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UN Secretariat Item Scan - Barcode - Record Title Page Date Time 13 17/05/2006 3:35:45 PM S-0881-0007-04-00001 Expanded Number S-0881 -0007-04-00001 ntie items-in-Political-Security Council Affairs (PSCA) Analysis - membership in the UN - cases where status of applicant is in dispute Date Created 16/06/1969 Record Type Archival Item Container s-0881 -0007: Peace-Keeping Operations Files of the Secretary-General: U Thant - PSCA Analysis (Political-Security Council Affairs) Print Name of Person Submit Image Signature of Person Submit

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Page 1: ntie items-in-Political-Security Council Affairs (PSCA

UN Secretariat Item Scan - Barcode - Record Title PageDateTime

1317/05/20063:35:45 PM

S-0881-0007-04-00001

Expanded Number S-0881 -0007-04-00001

ntie items-in-Political-Security Council Affairs (PSCA) Analysis -membership in the UN - cases where status of applicant is indispute

Date Created 16/06/1969

Record Type Archival Item

Container s-0881 -0007: Peace-Keeping Operations Files of the Secretary-General: U Thant - PSCAAnalysis (Political-Security Council Affairs)

Print Name of Person Submit Image Signature of Person Submit

Page 2: ntie items-in-Political-Security Council Affairs (PSCA

ROUTING SLIP FICHE DE TRANSMISSION

T0' 5.Gr.AsFOR ACTIONFOR APPROVAL

FOR SIGNATUREPREPARE DRAFT

FOR COMMENTS

MAY WE CONFER?

YOUR ATTENTION

AS DISCUSSED

AS REQUESTED

NOTE AND FILE

NOTE AND RETURN

FOR INFORMATION

POUR SUITE A DONNERPOUR APPROBATION

POUR SIGNATUREPROJET A REDIGER

POUR OBSERVATIONS

POURRIONS-NOUS EN PARLER?

VOTRE ATTENTION

COMME CONVENU

SUITE A VOTRE DEMANDE

NOTER ET CLASSER

NOTER ET RETOURNER

POUR INFORMATION

Date:

CR. 13 (11-64)

FROM:DE:

A-L4 ,1 . c

Page 3: ntie items-in-Political-Security Council Affairs (PSCA

Unofficial translation from French

AFP-072 '

Bern, 16 June AFP

Mr. Willy Spuehler, Head of the Swiss Political Department, announced, during

a debate in the National Council (Bouse of Deputies) that the problem of Switzerland's

entry into the United Nations "had become a topical issue" and that, if it came about,

it "would enable the Swiss people to be more closely associated with world events,

which is what it wishes".

Believing that continued neutrality should not constitute an obstacle, ¥r. Spuehler

indicated that, in his view, Swiss participation in the collective actions of the

UN should be optional: "In many cases, however", he said, "Switzerland would be happy

to contribute to the maintenance of peace".

"World policy is made at the United Nations", concluded the head of Swiss

diplomacy: "Can we stand aside for ever?".

Mr. Willy Spuehler justified his plea for ST\Q.SS entry into the United Cations

on the grounds that the international Organization "is becoming more and more

universal".

"Everything thus depends on the evolution of the UN itself, which has already

changed a great deal in the last 20 years", he concluded. "If the UN abandons its

police role in order to devote itself entirely to peace-keeping, it would be hard

to say that its policy is incompatible with our own".

Switzerland, which was formerly a member of the League of Nations, stated in

1945 that it could not join the UN. The provisions of the Charter concerning the

application of sanctions were considered incompatible with the requirements of

neutrality.

Page 4: ntie items-in-Political-Security Council Affairs (PSCA

CONFIDENTIAL

AD 232/1:-. January 1969

TO:

FROM:

SUBJECT:

All Under-Secretaries-General andAssistant Secretaries-General

oThe Secretary-General

Circulation of communications from non-members

1. For your information and guidance, I am sending copies of

a letter (with its annex) which the Legal Counsel sent to the

Permanent Representative 01? the Union of the Soviet Socialist

Republics on 21 December 1968. This letter and its annex deal with

the question of the circulation of communications from non-members.

2. I should like you to bring this matter to the attention

of the officials responsible for preparing and submitting the

documentation of United Nations organs.

