SOC), on May 7, 1975, adopted without vote Resolution 1944 (LVIII), welcoming the ending of the war in the Indochinese Peninsula and recognizing that the phase of reconstruction would be long and difficult. Its principal operative paragraph appealed to all states "to come to the assistance of the peoples of Indochina in their efforts to bring about the reconstruction of their countries, in accordance with the needs and requests of these countries, by ways and means which the latter deem most appropriate and with full respect for their natural sovereignty."

Following adoption of the resolution, Ambassador Clarence C. Ferguson, Jr., U.S. Representative to ECOSOC, stated that the U.S. Delegation joined in the consensus, but that the situation in Indochina was highly complex. He added:

There is the problem both of determining needs, and of ascertaining the attitudes of the various authorities in power in the various political entities of the Indochinese Peninsula. ... my Government does not favor the provision of American assistance for rebuilding the economic infrastructure of North Vietnam. However, in the context of another debate involving South Viet-Nam, I have alluded to the uncertainties which exist in regard to the authorities in South Viet-Nam. . . . my Government will . . . certainly examine with great care and compassion specific and precisely defined humanitarian requests from responsible authorities in South Viet-Nam that can be carried out by traditional humanitarian agencies.

it is the general position of my Government that the primary responsibility for responding to the humanitarian needs of the Peninsula should fall upon the shoulders of those who supplied the wherewithal by which the changes on the Peninsula were effectuated.

For the full text of the ECOSOC resolution, see U.N. Doc. E/RES/1944 (LVIII), May 8, 1975. For the full text of Ambassador Ferguson's statement, see Press Release USUN-37(75), May 7, 1975; also telegram 1530 from the U.S. Mission, New York, to the Dept. of State, May 7, 1975.

The appropriation act for special assistance to refugees from Cambodia and Viet-Nam (P.L. 94-24; 89 Stat. 89; approved May 23, 1975) contained in section 201 the following restriction on the use of funds:

No funds appropriated in this Act shall be used, directly or indirectly, to aid the Democratic Republic of Viet-Nam (D.R.V.) or the Provisional Revolutionary Government (P.R.G.), nor shall

any funds appropriated under this Act be channeled through or administered by the D.R.V. or the P.R.G., nor shall any funds appropriated under this Act be channeled through or administered by international organizations or voluntary agencies to aid the D.R.V. or the P.R.G.

A prohibition on the use of funds for assistance to North or South Viet-Nam, Cambodia, or Laos was included in the continuing appropriations act for fiscal year 1976 (P.L. 94-41; 89 Stat. 225; approved June 27, 1975). The Act made interim appropriations for certain government functions until approval of the applicable appropriation acts for that fiscal year. Section 109 of the Act provided:

None of the funds herein made available shall be obligated or expended to finance directly or indirectly any assistance to North Viet-Nam, South Viet-Nam, Cambodia, or Laos, nor shall any funds herein made available be channeled through or administered by international organizations, United Nations organizations, multilateral organizations, voluntary agencies, or any other comparable organizations or agencies in order to finance any assistance to North Viet-Nam, South Viet-Nam, Cambodia, or Laos.

Suspension of Assistance

William C. Schmeisser, Jr., Director of the Office of Commodity Management of the Agency for International Development (AID), in an announcement dated May 22, 1975, stated that he had taken the necessary action to vest title to all AID-financed commodities subject to the provisions of AID Regulation 1 in transit to the Khmer Republic (Cambodia) and the Republic of Viet-Nam. With respect to the Khmer Republic, he announced, the vesting action took place on April 12, 1975, and with respect to the Republic of Viet-Nam, on April 30, 1975. The actions were in accordance with section 605 of the Foreign Assistance Act of 1961 (75 Stat. 424; 22 U.S.C. 2355), as amended, and the provisions of AID Regulation 1, section 201.44.

Fed. Reg., Vol. 40, No. 109, June 5, 1975, p. 24218.

