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action to secure the above-required written certification from the appropriate foreign authorities. The applications will be held until such certification is received.
Fed. Reg., Vol. 40, No. 144, July 25, 1975, pp. 31209_31211. A new Supplement No. 2 to Part 378, listing nuclear-related commodities, and a new Supplement No. 3 listing countries parties to the NPT are appended to the announcement.
On September 23, 1975, the Maritime Administration issued a report, which appeared in the Federal Register on September 29, 1975, listing vessels that were declared ineligible, under estab lished U.S. Government policy, to carry U.S. Government-financed cargoes from the United States. The named vessels were those which had arrived in Cuba since January 1, 1963, exclusive of vessels that called at Cuba on U.S. Government-approved noncommercial voyages. The list, based on information received through July 1, 1975, included a total of 203 free world and Polish flag vessels, listed by flag and individual name. The Maritime Administration also provided a list of 150 vessels which had called at Cuba after January 1, 1963, and had reacquired eligibility to carry U.S. Government-financed cargoes from the United States by virtue of the persons who control the vessels having given satisfactory certification and assurance:
(a) That such vessels will not, thenceforth, be employed in the Cuban trade so long as it remains the policy of the U.S. Government to discourage such trade; and
(b) That no other vessels under their control will thenceforth be employed in the Cuban trade, except as provided in paragraph (c) and
(c) That vessels under their control which are covered by contractual obligations, including charters, entered into prior to December 16, 1963, requiring their employment in the Cuban trade shall be withdrawn from such trade at the earliest opportunity consistent with such contractual obligations.
See Fed. Reg., Vol. 40, No. 189, Sept. 29, 1975, pp. 44595_44597. For the regulations of the Federal Supply Service of the General Services Administration concerning shipments by foreign flag vessels in Cuban trade, see 41 CFR 5A-19.108-50 and the 1974 Digest, pp. 576–577.
Carriage of Goods by Sea
The U.S. Government, in December 1975, commented favorably on the Draft Convention on Carriage of Goods by Sea prepared by a Working Group on International Legislation on Shipping of the U.N. Commission on International Trade Law (UNCITRAL). The U.S. views, contained in a statement submitted to the SecretaryGeneral of the United Nations, stated that the draft represented a substantial improvement over the International Convention for the Unification of Certain Rules relating to Bills of Lading for the Carriage of Goods by Sea, done at Brussels August 25, 1924 (TS 931; 51 Stat. 233; 2 Bevans 430; entered into force for the United States December 29, 1937, subject to understandings). The draft convention is intended to replace the 1924 Convention and the Brussels Protocol of 1968. The Protocol has not been ratified by the United States and has not entered into force.
The new draft convention contains six parts: general provisions on definitions and scope; liability of the carrier; liability of the shipper; transport documents; claims and actions, including provisions for arbitration; and derogations from the convention.
In its comments the United States suggested, inter alia, that the convention include within its coverage a straight bill of lading, that is, a non-negotiable document which need not be surrendered against delivery of the goods. It also recommended that in circumstances where local law or regulations impose mandatory controls or checks before loading (e.g., the handing over to public weighers, or other types of physical testing), the carrier's liability should not operate while the goods are in charge of the intermediary. It objected to a provision which would permit a carrier to insert a wide exculpatory clause in a bill of lading in circumstances in which the shipper would not know in advance that the contracting carrier would use additional facilities to carry the goods to the port of entry named in the bill of lading.
The UNCITRAL Draft Convention on Carriage of Goods by Sea is contained in the Annex to U.N. Doc. A/CN.9/105. The U.S. comments were forwarded to U.S.U.N. as an enclosure to Dept. of State airgram A-7280, Dec. 4, 1975.
U.S.-U.S.S.R. Maritime Agreement
The United States and the Soviet Union signed a new maritime agreement on December 29, 1975 (TIAS 8195; 26 UST), effective from January 1, 1976, through December 31, 1981, regarding port access and cargo carriage by sea. It specifies 40 ports in each country open to access by all vessels of the other party, subject to four days' advance notice. It recognizes the mutual intention that
national flag vessels will each carry equal and substantial shares of the trade between the two nations, and notes the agreement of the parties to consult within 14 days of a request by either involving application, interpretation, implementation, or amendment of the agreement.
An annex provides general operating rules and bulk cargo rules, and recognizes the right of carriers under the respective flags to enter into commercial arrangements for the service and stabilization of trade between them which shall not unduly prejudice the rights of third-flag carriers to compete for the carriage of controlled cargo. In related notes, the two Governments agreed that the mutually acceptable rate as applied to shipments of agricultural commodities during 1976 would be the rate agreed upon on September 17, 1975 (see ante, Ch. 10, $ 2, p. 540), and that subsequent rates would be negotiated. Each government furnished the other with a detailed memorandum on its port procedures and related matters.
Transport and Tourism At the final session of the Conference on Security and Cooperation in Europe (CSCE), 35 states, including the United States, on August 1, 1975, signed the Final Act of the Conference, which contained, inter alia, principles on the development of transport and the promotion of tourism.