Page 5: ntie items-in-Political-Security Council Affairs (PSCA

-2-

21 December 1968

Dear Sir,

Last November, during our conversation relating to the manner ofcirculation of a statement by the German Democratic Republic, you agreedto maintain the existing status quo regarding the circulation of thatcommunication. The existing status quo was defined in the attached noteon consultations I/ which I had with Mr. Hasinovsky and Dr. Yankov inDecember 196?•

I/ ' Those consultations were intended, in the interests of all concerned,to arrive at agreed provisional procedures which would not necessitatenegotiations every time the question of. a communication from the GermanDemocratic Republic arises. I proposed that an option be left to theMember State transmitting the communication in question to decide if'circulation in document form or under cover of a note verbale shouldbe requested. If document form was desired, the communication from theGerman Democratic Republic should be incorporated in the actual text ofthe letter from the Member State requesting circulation. The suggestedprocedures are described more fully in paragraph 8 of the attachednote, where attention is drawn also to the fact that circulation indocument form of communications of the nature here concerned oftengives rise to a proliferation of documents in the form of protests andcounter protests. Such a proliferation has usually been avoided whenthe procedure of circulation under cover of a note verbale is followed.

His ExcellencyMr. Lev Isaakovich MendelevichAmbassador Extraordinary and PlenipotentiaryPermanent Representative of the Union ofSoviet Socialist Republics to the United Nations

156 East 6?th StreetNew York, N. Y. 10021

Page 6: ntie items-in-Political-Security Council Affairs (PSCA

-3-

You stated in our conversation that your agreement to maintainthe status quo was based on the assumption that equal treatment wouldbe accorded to communications from one or the other parts of the dividedStates. I explained that certain differences of treatment alreadyexisted, by virtue of the fact that principal deliberative organs haverecognized certain of the divided States and not others. However, Igave my assurances that no further differences of treatment would beintroduced by the Secretariat and, on my own initiative, undertook towrite to you to clarify further the existing status quo and to renew myassurances. The status quo is, to the best of my knowledge, as describedin the paragraphs which follow.

As a general principle, the Secretariat will not.circulate indocument form communications submitted by non-members (whether or notone of the divided States), unless one or other of the followingconditions is met:

(a) This is called for by the Charter (e.g., Articles 11, para. 2,35j para. 2, etc.), or in the rules of procedure or by arelevant resolution or other decision;

(b) The non-member concerned has an immediate and direct interestin a particular item on the agenda, in the sense that it isone of the immediate parties in interest, such as theDemocratic People's Republic of Korea in the Korean question; 2/

(c) The officer presiding over a particular organ instructs theSecretariat on his own initiative to circulate thecommunication in question; 3/

(d) A Member State submits a communication directly incorporatingthe letter from the non-member concerned.

Communications from non-members, as a general principle, which do not complywith one or the other of the foregoing criteria will be circulated undercover of a note vertaale, provided a Member State so requests in writing,and a press release will be issued if a Member State so asks.

2/ In the cases described in this sub-paragraph, circulation in documentform is normally authorized even if the communication in questionemanates directly from the entity concerned and has not been transmittedas part of or under cover of a communication from a Member State.

3/ On at least two occasions, Presidents of the General Assembly haveinstructed that replies received directly from the Federal Republic ofGermany to criticisms of its policy in statements from the GermanDemocratic Republic should be circulated in document form without arequest from a Member State (see A/699 and Corr.l, and A/C.l/98o).

Page 7: ntie items-in-Political-Security Council Affairs (PSCA

J+-The general principles just described are subject to the conditions

laid down by the Secretary-General at the 1258th plenary meeting of theGeneral Assembly, on 18 November 1963- On that occasion he said that hecould "implement /an 'all States1 or an 'any State* formula in a resolutionadopted by a principal deliberative organ^ only if the General Assemblyprovided /him/ with the complete list of the States coming within thatformula, other than those which are Members of the United Nations or thespecialized agencies, or parties to the Statute of the International Courtof Justice", h/

To elaborate on the implementation of the above principles in respectof the circulation of comments from non-members:

(a) Where a resolution of a deliberative organ calls for commentsfrom Member States only, the circulation of such comments indocument form is restricted to Member States.

(b) If a resolution, as is often the case, refers to "States Membersof the United Nations, State members of the specialized agencies,or States parties to the Statute of the International Court ofJustice" circulation in document form of comments received fromnon-members coming within that formula is also authorized, thisbeing the evident intention of the deliberative organ concerned.

(c) In some instances, resolutions refer to "all States" or to "anyState". In such cases, the Secretary-General has circulated theresolution to Member States and, in certain instances, also tonon-members which are members of the specialized agencies orparties to the Statute of the International Court of Justicewith requests for their direct comments for incorporation indocument form. These latter instances are based upon the policyof the Secretary-General described in the preceding paragraph.

I trust that the foregoing explanations, together with the attachednote of 18 January 19 8, will serve to clarify for you the existing status quo.I realize that in the view of a number of Member States, certain differencesdescribed above which are accorded to communications from non-members whichare members of the specialized agencies or parties to the Statute of theInternational Court of Justice ar.d to communications from other non-rnembersare not desirable. I am sure, however, that you will understand that theSecretary-General has no alternative, in cases of this nature, but to followand to be guided by the policies defined by the majority of the members ofthe principal deliberative organs of the United Nations.

