awaited The United States awaited the results of the announced plebiscite Plebiscite in Egypt and Syria prior to recognition of the United Arab Republic. The plebiscite took place on February 21, 1958. Recognition of the United Arab Republic by the United States followed on February 25, 1958. offices Department of State press release 87, XXXVIII Bulletin, Department of State, No. 977, Mar. 17, 1958, p. 418. There exist numerous precedents for the awaiting of the results of plebiscites prior to extending recognition. On January 17, 1944, Secretary of State Hull stated that, having officially received the request of the Polish Government-in-exile con- Good tained in its public statement of January 14, the Government of the United States, through the American Ambassador at Moscow, informed the Soviet Government of its willingness, if agreeable to the Soviet Government, to extend its good offices with a view to arranging for the initiation of discussions between the two Governments looking to a resumption of official relations between them. The Declaration of the Polish Government of January 14, 1944, read: "The Polish Government have taken cognizance of the Declaration of the Soviet Government contained in the Tass communiqué of January 11, 1944, which was issued as a reply to the Declaration of the Polish Government of January 5. "The Soviet communiqué contains a number of statements to which a complete answer is afforded by the ceaseless struggle against the Germans waged at the heaviest cost by the Polish Nation under the direction of the Polish Government. "In their earnest anxiety to safeguard the complete solidarity of the United Nations especially at a decisive stage of their struggle against the common enemy, the Polish Government consider it to be preferable now to refrain from further public discussions. While the Polish Government cannot recognize unilateral decisions or accomplished facts which have taken place or might take place on the territory of the Polish Republic, they have repeatedly expressed their sincere desire for a Polish-Soviet agreement on terms which would be just and acceptable to both sides. To this end the Polish Government are approaching the British and United States Governments with a view to securing through their intermediary the discussion by the Polish and Soviet Governments with the participation of the British and American Governments of all outstanding questions, the settlement of which should lead to a friendly and permanent cooperation between Poland and the Soviet Union. The Polish Government believe this to be desirable in the interest of the victory of the United Nations and harmonious relations in post-war Europe." Secretary of State Hull, press release, Jan. 17, 1944, X Bulletin, Department of State, No. 239, Jan. 22, 1944, pp. 96-97. Subsequently, at his press conference on January 26, 1944, Secretary Hull stated that the Soviet Government had stated in reply that it felt that conditions had not yet reached the stage where such good offices Consultation Emergency could be utilized to advantage. X Bulletin, Department of State, No. 240, Jan. 29, 1944, p. 116. Apart from possible undertakings to consult other countries with respect to recognition or nonrecognition, there exists no legal obligation of consultation with other governments in connection with the extension or withholding of recognition. "Near the close of 1943 it became evident that the slight success of the Axis attempts to sow confusion and disunity in America was making it necessary for them to resort to other and more direct methods to achieve their objective. The presence within the continent of subversive elements gave the Axis powers their opportunity, and indications were multiplying that those groups were planning to participate in movements designed to overthrow established governments in several countries and that they were receiving advice, encouragement, money, and other forms of assistance from organizations or persons known to be connected with or inspired by the Nazis. "The overthrow on December 29, 1943 of the established Government of Bolivia brought these fears suddenly to the fore. Although it was preceded and accompanied by wide-spread suggestions that this particular coup d'état was the first of a series designed to break down the existing anti-Axis front in South America, it was apparent that a political-defense question of great magnitude and urgency had suddenly been precipitated. The question was novel: There existed neither an agreed policy nor a speedy procedure by which the interested republics could promptly act together to meet this potential threat to their individual and collective security and solidarity. "On December 24, four days after the revolution occurred, the Committee adopted a resolution which supplied both the policy and the procedural needs: It recommended that for the duration of the war the American republics agree not to accord recognition to any new government established by force, prior to full exchange of information and consultation among themselves regarding the circumstances surrounding the revolution