1961
Belgium — United States Treaty
Executive J — Ratified September 11, 1961
The Senate unanimously ratified Executive J, a treaty of friendship, establishment, and navigation between the United States and the United Kingdom of Belgium, together with a related protocol.
The purpose of the treaty is to provide protection for property and interests of American citizens and companies in Belgium and to assure fair and nondiscriminatory treatment with respect to engaging in commercial, industrial, and financial activities in those countries, in return for like assurances in the United States.
Brazil — Extradition Treaty
Executive H — Ratified May 16, 1961
The Senate unanimously ratified Executive H, a treaty of extradition between the United States and Brazil, signed at Rio de Janeiro on January 13, 1961.
Columbia River Basin Treaty
Executive C — Ratified March 16
The Senate, with one dissenting vote, approved ratification of a treaty between the United States and Canada, signed at Washington January 17, 1961. The treaty is designed to insure that water resources of the Columbia River Basin will be developed so that Canada and the United States will derive the maximum advantage in hydro-electric power, in flood control and other benefits.
Geneva Radio Regulations
Executive I — Ratified September 25, 1961
The Senate unanimously ratified Executive I, the Geneva Radio Regulations, containing a number of provisions relating to the international regulation of radio communication, signed for the United States at Geneva on December 21, 1959.
The purpose of the 1959 Radio Regulations is to replace those which were adopted at Atlantic City in 1947 and approved by the Senate in 1948. Approval of these new regulations will materially assist the United States in carrying out its scientific efforts in radio astronomy and space research. The regulations are highly technical and relate largely to the following four main work areas: frequency allocations, frequency management procedures, technical regulations, and operating regulations.
German Bonds Treaty
Executive D — Ratified May 4, 1961
The Senate ratified Executive D, 87th Congress, 1st session, the second agreement between the United States and the Federal Republic of Germany regarding certain matters arising from the validation of German dollar bonds, signed at Bonn on August 16, 1960.
This second agreement provides for validation of East German dollar bonds to enable owners of these bonds to establish that they were acquired from legitimate sources and were not acquired directly or indirectly as a consequence of Soviet sources of bonds in Berlin at the close of World War II. The agreement provides that once the validity of these bonds is established, certain procedures may be followed by the holders to negotiate the bonds or receive payment from assets originally pledged as security for their issuance.
International Telecommunications Convention
Executive J —Ratified September 25, 1961
The Senate unanimously ratified Executive J, which continues in effect the principal provisions of the International Telecommunications Convention, signed at Buenos Aires in 1952 and approved by the Senate in 1955.
Load Line Convention
Executive I — Ratified May 16, 1961
The Senate unanimously ratified Executive I, a modification of article 3(e) of the International Load Line Convention of 1930. The modification was proposed by the Government of the United Kingdom of Great Britain and Northern Ireland on May 31, 1949.
OECD
Executive E — Ratified March 16, 1961
The Senate ratified the Convention on the Organization for Economic Cooperation and Development, together with two protocols, signed at Paris December 14, 1960.
The convention creates the Organization for Economic Cooperation and Development (OECD), an organization consisting of the 18 European members that comprised the OEEC (Organization for European Economic Cooperation), plus the United States and Canada.
Oil Pollution Treaty
Executive C — Ratified May 16, 1961
The Senate unanimously ratified Executive C, the International Convention for the Prevention of Pollution of the Sea by Oil, signed at London, May 12, 1954.
Vietnam-United States Treaty
Executive J — Ratified September 11, 1961
The Senate unanimously ratified the treaty of amity and economic relations between the United States and the Republic of Vietnam, a treaty designed to provide protection for property and interests of American citizens and companies in Vietnam and to assure fair and nondiscriminatory treatment with respect to engaging in commercial, industrial, and financial activities in those countries, in return for like assurances in the United States.
1962
Canada — Tax Convention
Executive G — Ratified January 31, 1962
The Senate unanimously approved a convention between the United States and Canada, signed at Washington, February 17, 1961, to replace a prior convention with Canada signed on June 8, 1944, and modified in 1950 and rendered inoperative by Canada's new Estate Tax Act of 1959. The Canadian Estate Tax Act of 1959 imposes an estate tax similar to that imposed by the United States.
International Atomic Energy Agency
Executive A — Ratified March 13, 1962
The Senate by a unanimous vote ratified an amendment to the statute of the International Atomic Energy Agency, approved by the General Conference of the Agency on October 4, 1961.