Sec. 605(a) of the Foreign Assistance Act of 1961, as amended, provides:

Any commodities and defense articles procured to carry out this Act shall be retained by, or upon reimbursement, transferred to, and for the use of, such agency of the United States Government as the President may determine in lieu of being disposed of to a foreign country or international organization, whenever in the judgment of the President the best interests of the United States will be served thereby or whenever such retention is called for by concurrent resolution. Any commodities or defense articles so retained may be disposed of without regard to provisions of law relating to the disposal of property owned by the United States Government, when necessary to prevent spoilage or wastage of such commodities or defense articles or to conserve the usefulness thereof. Funds realized from any disposal or transfer shall revert

to the respective appropriation, fund, or account used to procure such commodities or defense articles or to the appropriation, fund, or account currently available for the same general purpose.

Sec. 201.44 of AID Regulation 1 is found at 22 CFR 201.44. It provides, inter alia, that AID may direct that title to AID-financed commodities in transit to a cooperating country be vested in AID if in the opinion of AID such action is necessary to assure compliance with the provisions or purposes of any act of Congress, and that AID may direct the master or operator of a vessel carrying the commodities to divert them away from the port or other destination specified in the shipping documents.

Disaster Relief

In a press briefing on September 2, 1975, Robert L. Funseth, Director of the Office of Press Relations of the Department of State, issued the following statement concerning U.S. assistance in the Portuguese evacuation from Angola:

In response to Portuguese President Costa Gomes' urgent appeal for support on humanitarian grounds for the airlift of Portuguese citizens from Angola to Portugal, the United States Government is providing two U.S.-flag chartered civilian aircraft with civilian crews for an indefinite period of time. We anticipate that the aircraft will begin flying within 72 hours, after logistical and other arrangements have been completed with the Portuguese Government. The United States Government has already contributed $200,000 to an appeal by the International Committee of the Red Cross for relief assistance to Angolans displaced by the fighting. We are prepared to respond to further appeals by international agencies for relief assistance within Angola. Dept. of State Bulletin, Vol. LXXIII, No. 1893, Oct. 6, 1975. The U.S. portion of the airlift from Angola was begun on Sept. 7, 1975, and was funded with Agency for International Development famine and disaster relief funds authorized under Sec. 639 of the Foreign Assistance Act of 1961, as amended by Sec. 28(a) of the Foreign Assistance Act of 1974 (22 U.S.C. 2399). Edward W. Mulcahy, Acting Assistant Secretary of State for African Affairs, testified before the Subcommittee on International Resources, Food, and Energy of the House Committee on International Relations on Nov. 5, 1975, that the U.S. part of the airlift transported about 31,600 people to Lisbon, at a total cost of approximately $7.5 million, before terminating the airlift on Nov. 3, 1975. He also stated that on that day the United States temporarily closed its consulate general and removed the entire staff to Lisbon on the last U.S. relief flight. See Dept. of State Bulletin, Vol. LXXIII, No. 1901, Dec. 1, 1975, pp. 800-802.

The International Development and Food Assistance Act of 1975 (P.L. 94–161; 89 Stat. 849), approved December 20, 1975, amended the Foreign Assistance Act of 1961 by inserting a new Chapter 9 entitled "International Disaster Assistance" (22 U.S.C. 2292). Section 491 of that chapter states the policy and general authority as follows:

SEC. 491. POLICY AND GENERAL AUTHORITY. (a) The Congress, recognizing that prompt United States assistance to alleviate human suffering caused by natural and manmade disasters is an important expression of the humanitarian concern and tradition of the people of the United States, affirms the willingness of the United States to provide assistance for the relief and rehabilitation of people and countries affected by such disasters.

(b) Subject to the limitation on appropriations in section 492, and notwithstanding any other provision of this or any other Act, the President is authorized to furnish assistance to any foreign country or international organization on such terms and conditions as he may determine, for international disaster relief and rehabilitation, including assistance relating to disaster preparedness, and to the prediction of, and contingency planning for, natural disasters abroad.

(c) In carrying out the provisions of this section the President shall insure that the assistance provided by the United States shall, to the greatest extent possible, reach those most in need of relief and rehabilitation as a result of natural and manmade disasters.

