available in the mid-1980's, he directed the ERDA Administrator to speed up development of such a program and submit plans for a repository for commercial high-level nuclear wastes by 1985. He directed also that the Secretary of State discuss with other nations the possibility of centrally located multinationally controlled nuclear waste repositories.

Weekly Compilation of Presidential Documents, Vol. 12, No. 44, Nov. 1, 1976, pp. 1624-1631; Dept. of State Bulletin, Vol. LXXV, No. 1952, Nov. 22, 1976, pp. 629–639.

OECD Nuclear Energy Agency

The Permanent Representative of the United States to the Organization for Economic Cooperation and Development (OECD) informed the Secretary-General, in a letter dated September 15, 1976, that the U.S. Government had decided to participate in the OECD Nuclear Energy Agency (NEA) as a full member from October 1, 1976. The United States had previously been an associate member. The letter excluded from U.S. participation the neutron data compilation center and the computer program library.

The OECD Council, on October 12, 1976, adopted a decision. relating to the participation of the U.S. Government in the NEA effective October 1, and making consequential changes in the Statute of the NEA. The Chairman of the Steering Committee for Nuclear Energy, at a meeting of the Committee on October 14, 1976, welcomed the U.S. decision to become a full member. The U.S. Delegate, Myron B. Kratzer, stated that the shifting of the Agency's program toward activities in the safety and regulatory field was of direct interest to his country, and a thorough involvement of U.S. technical experts was to be expected.

The NEA was established by a decision of the Council of the European Economic Community, 1957 (C(57)255), approved by the OECD Council, 1961 (OECD/C(61)5), and subsequently amended, which is generally referred to as the NEA Statute. For the Oct. 12 decision of the OECD Council concerning U.S. membership, see OECD/C(76)172 (Final). For the Steering Committee report, see NE/M(76)2, Nov. 24,

1976.

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Communications and Transportation

Telecommunications

The United States became a party to the 1973 International Telecommunication Convention (Malaga-Torremolinos) with annexes and protocols on April 7, 1976, subject to a declaration of nonacceptance of "any obligations in respect of the Telephone

Regulations or the Additional Radio Regulations referred to in article 42 of the International Telecommunication Convention . . . and in article 82 of the General Regulations thereof."

On April 21, 1976, the 1973 Telegraph Regulations and Telephone Regulations, as well as the 1974 Partial Revision of the Radio Regulations, entered into force for the United States, subject to a declaration in each case.

The major purpose of the agreements is to improve the efficiency and effectiveness of earlier arrangements and understandings, taking into consideration technical improvements which have occurred recently as well as further developments in the field of international organization.

For the text and additional information concerning the International Telecommunication Convention, see S. Ex. J, 93d Cong., 2d Sess.; the Telegraph and Telephone Regulations, see S. Ex. E, 93d Cong., 2d Sess.; and the Partial Revision of the Radio Regulations, see S. Ex. G, 94th Cong., 1st Sess. With reference to all of the above instruments, see S. Ex. Rept. 94-22, 94th Cong., 1st Sess.

Communications

Satellite Communications

The United States participated in the 47-nation International Conference on the Establishment of an International Maritime Satellite System convened by the Inter-Governmental Maritime Consultative Organization (IMCO), which held its second and third sessions in 1976. The first session, held in London April 23-May 9, 1975, had agreed on the need for a worldwide maritime satellite system to satisfy distress, safety, and public correspondence requirements, and on the need for an intergovernmental organization to administer and manage the system. At subsequent sessions in London (February 9-27, 1976, and September 1-3, 1976), the conference agreed on institutional arrangements, embodied in an intergovernmental agreement, called the Convention on the International Maritime Satellite Organization (INMARSAT), and an Operating Agreement, to be signed by signatories, which might be either Governments or their designated entities.

The designated entities will assume financial, technical, and operational responsibilities within INMARSAT. Managerial responsibility will be vested in the Council, a strong governing body in which policymaking responsibilities are given to investors in direct proportion to their utilization of the INMARSAT system. The thrust of the procurement policy under the arrangements is to ensure that price, quality, and the most favorable delivery time are the principal

criteria for the award of contracts.

The organs of INMARSAT will consist of:

(i) The Assembly, consisting of all parties;

(ii) The Council, consisting of 18 representatives of signatories having the largest investment shares in INMARSAT and four representatives, elected by the Assembly irrespective of their investment shares, so as to ensure the principle of just geographical representation bearing in mind the interests of developing countries; (iii) The Directorate headed by a Director General.

In the Council each representative has a voting participation equivalent to the investment share or shares he represents, but no representative may cast on behalf of one signatory more than 25 percent of the total voting participation in the Organization. If a signatory elects to divest itself of investment in excess of 25 percent, other signatories will be invited to subscribe to the excess. To the extent the excess is not voluntarily subscribed, the signatory possessing such excess would retain it and vote it, thereby voting a share greater than 25 percent. Should the affected signatory elect not to divest itself of its investment in excess of 25 percent, its vote corresponding to such excess would be distributed equally to all other representatives on the Council. Under the annex to the Operating Agreement, the United States is assigned an initial investment share of 17 percent. The next largest share, 12 percent, is assigned to the United Kingdom, and the third largest, 11 percent, to the Soviet Union.

An annex to the Convention establishes procedures for the settlement of disputes.