International Civil Aviation Convention — Amendment
Executive N — Ratified January 31, 1962
An amendment to the Convention on International Civil Aviation of 1944 was adopted unanimously by the Senate. The amendment increased the size of the ICAO Council from 21 to 27 members.
International Wheat Agreement Extension
Executive D — Ratified July 9, 1962
The Senate ratified a 3-year extension of the International Wheat Agreement.
Solas Convention
Executive K — Ratified April 12, 1962
The Senate by a unanimous vote of 73 to 0, ratified the International Convention for Safety of Life at Sea, dated at London, June 17, 1960, and signed by the United States and 39 other governments.
World Meteorological Organization
Executive F — Ratified March 13, 1962
The Senate unanimously adopted amendments to the Convention of the World Meteorological Organization as embodied in resolutions adopted at the Third Congress of the Organization held at Geneva, from April 1 to 28, 1959.
1963
Brazil — Protocol to Extradition Treaty
Executive F — Ratified October 21, 1963
The Senate unanimously ratified an additional protocol to the treaty of extradition of January 13, 1961, between the United States and Brazil.
This protocol was requested by Brazil to clarify article VII of the original agreement. Under the Brazilian Constitution and extradition law, the extradition of Brazilian nationals is prohibited, and the effect of the protocol is to make it clear that Brazil has no obligation to surrender its nationals. Brazil has not ratified the 1961 treaty and considers U.S. approval of this protocol as a prerequisite for submission of the original treaty to the Brazilian Congress.
The United States considers an extradition treaty with Brazil of extreme importance since there are at the present time a number of important fugitives from the United States in Brazil, and this treaty will make it possible to bring these fugitives to justice.
Chamizal Treaty — Mexico
Executive N — Ratified December 17, 1963
Ratified the convention with Mexico to settle the 99-year boundary dispute over the Chamizal district in the El Paso-Ciudad Juarez region of the United States and Mexican boundary by providing for an exchange of land resulting in a net transfer of 437.18 acres to Mexico.
The Treaty of Guadalupe Hidalgo of 1848 between the Untied States and Mexico established the boundary line from the Gulf of Mexico to the southern boundary of New Mexico as the middle of the deepest channel of the Rio Grande. The survey of 1852, establishing the international boundary, has never been in dispute; however, after 1852, the river channel moved gradually in a southern direction at El Paso because the river eroded the Mexican bank and built up the American side by accretion. Due to a major flood in 1864, the river moved considerably south and Mexico has since claimed that this abrupt shift did not change the international boundary . Over the years numerous attempts were made to reconcile and arbitrate the Chamizal boundary issue. By a protocol in 1910, the dispute over the title of the Chamizal tract was referred to the International Boundary Commission and by the Commission's decision in 1911, a part of the Chamizal tract was awarded to Mexico. The U.S. member dissented to the award and the United States failed to put it into effect. All subsequent administrations have tried to settle this dispute.
In June of 1962, President Kennedy and President Adolfo Lopez Mateos announced they had agreed to instruct their executive agencies to recommend a complete solution. This treaty is the result of recommendations of the U.S. Department of State and the Mexican Ministry of Foreign Relations.
The acreage now accepted by the United States and Mexico as that awarded in 1911 to Mexico by 437.18 acres, and that is the actual amount of land Mexico would receive under the treaty. In the treaty, both Governments recognized, in effect, that it would be infeasible for all of the 437.18 acres to be ceded to Mexico out of the Chamizal zone which now contains about 600 acres. Thus, of the 437.18 acres to be transferred to Mexico, while 366 acres would come from the Chamizal tract, the other 71.18 acres would come from an area under the jurisdiction of the United States and located just below Cordova Island (a Mexican enclave jutting into El Paso). One additional transfer of lands would be involved: Mexico would receive 193.16 acres of U.S. territory contiguous to the 71.18-acre tract already referred to; in return, 193.16 acres of Cordova Island would be transferred by Mexico to the United States.
International Civil Aviation Convention — Protocol
Executive D — Ratified October 21, 1963
The Senate unanimously ratified the protocol to amend the convention on International Civil Aviation. The protocol, dated at Rome, September 15, 1962 amends article 48(a) of the Convention of International Civil Aviation of 1944. The amendment increases the number of requests from contracting states required to convene an extraordinary meeting of the Assembly of the International Civil Aviation Organization from 10 contracting states to not less than one-fifth of the total number of contracting states.