Accept, Sir, the assurances of my highest consideration.

Constantin A. StavropoulosLegal Counsel

hj It was for this reason that the Secretary-General was unable, on hisown initiative, to circulate the application from the German DemocraticRepublic for membership in the United Nations (see para. 6 (a) of theattached note).

Page 8: ntie items-in-Political-Security Council Affairs (PSCA

-5-

Annex

15 January 1968

NOTE FOR THE RECORD ON THE CIRCULATIONOF COMMUNICATIONS EMANATING FROM THE

GERMAN DEMOCRATIC REPUBLIC

CONTENTS

Paragraphs

I. Introduction 1-2

II. Prevailing policy 5 -

III. Exceptions to prevailing policy 5-7

IV. Possible courses of action 8-10

Page 9: ntie items-in-Political-Security Council Affairs (PSCA

-6-

I. Introduction

1. On 5 December 19 7, a meeting was arranged between Mr. K. Nasinovsky,

Legal Adviser to the Permanent Mission of the USSR to the United Nations,

Dr. A. Yankov, Legal Adviser to the Permanent Mission of Bulgaria, and

Mr. C. A. Stavropoulos, United Nations Legal Counsel. The purpose of the

meeting was to discuss the question of the form of circulation to be given

to communications emanating from the German Democratic Republic, which had

most recently arisen as the result of the receipt of a letter from the

German Democratic Republic concerning agenda items 23 and 2h of the

twenty-second regular session of the General Assembly.* This letter had been

originally submitted under cover of a communication from the Permanent Mission

of Bulgaria requesting circulation as an official document of the General

Assembly. Subsequently, the letter and covering communication were withdrawn

and were resubmitted on 21 November 19&7 in "the form of a communication from

Bulgaria which directly incorporated the same text. The President of the

General Assembly instructed the Secretariat to issue this latter communication

as a document of the Assembly, but agreed that circulation be postponed in

order to permit the Secretariat to negotiate with interested delegations a

uniform policy on the circulation of communications emanating from the

German Democratic Republic.

2. At the outset of the meeting on 5 December 19o7, the Legal Counsel

explained that it had been convened in order to review existing policy in

an endeavour to arrive at an agreed procedural policy which would, constitute

a stable modus vivendi, under present circumstances. Unless new procedures

could be so agreed, the Bulgarian communication would be circulated on the

basis of the existing instructions of the President.

II. Prevailing policy

3- The Legal Counsel then described the policy which had so far prevailed

regarding the circulation of communications from non-members:

* Agenda item 23: "implementation of the Declaration on the Granting ofIndependence to Colonial Countries and Peoples"; agenda item 2k :"Activities of foreign economic and other interests which are impedingthe implementation of the Declaration on the Granting of Independencebo Colonial Countries and Peoples in Southern Rhodesia, South WestAfrica and territories under Portuguese domination and in all etherterritories under colonial domination and efforts to eliminate colonialism,apartheid and racial discrimination in southern Africa".

Page 10: ntie items-in-Political-Security Council Affairs (PSCA

-7-

(a) Where a resolution of the General Assembly called for comments

from Member States only, the circulation of such comments in document form

was restricted to such Member States.

(b) However, if a resolution, as was often the case, referred to

"States Members of the United Nations, States members of the specialized

agencies .or States parties to the Statute of the International Court of

Justice" circulation in document form of comments from non-members coming

within that formula was also authorized, this being the evident intention

of the General Assembly.

(c) In a few instances resolutions of the Assembly referred to "all

States" or "any State". In such cases the Secretary-General circulated

the resolution to Member States and, in some instances, also to members of

the specialized agencies or parties to the Statute of the International

Court of Justice. This was done on the basis of the policy which the

Secretary-General had outlined at the 1258th plenary meeting of the Assembly,

on 18 November 1963- On that occasion he said that he could "implement

/sen. 'all States' or 'any State' formula/ only if the General Assembly

provided /him/ with the complete list of the States coming within that

formula, other than those which are Members of the United Nations or the

specialized agencies, or parties to the Statute of the International

Court of Justice".

h. The Legal Counsel went on to describe the policy which had been pursued

by Presidents of the General Assembly and by the Secretary-General regarding

communications from entities other than those coming within the formula

"States Members of the United Nations, members of the specialized agencies

or parties to the Statute of the International Court of Justice".

(a) Such communications were circulated as documents of the General

Assembly or its Main Committees only when those entities had an immediate

and direct interest in a particular item on the agenda, in the sense that

they were one of the immediate parties in interest, such as the Democratic

People's Republic of Korea in the Korean question. In these particular

cases circulation in document form was authorized even if the communications

in question emanated directly from the entity concerned and were not

transmitted under cover of a communication from a Member State.