States may become parties to the Convention by signature alone, by signature subject to ratification, acceptance, or approval, followed by such action, or by accession. No reservations may be made to the Convention or Operating Agreement. When the two documents were opened for signature on September 3, 1976, eight governments signed the Convention subject to ratification, and four signed subject to acceptance. Four Governments or designated entities signed the Operating Agreement. By the close of 1976 the United States had not signed either instrument or designated an entity to sign the Operating Agreement.

For the text of the Convention on the International Maritime Satellite Organization (INMARSAT) and annex on settlement of disputes, see IMCO Doc. MARSAT/CONF/38, Oct. 27, 1976. For the Operating Agreement and annex on investment shares, see IMCO Doc. MARSAT/CONF/39, Oct. 27, 1976. For a statement by the Secretary General of IMCO concerning correction of any errors in the text, see ante, Ch. 5, § 1, p. 217. For the dispute settlement procedure under the Convention and Operating Agreement, see post, Ch. 13, § 2, p. 647-649.

Ocean Transportation

U.S.-Romania Maritime Agreement

On June 4, 1976, the United States and the Socialist Republic of Romania signed an agreement on maritime transport (TIAS 8254; 27 UST 1415; entered into force June 4, 1976). The agreement was for the purpose of institutionalizing procedures for handling shipping issues which, in the past, were handled on an ad hoc basis. It covers six major areas: facilitating and expediting maritime traffic; establishment of shipping operations representatives in the other's country; status of crews in port; treatment of vessels in distress; reciprocal recognition of seamen and vessel documentation; and participation in direct and cross trades.

The agreement is limited to merchant ships "actually engaged" in commercial shipping. By explicit language, it does not cover warships and fishing vessels, and does not include cargo sharing or cargo pooling provisions. The agreement provides for consultations at the request of either party. The initial term is for three years, with extension for successive terms of three years subject to both parties' approval.

Regarding entry into ports, Article 5 notes the relevant provisions of the 1975 Agreement on Trade Relations (TIAS 8159; 26 UST 2305; entered into force August 3, 1975) and provides for mostfavored-nation treatment of vessels, "except insofar as requirements of national security limit such access." Within ports, vessels are to receive most-favored-nation treatment "except insofar as modified by port security requirements." Because the United States maintains port security measures, a letter was appended to the agreement indicating the measures applicable to Romanian vessels. Romania had no similar requirement.

Article 6, dealing largely with cabotage, provides for the right to engage in passenger and cargo service in direct and cross trades but restricts carriage of cargo between ports of the United States to U.S. vessels in conformity with the requirements of U.S. law. Cargo from a vessel in distress may be temporarily stored without payment of customs.

Matters not specified in the agreement are reserved to each party to apply its national laws and requirements; further, the agreement does not limit the right of either party to take action for the protection of its national interests.

U.S.-U.S.S.R. Maritime Arrangement

Signature of a memorandum by the Federal Maritime Commission

and the Soviet Ministry of Merchant Marine concerning principles to govern participation of Soviet common carriers in the U.S. ocean cargo trades was announced by Karl E. Bakke, Chairman of the Federal Maritime Commission, on July 19, 1976.

The memorandum commits the good offices of the Commission and the Ministry to accomplish two results: (1) Soviet carriers would raise, where necessary, and maintain ocean cargo rates at a level not lower than the lowest rate actually used for the same commodity by any non-Soviet carriers in the particular trade involved; (2) Soviet carriers would actively pursue membership, on equitable terms and conditions for all member carriers, in liner conferences covering the U.S. North Atlantic and Pacific ocean cargo trades.

Federal Maritime Commission (FMC) News Release, July 19, 1976. The text of the memorandum released by the FMC follows:

Having discussed fully and freely matters of mutual interest concerning the liner trades of the Soviet Union and the United States, and

Having agreed upon the importance of a viable liner conference system in maintaining stability in those trades, and

With due regard to the legitimate economic interests of carriers, shippers and consumers that are served by liner conferences in the United States ocean trades, and

With due regard to the long term benefits to commercial relationships between the Soviet Union and the United States that can be realized from stability of ocean cargo rates in those trades,

The parties hereto have mutually agreed to utilize the good offices of their respective agencies to achieve the following:

1. All ocean cargo rates contained in tariffs of Soviet carriers now engaged as independents in the liner trades of the United States shall, as promptly as it is feasible, be adjusted to a level no less than that of the lowest rate in use for the same commodity of any other independent carriers in those trades,

2. Thereafter, prompt action shall be taken, as necessary, to maintain the foregoing relationship between ocean cargo rates of Soviet carriers engaged as independents in the liner trades of the United States and the ocean cargo rates for the same commodity contained in the tariffs of other independent carriers in those trades,

3. Discussions shall promptly be resumed concerning equitable terms and conditions for conference membership of Soviet carriers in the North Atlantic liner trades of the United States, with particular attention to the principle of temporary rate differentials for Soviet carriers in those trades based upon differences in the services offered by Soviet carriers and by other carriers in those trades, such rate differentials to be (a) reasonably related to the degree of differences in such services, and (b) to be promptly eliminated as the services in question reach a reasonable degree of comparability, and

4. Discussions shall promptly be initiated concerning equitable terms and conditions for conference membership of Soviet carriers in the inbound and outbound conferences serving Pacific liner trades of the United States in which the Soviet carriers are not now conference members, with particular attention to the principle of temporary rate differentials for Soviet carriers as set forth in paragraph 3 above.

The parties hereto have also mutually agreed that henceforth there must be closer working relationships between their respective agencies concerning exchange of factual information and policy questions, and that the necessary steps shall be promptly undertaken.