Under the present provisions, the ICAO Assembly must meet annually, but a majority of the ICAO Council (a permanent body consisting of 27 members which is responsible to the Assembly) or 10 contracting states may require an extraordinary meeting of the ICAO Assembly. It is believed to be in the national interest that the number of extraordinary meetings of the Assembly be limited to those for which there is a fairly wide demand.
International Coffee Agreement
Executive H — Ratified May 21, 1963
The Senate ratified the International Coffee Agreement signed by 54 countries— 22 importers and 32 exporters— designed to stabilize the price of coffee in the world market by establishing quotas for exporting countries and binding importing countries to limit their purchases of coffee from countries not parties to the agreement.
Major producing countries have agreed to limit their exports to a quota that has been set for each country, using 1961 shipments as the base.
The treaty establishes basic export quotas for the growing nations and obliges importing countries to help enforce the quota system by requiring a certificate of origin for every import shipment. Signatories agreed to bar imports not accompanied by proper certificates.
For the first year of the 5-year agreement, quotas for all the exporting countries have been set at 45.6 million bags of 132 pounds each. Importing countries may purchase as much coffee as they wish so long as total imports of all signatories don't exceed the total quota.
Quota allocations will be reviewed after 3 years by an international coffee organization headquartered in London; the United States is to have veto power over quota allocation.
So far as the United States is concerned, the agreement is not self-executing. Implementing legislation will be required to meet the obligations of the United States concerning imports of coffee from nonmember countries and the requirement of certificates of origin for other coffee imports. The Department of State has announced that it will ask for a 2-year legislative implementation.
Israel— Extradition Treaty
Executive E— Ratified October 21, 1963
The Senate unanimously ratified an extradition convention with Israel signed on December 10, 1962, which is of a type generally in force between the United States and some 65 other countries.
Article I provides for the extradition of fugitives who have been charged with any of the 31 criminal offenses listed in the treaty, a somewhat more comprehensive listing than that generally appearing in existing conventions.
The four articles of note are:
Article IV which provides that a requested party shall not decline to extradite a person sought because such person is a national of the requested party.
Article VII related to offenses involving the death penalty and is a requirement of Israel law; however, a similar article appears in some other U.S. extradition agreements.
Article XIII is designed to prevent not only the trial and punishment or reextradition for a crime other than that for which extradition is granted, but also detention. This protection is intended to run only to the requested state and is not intended for the benefit of the person extradited.
Article XIX provides for the exchange of ratifications and for the convention to enter into force on such exchange. It may be terminated by either country on notice to the other; the date of termination to be 6 months after the date of receipt of notice.
Japan— Consular Convention
Executive I— Ratified October 21, 1963
The Senate unanimously approved a consular convention between the United States and Japan, together with a protocol, signed at Tokyo, March 22, 1963.
The provisions of the convention are designed to regulate the consular affairs of each country in the territory of the other country and to formalize the understandings of the two countries in regard to the treatment to be accorded consular officials and employees. The convention covers such matters as the status of a consular establishment, the duties and functions of consular officers, and the rights, privileges, and immunities of the consular personnel of each country stationed in the territory of the other country.
The protocol clarifies and construes certain provisions of the convention. The most important of these protect the rights of the United States in the Ryukyu Islands and other territories with a similar status.
Korea— Consular Convention
Executive B— Ratified October 21, 1963
The Senate unanimously approved the consular convention between the United States and Korea signed at Seoul on January 8, 1963, designed to regulate the consular affairs of each contracting party in the territory of the other contracting party and to formalize the understandings of the two parties regarding the treatment to be accorded consular officials and employees.
This convention, as usual in the case of consular conventions negotiated by the United States with foreign countries, covers such matters as the status of a consular establishment, the duties and functions of consular officers, and the rights, privileges, and immunities of the consular personnel of each country stationed in the territory of the other country.
Article 3 provides that consular offices shall not be entered by police or other authorities except in the case of fire or other disaster or there is probable cause to believe that a crime of violence has been or is about to be committed.
Nuclear Test Ban Treaty
Executive M— Ratified September 24, 1963
Ratified Executive M, 88th Congress, 1st session, a treaty banning nuclear weapon tests in the atmosphere, in outer space, and underwater, signed at Moscow on August 5, 1963, on behalf of the United States, the United Kingdom of Great Britain and Northern Ireland, and the Union of Soviet Socialist Republics.