Page 11: ntie items-in-Political-Security Council Affairs (PSCA

-8-

(b) In the case of all other communications from such entities, -where

the immediate and direct interest in the sense just explained did not exist,

it was the policy to bring them to the attention of Member States under cover

of a note verbale, rather than in document form, provided a written request

to this effect from a /United Nations/ Member State accompanied the

communication. Furthermore, if so requested, a press release giving the

text of the covering letter and communication would also be issued.

III. Exceptions to prevailing policy

5. The Legal Counsel indicated that very few exceptions to the foregoing

policy had occurred in recent years.

(a) One of these took place in I960, when a letter of 23 September of

that year from Czechoslovakia, annexing a communication from the German

Democratic Republic relating to general and complete disarmament, was

circulated as document A/k^Ok.

(b) Another occurred on 14 October 1963, when a letter from

Czechoslovakia transmitting a communication from the German Democratic Republic

relating to the principles of international law concerning friendly relations

and co-operation among States was circulated as document A/C.6/L.530.

Both of these exceptions were the result of an oversight by the Secretariat

officials concerned and were not deliberate.

6. Deliberate exceptions, the Legal Counsel said, were likewise rare.

(a) By a letter of 28 February 1966, addressed to the Secretary-General,

the German Democratic Republic applied for admission to membership in the

United Nations. As the relevant Charter provisions and rules of procedure

referred to an application for membership from a "State", the Secretary-

General could not circulate this application on his own initiative in view

of his belief that he himself was not in a position to determine whether this

particular application emanated from a "State". After consultation with

interested delegations, it was decided that a Member State should request

circulation of the application in document form, and this was done by a

letter of 10 March 1966 from Bulgaria. The Secretary-General then agreed to

the circulation of the covering note and attached application in document

form, having in mind that the communication from the German Democratic

Republic was one in which that Government could be said to have an immediate

and direct interest, namely, the question of its own membership in the

United Nations. The covering note and application were then issued as

documents A/6283 and S/7192.

Page 12: ntie items-in-Political-Security Council Affairs (PSCA

o

AUSS/-*'

Page 13: ntie items-in-Political-Security Council Affairs (PSCA

-10-

uador cover of a note verbale and not in document form. These three

communications, one transmitted by Poland on 20 October 19&7 > one ^y

Czechoslovakia on 8 November 1967, and one by the USSR on 16 November

had related, respectively, to the question of the punishment of war

criminals, to the principles of international law concerning friendly

relations and co-operation among States, and to the law of treaties.

Press releases were also issued.

IV. Possible courses of action

8. The Legal Counsel stated that, in the light of the developments just

described, he believed that it was essential to seek to define a policy

which would be agreed upon and which would avoid discussion of the matter

every time it arose. Under existing conditions, there appeared to be two

alternatives with respect to communications emanating from the German

D'jiv.ocratic Republic in respect of items in which it did not have the

immediate and direct interest described in paragraph h above.

(a) The first was to maintain the previous policy of circulation of

communications of the nature here concerned under cover of a note verbale,

at the request of a Member State, with an accompanying press release.

This policy had not provoked written protests and counter protests in the

past.

(b) The second alternative was to follow the exception set at the

fifth emergency special session, where a communication from a Member State

directly incorporating comments from the German Democratic Republic would

be circulated in document form. In this eventuality, it would also be

necessary to circulate in document form the letters of protest which were

bound to be received from three of the permanent members of the Security

Council, and, in line with the precedent established, any reply received

directly from the Federal Republic of Germany, in so far as this related to

points of criticism of the Federal Republic contained in the communication

from the German Democratic Republic.

The Legal Counsel concluded by saying that, in view of the precedents, it

was, of course, for the Member States involved to exercise the choice they

preferred between these two alternatives, the first one presenting the

Page 14: ntie items-in-Political-Security Council Affairs (PSCA

-11-

advantage that it had not led to protests and counter protests, with

consequent proliferation of documentation, which would occur if the second

alternative were followed. Such a proliferation of documentation was

inevitable under the second alternative, as was evidenced by the practice

followed in the Economic and Social Council (see, for example, document

E/L.1188).

9- Mr. Nasinovsky and Dr. YankovJ indicated that they strongly favoured

a system by which all comments from the German Democratic Republic and

other non-members would be circulated directly as documents of the General

Assembly, without a request from a Member State. Failing that, and for the

time being, they would prefer to retain a discretion on which of the two

alternatives described in paragraph 8 above their Governments should follow

in each individual case. In some instances they might prefer one to the

other, being fully aware of the resulting action. 3o far as the Bulgarian

communication referred to in paragraph 2 above was concerned, they wished

to follow the second course and have it distributed in document form.

