CIVIL AERONAUTICS BOARD LIST OF EXECUTIVE AGREEMENTS IN WHICH CAB HAS PARTICIPATED SINCE 1945 Korea. Oct. 2, 1969. Aug. 11, 1952. Apr. 24, 1957 (Replaced provisional agreement of June 29, 1949.)... Mar. 26, 1971 Aug. 15, 1960 (Replaced agreement of Mar. 7, 1957.). Malaysia Norway... Pakistan Panama.. Paraguay. Peru. Aug. 14, 1963 Aug. 14, 1964 Aug. 4, 1965 Sept. 19, 1967 July 31, 1970 Philippines..... Portugal... Rep. of South Africa.. Spain....... Dec. 6, 1945 July 4, 1950 Sweden.... July 21, 1954 Dec. 19, 1944 Dec. 4, 1945 Aug. 6, 1954 July 8, 1958 June 7, 1966 May 13, 1949 Dec. 9, 1970 In addition to the agreements listed above, the State Department has determined that between the United States and certain newly-independent nations there are in force the provisions of pre-independence bilateral agreements between the United States and the countries of which the new nations were a part. These nations are listed below along with the country from which they gained independence and the date of their independence. Botswana (U.K., September 30, 1966). Ceylon (U.K., February 4, 1948). Congo (B) (France, August 15, 1960). Gambia (U.K., February 18, 1965). Ghana (U.K., March 6, 1957) Guyana (U.K., May 26, 1966). Malagasy Republic (France, June 26, 1960. Nigeria (U.K., October 1, 1960). Sierra Leone (U.K., April 27, 1961). Swaziland (U.K., September 6, 1968). Trinidad & Tobago (U.K., August 31, 1962). Zambia (U.K., October 24, 1964). GENERAL COUNSEL OF THE DEPARTMENT OF COMMERCE, HON. SAM J. ERVIN, JR. Chairman, Subcommittee on Separation of Powers, Committee on the Judiciary, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: Secretary Peterson has asked me to reply to your recent letter requesting information concerning all Executive Agreements in which this Department has participated since World War II. At the outset I should note that the records associated with organizations transferred out of the Department since World War II (e.g., the former Civil Aeronautics Administration of this Department which is now the Federal Aviation Administration in the Department of Transportation) were transferred with those organizations and are not covered herein. I. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION A. FISHERIES AGREEMENTS These Executive Agreements were signed by the Department of State and although NOAA (or its predecessor agencies) participated in them, the statutory authority could best be supplied by the Department of State: 1. Agreement with the U.S.S.R. on the Middle Atlantic Fishery, December 13, 1968, 19 UST, 7661, TIAS 6603 (renegotiated December 1970) (2 years). Termination-December 1972. Member countries are U.S.S.R. and United States. Areas of geographical interest-Middle Atlantic area and waters of the 50 to 100 fathoms zone from Rhode Island to Virginia and a small area within the U.S. contiguous zone off New Jersey and Long Island. Species concernedGroundfish and other species with emphasis on river herring, scup, flounder, red hake, silver hake, black sea bass and menhadin. 2. Traditional Fisheries Agreement with Mexico, October 27, 1967, 18 UST 2724; TIAS 6359 (effective January 1, 1968) (5 year agreement). Termination -October 1972. Member countries are: Mexico and United States. Areas of geographical interest-Waters between 9 and 12 miles off the coast of the United States and Mexico. Species concerned-Stocks of mutual concern, particularly shrimp and tuna. 3. Agreement with Japan on the King and Tanner Crab Fisheries of the Eastern Bering Sea, November 25, 1964, 15 UST 2076, TIAS 5688 (effective November 25, 1964); modified and extended November 1970 (2 years). Termination-November 1972. Member countries are: Japan and United States. Areas of geographical interest-Western continental shelf of the United States. Species concerned-King and Tanner Crabs. 4. Agreement with Japan on the Contiguous Fishery Zone, May 9, 1967, 18 UST 1309, TIAS 6287, modified and extended, November 1970 (2 years). Termination-November 1972. Member countries are: Japan and United States. Areas of geographical interest-Northeast Pacific, Eastern Bering Sea, Gulf of Alaska and the U.S. contiguous zone off Alaska and the State of Washington. Species concerned-Species of mutual concern with emphasis on halibut, Pacific Ocean perch and black cod. 5. Agreement with U.S.S.R. on Fishing Operations in the Northeastern Pacific (Gear Conflict), December 14, 1964, 15 UST 2179, TIAS 5703 (effective December 14, 1964), renegotiated February 1971 (2 years). Termination-January 1973. Member countries are: U.S.S.R. and United States. Areas of geographical interest-Gulf of Alaska beyond the 12 mile fishery zone. Species concerned-King crab (Soviets agreed not to fish around Kodiak Islands for specified periods when U.S. king crab fishermen fish extensively with fixed crab gear). 6. Agreement with the U.S.S.R. on the King and Tanner Crab Fisheries of the Eastern Bering Sea, February 5, 1965, 16 UST 24; TIAS 5752 (effective February 5, 1965), renegotiated and extended February 1971 (2 years). Termination-January 1973. Member countries are: U.S.S.R. and United States. Areas of geographical interest-U.S. continental shelf in the Eastern Bering Sea. Species concerned-King and Tanner crabs. 7. Agreement with the U.S.S.R. on the Contiguous Fishery Zone, February 13, 1967, 18 UST 190; TIAS 6218, renegotiated and extended February 1971 (2 years). Termination-January 1973. Member countries are: U.S.S.R. and United States. Areas of geographical interest-Northeast Pacific including the U.S. contiguous zone. Species concerned-Species of mutual concern, particularly interest in halibut, King crab, salmon and rockfish. 