Purpose of the treaty is to ban tests in the atmosphere, in space, and underwater, including territorial waters or high seas. Outer space is regarded as existing without outer limit. The underwater prohibition means nuclear explosions cannot be carried out anywhere in the oceans, including the waters immediately adjacent to a country's shores, or in rivers or inland lakes. Permits underground tests so long as they do not spread radioactive debris beyond the territory of the state where they are conducted.
The three original parties to the treaty— the United States, the United Kingdom, and the U.S.S.R.— have the power to veto treaty amendments. Any amendment to be adopted must be approved by a majority of all the signatory nations, including all three of the original parties. Any amendment that would affect the rights or obligations of the United States under the treaty will be submitted to the Senate for ratification.
The treaty contains a withdrawal clause which provides that a party may withdraw if it decides that extraordinary events related to the subject matter of the treaty have jeopardized the supreme interests of its country. The party must give 3 months' notice of its intention to withdraw. This withdrawal provision does not restrict the right of a state in international law to withdraw immediately from the treaty if there is a plain violation by another party.
The system for policing the agreement is a reciprocal inspection system. The United States has a detection system for monitoring nuclear testing by other countries. Under the treaty, the United States will continue to operate its present system and will also be free to make whatever improvements are necessary in order to assure that any significant testing by another country would be detected.
The treaty deals only with testing nuclear weapons and does not affect their use in time of war.
At the signing of the nuclear test ban treaty, the President stated:
In its first two decades, the age of nuclear energy has been full of fear, yet never empty of hope. Today the fear is a little less and the hope a little greater. For the first time we have been able to reach an agreement which can limit the dangers of this age.
The agreement itself is limited, but its message of hope has been heard and understood not only by the peoples of the three originating nations, but by the peoples and governments of the hundred other countries that have signed. This treaty is the first fruit of labors in which multitudes have share; citizens, legislators, statesmen, diplomats, and soldiers, too.
Soberly and unremittingly this Nation— but never this Nation alone— has sought the doorway to effective disarmament into a world where peace is secure. Today we have a beginning and it is right for us to acknowledge all whose work across the years has helped make this beginning possible.
What the future will bring, no one of us can know. This first fruit of hope may or may not be followed by larger harvests. Even this limited treaty, great as it is with promise, can survive only if it has from others the determined support in letter and in spirit which I hereby pledge in behalf of the United States.
If this treaty fails, it will not be our doing, and even if it fails, we shall not regret that we have made this clear and honorable national commitment to the cause of mans' survival. For under this treaty, we can and must still keep our vigil in defense of freedom.
But this treaty need not fail. This small step toward safety can be followed by others longer and less limited, if also harder in the taking. With our courage and understanding enlarged by this achievement, let us press onward in quest of man's essential desire for peace.
As President of the United States and with the advice and consent of the Senate, I now sign the instruments of ratifications of this treaty.
Sweden— Extradition Treaty
Executive E— Ratified October 21, 1963
The Senate unanimously ratified a convention on extradition between the United States and Sweden, together with a related protocol, signed at Washington on October 24, 1961.
This convention follows the general pattern of other extradition treaties to which the United States is a party. It contains a list of offenses for which extradition is to be granted. Under its provisions, however, a person may not be extradited for an offense which is regarded as one of a political character. Nor does it permit the extradition of a person for an offense which is punishable by death, unless the requested party receives assurances the death penalty will not be imposed. It also provides that the determination as to whether extradition is to be granted is to be make in accordance with the laws of the requested party.
Article IV of the convention provides that extradition may be granted for offenses committed within the territorial jurisdiction of the requested state by an officer or employee of the requesting state who is a national of the requesting state. In other words, this provision would apply in a case where a U.S. officer embezzled funds from the American Embassy in Sweden. Under most other U.S. extradition treaties, extradition is not possible in this type situation.
The protocol was necessary because Sweden is undertaking a revision of its penal code, and the imprisonment provisions relating to extraditable offenses are being changed. The protocol provides that article III of the convention, which was drafted to conform to the contemplated revision, shall apply to the existing Swedish penal code pending coming into force of the contemplated revision of the code. When the revised penal code becomes effective, the protocol will terminate.