The negative votes were those of Byelorussian S.S.R., China, Costa Rica, Czechoslovakia, Denmark, Dominican Republic, France, Honduras, Lebanon, Liberia, Nicaragua, Norway, Philippine Commonwealth, Ukrainian S.S.R., Union of South Africa, U.S.S.R., United Kingdom, U.S.A., Uruguay, Yugoslavia.

The abstentions were those of Argentina, Belgium, Bolivia, Canada, Ethiopia, Greece, Guatemala, India, Iraq, Luxembourg, Peru, Saudi Arabia, Syria, Turkey, Venezuela.

The Delegate of El Salvador stated at the next meeting of Committee III/1 that he regretted that he was unable to be present when the vote on the Australian amendment was taken and that, if he had been present, he would have voted in favor of the amendment.

The original text of Section C was then put to a vote at the twentieth meeting on June 13, 1945. This was done by a show of hands concerning paragraphs 1 and 2. The vote on paragraph 3 was taken by roll call due to a motion presented by the Honorable Delegate of Belgium.

Paragraph 1 of Section C was adopted unanimously by an affirmative vote of 33.

Paragraph 2 of Section C was adopted by 30 affirmative votes to 1 negative vote.

Paragraph 3 of Section C was adopted by a roll-call vote which was registered as follows: 30 affirmative and 2 negative votes, 15 abstentions and 3 absences.

The affirmative votes were those of Brazil, Byelorussian S.S.R., Canada, China, Costa Rica, Czechoslovakia, Denmark, Dominican Republic, Ethiopia, France, Greece, Honduras, India, Iraq, Lebanon, Liberia, Luxembourg, Nicaragua, Norway, Philippine Commonwealth, Syria, Turkey, Ukrainian S.S.R., Union of South Africa. Union of Soviet Socialist Republics, United Kingdom, United States of America, Uruguay, Venezuela, and Yugoslavia.

The negative votes were those of Colombia and Cuba. The respective Delegates presented written statements explaining their attitude. The abstentions were those of Argentina, Australia, Belgium, Bolivia, Chile, Egypt, El Salvador, Guatemala, Iran, Mexico, Netherlands, New Zealand, Panama, Paraguay, and Peru.

The absent representatives were those of Ecuador, Haiti, and Saudi Arabia. The Delegate of Haiti subsequently wrote a letter to the Chairman stating that he had been unavoidably absent, but if present would have voted favorably.

SECTION D OF CHAPTER VI

Committee III/1 began the study and discussion of Section D, Chapter VI, of the Dumbarton Oaks Proposals, on May 22, 1945, at the twelfth meeting of the Committee.

The first paragraph of Section D, Chapter VI, reads as follows:

1. The Security Council should be so organized as to be able to function continuously and each state member of the Security Council should be permanently represented at the headquarters of the Organization. It may hold meetings at such other places as in its judgment may best facilitate its work. There should be periodic meetings at which each state member of the Security Council could if it so desired be represented by a member of the government or some other special representative.

Only one amendment had been proposed to this paragraph to the effect that the Security Council should meet every three months. The comment was also made that the text of paragraph 1 of Section B, as already quoted, gave rise to doubts concerning the continuity of the meetings of the Security Council or their periodicity.

After a short debate concerning these questions, the original text of the paragraph was adopted without change. A question of drafting proposed by the Honorable Delegate of Norway in regard to the second sentence of the same paragraph 1 was referred to the drafting committee.

The second paragraph of Section D, Chapter VI, of the Dumbarton Oaks Proposals, has the following text:

2. The Security Council should be empowered to set up such bodies or agencies as it may deem necessary for the performance of its functions including regional subcommittees of the Military Staff Committee.

A single amendment to this paragraph had been proposed by the four sponsoring powers in order to delete the last part of the paragraph consisting of the following words: "including regional subcommittees of the Military Staff Committee". The amendment was adopted.

The third paragraph of Section D, Chapter VI, has the following text:

3. The Security Council should adopt its own rules of procedure, including the method of selecting its President.

No amendment affecting this paragraph had been presented; and when a vote was taken, the paragraph was adopted without change by the Committee.

The text of paragraph 4 of Section D, Chapter VI, is as follows:

4. Any member of the Organization should participate in the discussion of any question brought before the Security Council whenever the Security Council considers that the interests of that member of the Organization are specially affected.