8. Agreement with Poland Regarding Fisheries in the Western Region of the Middle Atlantic Ocean, June 12, 1969, modified and extended June 1970 (15 months). Termination-June 1972. Member countries are: Poland and United States. Areas of geographical interest-Western region of the Middle Atlantic Ocean and 3 areas within the U.S. contiguous zone off Long Island, New Jersey and Virgina. Species concerned-Groundfish species with emphasis on scup, flounder, red hake, silver hake, menhadin, river herring and black sea bass. 9. Agreement with Canada concerning Reciprocal Fisheries Privileges, April 24, 1970, see 52 Department of State Bull. 640 (1970). (2 years). Termination -April 1972. Member countries are: Canada and United States. Areas of geographical interest-The fishery continguous zone extending along east and west coast of both nations, south of 63°N. Species concerned-Species of mutual concern with emphasis on Pacific salmon. Fishing for any species of clams, lobsters, scallops and shrimp in the reciprocal fishing area of either country is excluded. B. COOPERATIVE WEATHER PROGRAMS Pursuant to Executive Agreements established by an exchange of diplomatic notes between a U.S. Ambassador or State Department official and a comparable official of the foreign country concerned, the U.S. is currently participating in cooperative weather programs with: (Negotiations are currently in progress with Bahamas and Honduras. A program formerly in effect with Cuba lapsed following the rupture of diplomatic relations.) Each Executive Agreement follows the same general pattern. After briefly describing the project and recording the intention of the two governments to institute the cooperative weather program, it records agreements at the intergovernmental level upon such administrative matters as title to equipment supplied, liability of participants, exemption from duties and taxes granted by the other Government, etc. It also specifies, for each country, which of its agencies will act as the designated cooperating agency of that country, responsible for implementing the country's portion of the joint program. NOAA is designated as the U.S. cooperating agency and the designated cooperating agency of the other country is usually its national weather service. The Executive Agreement also directs the two designated cooperating agencies to draw up a Memorandum of Agreement specifying the further details of the cooperative program. These include an indication of the specific technical tasks assigned to each agency under the program. The text of the Memorandum of Arrangement is usually worked out by correspondence between the two agencies or through the good offices of the Ameri can Embassy in the country concerned. It is normally signed by the Administrator of NOAA as head of the designated U.S. cooperating agency. On occasion, however, the American Ambassador may be asked to sign on behalf of NOAA. The Memorandum of Arrangement is regarded as a separate interagency agreement, within the ambit of, and deriving from, the Executive Agreement concerned. However, in two cases, for special reasons, it was treated as an annex to the Executive Agreement and in those cases the text is reproduced, with the agreement, in the State Department's TIAS series. Since these programs stem from Executive Agreements negotiated by the Department of State, the statutory authority therefor could best be supplied by that Department. II. BUREAU OF INTERNATIONAL COMMERCE Agreement between the Government of the United States of America and the Government of the Republic of the Philippines concerning matters of customs administration. January 4, 1967. To provide the Philippine Government with information from Shipper's Export Declarations to enable that Government to combat smuggling; and, to provide for the removal of certain Philippine requirements with respect to documentation for U.S. importers. Authorized by the Foreign Trade Statistics Act, 13 U.S.C. § 302 and regulations thereunder (15 C.F.R. 3091 (e) ), and by the Export Control Act of 1949, 63 Stat. 7 (1949). (In addition the Department has participated in all trade agreements negotiated under the trade agreements legislation, the U.S.-Canadian Auto Agreement and the cotton textile agreements. We are informed that all of these agreements are included in the submissions of either the Department of State or Special Assistant for Trade Negotiations. Accordingly, they are not listed herein). III. MARITIME ADMINISTRATION 1. Memorandum of Understanding between the Maritime Administration and the Merchant Marine Commission of Brazil, dated June 15, 1967. The purpose of the memorandum was to express the understanding that Decree 60739, dated May 23, 1967, would give to United States flag ships so long as effective, the right to carry between Brazil and the United States up to 50 percent of all Brazilian government favored cargo and that the Maritime Administration would in return permit Brazilian flag vessels to carry to Brazil up to 50 percent of the cargo that is subject to Public Resolution 17, 73rd Congress (15 U.S.C. 616a). The authority to enter into the agreement is Public Resolution 17. This Resolution resolves that it is the sense of the Congress that in any loans made by an instrumentality of the Government to foster the exportation of agricultural or other products, provision shall be made that such products shall be carried exclusively in vessels of the United States. The Resolution has been interpreted by the Attorney General as not mandatory but as laying down a rule of guidance to be followed to the extent feasible and that the Secretary of Commerce should be consulted by the lending agency with regard to feasibility (37 Op. Atty. Gen. 546; 42 Op. No. 20). Since 1934, the Maritime Administration and its predecessors has permitted the borrowing nation's vessels to carry 50 percent of the cargo covered by the Resolution if that nation did not discriminate against American flag vessels. 