Mr. Nasinovsky stated that he could not agree that replies from the

Federal Republic f Germany to communications from the German Democratic

Republic should be circulated in document form without sponsorship by a

Member State. If, nevertheless, such a practice were persisted in, the

German Democratic Republic should be accorded a similar right of direct

reply to any comments made by the Federal Republic of Germany which

contained criticisms of that Government. The Legal Counsel responded that

he could see that Mr. Nasinovsky had an argument in this respect. However,

this latter question of the treatment to be accorded to possible replies

from the German Democratic Republic would have to be the subject of further

study, if and when it arose.

10. At the conclusion of the meeting, the Legal Counsel assured

Mr. Nasinovsky and Dr. Yankov that the Bulgarian communication of

21 November 196?, incorporating the statement of the German Democratic

Republic, would be circulated immediately in document form and that in the

Page 15: ntie items-in-Political-Security Council Affairs (PSCA

-12-

future it would be left to the discretion of Member States submitting

communications from the German Democratic Republic to choose which of

the two alternative methods of circulation they preferred. The

communication from Bulgaria was issued on 5 December 19&7 i-n document

A/69 -1. A subsequent protest from France, the United Kingdom and the

United States, dated 11 December 1967, appeared in document A/6985- A

reply dated 12 December 1967 from the Federal Republic of Germany to

criticisms of its policy in:its statement was issued in documents

A/699 and Corr.l, and a further letter from Bulgaria dated 18 December 1967,

responding to the three-Power protest, was circulated in document A/7030.

Similar letters from the USSR, dated 11 January 1968, and from the

Byelorussian SSR and the Ukrainian SSR, both dated 12 January 1968, were

issued in documents A/7036, A/7037 and A/7038.

Page 16: ntie items-in-Political-Security Council Affairs (PSCA

ROUTING SLIP FICHE DE TRANSMISSION

TOi* As Monsieur Lemieux

FOR ACTION

FOR APPROVAL

FOR SIGNATURE

PREPARE DRAFT

FOR COMMENTS

MAY WE CONFER?

YOUR ATTENTION

AS DISCUSSED

AS REQUESTED

NOTE AND FILE

NOTE AND RETURN

FOR INFORMATION

X

POUR SUITE A DONNER

POUR APPROBATION

POUR SIGNATURE

PROJET A REDIGER

POUR OBSERVATIONS

POURRIONS-NOUS EN PARLER?

VOTRE ATTENTION

COMME CONVENU

SUITE A VOTRE DEMANDE

NOTER ET CLASSER S.v.p.

NOTER ET RETOURNER

POUR INFORMATION

Date:

Le 10 fevrierCR. 13 (13-64)

FROM:DE:

Jean Gazarian

Page 17: ntie items-in-Political-Security Council Affairs (PSCA

CONFIDENTIAL

AD 222/4 6 February 1970

To: All Under-Secretaries-General andAssistant Secretaries-General

From: The Secretary-General

Circulation of communications from non-members

1. By memorandum of 14 January 1969, I submitted for

your information and guidance a letter (with its annex)

which the Legal Counsel sent to the Deputy Permanent

Representative of the Union of Soviet Socialist Republics

on 21 December 1968. The letter and its annex dealt with

the question of the circulation of communications from

non-members.

2. I now wish to inform you that, after further

consultations with the Permanent Mission of the Union of

Soviet Socialist Republics, the policies described in the

annex to my previous memorandum have been modified to the

extent that circulation is now authorized in document form,

at the express request of a Member State, of letters or

notes verbales incorporating or annexing statements on

matters before United Nations organs (i.e. on the agenda

or provisional agenda) from entities other than those which

Page 18: ntie items-in-Political-Security Council Affairs (PSCA

- 2 -

come within the formula "States Members of the United

Nations, States members of the specialized agencies or

parties to the Statute of the International Court of Justice".

3. This change in policy of permitting circulation of

statements annexed to requests from Member States was put

into effect during the twenty-fourth regular session of the

General Assembly and is to be continued until further

notice. I would be grateful if you could bring this change

to the attention of the officials responsible for preparing

and submitting the documentation of United Nations organs.

Page 19: ntie items-in-Political-Security Council Affairs (PSCA

TO:A:

THROUGH:S/C DE:

FROM:DE:

U N I T E D N A T I O N S

INTEROFFICE MEMORANDUM

U ThantThe Secretary-General

C. A. StavropoulosThe Legal Counsel

SUBJECT:OBJET:

N A T I O N S U N I E S

MEMORANDUM JNTERIEUR

"All States" formula

18 November 1969

REFERENCE:

1. Yesterday afternoon the Sixth Committee voted upon proposals for

the final clauses of the draft Convention on Special Missions. An "all

States" formula advanced by the USSR received 39 votes in favour, with 46

against and 25 abstentions. That part of the "Vienna formula", submitted

by France, the United Kingdom and the United States, which proposed to open

the draft Convention "to States Members of the United Nations, or of any of

the specialized agencies or Parties to the Statute of the International

Court of Justice, or any other State invited by the General Assembly" was

put to a separate vote, and received 68 votes in favour, with 26 against

and 16 abstentions. As a whole, the Vienna formula was adopted by 71 votes

to 9, with 30 abstentions.

