Hon. SAM J. ERVIN, JR., U.S. GOVERNMENT, SMALL BUSINESS ADMINISTRATION, Washington, D.C., April 5, 1972. Chairman, Subcommittee on Separation of Powers, Committee on the Judiciary, U.S. Senate, Washington, D.C. DEAR SENATOR ERVIN: This will reply to your letter of March 30, 1972, concerning the study of executive agreements with foreign states being conducted by the Subcommittee on Separation of Powers. The Small Business Administration has not entered into any such agreements. Sincerely, THOMAS S. KLEPPE, Hon. SAM J. ERVIN, JR. WASHINGTON, D.C., May 16, 1972. Chairman, Subcommittee on Separation of Powers, Committee on the Judiciary, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: Thank you for your letter requesting information regarding agreements entered into by Government agencies with foreign states. The Smithsonian is a unique instrumentality created by Act of Congress in 1846 to implement the trust obligations for the United States to administer the bequest of James Smithson "for the increase and diffusion of knowledge among men." (20 U.S.C. §41 et seq). The entire management of the Institution rests with an independent Board of Regents, with members drawn from the three branches of the government as well as the general public. In accordance with its mandate, the Smithsonian conducts scientific research on a world-wide basis. Two of its principal international activities are the Smithsonian Astrophysical Observatory (SAO), and the Special Foreign Currency Program, administering counterpart funds annually appropriated to the Smithsonian by the Congress. These counterpart funds are used for research projects in the field of archeology and related disciplines, systematic and environmental biology, astrophysics and earth sciences, and museum programs. In the course of its activities, SAO has entered into a series of agreements with agencies of foreign governments regarding the operation of satellite tracking stations. In connection with the Special Foreign Currency Program, the Smithsonian has entered into an agreement with an agency of the Yugoslav Government, the Federal Administration for International Technical Cooperation; this agreement governs the conduct of research projects within Yugoslavia. There is a similar understanding with the Government of Tunisia, which was not accomplished directly by the Smithsonian but through an exchange of notes between the United States Embassy in Tunisia and the Tunisian Ministry of Foreign Affairs. I have attached a listing of these agreements. We would, of course, be happy to supply the full text of these documents if that would be useful to your Subcommittee. Sincerely yours, S. DILLON RIPLEY, Secretary. LIST OF AGREEMENTS BETWEEN THE SMITHSONIAN INSTITUTION AND AGENCIES OF FOREIGN GOVERNMENTS (1) Agreements Relative to SAO Satellite Tracking Program Argentina... Exchange of letters U.S. Embassy-Ministry of Foreign Australia Brazil... France.. Greece.. India... Italy.... Japan... South Africa... Spain. Junisia Cooperating agency agreement between NASA and Department of Supply (DOS), dated February 18, 1966, designating Smithsonian to operate STP station. This agreement is covered by country to country agreement (See Document No. 44, 89th Cong., 1st sess., Senate, pp. 21-26). SAO-Comissão Nacional de Ativitades Espaciais for SAO/Centre National de la Recherche Scientifique and SAO/National Technical University, Athens, agreement, SI/Uttar Pradesh State Observatory, Naini Tal, agree- SI/Tokyo Astronomical Observatory agreement, dated SI/National University of San Augustin, Arequipa, agree- Exchange of letters External Affairs-U.S. Embassy, de Marina, San Fernando, dated August 31, 1959, for operation of (2) Agreements Relative to Special Foreign Currency Program 'ugoslavia... Government of the United States/Government of Tunisia SI/Federal Administration for International Technical EXECUTIVE OFFICE OF THE PRESIDENT, SPECIAL ACTION OFFICE FOR DRUG ABUSE PREVENTION, Washington, D.C., March 31, 1972. on. SAM J. ERVIN, JR., rairman, Subcommittee on Separation of Powers, Committee on the Judiciary Washington, D.C. DEAR MR. CHAIRMAN: Thank you for your letter of March 30, 1972, in rerd to executive agreements into which the Special Action Office has entered th foreign states since World War II. Inasmuch as the Office was just established under P.L. 92-255 on March 1972, no such agreements have as yet been undertaken. Sincerely, JOHN K. MEAGHER, Director, Congressional Relations. U.S. TARIFF COMMISSION, Hon. SAM J. ERVIN, JR. Chairman, Subcommittee on Separation of Powers, Washington, D.C. 20510 DEAR SENATOR ERVIN: I have your letter of March 20, 1972, regarding your Subcommittee's present examination of executive-legislative relations in