2. Record of Meeting held on October 10, 1966, between representatives of the Venezuelan shipping agency on the one side and representatives of the United States State Department and the Maritime Administration on the other. The purpose of Record of Meeting was to record the understanding that the Venezuelan shipping agency would make up to 50 percent of the cargo subject to Venezuelan Resolution 331 available to United States flag ships and that the United States Maritime Administration would make up to 50 percent of the cargo subject to Public Resolution 17, 73rd Congress, available to Venezuelan flag ships. The authority is Public Resolution 17, 73rd Congress. 3. Memorandum of Consultation between representatives of the Brazilian shipping agency and the Ministry of External Relations on the one hand, and representatives of the United States Department of State and the Maritime Administration on the other, dated March 7, 1970. The purpose of the Memo randum was to record an understanding that the Brazilian and United States Governments would subsequently negotiate an agreement providing equal access by Brazilian flag vessels and United States flag vessels to government controlled cargoes in the Brazilian/United States trades and that private pooling agreements would be executed between United States carriers and Brazilian carriers serving the trade. The authority is Public Resolution 17, 73rd Congress and section 901(b) of the Merchant Marine Act, 1936 (46 U.S.C. 1241(b)). 4. Protocol of the Soviet-American Negotiations on Commercial Shipping, dated December 2, 1971, signed by representatives of the Secretary of Commerce of the United States and of the Minister of Merchant Marine of the USSR. The purpose of the protocol was to express the agreement of the Parties to negotiate an agreement with respect to equal access to Government controlled cargo, reciprocal access to ports, and related shipping matters, as practicable. The authority is 50 U.S.C. 191, Public Resolution 17, 73rd Congress, and section 901 (b) of the Merchant Marine Act, 1936. IV. CENSUS BUREAU The Census Bureau has entered into a large number of agreements with foreign government agencies to provide technical assistance for specific projects on a reimbursable basis. Since records for past years are not readily available (and may have been destroyed) and these arrangements are essentially contracts, they are not listed. However, a copy of one such arrangement is enclosed for your information. V. PATENT OFFICE 1. The Patent Office under authority of 35 USC 12 has entered into agreements with 47 countries to exchange copies of U.S. patents issued and the Official Gazette for those of the other party. The purpose is to complete and keep up-to-date the search files to assure a more complete and comprehensive search of the prior art with respect to patent applications. Since these are essentially contractual they are not listed. 2. Under subsections (a) and (b) of section 6, title 35, United States Code, the Commissioner has the authority to carry on programs and studies cooperatively with foreign patent offices. This has been done in the form of exchanges of search results with foreign patent offices in corresponding applications for patent. These exchanges, which are made to aid the examiners in their examination of applications for patent, were either on a trial basis and have not been continued, or are in force at the present time on a continuing basis. Trial exchange programs were conducted with the patent offices of Austria, Czechoslovakia, Japan and Switzerland. Continuing programs are carried on with the patent offices of France, Germany (Federal Republic), the Philippines and Sweden. 3. Another arrangement under section 6, title 35, involves a committee for the international cooperation and information retrieval among patent offices, known by its acronym, ICIREPAT. This effort was initiated in 1961 as an informal ad hoc committee of patent offices in order to study mechanized documentation and retrieval systems with a view toward making recommendations for standardization, shared use, etc. In 1968, this informal ad hoc committee was transformed into a committee of experts under the Paris Convention for the Protection of Industrial Property. At this time, 20 patent offices, including the U.S. Patent Office, participate in ICIREPAT. Of course, the countries in which those patent offices are located must be members of the Paris Convention. VI. NATIONAL BUREAU OF STANDARDS 1. Cooperation with Centre Scientifique et Technique du Batiment (France) on program of building research. To promote, through interchange of information and other means, technological and economic improvement of building. 15 USC 271 et seq. 2. Sister-relationship with Korean National Industrial Research Institute. To promote cooperation in areas of standards, meteorology and quality control (including training on a reimbursable basis) 15 USC 271 et seq. I hope that this information will be helpful to your Committee. Sincerely, WILLIAM N. LETSON, General Counsel. |