222. UNITED STATES PARTICIPATION IN THE CARIBBEAN COMMISSION

1

JOINT RESOLUTION Providing for Membership and Participation by the United States in the Caribbean Commission and Authorizing an Appropriation Therefor, March 4, 1948 1 Whereas representatives of the Governments of the French Republic, the Kingdom of the Netherlands, the United Kingdom of Great Britain and Northern Ireland, and the United States of America signed "An agreement for the establishment of the Caribbean Commission" in Washington on October 30, 1946, which agreement continued and extended the international cooperative arrangements initiated in 1942 between the United Kingdom of Great Britain and Northern Ireland, and the United States; and Whereas the purpose of the Caribbean Commission is to encourage and strengthen international cooperation in promoting the economic and social welfare and advancement of the non-selfgoverning territories in the Caribbean area, whose economic and social development is of vital interest to the security of the United States, in accordance with the principles set forth in i chapter XI of the Charter 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 accept membership for the United States in the Caribbean Commission, created by "An agreement for the establishment of the Caribbean Commission," signed in Washington on October 30, 1946, by representatives of the Governments of the French Republic, the Kingdom of the Netherlands, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, and to appoint the United States Commissioners, and their alternates, thereto.

SEC. 2. There is hereby authorized to be appropriated to the Department of State, out of any money in the Treasury not otherwise appropriated

(a) Not more than $142,000 annually for the payment by the United States of its proportionate share of the expenses of the Commission and its auxiliary and subsidiary bodies, pursuant to article XV of the "agreement for the Establishment of the Caribbean Commission"; and

(b) Such additional sums as may be needed for the payment of all necessary expenses incident to participation by the United States in the activities of the Commission, including salaries of the United States Commissioners, their alternates, appropriate staff, without regard to the civil-service laws and the Classification Act of 1923, as amended; personal services in the District of Columbia; services as authorized by section 15 of Public Law 600, Seventy-ninth Congress; hire of passenger motor vehicles and other local transportation; printing and binding without regard to section 11 of the Act of March 1, 1919 (44 U. S. C. 111), and section 3709 of the Revised Statutes, as amended; and such other expenses as the Secretary of State finds necessary to participation by the United States in the activ

1 Public Law 431, 80th Cong., 2d sess., H. J. Res. 231.

ities of the Commission: Provided, That the provisions of section 6 of the Act of July 30, 1946 (Public Law 565, Seventy-ninth Congress), and regulations thereunder, applicable to expenses incurred pursuant to that Act shall be applicable to any expenses incurred pursuant to this paragraph (b).

Approved March 4, 1948.

South Pacific

223. AGREEMENT ESTABLISHING THE SOUTH PACIFIC COMMISSION, FEBRUARY 6, 1947 1

The Governments of Australia, the French Republic, the Kingdom of the Netherlands, New Zealand, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, (hereinafter referred to as "the participating Governments"),

Desiring to encourage and strengthen international co-operation in promoting the economic and social welfare and advancement of the peoples of the non-self-governing territories in the South Pacific region administered by them,

Have, through their duly authorised representatives met together in Canberra, made an Agreement in the following terms:

ARTICLE I

ESTABLISHMENT OF THE COMMISSION

1. There is hereby established the South Pacific Commission (hereinafter referred to as "the Commission").

ARTICLE II

TERRITORIAL SCOPE

2. The territorial scope of the Commission shall comprise all those non-self-governing territories in the Pacific Ocean which are administered by the participating Governments and which lie wholly or in part south of the Equator and east from and including Netherlands New Guinea.

3. The territorial scope of the Commission may be altered by agreement of all the participating Governments.

ARTICLE III

COMPOSITION OF THE COMMISSION

4. The Commission shall consist of not more than twelve Commissioners. Each participating Government may appoint two Commissioners and shall designate one of them as its senior Commissioner. 5. Each participating Government may appoint such alternates and advisers to its Commissioners as it considers desirable.

1 Certified copy, Department of State files. Agreement accepted by the United States, January 28, 1948 (Public Law 403, 80th Cong., 2d sess., H. J. Res. 232); Instrument of Acceptance deposited with the Australian Government, February 16, 1948.

ARTICLE IV

POWERS AND FUNCTIONS

6. The Commission shall be a consultative and advisory body to the participating Governments in matters affecting the economic and social development of the non-self-governing territories within the scope of the Commission and the welfare and advancement of their peoples. To this end, the Commission shall have the following powers and functions:

(a) to study, formulate and recommend measures for the development of, and where necessary the co-ordination of services affecting, the economic and social rights and welfare of the inhabitants of the territories within the scope of the Commission, particularly in respect of agriculture (including animal husbandry), communications, transport, fisheries, forestry, industry, labour, marketing, production, trade and finance, public works, education, health, housing and social welfare;

(b) to provide for and facilitate research in technical, scientific, economic and social fields in the territories within the scope of the Commission and to ensure the maximum co-operation and co-ordination of the activities of research bodies;

(c) to make recommendations for the co-ordination of local projects in any of the fields mentioned in the previous sub-paragraphs which have regional significance and for the provision of technological assistance from a wider field not otherwise available to a territorial administration;

(d) to provide technical assistance, advice and information (including statistical and other material) for the participating Governments; (e) to promote co-operation with non-participating Governments and with non-governmental organisations of a public or quasi-public character having common interests in the area, in matters within the competence of the Commission;

(f) to address inquiries to the participating Governments on matters within its competence;

(g) to make recommendations with regard to the establishment and activities of auxiliary and subsidiary bodies;

7. The Commission may discharge such other functions as may be agreed upon by the participating Governments.

8. The Commission may make such administrative arrangements as may be necessary for the exercise of its powers and the discharge of its functions.

