13. Urges that assistance to developing countries should be increased in accordance with the goals of the Second United Nations Development Decade and that international assistance in the population field should be expanded, particularly to the United Nations Fund for Population Activities, for the proper implementation of the World Population Plan of Action.

On December 3, 1974, the Senate passed a resolution (S. Res. 440) with respect to population growth and food shortages, and U.S. obligations in these areas. The resolution is as follows:

Whereas, it is the sense of the Senate that current and projected food shortages around the globe are aggravated by rapid world population growth, that national and international policies on food production, storage, and distribution and on population growth should be developed in order to accelerate economic and social progress in the developing nations and to improve the quality of life for all people, and that the United States, having participated in the development of such policies at the United Nations-sponsored World Food Conference and World Population Conference, should continue to cooperate fully with other nations in the implementation of those policies;

Whereas, in the past year, world grain reserves have reached record low levels, food prices have reached near record high levels, and adequate nutrition has become increasingly difficult for poor people in all nations to obtain; and

Whereas famine is now a grim reality for millions of people in several areas of the world and critical food shortages are now threatening the quality of life for additional millions around the world as the incidence of hunger and malnutrition reaches epidemic proportions; and

Whereas the world population of nearly four billion people currently increases by seventy-five million people annually and is expected to double in the next thirty years; and

Whereas rapid population increase has a critical impact on the already limited supplies of food and other resources and hampers individuals, families, and governments in their efforts to attain adequate diets and higher levels of economic and social development; and

Whereas projected increases in food supplies, when measured against current global rates of population increase, offer little possibility that the substandard dietary intake of millions of people in all parts of the world can be improved; and

Whereas the United Nations has designated 1974 as World Population Year and has sponsored both the World Population Conference and the World Food Conference this year out of concern over the increasingly critical international problems of food shortages and rapid population growth:

Now, therefore, be it resolved, That it is hereby declared to be the sense of the Senate that

(1) the United States should continue to assist in meeting the growing economic and human crises in many developing countries both by taking steps to help meet the immediate threat of famine

where it exists and by making available its fair share of the means and technology for these countries to increase their own food production; and

(2) the United States should take steps to help achieve international agreements on a system of food reserves sufficient to meet emergencies wherever they may arise and to provide insurance against unexpected shortfalls in food production; and

(3) since an increase in the standard of living of people in the developing nations, through expanded economic and social opportunities, is a necessary component of any program to promote a decline in population growth rates, the United States along with other developed countries, should continue and increase both bilateral and multilateral aid to promote social and economic devel opment and to assist in implementing population programs in developing countries in accordance with their requests; and

(4) in the United States, as well as in other nations, governmental and private sector programs providing information and guidance to assist persons to make voluntary, free and responsible decisions on the number and spacing of their children should continue to be encouraged; and

(5) the United States should encourage the efficient use and equitable distribution of food and other resources worldwide; and

(6) the designation by the United Nations of 1974 as World Population Year is welcome, as is the establishment of a National Commission for the Observance of World Population Year to promote within the United States a better understanding of the causes, nature, scope, and consequences of the problem of population growth, both national and international, and the relationship of this problem to the quality of human life; and

(7) the active participation of the United States delegations to the World Population Conference and World Food Conference in the elaboration of an effective world population plan of action and of comprehensive and constructive world food policies for recommendation to the respective governments is commended; and

(8) the United States should continue to cooperate fully with other nations in the implementation of the agreements reached at the World Population Conference and the World Food Conference wherever and whenever possible.

Cong. Rec., Vol. 120, No. 167, Dec. 3, 1974, p. S 20447. See also this Chapter, § 10, supra, pp. 577-581.

§ 12

Economic Sanctions

Aviation

Southern Rhodesia

On January 17, 1974, B. Keith Huffman, Jr., Assistant Legal Adviser for African Affairs, Department of State, wrote a letter to Gerald J. Turner, Chief Counsel of the Federal Aviation Administra

tion, concerning interline arrangements between Air Rhodesia and other U.S. carriers. Mr. Huffman addressed the question whether U.S. air carriers were prohibited from ticketing passengers on flights of airline companies constituted in Southern Rhodesia by virtue of paragraph 6 of U.N. Security Council Resolution 253 of May 29, 1968, Executive Order 11419 (July 29, 1968), and Special Federal Aviation Regulations 21 (September 18, 1968).

In Resolution 253, the Security Council decided "that all States Members of the United Nations shall prevent airlines and companies constituted in their territories and aircraft of their registration or under charter to their nationals from operating to or from Southern Rhodesia and from linking up with any airline company constituted or aircraft registered in Southern Rhodesia." Executive Order 11419, implementing U.S. obligations under the mandatory resolution prohibits "Operation of any United States air carrier . . . in coordination with any airline company constituted . . . in Southern Rhodesia." (Section 1(g).) The relevant FAA regulations implementing the Executive Order provide that "No U.S. air carrier may operate any aircraft. . . in coordination with any airline company constituted . . . in Southern Rhodesia, whether by connecting flight, interline agreement, block booking, ticketing or any other method of linking up." (SFAR-21, Sec. 3(c).)

Concerning Resolution 253 and Executive Order 11419, Mr. Huffman wrote, in pertinent part:

A general purpose of the U.N. sanctions program against Southern Rhodesia is to isolate economically the Southern Rhodesian regime in order to bring about a cessation of the present rebellion there. This goes beyond the mere prohibition of imports and exports of products. It extends to any international economic relationship which would assist the Southern Rhodesian regime or businesses there. Thus Article 6 of Security Council Resolution 253 prohibits airline companies from operating to or from Southern Rhodesia or from economically assisting airlines constituted in Southern Rhodesia. Ticketing passengers on airlines such as Air Rhodesia would be contrary to the purpose of the economic sanctions and directly inconsistent with Article 6 of Resolution 253.