2. There was no request made for me to explain the Secretariat policy

on "all States", as the USSR draft proposed to deposit the Convention on

Special Missions with several Governments, rather than with the Secretary-

General. Consequently no question of the interpretation of an "all States"

formula by the Secretariat would have arisen had that proposal been adopted.

3. On Wednesday a new "all States" question will arise in the Sixth

Committee, in connexion with the question of extending invitations to States

not members of the United Nations or of any of the specialized agencies or

parties to the Statute of the International Court of Justice to become parties

to the Vienna Convention on the Law of Treaties. One of the draft resolutions

before the Committee on this subject, document A/C.6/L.768, sponsored by

Bulgaria, Byelorussian SSR, Czechoslovakia, Hungary, Mali, Mongolia, Poland,

Romania,"Southern Yemen, Sudan, Syria, Ukrainian SSR, USSR, UAR and Zambia

would have the effect, if adopted, of calling upon the Secretariat to interpret

Page 20: ntie items-in-Political-Security Council Affairs (PSCA

- 2 -

an "all States" formula without any precise indication of the

entities coming within that formula. However, I do not expect

that this will be put to the vote. There is an agreement

between the Great Powers (in which the Federal Republic of Germany

concurs) that the issue of invitations to the Convention on the

Law of Treaties be postponed until next year. This is being done

in view of the current signs of a change so far as the German

question is concerned.

Page 21: ntie items-in-Political-Security Council Affairs (PSCA

cc: Mr.Mr*Mr. X&sieux

PMT Mr, tail,

tiaaft

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of tJaae

y tfee «se of tfeie tsars

t&e tern "Saoiocieatiie Bepfelle of

ay %® '&& first la«ta(i««» Iftwltte

consulted tM Legal Counsel ©f tli®

of tfe« Meafears of tha

OB the". 1

vhotte vishes

Bus t^jf^stha first of

state

Hill, Jr*;«

c*100 MaiylaM

Page 22: ntie items-in-Political-Security Council Affairs (PSCA

YKPASHCbKOI HAPOflHbOl PECnYGfllKI/i B EK3MJ1IGOVERNMENT OF THE . GOUVERNEMHNT DE LA COVF.nNO DH.l.A

UKRASNIAN DEMOCRATIC REPUBLIC REPUBLIQUE DEMOCRATIQUE UKRAINIENNE REPUBRLICA DEMOCRATICA UCRAINAIN EXILE EN EXIL IN ESILIO

Foreign Affairs: Via Nemorense 100, 00199 Roma, llaly, Tel.: 8300949

His Excellency

U Thant,

Gecretary General,

United nations II»Q»

Lrow YorkjlT.Y., U.S.A.

"JAugust 22,1969

C ...' I i

\L\A l'<./y . "'"'A -

\._ •• /x

I -have received your letter dated August 11 th,signed "by the Legal

Councel,in reply to our application for membership in the Organisation

of the United I!ationa»

In order that 1 may bettor understand the content of your reply,! nhall

appreciate your courtesy if you v/ould kindly refer to the second para-

graph: "In the above connection,it must be recalled...".Hay 1 ack(in re-

ference to"it must bo recalled") who does tho recalling?Is thia recalling

being done by Tlis Excellency U Thant or by Ilr.Stavropoloc or is it being

done in the name of,and on behalf of,the Member States of the United ITa-

tions?

The second sentence of your second paragraph reads:"...the credentials of

\vhich have nover been challenged in any deliberative organ" ,1.1 ay 1 ask Your

Ibccellency to indicate for me Tdiich"I3eliberative Organ"shoiild or could liavechallenged the credentials of this original member of the united nations,should there have been any reason to do no.Please accept my thanks for your attention.

Host respectfully yours.