foreign affairs with special emphasis on executive agreements. You ask for a report listing all executive agreements, since World War II, in which the Tariff Commission has participated, along with the purpose of and authority for the agreements. In the period since World War II the Tariff Commission has provided varying degrees of fact finding and technical assistance in connection with the negotiation of and operations under the following executive agreements: (1) The multinational agreement, known as the General Agreement on Tariffs and Trade (GATT). Six major rounds of multinational negotiations were concluded in the period 1947-1967; and a number of sessions were held for the accession of new contracting parties, most important of which, from the United States' point of view, perhaps being that with respect to the accession of Japan in 1955. These negotiationsh were conducted under authority of section 350 of the Tariff Act of 1930 (the Trade Agreements Act of 1934, as amended and extended; 19 U.S.C. 1351) until 1962 when that authority was supplanted by the provisions of the Trade Expansion Act of 1962 (19 U.S.C. 1821 et seq.). The purpose of the trade-agreements program, as set forth in the 1934 Act, was to stimulate the economic growth of the United States by expanding foreign markets for the nation's products. In the case of the 1962 Act, additional purposes were to strengthen economic relations in the free world and to prevent communist economic penetration in the free world. (2) The agreement between the United States and the Republic of the Philippines concerning trade and related matters. The Philippine Trade Act of 1946, as amended by the Philippine Trade Agreement Revision Act of 1955 (22 U.S.C. 1371-1379), authorized this agreement, which, in substance, provides for the granting of preferential tariff treatment to products of the Republic of the Philippines during the period 1946 to 1974. The purposes of this agreement are the strengthening of the economy of the Philippines and the maintenance of close economic ties between the United States and the Philippines. (3) The Long Term Arrangement Regarding International Trade in Cotton Textiles, negotiated in February 1962 under authority of section 204 of the Agricultural Adjustment Act of 1956, as amended (7 U.S.C. 1854). The purpose of this agreement is to provide a means for dealing with market disruption in international trade in cotton textiles by establishing a basis for imposing quantitative limits on such cotton textiles. (4) The United States-Canadian Automotive Agreement, concluded January 16, 1965. The implementation of this agreement by Presidential Proclamation was authorized by the Automotive Products Trade Act of 1965, approved October 21, 1965 (19 U.S.C. 2001 et seq.). The purposes of the agreement (1) the creation of a broader market for automotive products within which the full benefits of specialization and large scale production could be achieved; (2) the liberalization of United States and Canadian automotive trade in respect to tariff barriers and other factors tending to impede it, with a view of enabling the industries of both countries to participate on a fair and equitable basis in the expanding total market of the two countries; and (3) the development of conditions in which market forces may operate effectively to obtain the most economic pattern of investment, production and trade. (5) Agreement Relating Principally to Chemicals, Supplementary to the Geneva (1967) Protocol to the General Agreement on Tariffs and Trade (GATT). This agreement has not been implemented and there is no current delegated authority under which the President could implement it. The President sought such authority as part of the Trade Act of 1969 which was introduced in the House of Representatives as H.R. 14870, 91st Congress. The Congress gave consideration to this proposal in various bills relating to the "Trade Act of 1970". but no legislation was enacted for this purpose, nor has any such legislation been enacted to date. The purpose of the Supplemental Agreement was the desire of the contracting parties thereto to exchange "further tariff and other concessions under the General Agreement on Tariffs and Trade *** additional to those under the Geneva (1967) Protocol to the General Agreement principally with respect to chemicals". (6) The International Antidumping Code signed at Geneva on June 30, 1967, as part of the Kennedy Round. Insofar as the United States is concerned, the code went into effect on July 1, 1968. The President has taken no formal action, by Proclamation or otherwise, to domestically implement the Code, stating that such action was not necessary. The purpose of the Code in substance was "to interpret