Whereas the General Assembly on December 14, 1946, resolved "that the permanent headquarters of the United Nations shall be established in New York City in the area bounded by First Avenue, East Forty-eighth Street, the East River, and East Forty-second Street";

and Whereas the General Assembly resolved on December 14, 1946, "That the Secretary-General be authorized to negotiate and conclude with the appropriate authorities of the United States of America an agreement concerning the arrangements required as a result of the establishment of the permanent headquarters of the United Nations in the city of New York" and to be guided in these negotiations by the provisions of a preliminary draft agreement which had been negotiated by the Secretary-General and the Secretary of State of the United States; and

Whereas the General Assembly resolved on December 14, 1946, that pending the coming into force of the agreement referred to above "the Secretary-General be authorized to negotiate and conclude arrangements with the appropriate authorities of the United States. of America to determine on a provisional basis the privileges, immunities, and facilities needed in connection with the temporary headquarters of the United Nations"; and

Whereas the Secretary of State of the United States, after consultation with the appropriate authorities of the State and city of New York, signed at Lake Success, New York, on June 26, 1947, on behalf of the United States an agreement with the United Nations regarding the headquarters of the United Nations, which agreement is incorporated herein; and Whereas the aforesaid agreement provides that it shall be brought into effect by an exchange of notes between the United States and the Secretary-General of the United Nations: Therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is hereby authorized to bring into effect on the part of the United States the agreement between the United States of America and the United Nations regarding the headquarters of the United Nations, signed at Lake Success, New York, on June 26, 1947 (hereinafter referred to as the "agreement"), with such changes therein not contrary to the general tenor thereof and not imposing any additional obligations on the United States as the President may deem necessary and appropriate, and at his discretion, after consultation with the appropriate State and local authorities, to enter into such supplemental agreements with the United Nations as may be necessary to fulfill the purposes of the said agreement: Provided, That any supplemental agreement entered into pursuant to section 5 of the agreement incorporated herein shall be submitted to the Congress for approval. The agreement follows: 2

2 For text of the agreement, see Vol. III, p. 620.

3. Appropriations Limitation on Contributions to International Organizations 1

Partial text of Public Law 92-544 [H.R. 14989], 86 Stat. 1109, 1110, approved October 25, 1972

AN ACT Making appropriations for the Departments of State, Justice, and Commerce, the Judiciary, and related agencies for the fiscal year ending June 30, 1973, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of State, Justice, and Commerce, the Judiciary, and related agencies for the fiscal year ending June 30, 1973, and for other purposes, namely:

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS 1

***Provided, That after December 31, 1973, no appropriation is authorized and no payment shall be made to the United Nations or any affiliated agency in excess of 25 per centum of the total annual assessment of such organization. Appropriations are authorized and

1

1 Restriction in Public Law 82-495, 66 Stat. 550, July 10, 1952. Department of State Appropriation Act, 1953, is considered permanent legislation with respect to the international organizations not exempted. See 22 U.S.C. 262b. It reads as follows:

"No representative of the United States Government in any international organization after fiscal year 1953 shall make any commitment requiring the appropriation of funds for a contribution by the United States in excess of 33 per centum of the budget of any international organization for which the appropriation for the United States contribution is contained in this Act: Provided, That in exceptional circumstances necessitating a contribution by the United States in excess of 33% per centum of the budget, a commitment requiring a United States appropriation of a larger proportion may be made after consultation by United States representatives in the organization or other appropriate officials of the Department of State with the Committees on Appropriations of the Senate and House of Representatives: Provided, however, That this section shall not apply to the United States representatives to the Inter-American organizations. Caribbean Commission and the Joint Support program of the International Civil Aviation Organization."

"

This provision was first included in section 602 of Public Law 82-188, 65 Stat. 599, October 22, 1951, Departments of State, Justice, Commerce, and the Judiciary Appropriation Act, 1952.

The exemption granted to the Caribbean Commission and the Joint Support program of the International Civil Aviation Organization was added by Public Law 83-195, 67 Stat. 368. August 5, 1953. Department of State Appropriation Act, 1954.

NOTE: In addition, there are specific legislative limitations on the percentage contribution of the United States to the following organizations:

(1) 33% percent to the World Health Organization (Act of July 14, 1948; 22 U.S.C. 290(b). However, Sec. 103 of the Foreign Relations Authorization Act, Fiscal Year 1978 (91 Stat. 844), stated that notwithstanding the provisions of Public Law 92-544, $7,281,583 of the FY 1978 appropriation authorization for "International Organizations and Conferences" is authorized to be payed to the World Health Organization for any unpaid balance of the U.S. assessed contribution to such organization for the calendar years 1974 through 1977. See page 446 for complete text;

(2) 33% percent to the Food and Agriculture organization (Act of July 31, 1945; 22 U.S.C. 279a);

(3) 25 percent to the International Labor Organization (Act of June 30, 1948; 22 U.S.C. 272a);

(4) 25 percent to the NATO Parliamentary Conference (Act of July 11, 1956; 22 U.S.C. 1928b); and