and particularly the adherence of the new regime to the existing interAmerican undertakings for hemispheric defense. Nineteen interested governments promptly announced their acceptance of this formula, whereupon, on January 5, the Committee adopted a second resolution, recommending that the usual diplomatic channels be utilized as the procedural mechanism for effectuating the necessary exchanges of information and consultations. Within a brief time, during which those republics also gave consideration to a suggestion of the Mexican Government that a special consultative meeting might be desirable, all interested governments accepted the second resolution. Upon completion of their consultations, they announced their respective individual decisions to refrain from recognizing the new regime. "The governments continued their joint consideration and study of the problem, however, and in June 1944, as a result of further consultations, they reached the conclusion that, during the six months which had elapsed, the causes which impeded recognition had disappeared. Consequently the republics decided to recognize the Bolivian Government, and a majority of them accepted the proposal of the Foreign Ministry of Mexico to the effect that this recognition should take place simultaneously on June 23, 1944. "Almost all the American nations communicated their decisions to the Committee, and on June 23, 1944, the Committee approved a new resolution which, after giving expression to the consequent general pleasure felt throughout the continent, made public its own satisfaction over the recognition and which emphasized the significance of the fact that this inter-American action. had been taken in the solidary manner in which the community of American nations confronts problems of common interest. At the same time the chairman of the Committee sent its congratulations to the Minister of Foreign Affairs of Bolivia, from whom a courteous reply was received. "In addition to this instance in which the procedure counseled by the Committee was invoked for the first time, subsequent changes of government have been brought about by force in Argentina, Ecuador, El Salvador, and Guatemala; in every case the governments have taken the Committee's resolution into account in reaching a decision concerning whether to recognize or not to recognize the new governments so instituted. In three of these cases the known circumstances which determined the establishment of the new governments caused the American republics, after an exchange of views, to delay official recognition. "The consultations and exchange of information respecting the installation of the present government of the Argentine republic resulted in the decision of practically all the American republics to abstain from entering into diplomatic relations with that government." "In Defense of the Americas Against Axis Political Aggression", the Emergency Advisory Committee for Political Defense, XII Bulletin, Department of State, No. 289, Jan. 7, 1945, pp. 3, 8-9. With respect to the establishment at Montevideo of the Emergency Advisory Committee for Political Defense, April 15, 1942, pursuant to Resolution XVII adopted at the Third Meeting of Ministers of Foreign Affairs of the American Republics at Rio de Janeiro in January 1942, see VI Bulletin, Department of State, No. 146, Apr. 11, 1942, p. 322; VII ibid., No. 181, Dec. 12, 1942, pp. 999-1000. For its resolution of December 24, 1943, and its resolution of January 5, 1944, see Emergency Advisory Committee For Political Defense, Second Annual Report Submitted to the Governments of the American Republics, July 15, 1943-October 15, 1944 (Montevideo, 1944) 79, 92; X Bulletin, Department of State, No. 236, Jan. 1, 1944, pp. 20-21 and ibid., No. 237, Jan. 8, 1944, p. 28. For the announcement, on June 23, 1944, of recognition by the United States of the new Government of Bolivia, see ibid., No. 261, June 24, 1944, p. 584. Embassy Just as a turnover in government is notified to other governments Charge of with a request for recognition, where this is desired, so also information is supplied to appropriate governments of the name of the official in charge of the Embassy in the particular country. Historically: U.S.A. On the day following United States recognition of the provisional government of President Urrutia of Cuba, the Cuban Minister of State advised the American Embassy at Habana, in reply to its request, that Dr. Emilio Pando had been designated Chargé d'Affaires ad interim of the Cuban Embassy at Washington and requested the Department of State's recognition of Dr. Pando in this capacity. The American Embassy at Habana (Smith) to the Department of State, telegram, Jan. 8, 1959, MS. Department of State, file 601.3711/1-859. After the advent of the Farrell regime in Argentina, the American Ambassador (Armour) continued at his post until June 1944 when he was "recalled for consultation", the Government of the United States not having recognized the new regime. Subsequent to the departure of Ambassador Armour from his post, the Department of State addressed the Counselor in