the provisions of Article VI of the General Agreement [which deals with dumping in international trade] and to elaborate rules for their application in order to provide greater uniformity and certainty in their implementation". In addition to the foregoing, there have been numerous subordinate consultations and negotiations within the framework of the GATT and of the various bilateral trade agreements to which the United States has been a party in connection with which the Tariff Commission has furnished fact finding and technical assistance to the President. These matters include, among other things, sessions relating to the adoption in 1963 by the United States of new tariff provisions known as the Tariff Schedules of the United States and various other activities related to actions by the United States under the escape clause and other provisions of trade agreements. If we can be of further assistance, please let us know. CATHERINE BEDELL, Chairman. USAEC PARTICIPATION-U.S. EXECUTIVE AGREEMENTS I. AGREEMENTS FOR COOPERATION IN THE CIVIL USES OF ATOMIC ENERGY Purpose. Establish basis for cooperative activities, permit the export of certain equipment and of special nuclear material, and provide for safeguards to ensure the peaceful uses of such exported items. Authority.-Atomic Energy Act of 1954, as amended. A. Research level applications, including fueling of research reactors: China, Rep. of (TIAS 3307, 4176, 4514, 5105, 5623, 6099). Colombia (TIAS 3308, 5330, 6943). Costa Rica (TIAS 4682). Cuba (TIAS 3911). Denmark (TIAS 3309, 3758, 4093, 6538). Dominion Republic (TIAS 3711). Ecuador (TIAS 3983). Germany, Federal Republic (TIAS 3543, 3765; F.R.G. on behalf of W. Berlin (TIAS 3874, 5109). Greece (TIAS 3310, 4837, 5250, 5251, 6478, 6853). Guatemala (TIAS 3802). Indonesia (TIAS 4557, 6124, 7001). Iran (TIAS 4207, 6219, 6726). Ireland (TIAS 4059, 4690, 5511, 6532). Israel (TIAS 3311, 4407, 4507, 5079, 5723, 5909, 6091). Italy (TIAS 3312). Japan (TIAS 3465). Korea (TIAS 3490, 4030, 5957). Lebanon (TIAS 3313). Netherlands (TIAS 3461). New Zealand (TIAS 3626, 4526). Nicaragua (TIAS 3998). Pakistan (TIAS 3315). Panama (TIAS 5370). Peru (TIAS 3483). Philippines (TIAS 3316, 4515, 5677, 6119). Portugal (TIAS 3317, 3899, 4519, 5111, 5679, 6717). Spain (TIAS 3318). Sweden (TIAS 3477, 3775, 4035, 5143). Switzerland (TIAS 3319). Thailand (TIAS 3522, 3842, 4533, 5122, 5765). Turkey (TIAS 3320, 4748, 5828, 6040, 7122). United Kingdom (TIAS 3321, 3359, 3608, 5397, 5693, 5829, 6050, 6966). Uruguay (TIAS 3476). Venezuela (TIAS 3323). Viet Nam (TIAS 4251, 5622). B. Research and power applications, including fueling of research and power reactors: Argentina (TIAS 5125, 5660, 6721). Australia (TIAS 3830, 4687, 6250). Austria (TIAS 6815). Belgium (TIAS 3301, 3738, 4317, 5454). Canada (TIAS 3304, 3771, 4518, 5102). Finland (TIAS 6896). France (TIAS 3689, 3883, 4319, 4694, 5128, 5644). Germany, Federal Republic (TIAS 3877, 4314, 5120). Italy (TIAS 4016, 4689). Japan (TIAS 4133, 4172, 5553, 6517). Netherlands (TIAS 3876, 4339). Norway (TIAS 3836, 6260, 6849). Philippines (TIAS 6522). South Africa (TIAS 3885, 5129, 6312). Spain (TIAS 3988, 5990). Sweden (TIAS 6076, 7000). Switzerland (TIAS 3745, 4236, 4618, 6059). Venezuela (TIAS 4416, 6945). C. Power applications, including fueling power reactors: United Kingdom (TIAS 6046). D. Civil uses Agreements for Cooperation with international organizations. 1. EURATOM-Agreement for cooperative intent (TIAS 4091); Joint Program for research and development, including fueling of power-producing reactors (TIAS 4173, 5103); Additional Agreement for use of special nuclear material-power reactor and fuel reprocessing facilities (TIAS 4650, 5104, 5444). Authority. In addition to the 1954 Atomic Energy Act, the EURATOM Cooperation Act of 1958. 2. International Atomic Energy Agency-Agreement providing for the U.S. making special nuclear material and equipment available to the Agency-an enabling agreement in support of the varied program of the IAEA in the peaceful uses of atomic energy (TIAS 4291). Authority. In addition to the 1954 Atomic Energy Act, the IAEA Participation Act of 1957 and the Statute of the IAEA. II. SAFEGUARDS A. Trilateral safeguards transfer agreements among the U.S., a “civil uses” agreement country, and the International Atomic Energy Agency. Purpose.-Provides for the application of IAEA safeguards to materials and equipment transferred from the U.S. under the civil uses Agreement for Cooperation. Authority.-Atomic Energy Act of 1954, as amended, and IAEA Statute. Australia (TIAS 6117). Austria (TIAS 5914, 6816). Brazil (TIAS 6583). China, Rep. of (TIAS 5882, 7228). Colombia (TIAS 7010). Note: The italicized TIAS numbers represent agreements in effect. |