SECTION III-PROPOSALS AND RECOMMENDATIONS ON THE INTERNATIONAL ORGAN OF CONTROL

I. FUNCTION OF THE CONTROL ORGAN

The function of the control organ will be to give effect to the census and verification measures concerning conventional armaments and effectives as set out in sections I and II, in accordance with the terms of the international agreement which will sanction the adoption of such measures and in compliance with the directives of the Security Council.

II. RELATIONSHIP OF THE CONTROL ORGAN TO THE OTHER ORGANS OF THE UNITED NATIONS

The control organ will be directly subordinated to the Security Council and will enjoy such relationships to the other organs of the United Nations as result therefrom.

III. STRUCTURE OF THE CONTROL ORGAN

The control organ will consist of: a central control authority, and inspectorate and a secretariat.

IV. THE CENTRAL CONTROL AUTHORITY

1. Function of the central control authority

The function of the authority will be to ensure the execution of the census and verification measures, including the following responsibilities:

(a) To interpret the terms of the international agreement concerning these measures and to settle any controversial issue arising therefrom;

(b) To direct the activities of the inspectorate; in particular to determine the organization of the inspectorate according to the specific problems raised by the verification of census reports from each State;

(c) To produce and distribute to Member States the standard forms of reports to be returned by Member States;

(d) To set dates for the submission of the reports;

(e) To submit to the Security Council, for publication, the reports of Member States, the findings of the inspectorate, and the conclusions of the authority;

(၃) To determine its own rules of prodecure, which should include the provision that decisions on all matters which require voting will be adopted by a simple majority;

(g) To determine the organization of the secretariat and to direct its activities so as to fulfil the needs of the authority and of the inspectorate.

2. Composition of the central control authority

The Member States represented in the authority will be those represented in the Security Council.

Each Member State will be represented by one delegate and one deputy delegate. These delegates may be assisted by technical advisers appointed by each Member State.

V. THE INSPECTORATE

1. Function of the inspectorate

The function of the inspectorate will be to carry out the verification measures in compliance with the directives of the authority, including the following responsibilities:

(a) To carry out checks and cross-checks of the appropriate documents, and inspection of bases, depots, and other installations, necessary for the verification of the personnel and materiel

census;

(b) To adapt verification methods to the specific problems raised in connexion with inspection in each State;

(c) To report immediately to the authority all discrepancies found and to carry out all additional cross-checks which may be

necessary;

(d) To report to the authority any disagreement which may arise during the course of inspection;

(e) To report its findings to the authority upon the completion of the verification.

2. Composition of the inspectorate

The authority will designate members of the inspectorate by means of selection from lists submitted by each Member State.

This designation should be set up so as to afford the inspectorate a broadly international composition.

The inspectorate for each State will not include any national from the State being inspected. However, when a State is being inspected, it will provide a liaison to facilitate the task of the inspectorate.

3. Status of the members of the inspectorate

The members of the inspectorate will enjoy the status and immunities appropriate to the performance of their functions.

VI. THE SECRETARIAT

1. Function of the secretariat

The function of the secretariat will be to assist the authority and the inspectorate in carrying out their tasks.

2. Staff of the secretariat

The staff of the secretariat will be provided by the Secretary-General of the United Nations.

53. UNITED STATES OF AMERICA: GENERAL VIEWS ON ITEM 3"SAFEGUARDS"-OF THE PLAN OF WORK ADOPTED BY THE COMMISSION FOR CONVENTIONAL ARMAMENTS, MAY 18, 19501

Item 3 of the Plan of Work of the Commission for Conventional Armaments provides for: "Consideration of practical and effective safeguards by means of an international system of control operating through special organs (and by other means) to protect complying States against the hazards of violations and evasions." The following is a general outline of the views of the United States which will be elaborated as the Working Committee proceeds with its consideration of this subject.

UN Document, s/c.3/43, 9 August 1950, pp. 6-9.

I. THE OBJECTIVE OF SAFEGUARDS

A. To ensure that nations fulfil their responsibilities and obligations as prescribed in the treaty for the regulation and reduction of conventional armaments and armed forces, and so to protect complying States against the hazards of violations and evasions.

II. THE NATURE OF SAFEGUARDS

A. The system of safeguards should be so devised that its operations will be effective, technically feasible and practicable, and will: (a) give warning of the likelihood of violations,

(b) detect promptly the occurrence of violations,

(c) minimize interference with and impose minimum burdens on the economic and industrial life of the signatory States.