"v'asyl l;'e do rone suit

Minister of Foreign Affairs

Page 23: ntie items-in-Political-Security Council Affairs (PSCA

JFS/yr

11 Au,-unt 1969

by the Secret nrjMSeporal to acknowledge

tlie rocflipt of jou3? latter of ?0 July 19$? » in. which you

stato i T t r r i l i r i , th&te

"Tho Os^emsient of the Ukrainian DemocrstloIn Exil® wiehee to pj-eoent its application

for membership in tho organisation of the Unit 04TCatlomj.

app2ieation coneista of a declarationin a formal instrument in. which the GoirciTOnjsnt of theiJkrainlfttt Bsiaoeratio Republic! In Ksilo aocs-pta theobligations contained in the Chart ca?*"

In the above connexion, it must be r Baal let! that th®U5r.ralnian Soviet EoaiaHst Wopublio is an criminal Kof the Ualtnd Nations* Since the Orf^aiisation ^ait has "beers 3ccp'ps!tosnt®d in the United Kationa tj a (tho credgritialB of which have nsvor Tjeea cballea^ed i

org-rm. It la therefore not poo Bible, In, for us to teJce any further aotion on ycua?

latter » bsyond the preaont repljo

Const^>tin A.ffca itegal

100Kome, HALT

\

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t •

U N I T E D N A T I O N S

INTEROFFICE MEMORANDUM

TO:A:

THROUGH:S/C DE:

FROM:DE:

SUBJECT:OBJET:

Chef cie Cabine

J. --.. jtsvropoulosThe Le;ral Counsel

N A T I O N S U N I E S

MEMORANDUM 1NTERIEUR

R E F E R E N C E :

Letter of 20 July 1969 i'ror.: the "Government of the _i..ixr:a.nic.nUe;rocrstic Republic in '.'!xilel!

1. You ha.ve asked for rr.y advice as to the lines on vjr.i

a reoly may be sent to th-a above-mentioned letter, which is in the

forra of an application for membership in the United Nations v/ith

an accompanying formal declaration that the ''Government of the

Ukrainian Democratic Republic in Exile accept(s) the obligations

contained in the Charter."

2. It would, appear to me thrt the proper approach for us to

adopt is to acknowledge receipt of the communication, and to

indicate that, as the Ukrainian Soviet Socialist Republic is an

original member of the United Kations end already represented in

the Organization by a Government the credentials of which have

never been challenged in any United Na.tions deliberative organ,

we cannot ta;-e any further action on the communication.

3. In sending our reoly, vie should omit in the address any

reference to the titles claimed by the signatories (e.g. "Prime

1-iinister", and "Vice Prime Minister and Minister of Foreign

Affairs."

4. The reply, a draft of which is attached, might be signed

by you as Chef de Cabinet, or by me as Legal Counsel.

1 ^I /. pr-v

/

Page 25: ntie items-in-Political-Security Council Affairs (PSCA

Dear Sirs,

J Mr directed hy the -ecrotarv-Generril to r.cknow.l edre

the receipt of your letter of 20 July 1969, in which you

state inter alia that:

"The Government of the Ukrainian Democraticli.epubl.ic in Exile wishes to present its application

' for membership in the organization of the UnitedNations.

"This application consists of a declaration madein s. formal instrument in which the Government ofthe Ukrainian uemocratic Republic in Exile acceptsthe obligations contained in the Charter,"

In the above connexion, it rr.ust be reca.lled that the

Ukrainian Soviet Socialist Republic is an orifi.ncl i1.ember

of the united Nations. Since the Organization was founded,

it has been represented in the United Nations by a

Government the credentials of which have never been

challenged in any deliberative organ. It is therefore not

possible, in such circumstances, for us to take any

further action on your letter, bevond the present reply.

Yours sincerely,

Messrs. Spyrydon Dowhal andWasyl Fedoronczuk

Via Nemorense 10000199 Rome, ITALY

« »<Lg»A-

Page 26: ntie items-in-Political-Security Council Affairs (PSCA

GOVEnflMEHT OF THE GOUVERMEMENT DE LAUKRAINIAN DEMOCRATIC REPUBLIC RePUBLJQUE DtMOCRATIQUE UKRAINIENNE

(N EXILE EN EXIL

GOVEP.NO DGLLAREPUBHLICA DEMOCriATICA UCRAINA

IN ESILIO

Foreign Affairs: Via Nemorense 100, 00199 Roma, Italy, Tel.: 83BB949

July 20, 1969

His ExcellencyU Tliant ,Secretary General,United Nations II. Q.New York, N.Y., U.S.A.

Excellency:

The Government of the Ukrainian Democratic Republic in

Exile wishes to present its application for membership in

the organization of the United Nations.

This application consists of a declaration made in a formal

instrument in which the Government of the Ukrainian Democratic

Republic in Exile accepts the obligations contained in the

Chartor.

This application for membership in the United Nations is

undersigned by the President of the Republic, by the Prime

Minister, by the Minister of Foreign Affairs and by the

President of the House of Parliament of the applying Government

This application has the consent of the various organs of the

Ukrainian Communities residing in the following countries:

France, Canada, Luxemburg, Australia, Italy, Brazil, Great

Britain, Argentina, Austria and the United States of America,

contained in formal instruments signed by these respective

"organs" and authenticated by a Notary Public of each of the

countries indicated.