(5) Not to exceed 20 per centum of the total contributions assessed for any period to administer the International Coffee Agreement (TIAS 5505; 14 UST 1911, September 28. 1962), and such amount shall not exceed $150,000 for any fiscal year, to the International Coffee Organization (section 6 of Public Law 89-23. 79 Stat. 113, approved May 22, 1965).

contributions and payments may be made to the following organizations and activities notwithstanding that such contributions and payments are in excess of 25 per centum of the total annual assessment of the respective organization or 33 per centum of the budget for the respective activity: the International Atomic Energy Agency, the joint financing program of the International Civil Aviation Organization, and contributions for international peacekeeping activities conducted by or under the auspices of the United Nations or through multilateral agreements.3

2 Sec. 203 of Public Law 94-141, Foreign Relations Authorization Act, Fiscal Year 1976, inserted a period after "organization", struck out the text following it, and inserted the language beginning with "Appropriations are authorized". Formerly, the section following "organization" read "except that this proviso shall not apply to the International Atomic Energy Agency and to the joint financing program of the International Civil Aviation Organization."

For further limitations on contributions see the Foreign Assistance Act of 1961, as amended, Sec. 301(b) regarding United Nations Development Program.

37-851 - 79 - 25

4. Rhodesia Legislation

a. To Halt the Importation of Rhodesian Chrome

Partial text of Public Law 95-12 [H.R. 1746], 91 Stat. 22, approved March 18, 1977 AN ACT To amend the United Nations Participation Act of 1945 to halt the importation of Rhodesian chrome.

Sec. 2. (a) Upon the enactment of this Act, the President may suspend the operation of the amendments contained in this Act if he determines that such suspension would encourage meaningful negotiations and further the peaceful transfer of governing power from minority rule to majority rule in Southern Rhodesia. Such suspension shall remain in effect for such duration as deemed necessary by the President.

(b) If the President suspends the operation of the amendments contained in this Act, he shall so report to the Congress. In addition, the President shall report to the Congress when he terminates such suspension.

(c) If the President suspends the operation of the amendments contained in this Act, any reference in those amendments to date of enactment shall be deemed to be a reference to the date on which such suspension is terminated by the President.

1 All amendments contained in this Act are incorporated into Sec. 5 of the United Nations Participation Act of 1945. For text of Sec. 5, see page 367. See also Sec. 27 of the International Security Assistance Act of 1978 (92 Stat. 746) (page 286, Vol. I) which specified that the United States would not enforce sanctions against Rhodesia after December 31, 1978 provided that the President made certain determinations regarding the political situation in that country. As of March 1, 1979, the President had not issued such determinations.

(376)

b. Executive Order 11419, as amended 1

Executive Order 11419, July 19, 1968, 33 F.R. 10837, 3 CFR 1966–70 Comp., p. 737, as amended by Executive Order 11978, March 18, 1977, 42 F.R. 15403

RELATING TO TRADE AND OTHER TRANSACTIONS INVOLVING SOUTHERN

RHODESIA

By virtue of the authority vested in me by the Constitution and laws of the United States, including section 5 of the United Nations Participation Act of 1945 (59 Stat. 620), as amended (22 U.S.C. 287c), and section 301 of Title 3 of the United States Code, and as President of the United States, and considering the measures which the Security Council of the United Nations by Security Council Resolution No. 253 adopted May 29, 1968, has decided upon pursuant to article 41 of the Charter of the United Nations, and which it has called upon all members of the United Nations, including the United States, to apply, it is hereby ordered:

Section 1. In addition to the prohibitions of section 1 of Executive Order No. 11322 of January 5, 1967, the following are prohibited effective immediately, notwithstanding any contracts entered into or licenses granted before the date of this Order:

(a) Importation into the United States of any commodities or products originating in Southern Rhodesia and exported therefrom after May 29, 1968.2

(b) Any activities by any person subject to the jurisdiction of the United States which promote or are calculated to promote the export from Southern Rhodesia after May 29, 1968, of any commodities or products originating in Southern Rhodesia, and any dealings by any such person in any such commodities or products, including in particular any transfer of funds to Southern Rhodesia for the purposes of such activities or dealings; Provided, however, That the prohibition against the dealing in commodities or products exported from Southern Rhodesia shall not apply to any such commodities or products which, prior to the date of this Order, had been lawfully imported into the United States.

(c) Carriage in vessels or aircraft of United States registration or under charter to any person subject to the jurisdiction of the United States of any commodities or products originating in Southern Rhodesia and exported therefrom after May 29, 1968.

(d) Sale or supply by any person subject to the jurisdiction of the United States, or any other activities by any such person which promote or are calculated to promote the sale or supply, to any person or body in Southern Rhodesia or to any person or body for the purposes of any business carried on in or operated from Southern Rho

1 See Executive Order 11796, July 30, 1974. 39 F.R. 27891. Aug. 2, 1974; and see, also, Executive Order 11810. Sept. 30, 1974. 39 F.R. 35567. Oct. 2. 1974.

2 This prohibition affected by Public Law 92-156 (85 Stat. 427) which contained an amendment to the Strategic and Critical Materials Stockpiling Act (see page 330). However, the affect on this prohibition contained in Public Law 92-156 was removed by Public Law 95-12 which amended Sec. 5 of the United Nations Participation Act of 1945 (SA) page 367).