charge of the Embassy as "Chargé d'Affaires ad interim". Secretary of State Hull to all American Republics, London, and Ottawa. June 27, 1944, MS. Department of State, file 123AR52/6–2744. The matter of who should act as Chargé d'Affaires ad interim was controlled by the following provision (section II-2, note) of the Foreign Service Regulations of the United States: "In the absence from the country to which he is accredited, or in the event of the death or disability of the chief of mission, the rank ing Foreign Service officer assigned to the mission in a diplomatic capacity (see sec. VIII-6) shall act ex officio as chargé d'affaires að interim without credentials to that end unless specially instructe to the contrary by the Department of State." At the present time the Foreign Affairs Manual reads: "The ranking Foreign Service officer assumes charge of a Foreign Service post in the absence or incapacity of the principal officer, unless the Department has designated another officer to assume charge in such event. The principal officer may, in his discretion. request such designation by the Department. Where there is no Foreign Service officer to take charge, the senior officer of the Foreign Service with a commissioned diplomatic title (see 3 FAM 612) assumes charge of a diplomatic mission, and the senior consular officer assumes charge of a consular office." 2 Foreign Affairs Manual (FAM) 161.2 (TL: GEN-14, 1-11-63). PREREQUISITES "There is no well settled criterion with respect to the recognition of new governments or the resumption of relations with the governments with which such relations have been severed. Our policy in such matters has changed from time to time. Formerly we followed what was popularly known as the Jeffersonian policy, which broke away from the theory of legitimacy of the government followed by certain European powers, designed primarily to maintain in power ruling royal families. Jefferson, in 1792, in speaking of the then recent revolution in France, informed the American Minister in Paris that 'It accords with our principles to acknowledge any Government to be rightful which is formed by the will of the nation, substantially declared.' In a later instruction dated March 12, 1793, to the same Minister, Mr. Jefferson stated: "We surely cannot deny to any Nation that right whereon our own government is founded, that everyone may govern itself according to whatever form it pleases, and change these forms at it's own will: and that it may transact it's business with foreign nations through whatever organ it thinks proper, whether King, Convention, Assembly, Committee, President or anything else it may chuse,-the will of the nation is the only thing essential to be regarded.' "Before the close of the 19th Century, we frequently added the express requirement that the new government should show a due regard for obligations under international law and treaties. In more recent years we generally withheld recognition until it was shown that the de facto authorities were (1) in possession of the machinery of the state, (2) administering the government without substantial resistance to its authority, and (3) in a position to fulfill all international obligations and responsibilities of the state arising under treaties and international law. In 1911 before we recognized the Haitian Government we required written assurances that American interests in that country would be safeguarded and a settlement of claims resulting from the revolution. "President Wilson inaugurated a new test of 'constitutionality', making the coming into power of a new government by constitutional means a prerequisite to recognition, particularly with respect to the Central American Republics. This policy was invoked in a few instances subsequent to the termination of President Wilson's Administrations. President Hoover abandoned the test of constitutionality and more or less reverted to the practice theretofore followed. In an address of February 6, 1931, Secretary Stimson stated: "The present administration has refused to follow the policy of Mr. Wilson and has followed consistently the former practice of this Government since the days of Jefferson. As soon as it was reported to us, through our diplomatic representatives, that the new governments in Bolivia, Peru, Argentina, Brazil, and Panama were in control of the administrative machinery of the state, with the apparent general acquiescence of their people, and that they were willing and apparently able to discharge their international and conventional obligations, they were recognized by our Government.' "There are few reported instances in which this Government has refused recognition of another government on grounds of the unacceptability of the personnel of the government, since such Unacceptreasons, if they existed, were not explicitly set forth. Neverthe- able less there are certain borderline instances worthy of note. "In 1913 this Government refused to recognize the government of General Huerta in Mexico who had seized power and caused President Madero to be placed under arrest. President Wilson personnel |