Section 492 authorizes appropriation of $25,000,000 for each of the fiscal years 1976 and 1977 and requires quarterly reporting to the Congress. Other sections provide for appointment of a Special Coordinator for International Disaster Assistance, development of a long term development program for the Sahel and other drought-stricken areas in Africa, and furnishing of assistance for refugees and other needy people in Cyprus.

Regional Cooperation

The Final Act of the Conference on Security and Cooperation in Europe (CSCE), signed at Helsinki on August 1, 1975, by 35 states, including the United States, contains the following section on industrial cooperation:

Industrial cooperation and projects of common interest
Industrial cooperation

The participating states,

Considering that industrial cooperation, being motivated by economic considerations, can

-create lasting ties thus strengthening long term overall economic cooperation,

-contribute to economic growth as well as to the expansion and diversification of international trade and to a wider utilization of modern technology, -lead to the mutually advantageous utilization of economic complementarities through better use of all factors of production, and

-accelerate the industrial development of all those who take part in such cooperation,

propose to encourage the development of industrial cooperation between the competent organizations, enterprises and firms of their countries;

consider that industrial cooperation may be facilitated by means of intergovernmental and other bilateral and multilateral agreements between the interested parties;

note that in promoting industrial cooperation they should bear in mind the economic structures and the development levels of their countries;

note that industrial cooperation is implemented by means of contracts concluded between competent organizations, enterprises and firms on the basis of economic considerations;

express their willingness to promote measures designed to create favorable conditions for industrial cooperation;

recognize that industrial cooperation covers a number of forms of economic relations going beyond the framework of conventional trade, and that in concluding contracts on industrial cooperation the partners will determine jointly the appropriate forms and conditions of cooperation, taking into account their mutual interests and capabilities;

recognize further that, if it is in their mutual interest, concrete forms such as the following may be useful for the development of industrial cooperation: joint production and sale, specialization in production and sale, construction, adaptation and modernization of industrial plants, cooperation for the setting up of complete industrial installations with a view to thus obtaining part of the resultant products, mixed companies, exchanges of "know-how," of technical information, of patents and of licenses, and joint industrial research within the framework of specific cooperation projects;

recognize that new forms of industrial cooperation can be applied with a view to meeting specific needs;

note the importance of economic, commercial, technical and administrative information such as to ensure the development of industrial cooperation; Consider it desirable:

-to improve the quality and the quantity of information relevant to industrial cooperation, in particular the laws and regulations, including those relating to foreign exchange, general orientation of national economic plans and programs as well as program priorities and economic conditions of the market; and

-to disseminate as quickly as possible published documentation thereon; will encourage all forms of exchange of information and communication of experience relevant to industrial cooperation, including through contacts between potential partners and, where appropriate, through joint commissions for economic, industrial, scientific and technical cooperation, national and joint chambers of commerce, and other suitable bodies;

consider it desirable, with a view to expanding industrial cooperation, to encourage the exploration of cooperation possibilities and the implementation of cooperation projects and will take measures to this end, inter alia, by facilitating and increasing all forms of business contacts between competent organizations, enterprises and firms and between their respective qualified personnel;

note that the provisions adopted by the Conference relating to business contacts in the economic and commercial fields also apply to foreign organizations, enterprises and firms engaged in industrial cooperation, taking into account the specific conditions of this cooperation, and will endeavor to ensure, in particular, the existence of appropriate working conditions for personnel engaged in the implementation of cooperation projects;

consider it desirable that proposals for industrial cooperation projects should be sufficiently specific and should contain the necessary economic and technical data, in particular preliminary estimates of the cost of the project, information on the form of cooperation envisaged, and market possibilities, to enable potential partners to proceed with initial studies and to arrive at decisions in the shortest possible time;

will encourage the parties concerned with industrial cooperation to take measures to accelerate the conduct of negotiations for the conclusion of cooperation contracts;

recommend further the continued examination-for example within the framework of the United Nations Economic Commission for Europe-of means of improving the provision of information to those concerned on general conditions of industrial cooperation and guidance on the preparation of contracts in this field;

consider it desirable to further improve conditions for the implementation of industrial cooperation projects, in particular with respect to: