States may require.”

*

Pursuant to this statutory authorization, the President has issued proclamations since World War II with respect to the following countries; Australia, Austria, Brazil, Denmark, Finland, France, Germany, India, Israel, Italy, Japan, Monaco, New Zealand, the Philippines, and the United Kingdom. Further details concerning these proclamations are to be found in the enclosed photocopies of a list taken from TREATIES IN FORCE ON JANUARY 1, 1972 and of a table which appeared in the ANNUAL REPORT OF THE LIBRARIAN OF CONGRESS FOR THE FISCAL YEAR ENDING JUNE 30, 1968. We also enclose a copy of the most recent such proclamation. If we may be of further assistance please let us know. Sincerely yours,

L. QUINCY MUMFORD,
Librarian of Congress.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION,
OFFICE OF THE ADMINISTRATOR,
Washington, D.C., April 10, 1972.

Hon. SAM J. ERVIN, JR.

Chairman, Subcommittee on Separation of Powers, Committee on the Judiciary, U.S. Senate, Washington, D.C.

DEAR MR. CHAIRMAN: In response to your March 30 request, I am enclosing a list of Intergovernmental Executive Agreements, concluded on behalf of the U.S. Government by the Department of State, in which the National Aeronautics and Space Administration has participated. The purpose of each agreement is also shown on the list.

The authority for these agreements rests in the National Aeronautics and Space Act of 1958 which provides, in Section 205, that NASA "may engage in a program of international cooperation in work done pursuant to this Act, and in the peaceful application of the results, thereof, pursuant to agreements made by the President with the advice and consent of the Senate."

On July 29, 1958, at the time the President signed the Act, he stated publicly with reference to section 205, “I regard this section merely as recognizing that international treaties may be made in this field, and as not precluding, in appropriate cases, less formal arrangements for cooperation. To construe the section otherwise would raise substantial Constitutional questions." In the case of each of the agreements shown on the attached list, a determination has been made by the Department of State that submission to the Senate for advice and consent is not required.

We regularly report on and provide copies of agreements, including Memoranda of Understanding and other international arrangements, in which NASA has participated to the Senate Committee on Aeronautical and Space Sciences and to the House Committee on Science and Astronautics.

I trust that you will find this information useful in preparing for your hearings.

Canada.

To provide for sounding rocket project.

To provide for testing of experimental communications satellites.

To provide for Brazilian participation in remote sensing project.

To provide for extension of Sept. 10, 1968 agreement.

Joint upper atmosphere research facili- June 14, 1960 To provide for sounding rocket projects.
ties at Fort Churchill, Manitoba (TIAS
4524).

Tracking stations (TIAS 4564).

Aug. 24, 1960

Meteorological satellite system (TIAS
5260).

Dec. 28, 1962

European Space

Research

Organization (ESRO).

To provide tracking and data station.
To provide station for meteorological
satellite system.

To provide for testing of experimental
communications satellites.

To provide for cooperative ionospheric
satellite projects.

To supersede June 14, 1960 agreement.
To provide for sounding rocket project.

To provide for the augmentor wing flight
test program.

To provide for sounding for rocket projects To provide for Canadian participation in remote sensing project.

To provide tracking and data station.

To provide for tracking and data station. To provide for testing of experimental communications satellites.

To provide for tracking and data station. To provide for extension of Feb. 24, 1960 agreement.

Satellite telemetry telecommand station Nov. 28, 1966 To provide for ESRO tracking and data near Fairbanks, Alaska (TIAS 6160).

station in Alaska.

Satellite telemetry telecommand station Feb. 23, 1972 To provide for extension of Nov. 28, 1966 near Fairbanks, Alaska (TIAS 7280).

agreement.

Experimental communications satellites Sept. 29, 1961 To provide for testing of experimental (TIAS 4885).

Experimental communications satellites Nov. 6, 1962 To provide for testing of experimental

Space research programs (TIAS 5783). Feb. 27, 1965 To provide for Mexican participation in

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES,
Washington, D.C., April 5, 1972.

Hon. SAM J. ERVIN, JR.

Chairman, Subcommittee on Separation of Powers, U.S. Senate, Washington, D.C.

DEAR SENATOR ERVIN: We are happy to respond to your letter of March 30, in which you requested a list of all executive agreements with foreign states entered into by this agency.

The National Foundation on the Arts and the Humanities has entered into no agreements of any nature with a foreign state-nor do we anticipate doing so in the foreseeable future.

Sincerely,

Hon. SAM J. ERVIN, JR.,

P. P. BERMA, Director of Administration.

EXECUTIVE OFFICE OF THE PRESIDENT,
OFFICE OF EMERGENCY PREPAREDNESS,
Washington, D.C., April 13, 1972.

Chairman, Subcommittee on Separation of Powers, Committee on the Judiciary, U.S. Senate, Washington, D.C.

DEAR SENATOR ERVIN: This is in response to your inquiry of March 30, 1972 concerning executive agreements between U.S. government agencies and foreign states.

The Office of Emergency Preparedness has not entered into such agreements with any foreign state or agencies of a foreign state. However, OEP initiated the drafting and participated in the negotiation of the following governmentto-government agreements:

Agreement Between the United States and Canada on Civil Emergency Planning (effected by Exchange of Notes signed at Ottawa, August 8, 1967 -TIAS 6325);

Agreement Between the United States of America and Mexico on Disaster Assistance (effected by Exchange of Notes signed at Washington, May 3, 1968-TIAS 6481).

If the Subcommittee on Separation of Powers wishes amplifying details concerning OEP's activities resulting from these agreements, we are prepared to provide them at your convenience.

Sincerely,

G. A. LINCOLN, Director.

EXECUTIVE OFFICE OF THE PRESIDENT,
OFFICE OF MANAGEMENT AND BUDGET,
Washington, D.C., April 8, 1972.

Hon. SAM J. ERVIN, JR.,

Chairman, Subcommittee on Separation of Powers, Committee on the Judiciary, U.S. Senate, Washington, D.C.

DEAR MR. CHAIRMAN: I have your letter of March 30, 1972, in which you request a list of executive agreements in which the Office of Management and Budget has participated since World War II.

The Office of Management and Budget (and its predecessor agency, the Bureau of the Budget) has not entered into any executive agreements since World War II.

Sincerely,

FRANK C. CARLUCCI,
Associate Director
(For Director).

OFFICE OF THE SPECIAL REPRESENTATIVE FOR TRADE NEGOTIATIONS,
EXECUTIVE OFFICE OF THE PRESIDENT,

Hon. SAM J. ERWIN, JR.,

Washington, D.C., April 7, 1972.

Chairman, Subcommittee on Separation of Powers,

U.S. Senate,

Washington, D.C.

DEAR SENATOR ERVIN: This is in response to your letter of March 30, 1972, requesting a list of the executive agreements in which this Office has participated since its organization in 1963.

Over the years this Office has been involved in interagency discussions with respect to the substantive content of certain executive agreements which are not included in the enclosed list. The enclosed list includes only those executive agreements in the negotiation and conclusion of which this Office participated.

In addition to executive agreements described in the enclosed list, this Office has from time to time participated in discussions and negotiations under Articles XIX and XXVIII of the General Agreement on Tariffs and Trade (GATT) with respect to tariff compensation owed to the United States or owed by the United States to foreign countries as a result of emergency action on imports of schedules. Changes in GATT schedules resulting from such negotiations are recorded in certifications relating to rectifications and modifications of the GATT schedules, which are published in Treaties and Other International Acts Series ("TIAS").

Finally, mention should be made of the 1967 Agreement relating principally to Chemicals, supplementary to the Geneva (1967) Protocol to the GATT, and an Agreement concluded in 1967 between the United States and Japan relating to certain canned clams and wool knit gloves. These agreements were negotiated on an ad referendum basis and they have not been implemented by Congress. Therefore, they are not included in the attached list of executive agreements.

Let me assure you of our willingness to cooperate with your Committee to the fullest possible extent. To this end, please let me know if we can supply any additional information.

Sincerely,

W. D. EBERLE, Special Representative.

OFFICE OF THE SPECIAL REPRESENTATIVE FOR TRADE NEGOTIATIONS,

EXECUTIVE OFFICE OF THE PRESIDENT,

Washington, D.C., April 7, 1972.

EXECUTIVE AGREEMENTS IN WHICH THIS OFFICE PARTICIPATED, 1963-1972

1. Protocol Amending the General Agreement on Tariffs and Trade to Introduce a Part IV on Trade and Development, 1965 (regarding the less-developed contrasting parties) (TIAS 6139)

Authority: Title II of the Trade Expansion Act of 1962, (P.L. 87-794, October 11, 1962, 76 Stat. 872)

2. Geneva (1967) Protocol to the General Agreement on Tariffs and Trade, 1967 (the "Kennedy Round" of tariff negotiations) (TIAS 6425)

Authority: Title II of the Trade Expansion Act of 1962, (P.L. 87-794, October 11, 1962, 76 Stat. 872)

3. Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade, 1967 (the "International Antidumping Code") (TIAS 6431) Authority: U.S. Constitution, Art. II, Sec. 1 ("executive Power")

4. Memorandum of Agreement on Basic Elements for the Negotiation of a World Grains Arrangement, 1967