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paramedical personnel; and a substantial U.S. contribution to the World Food Conference target of 10 million tons in food aid to developing countries.
See Report by Congressional Advisers to the Seventh Special Session of the United Nations, Joint Committee print, 94th Cong., 1st Sess., Oct. 13, 1975, pp. 4–5. The International Development and Food Assistance Act of 1975 (P.L. 94–161; 89 Stat. 849; 22 U.S.C. 2151 note) was approved Dec. 20, 1975.
The United States, the United Kingdom, and the Federal Republic of Germany voted against Resolution 3486 (XXX) on the Charter of Economic Rights and Duties of States, adopted by the U.N. General Assembly on December 12, 1975, by a vote of 114 to 3, with 11 abstentions. The resolution reiterates the determination to strengthen “the new international economic order," based on the Declaration and Program of Action on the Establishment of a New International Economic Order (G.A. Res. 3201 and 3202 (S-VI)) and on the Charter of Economic Rights and Duties of States (G.A. Res. 3281 (XXIX)).
For the U.S. position with respect to the Declaration and Program of Action and a statement of its opposition to the Charter, see the 1974 Digest, pp. 490-505.
Postwar Assistance to Indochina
Secretary of State Henry A. Kissinger was asked in a news conference on April 29, 1975, whether he favored American aid in rebuilding North Viet-Nam or South Viet-Nam. The question came as a follow-up to the Secretary's statement that as far as the United States was concerned, there were not many provisions of the Paris Agreement on Ending the War and Restoring Peace in Viet-Nam (TIAS 7542; 24 UST 1; entered into force January 27, 1973) that were still relevant. The Secretary replied:
I do not favor American aid for rebuilding North Viet-Nam.
With respect to South Viet-Nam, we will have to see what kind of government emerges and indeed whether there is going to be a South Viet-Nam. We would certainly look at particular humanitarian requests that can be carried out by humanitarian agencies, but we do believe that the primary responsibility should fall on those who supply the weapons for this political change.
Dept. of State Bulletin, Vol. LXXII, No. 1873, May 19, 1975, pp. 627–628.
The United States anticipates that this Agreement will usher in an era of reconciliation with the Democratic Republic of Viet-Nam as with all the peoples of Indochina. In pursuance of its traditional policy, the United States will contribute to healing the wounds of war and to postwar reconstruction of the Democratic Republic of Viet-Nam and throughout Indochina.
The Economic and Social Council of the United Nations (ECOSOC), 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.
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.
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
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;