9. With a view to facilitating the inauguration of the work of the Commission in matters immediately affecting the economic and social welfare of the local inhabitants of the territories within the scope of the Commission, the Commission shall give early consideration to the projects set forth in the resolution (appended to this Agreement) relating to important immediate projects adopted by the South Seas Conference at Canberra, Australia, on February 6, 1947.

10. The participating Governments undertake to secure such legislative and administrative provision as may be required to ensure that the Commission will be recognised in their territories as possessing such legal capacity and as being entitled to such privileges and im

munities (including the inviolability of its premises and archives) as are necessary for the independent exercise of its powers and discharge of its functions.

ARTICLE V

PROCEDURE OF THE COMMISSION

11. Irrespective of the place of meeting, each senior Commissioner shall preside over sessions of the Commission in rotation, according to the English alphabetical order of the participating Governments.

12. The Commission may meet at such times and in such places as it may determine. It shall hold two regular sessions in each year, and such further sessions as it may decide.

13. At a meeting of the Commission two-thirds of all the senior Commissioners shall constitute a quorum.

14. The decisions of the Commission shall be taken in accordance with the following rules:

(a) senior Commissioners only shall be entitled to vote;

(b) procedural matters shall be decided by a majority of the senior Commissioners present and voting;

(c) decisions on budgetary or financial matters which may involve a financial contribution by the participating Governments (other than a decision to adopt the annual administrative budget of the Commission), shall require the concurring votes of all the senior Commissioners;

(d) decisions on all other matters (including a decision to adopt the annual administrative budget of the Commission) shall require the concurring votes of two-thirds of all the senior Commissioners.

15. In the absence of a senior Commissioner, his functions shall be discharged for all purposes of this Article by the other Commissioner appointed by his Government or, in the absence of both, by an alternate designated by his Government or the senior Commissioner.

16. The Commission may appoint Committees and, subject to the provisions of this Agreement, may promulgate rules of procedure and other regulations governing the operations of the Commission, of its auxiliary and subsidiary bodies and such Committees as it shall establish, and of the Secretariat and generally for the purpose of carrying into effect the terms of this Agreement.

17. The official languages of the Commission and its auxiliary and subsidiary bodies shall include English and French.

18. The Commission shall make to each of the participating Governments, and publish, an annual report on its activities, including those of its auxiliary and subsidiary bodies.

ARTICLE VI

RESEARCH COUNCIL

19. In view of the special importance of research for the carrying out of the purposes of the Commission, there shall be established a Research Council which shall serve as a standing advisory body auxiliary to the Commission.

ARTICLE VII

COMPOSITION OF THE RESEARCH COUNCIL

20. Members of the Research Council shall be appointed by the Commission on such terms and conditions as the Commission may decide.

21. (a) The Commission shall appoint, as members of the Research Council, such persons distinguished in the fields of research within the competence of the Commission as it considers necessary for the discharge of the Council's functions;

(b) Among the members of the Council so appointed there shall be a small number of persons highly qualified in the several fields of health, economic development and social development who shall devote their full time to the work of the Research Council.

22. The Research Council shall elect a Chairman from its members. 23. The Commission shall appoint a full-time official who shall direct research and be charged with the general responsibility for supervising the execution of the programme of the Research Council. He shall be, ex officio, a member and the Deputy Chairman of the Council and, subject to the directions of the Commission, shall be responsible for arranging and facilitating co-operative research, for arranging and carrying out research projects of a special nature, for collecting and disseminating information concerning research and for facilitating the exchange of experience among research workers of the area. He shall be responsible to the Secretary-General for all administrative matters connected with the work of the Research Council and of its Committees.

24. In all technical matters full-time members shall be under the direction of the Deputy Chairman of the Research Council. In all administrative matters they shall be responsible to the SecretaryGeneral.

25. Recommendations of the Research Council in connection with research projects to be undertaken shall be first submitted to the Commission for approval.

ARTICLE VIII

FUNCTIONS OF THE RESEARCH COUNCIL

26. The functions of the Research Council shall be:

(a) to maintain a continuous survey of research needs in the territories within the scope of the Commission and to make recommendations to the Commission on research to be undertaken;

(b) to arrange, with the assistance of the Secretary-General, for the carrying out of the research studies approved by the Commission, using existing institutions where appropriate and feasible;

(c) to co-ordinate the research activities of other bodies working within the field of the Commission's activities and, where possible, to avail itself of the assistance of such bodies;

(d) to appoint technical standing research committees to consider problems in particular fields of research;