III. THE BASIC ELEMENTS CONSTITUTING SAFEGUARDS

A. Accurate and regular reports by all signatory States of such information related to conventional armaments and armed forces as may be required by the treaty,

B. Verification of the above-mentioned reports by thorough international inspection procedures,

C. Remedial action in the case of violation of the treaty.

IV. THE INTERNATIONAL AGENCY RESPONSIBLE FOR SAFEGUARDS

A. An international agency should be established within the framework of the United Nations, deriving its powers and status from the treaty under which it is established, to supervise and administer the agreed system of safeguards in connection with the regulation and reduction of conventional armaments,

B. The international agency should consist of a governing board, an inspection corps and secretariat,

C. The governing board should be composed of representatives from each of the States which are members of the Security Council, the non-permanent membership changing in conformity with elections to and retirement from the Security Council,

D. The inspection corps should be composed of members drawn from panels nominated by each participating State. The size and composition of the inspecting teams drawn from this corps and utilized in particular instances should be determined by the governing board,

E. Such secretariat as may be needed should be selected by the governing board,

F. The decisions made by the international agency should not require unanimity.

V. RIGHTS AND DUTIES OF THE AGENCY

A. Receiving from each signatory State the reports specified in the treaty,

B. Verification of this information through direct inspections,

C. Review and interpretation of data derived from reports and inspections,

D. Preparation and publication of periodic and special reports to organs of the United Nations and to the signatory States,

E. The inspection and verification process as applied to each State should be made by nationals of States other than the State being inspected. However, the State being inspected should be obliged to appoint a liaison officer to assist and accompany the inspection group representing the international agency,

F. Individual members and national composition of the inspection teams should be varied periodically,

G. The international agency and its representatives should have no authority to issue directions to signatory States except as may be provided in the treaty under which it is established,

H. Inspection and verification should be conducted on a regular basis with reasonable advance notice which should be set forth in the treaty. However, special inspections may take place under such circumstances as may be specified in the treaty,

I. Certification to the Security Council and to signatory States of violations or evasions.

VI. RIGHTS AND DUTIES OF SIGNATORY STATES

A. Each signatory State should afford duly accredited representatives of the agency unimpeded rights of ingress to and egress from, and movement within its territories necessary to the performance of their duties; should aid and assist them in the performance of their duties, should provide access to the activities subject to inspection, and should arrange for the full co-operation of national or local authorities or private individuals,

B. The treaty should set forth the nature and scope of the inspection and verification processes to be followed by the international agency in order that all participating States may be aware of their rights and obligations.

VII. ACTION TO BE TAKEN UPON THE DETERMINATION

OF A VIOLATION

A. The international agency should be responsible for the prompt referral with certification of facts to the Security Council and to the signatory States of the agency's findings in respect to violations or evasions of the treaty,

B. Such certification may be accompanied by such recommendations in respect of any violations or evasions cited as the international agency may deem appropriate.

C. Action in respect of any violation or evasion should be primarily the responsibility of the Security Council. The treaty should provide that, since the purpose of the system of safeguards is to protect complying States against the hazards of violations, failure by the Security Council to correct violations or otherwise enforce the treaty should relieve participating States from their obligations thereunder and permit them such freedom of unilateral or collective action as is consistent with the Charter of the United Nations.

ON

54. UNITED STATES OF AMERICA: GENERAL VIEWS ON THE NATURE AND SCOPE OF "MILITARY SAFEGUARDS"-INFORMATION MILITARY AND PARA-MILITARY ESTABLISHMENTS TO BE REPORTED, INSPECTED AND VERIFIED, MAY 18, 19501

The general views of the United States on Item 3-"Safeguards". are contained in document S/C.3/SC.3/23. Section III of that document (bearing the heading "The Basic Elements Constituting Safeguards") states that all signatory States will submit, as required by treaty, pertinent information relating to conventional armaments and armed forces which shall be verified by inspection and other means. The reporting, inspection, and verification of the elements of the military and para-military establishments of the signatory nations is considered the most important safeguard for the regulation and reduction of conventional armaments and armed forces. The elements of the military and para-military establishment which must be made subject to complete reporting, inspection, and verification to allow determination of compliance with the treaty on the regulation and reduction of conventional armaments and armed forces are personnel, material, deployment, and bases. The specific items within each of these categories to be reported and verified are tabulated in Schedules I through IV, attached hereto. The sources to which access should be granted in the process of verifying reports are tabulated in Schedule V, also attached. Although these Schedules on Military Safeguards reflect somewhat greater detail than the views submitted by the United States on other aspects of the problem of safeguards, they, also, as with those other and more general views, are advanced not as any finalized conclusions but rather as affording a possibly useful basis for future discussion.

SCHEDULE I

Items to be Included in Reports on Personnel in Connection with the Regulation and Reduction of Armaments and Armed Forces

A. Groups and organization subject to reporting.

1. Units of the regular military establishment, complements of ships, air combat units, ground combat units, service support units, and personnel of supporting service installations.

2. Units of the constituted reserve.

3. National forces required primarily for internal security, including regularly active organizations and militia type organizations operating under the authority of the state or nation, but not including municipal police or other forces not susceptible to national mobilization.

4. Military academies and military units of schools, the primary purpose of which is to furnish officer personnel to the regular military establishment or reserve components.

5. Reservoir of available trained but unassigned personnel, including the unorganized reserve.

6. National political organizations of a military or semi-military character.

B. Information to be reported relative to personnel.

1. Total on active duty 1 January.

2. Receipts during previous year.

a. Volunteer

b. Draft

c. Transfer from other organizations.

1 UN Document, S/C.3/43, pp. 14-23.