The files of this office indicate clearly that Resolution 253 and Executive Order 11419 were intended to prohibit such ticketing, among other practices. Great Britain, the principal author of Resolution 253, informed us at the time of passage that the prohibitions in Article 6 of that Resolution against "linking up" with airlines constituted in Southern Rhodesia apply to the sale or booking by airlines of air passage for passengers on flights operated by Rhodesian carriers. We have been advised that this continues to be the

position of Great Britain. In the drafting of Executive Order 11419 this Department specifically confirmed this intention with the British Government. Thus, notwithstanding any possible lack of clarity in the terms "linking up" or "operating in coordination" in the Resolution and Executive Order, the drafters of that Order clearly intended to prohibit United States airline companies from selling tickets for carriage on Air Rhodesia.

*

In a letter dated March 15, 1974, to William Caldwell, Director of the Bureau of Operating Rights, Civil Aeronautics Board, Mr. Huffman said that "the continued operation of the . . . interline agreements approved by the Board could raise questions regarding the U.S. Government's compliance with its international legal obligations. Accordingly, the Department of State requests that the Board consider whether the continued validity of the interline agreements between Air Rhodesia and U.S. carriers is within the public interest as defined in Section 412 of the Federal Aviation Act."

Dept. of State File Nos. P74 0064-0191 and P74 0064-0193. Section 412 of the Federal Aviation Act (72 Stat. 770; 49 U.S.C. 1382) provides:

(a) Every air carrier shall file with the Board a true copy, or, if oral, a true and complete memorandum, of every contract or agreement (whether enforceable by provisions for liquidated damages, penalties, bonds, or otherwise) affecting air transportation and in force on the effective date of this section or hereafter entered into, or any modification or cancellation thereof, between such air carrier and any other air carrier, foreign air carrier, or other carrier for pooling or apportioning earnings, losses, traffic, service, or equipment, or relating to the establishment of transportation rates, fares, charges, or classifications, or for preserving and improving safety, economy, and efficiency of operation, or for controlling, regulating, preventing, or otherwise eliminating destructive, oppressive, or wasteful competition, or for regulating stops, schedules, and character of service, or for other cooperative working arrangements. (b) The Board shall by order disapprove any such contract or agreement, whether or not previously approved by it, that it finds to be adverse to the public interest, or in violation of this Act, and shall by order approve any such contract or agreement, or any modification or cancellation thereof, that it does not find to be adverse to the public interest, or in violation of this Act; except that the Board may not approve any contract or agreement between an air carrier not directly engaged in the operation of aircraft in air transportation and a common carrier subject to the Interstate Commerce Act, as amended, governing the compensation to be received by such common carrier for transportation services performed by it.

On June 4, 1974, Mr. Turner wrote to the Presidents of all U.S. air carriers operating large aircraft. He said, in pertinent part:

*

We are writing to you as well as the Presidents of all U.S. air carriers operating large aircraft. Our attention has been drawn to a number of alleged violations of Special Federal Aviation Regulation 21 (SFAR 21). SFAR 21 implemented Executive Order 11419 (July 29, 1968) which was itself promulgated pursuant to

United Nations Security Council Resolution 253, adopted on May 20, 1968. SFAR 21 deals with certain prohibited transactions with Southern Rhodesia and provides in Section 2:

"(c) No U.S. air carrier may operate any aircraft, and no person may operate any aircraft owned or chartered by any person subject to the jurisdiction of the United States or registered under the laws of the United States

(1) To or from Southern Rhodesia; or

(2) In coordination with any airline company constituted, or aircraft registered, in Southern Rhodesia, whether by connecting flight, interline agreement, block booking, ticketing, or any other method of linking up.

(d) The prohibitions in this section apply to the owner, lessee, operator, or charterer of the aircraft, and any other officer, employee, or agent of any of them who participates in the prohibited carriage or operation.

(e) Any carriage or operation the purpose or effect of which is to evade any prohibition of this section is also prohibited."

Executive Order 11419, dated July 29, 1968, assigns the responsibility to enforce this provision to the Department of Transportation, which in turn has delegated it to the Federal Aviation Administration.

We are particularly concerned with interline agreements, both bilateral and multilateral, with Air Rhodesia. We are equally concerned with the activities of airline travel agents which ticket on Air Rhodesia. A series of investigations has been initiated.

We solicit your assistance in ensuring that—Airlines operates in full conformity with SFAR 21.

Dept. of State File L/AF.

On May 17, 1974, the Department of the Treasury announced that the Office of Foreign Assets Control had revoked the license issued to Mr. Renton Cowley which authorized use of unblocked Rhodesia funds to operate an Air Rhodesia Office in New York City. Mr. Cowley also represents the Rhodesian National Tourist Board.

The license was issued under the Rhodesia Sanctions Regulations of November 1, 1971 (31 CFR 530), on the basis of Mr. Cowley's written statement that his activities consisted solely of public dissemination in the United States of general information about Rhodesia.

The revocation was based on a determination that Mr. Cowley had engaged in activities which were outside the scope of the license. These included the export of clothing for commercial use in Southern Rhodesia and other unauthorized transactions. He had also represented a private Southern Rhodesia travel agency called "United Touring Company Limited" without authorization from the Office of Foreign Assets Control.