The text of the following paragraph, namely paragraph 5, Section D, Chapter VI, of the Dumbarton Oaks Proposals, is the following:

5. Any member of the Organization not having a seat on the Security Council and any state not a member of the Organization, if it is a party to a dispute under consideration by the Security Council, should be invited to participate in the discussion relating to the dispute.

I have quoted in immediate succession paragraphs 4 and 5 because both refer to those cases in which in the discussions of the Security Council a temporary participation of non-members of the Council is permitted.

The amendments presented to the consideration of the Committee concerning paragraphs 4 and 5 of Section D included the following propositions:

(a) recognition to the parties to a controversy of an equal status to that which corresponds to the titular member of the Security Council;

(b) invitation to any member of the United Nations not represented on the Security Council to send a representative to sit as a member of the Council during the consideration of matters affecting its interests; (c) to add to paragraph 5 the following sentence: "In the case of a nonmember, the Security Council should lay down such conditions as it may deem just for the participation of such a non-member";

(d) invitation to any state, whether or not a member of the United Nations, to send a representative to sit as a member of the Security Council during the consideration of any dispute affecting that state;

(e) to extend a similar invitation to any state, even though it is not a party to the dispute, whenever the decisions that might be taken thereon would affect it;

(f) to place all parties to a dispute on the same basis;

(g) that it should be sufficient, in order to establish that a member of the Organization has to be afforded the opportunity to take part in the discussions of the Security Council on questions affecting specially the interests of such a member, to have the concurring opinions of two members of the Council and of the interested member of the Organization;

(h) that the same should be provided for cases contemplated in paragraph 5 of Section D, Chapter VI;

(i) that a special minority of members should be sufficient to enable a state interested in a question to take part in the discussion of same in the Security Council, without having the right to vote;

(j) that a state not represented in the Security Council and a party to a controversy should be entitled to participate, without any right to vote, in the discussions of the Council relating thereto; and

(k) that parties to a dispute, whether members of the Security Council or not, should have in the Council the same position in regard to discussion and voting.

The addition to the text of paragraph 5, which I have mentioned under letter c, was proposed by the four sponsoring powers, and Committee III/1 adopted it and incorporated same to that paragraph, as a basis for discussion. Later on this addition was finally adopted by the Committee; and, as a result, paragraph 5, Section D, as approved by the Committee, has the following text:

5. Any member of the Organization not having a seat on the Security Council and any state not a member of the Organization, if it is a party to a dispute under consideration by the Security Council, should be invited to participate in the discussion relating to the dispute. In the case of a nonmember, the Security Council should lay down such conditions as it may deem just for the participation of such a non-member.

Some of the other amendments to both paragraphs 4 and 5 of Section D were referred for study and consideration to Subcommittee III/1/B. A number of these amendments were withdrawn. Only one amendment, submitted by Canada, the substance of which is given in subparagraph k, came to a vote in Committee III/1 and was lost by a vote of 19 to 10. This amendment included also the ideas put forward by the honorable Delegates of the Netherlands and Liberia. The text of paragraph 4 of Section D was adopted by Committee III/1 without any change. The text of paragraph 5, as approved by the Committee, has already been given.

Section D, Chapter VI, of the Dumbarton Oaks Proposals, as finally approved by Committee III/1, has the following text:

Section D. Procedure

1. The Security Council should be so organized as to be able to function continuously and each state member of the Security Council should be permanently represented at the headquarters of the Organization. It may hold meetings at such other places as in its judgment may best facilitate its work. There should be periodic meetings at which each state member of the Security Council could if it so desired be represented by a member of the government or some other special representative.

2. The Security Council should be empowered to set up such bodies or agencies as it may deem necessary for the performance of its functions.

3. The Security Council should adopt its own rules of procedure, including the method of selecting its President.

4. Any member of the Organization should participate in the discussion of any question brought before the Security Council whenever the Security Council considers that the interests of that member of the Organization are specially affected.

5. Any member of the Organization not having a seat on the Security Council and any state not a member of the Organization, if it is a party to a dispute under consideration by the Security Council, should be invited to participate in the discussion relating to the dispute. In the case of a nonmember, the Security Council should lay down such conditions as it may deem just for the participation of such a non-member.