Most respectfully yours,

Spyrydon DowhalPrime Minister-

Wasyl FedoronczukVice Prime Minister andMinister of Foreign Affairs

Page 27: ntie items-in-Political-Security Council Affairs (PSCA

yPli/4 yKFAIHCbKOI HAPOflHbOl PECffyB/lIKH B LK3MJ1IGOVERNMENT OF THE eouYEnwFivirNT RE LA oovrnno UFLLA

UKRAINIAN DEMOCRATIC REPUBLIC REPUBLIQUE DEMGCnATIQUE UKRAINIENNE REPUDDLICA Dr.MQCRATICA UCRAINAIN EXILE ' EM EXIL IN ESILIO

Foreign Affairs: Via Nemorense 100, 00199 Roma, Italy, Tel.: 8308949

His ExcellencyU Tli ail t,Secretary General,United Nations H.Q.New York, N.Y., U.S.A.

July 20, 1969

Excellency:

Wo, the undersigned, respectfully request admission to

the United Nations of the Government of the Ukrainian

Democratic Republic in Exile, which we represent.

accept all the obligations contained in the Charter.

Most respectfully yours,

ykola LiwickiPresident of the Republic

Spyryd.on Dowlial ^/T^ T> -i tii r* KT T -KI *J <r< H- s~t T-* ^Prime Minister

Wasyl Fedoronc2ukVice Prime Minister andMinister of Foreign Affairs

L i <,( iJ * ri€t&-?>- &efa 'C/Jakiw Makoweckyj /'*President of the House of Parliament

Page 28: ntie items-in-Political-Security Council Affairs (PSCA

GOVERNMENT OF THE GOUVERNEMENT DE LA GOVrPNO DF! LAUKRAINIAN DEMOCRATIC REPUBLIC RtPUBLIQUE DEMOCRATIQUE UKRAIN1ENNE REPUDDLICA Df MQCRATICA UCRAINA

IN EXILE EN EXIL IN ES1L1O

Foreign Affairs: Via Nemorense 100, Q01S9 Roma, italy, Tel.: 83 CB 9 49

INFORMATION SHEET

The Government of the Ukrainian Democratic Republic in Exile isthe lawful successor of the last legal Government of the UkrainianDemocratic Republic, independent from 1918 to 1921. It is to lie regard-ed as the solo legitimate representative of the Ukrainian people, sinceit was endowed with full authority by tho Ukrainian parliaments electedin 1918 and 1919-

The Ukraine proclaimed its independence on 22 January 1918. Priorto this 5 in March 191?, with the revolution which overthrew the TsaristEmpire, there was established the Ukrainian Central Rada, constitutingthe first Ukrainian revolutionary parliament and affirming the Ukrai-nian people's right to self-determination.

The Ukrainian Democratic Republic was recognized do jure or dofacto by several states, including France, Great Britain, Turkey,Poland, Argentina, Finland and the Vatican. Delegations and diplomaticmissions' were dispatched to most world capitals. Soviet Russia alsorecognized the independent Ukrainian Republic but, despite this, onDecember 4, 191? prepared aggression against it.

In 1921, after three years of war, tho territory of the Ukrainewas entirely occupied by the Red Army. In place of the UkrainianDemocratic Republic there was established the Ukrainian Soviet SocialistRepublic which was, and continues to be, under the total domination ofthe Moscow central government.

The national Government of the Ukrainian Democratic Republic leftthe Ukraine in 1921 and, in exile since that date, has continued itsstruggle for the re- establishment of Ukrainian independence andsovereign.ity, thereby reflecting the aspirations of the entire Ukrainiannation, in tho Ukraine and in exile.

Since tho 1921 occupation there have been no free elections in theUkraine. Conquered militarily, the Ukraine was stripped of all herrights by the cunning ruses of the Constitution. The Constitution oftho USSR, while recognizing the theoretical right of the federatedrepublics to secede from the Union, does not stipulate the procedurefor exercizing this right. On the contrary, it deprives the federatedrepublics of even the most elementary attributes of autonomy.

The Ukrainian people has struggled against this thraldom, cease-lessly, fiercely and in. all possible ways.

The Soviet Union was constituted not through the free choice ofits members but by the use of brute force. The UkraJJio, Bolorusaiaand the Caucasian and Turkestan republics wore engulfed followingmilitary conquests in the 'twenties»

The Government of the Ukrainian Democratic Republic has alwa}rsprotested and solemnly protests still against this * usurpation of theUkrainian nation's sovereign rights and liberties and declares thatneither tho Government of the USSR nor the Soviet Ukrainian Governmentrepresent the Ukrainian people.