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APPENDIX THREE

Other Documents

PART 1

Statement of the U. S. Delegation Regarding
Definition of the Region in the Treaty

of Rio de Janeiro

1. The proposal introduced by the Mexican Delegation that the Treaty of Rio de Janeiro include a provision regarding the geographical location of armed attacks was revised by Committee II and incorporated in specific texts which appear in paragraph 3 of Article 3, and Article 4, as approved by that Committee.

2. The two provisions cited above-namely, paragraph 3 of Article 3, and Article 4-clarify in geographical terms the cases in which certain other provisions of the treaty become effective. Those other provisions are paragraphs 1 and 2 of Article 3 which state the obligations of the parties regarding armed attacks.

3. The effect of paragraph 3 of Article 3, and Article 4 is simply this:

a. In case an armed attack takes place within the areas referred to in paragraph 3 of Article 3, the contracting parties are obligated to help meet the attack as well as to consult. The nature of the assistance which they are thus pledged to render individually will be determined by each state pending a consultation to decide upon the collective measures required of all. Each state will be governed in determining the nature and extent of its initial assistance by the nature and extent

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of the attack, particularly since the defined region necessarily includes, in addition to the American States themselves, other areas in which an attack might directly threaten American States.

b. In cases of armed attacks outside of the areas referred to in paragraph 3 of Article 3, the parties to the treaty are obligated under Article 6 to consult in order to agree upon measures which should be taken to help the victim of aggression or for the common defense and for the maintenance of inter-American peace and security.

4. The definition of the region in Article 4 has no bearing on the obligations of the parties to the treaty with respect to acts of aggression other than armed attacks, or with respect to threats of aggression, or with respect to any other fact or situation that might endanger the peace of America. No geographic limitations are stipulated with respect to any of the cases covered by Article 6 which establishes a general obligation to consult in order to agree on the measures which should be taken.

5. It is, of course, obvious that the definition of the region has no effect whatsoever upon the sovereignty or national or international status of any of the territories included therein.

6. It is equally obvious that definition of the region subtracts nothing from the rights and obligations stipulated in the Charter of the United Nations, and in fact the treaty adds a new obligation within the defined region.

7. Paragraph 3 of Article 3, and Article 4, therefore, simply define the area within which the parties to the treaty are obligated to assist in meeting armed attacks. Those provisions do not affect other obligations of the treaty, nor do they in any way modify the concepts of armed attack or aggression, or threats of aggression, or situations that might endanger the peace of the Americas. The general principle stands firm that an armed attack on any American State is an attack on all.

8. Finally, definition of this region in no way impairs the fundamental and well-established principle of inter-American solidarity for the defense not only of the territories of the American states, but also of their principles of international relations which include the general condemnation of the crime of aggression anywhere and the desire to promote the peace and security of the entire world.

PART 2

Conference Documents

PROGRAM AND REGULATIONS OF THE CONFERENCE

PROGRAM

Resolution Approved by the Governing Board of the Pan American Union at the Session of September 13, 1945

1. That the Governing Board express its full concurrence with the suggestion of the Brazilian Government that the program of the Conference be:

The preparation of an inter-American treaty of reciprocal assistance, to give permanent form to the principles embodied in the "Act of Chapultepec."

2. That the Governing Board approve the attached project of regulations. This project is based on the regulations that govern the International' Conferences of American States, as well as those that were adopted for the Inter-American Conference on Problems of War and Peace, with such minor changes as are required to meet the specialized character of the Rio de Janeiro Conference.

3. In view of the desire that has been expressed by several Governments that the question of the organization of the Governing Board of the Pan American Union receive further consideration, and considering the fact that the Ninth International Conference of American States is to prepare a basic charter on the organization of the interAmerican system, the following proposal is submitted for the action of the Board:

(a) That the members of the Governing Board, who so desire, either at the next meeting of the Board or in communications to the Director General, express the views of their respective Governments with regard to the contemplated change in the organization of the Board.

(b) That these views be transmitted to the Governments as well as to the Inter-American Conference for the Maintenance of Continental Peace and Security, for such action as may be deemed appropriate with respect to this question.

REGULATIONS

Chapter I

PERSONNEL OF THE CONFERENCE

Art. 1. The delegates to the Inter-American Conference for the Maintenance of Continental Peace and Security shall be the representatives named by the Governments of the American Republics. They shall be invested with due powers by means of credentials issued by their respective Governments, or official communications of their Ministers of Foreign Affairs to the Foreign Ministry of Brazil.

Art. 2. The delegates may be accompanied by such counselors, technical advisers and secretaries as each Government may wish to appoint. Art. 3. The Director General of the Pan American Union or his representative shall be considered a delegate ex officio of the Conference, but without the right to vote.

Chapter II

PREPARATORY SESSION

Art. 4. Prior to the first plenary session a preparatory session of the Chairmen of delegations shall be held at which the following questions shall be considered:

a) Election of the President of the Conference;

b) Designation of the Committee on Credentials;

c) Designation of the Committees of the Conference;

d) Establishment by drawing lots of the order of precedence of the delegations;

e) Closing date of the Conference;

f) Miscellaneous.

Chapter III

OFFICERS OF THE CONFERENCE

PRESIDENT

Art. 5. The Minister of Foreign Affairs of Brazil shall preside over the preparatory session during which the President of the Conference shall be elected.

Art. 6. The President of the Conference shall be elected by a vote of the absolute majority of the States represented at the Conference.

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Art. 7. The duties of the President of the Conference shall be:

a) To preside at the meetings of the Conference and to submit for consideration in their regular order the subjects contained in the order of the day.

b) To concede the floor to the delegates in the order in which they may have requested it.

c) To decide all questions of order raised during the debates of the Conference. Nevertheless, if any delegate shall so request, the ruling made by the chair shall be submitted to the Conference for decision.

d) To call for votes and to announce the result of the vote to the Conference.

e) To transmit to the delegates in advance, through the Secretary General, the order of business of each plenary session.

f) To direct the secretary, after the approval of the minutes, to lay before the Conference such matters as may have been presented since the last meeting.

VICE PRESIDENTS

Art. 8. The Chairmen of delegations shall be ex officio Vice Presidents of the Conference. In the absence of the President they shall be called to occupy the chair in the order of precedence determined by lot at the preparatory session of the Conference.

SECRETARY GENERAL

Art. 9. The Secretary General of the Conference shall be appointed by the President of the Republic of Brazil.

Art. 10. The duties of the Secretary General shall be:

a) To organize, direct, and coordinate the work of the assistant secretaries, secretaries of committees, interpreters, clerks and other employees which the Government of Brazil may appoint for service with the secretariat of the Conference.

b) To receive, distribute, and answer the official correspondence of the Conference.

c) To prepare, or cause to be prepared under his supervision the minutes of the meeting in conformity with the notes the secretaries shall furnish him; and to distribute among the delegates, before each session, copies of the minutes of the previous session.

d) To prepare the order of the day in conformity with the instructions of the President.

e) To be the intermediary between the Brazilian authorities and the delegations or members thereof, in matters relating to the Conference.

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