The statement of those principles follows:
Development of transport
The participating states,
Considering that the improvement of the conditions of transport constitutes one of the factors essential to the development of cooperation among them,
Considering that it is necessary to encourage the development of transport and the solution of existing problems by employing appropriate national and international means,
Taking into account the work being carried out on these subjects by existing international organizations, especially by the Inland Transport Committee of the United Nations Economic Commission for Europe,
note that the speed of technical progress in the various fields of transport makes desirable a development of cooperation and an increase in exchanges of information among them;
declare themselves in favor of a simplification and a harmonization of administrative formalities in the field of international transport, in particular at frontiers;
consider it desirable to promote, while allowing for their particular national circumstances in this sector, the harmonization of administrative and technical provisions concerning safety in road, rail, river, air and sea transport;
express their intention to encourage the development of international inland transport of passengers and goods as well as the possibilities of adequate participation in such transport on the basis of reciprocal advantage;
declare themselves in favor, with due respect for their rights and interna
tional commitments, of the elimination of disparities arising from the legal provisions applied to traffic on inland waterways which are subject to interna. tional conventions and, in particular, of the disparity in the application of those provisions; and to this end invite the member states of the Central Commission for the Navigation of the Rhine, of the Danube Commission and of other bodies to develop the work and studies now being carried out, in particular within the United Nations Economic Commission for Europe;
express their willingness, with a view to improving international rail transport and with due respect for their rights and international commitments, to work towards the elimination of difficulties arising from disparities in existing international legal provisions governing the reciprocal railway transport of passengers and goods between their territories;
express the desire for intensification of the work being carried out by existing international organizations in the field of transport, especially that of the Inland Transport Committee of the United Nations Economic Commission for Europe, and express their intention to contribute thereto by their efforts;
consider that examination by the participating states of the possibility of their accession to the different conventions or to membership of international organizations specializing in transport matters, as well as their efforts to implement conventions when ratified, could contribute to the strengthening of their cooperation in this field.
Promotion of tourism The participating states, Aware of the contribution made by international tourism to the development of mutual understanding among peoples, to increased knowledge of other countries' achievements in various fields, as well as to economic, social and cultural
Recognizing the interrelationship between the development of tourism and measures taken in other areas of economic activity,
express their intention to encourage increased tourism on both an individual and group basis in particular by:
encouraging the improvement of the tourist infrastructure and cooperation in this field;
encouraging the carrying out of joint tourist projects including technica! cooperation, particularly where this is suggested by territorial proximity and the convergence of tourist interests;
encouraging the exchange of information, including relevant laws and regulations, studies, data and documentation relating to tourism, and by improving statistics with a view to facilitating their comparability;
-dealing in a positive spirit with questions connected with the allocation of financial means for tourist travel abroad, having regard to their economic possibilities, as well as with those connected with the formalities required for such travel, taking into account other provisions on tourism adopted by the Conference;
-facilitating the activities of foreign travel agencies and passenger transport companies in the promotion of international tourism;
encouraging tourism outside the high season;
examining the possibilities of exchanging specialists and students in the field of tourism, with a view to improving their qualifications;
-promoting conferences and symposia on the planning and development of tourism;
consider it desirable to carry out in the appropriate international framework, and with the cooperation of the relevant national bodies, detailed studies on tourism, in particular:
-a comparative study on the status and activities of travel agencies as well as on ways and means of achieving better cooperation among them;
-a study of the problems raised by the seasonal concentration of vacations, with the ultimate objective of encouraging tourism outside peak periods;
-studies of the problems arising in areas where tourism has injured the environment;
consider also that interested parties might wish to study the following questions:
-uniformity of hotel classification; and
-tourist routes comprising two or more countries; will endeavor, where possible, to ensure that the development of tourism does not injure the environment and the artistic, historic and cultural heritage in their respective countries;
will pursue their cooperation in the field of tourism bilaterally and multilaterally with a view to attaining the above objectives.
For the full text of the Final Act of the CSCE, see Dept. of State Bulletin, Vol. LXXIII, No. 1888, Sept. 1, 1975, pp. 323–350. For reference to other provisions of the Final Act, see index entries, this Digest, under Conference on Security and Cooperation in Europe (CSCE) (1975).
Secretary of State Kissinger included a number of proposals with respect to food production and food security in an address on September 1, 1975, to the Seventh Special Session of the U.N. General Assembly, delivered on his behalf by Ambassador Daniel P. Moynihan, U.S. Representative to the United Nations. Secretary Kissinger's address included the following proposals:
That a World Food Reserve system be created, as a matter of urgency, with the United States holding a major share.
That post-harvest food losses be cut in half by 1985 through a comprehensive program in developing countries.
That the capacity of the Consultative Group for International Agricultural Research and the International Agricultural Research Centers be expanded.
That a new international fund for agricultural development be established at an early date.
Statements of U.S. policy in the Secretary's address are summarized as follows:
The United States would increase university based technical assistance and research in agriculture of developing countries.
The United States would seek $200 million from Congress as a contribution to the International Fund for Agriculture Development provided that others add their support for a combined goal of at least $1 billion.
The United States was asking Congress for authorization to double its bilateral agricultural assistance this year to $582 million and urged other affluent nations to increase their contributions as well.
For the full text of Secretary Kissinger's address to the Seventh Special Session of the U.N. General Assembly, see Dept. of State Bulletin, Vol. LXXIII, No. 1891, Sept. 22, 1975, pp. 425-441; Report by Congressional Advisers to the Seventh Special Session of the U.N., Joint Committee print, 94th Cong., 1st Sess., Oct. 13, 1975, pp. 35–61.