REPORTS BY THE SECURITY COUNCIL TO THE GENERAL ASSEMBLY The Steering Committee had referred to Committee III/1 two important matters. One of them concerns the submission of reports of the Security Council to the General Assembly. Subcommittee III/1/C was organized in order to study this question in consultation with the appropriate subcommittee of Committee II/2.3 As a result of the work of these two subcommittees a redraft of paragraph 8, Section B, Chapter V, was adopted by Committee II/2 with slight modifications. This text, as already modified, was submitted to Committee III/1, together with the text of an interpretation already adopted by Committee II/2. After the necessary discussion, Committee III/1 adopted by 34 votes the text of paragraph 8, Section B, Chapter V, and also the interpretation with respect to that paragraph approved by Committee II/2. The text of the new paragraph 8, as approved by Committee III/1, is as follows:

8. The General Assembly should receive and consider annual and special reports from the Security Council; such reports should include an account of the measures which the Security Council has adopted or applied to maintain international peace and security.

The General Assembly should receive and consider reports from the other bodies of the Organization.

The interpretation adopted is the following:

That paragraph 8 does not limit in any way the powers of the Assembly set forth in paragraphs 1 and 6, and consequently when the General Assembly is considering reports from the Security Council it may exercise the powers of discussion and recommendation stated in those paragraphs.

ELECTION OF THE SECRETARY-GENERAL

The second matter referred by the Steering Committee to Committee III/1 has to do with the election of the Secretary-General. The Committee was specially requested to consider the words "made by an affirmative vote of seven members" in the proposed text of paragraph 4, Section B, Chapter V, of the Dumbarton Oaks Proposals, as approved by Committee II/1 on May 25, 1945.

As Committee III/1 had already adopted the original text of Section C, Chapter VI, of the Dumbarton Oaks Proposals, as complemented at the Crimea Conference, it was not deemed necessary to adopt any special provision concerning the intervention of the

Security Council in the election of the Secretary-General, which it was felt should be made in accordance with Section C in so far as the Security Council is concerned.

MEMORANDUM

TO MEMBERS ON SUBCOMMITTEE 111/1/B of the DELEGATIONS OF CHINA, UNITED KINGDOM, UNION OF SOVIET SOCIALIST REPUBLICS, AND UNITED STATES OF AMERICA FROM SECRETARY OF SUBCOMMITTEE III/1/B

Doc. 855, June 8

Questionnaire on Exercise of Veto in Security Council

At the meeting on May 19, 1945 of Subcommittee III/1/B it was agreed that representatives of delegations other than those of the sponsoring governments (China, Union of Soviet Socialist Republics, United Kingdom, United States of America) would submit a list of questions respecting the Dumbarton Oaks Proposals and the amendments thereto proposed by the four sponsoring governments respecting the exercise of veto in the Security Council, which questions were to be collated by the Committee secretariat and submitted for answer to the delegates of the sponsoring governments who are members of Subcommittee III/1/B.

By noon May 21 (the time-limit agreed on) all of the representatives concerned filed their questions or indicated they had no additional ones to submit over and above those presented by others. The questions filed on the above subject accordingly have been consolidated into the attached questionnaire. Certain questions on points not pertaining strictly to the exercise of veto have been omitted from this questionnaire.

QUESTIONNAIRE ON EXERCISE OF VETO IN SECURITY COUNCIL

Note. It is provided under Chapter VI, C, paragraph 3, that in all questions under VIII, A, a party to a dispute shall abstain from voting. Therefore unless otherwise indicated the veto referred to in each question below is the veto of a permanent member who is not a party to a dispute.

Under new paragraph 1 of Chapter VIII (A), prepared by the sponsoring governments

Without prejudice to the provisions of paragraphs 1-5 below, the Security Council should be empowered, if all the parties so request, to make recommendations to the parties to any dispute with a view to its settlement in accordance with the principles laid down in Chapter II, Paragraph S.

(1) If the parties to a dispute request the Security Council to make recommendations with a view to its settlement, would the veto be applicable to a decision of the Security Council to exercise its power to investigate the dispute for that purpose?

Answer:

(2) If the Security Council has investigated a dispute under this paragraph, would the veto be applicable to a decision of