6 Australian Delegation, United Nations, to Department of External Affairs

Cablegram United Nations 242 NEW YORK, 2 July 1946

SECRET

The following is the text of Dr. Evatt's proposals.

Examination of statements by Members of the Atomic Energy Commission suggest that most nations are agreed in principle that- A. There should be established some form of International Atomic Energy Authority, and B. All Nations should accept such restrictions of their National rights in the field of Atomic Energy as may be necessary to ensure that Atomic weapons a-re eliminated and peaceful uses of Atomic Energy are developed and made available.

Therefore, in first instance attention might usefully be devoted to consideration of whether we can recommend that such an authority should be established and if so, what are the basic principles to be contained in any Treaty including- A. The principle of a right to share in scientific medical and industrial benefits to be derived from controlled development of Atomic energy and B. The principle of duty to accept obligations in order to ensure that misuse of Atomic energy shall be effectively prevented.

Accordingly, in order to explore the possibility of making recommendations covering all the main aspects of the problem as discussed in the Commission, the following general principles should be examined.

1. There should be single International instrument embodying- A. A comprehensive plan for the International control and development of Atomic energy;

B. Establishment of International Atomic Energy Authority to administer and carry out plan and to be vested with wide discretionary powers;

C. That, as part of plan, there should be undertakings by Member Nations not to use Atomic energy for purposes of war; and D. Several parts of the plan shall come into effective operation under terms and conditions which are just and equitable, having regard to over-riding purposes of plan.

2. For the purposes of carrying out plan, International authority should be vested with all necessary rights in relevant raw materials, processes, plants and products of plants.

3. An effective system should be established for preventing breaches of the agreed restrictions and controls.

4. International authority shall be required to promote and carry out plans for development of atomic energy for peaceful purposes.

5. Scientific information on nuclear processes and their application to peaceful purposes should be exchanged, care being taken at each stage not to prejudice effectiveness of agreed safeguards against misuse. Such exchange of information should take place by interchange of personnel and through open publication.

6. The general plan should provide that, at times and under conditions to be fixed by the International authority, manufacture of Atomic bombs should cease and all existing bombs should be dismantled.

Following is the substance of a further American memorandum.

Control and development of Atomic energy must be International and should be entrusted to authority created by Treaty. The Treaty should define- A. Relations between Authority and Organs of the United Nations, B. Rights and obligations of signatories and authority, including relations between authority and any Atomic Energy Control Agencies of Signatory States, C. Sequence and timing of transitional period, D. Time when and conditions under which National and private possession, manufacture, and use of Atomic weapons shall be outlawed, E. Violations which shall constitute International crimes and sanctions to be employed.

The purposes of the Authority should be- 1. To prevent possession, manufacture or use of atomic weapons for mass destruction:

2. To foster beneficial, non-dangerous uses of atomic energy:

3. To have managerial control or ownership of all atomic energy activities potentially dangerous to world security:

4. To control, inspect, and license all other Atomic Energy activities:

5. To engage in Atomic Energy Research and development: and 6. To assure that benefits derived from such research and development shall be available to the peoples of all the Signatory States so long as each State and its people support the authority and observe their obligations under the Treaty and Charter.

Subject to application in the manner to be defined in the Charter, Authority should be granted following powers:

A. To obtain and maintain complete and exclusive control or ownership of all Uranium, Thorium, and other material which may be a source of atomic energy wherever present in potentially dangerous quantities whether in raw material, by-product, processed, or other form;

B. To conduct continuous investigations and surveys of sources of atomic energy throughout the world, in aid of the proper exercise of the foregoing and Authority's other functions and powers;

C. To acquire, construct, own, and exclusively operate all facilities for production of U-235, Plutonium, and such other fissionable materials as may be specified by authority, and to maintain supplies of fissionable materials adequate to fulfil the purposes of authority;

D. To define and determine, in manner set forth in Charter, . . .

other facilities or activities in field of atomic energy which would be dangerous unless controlled by the Authority, and to supervise and have complete managerial control of all such activities and facilities;

E. To have unhindered access to, and power to control, license, and to inspect all other facilities which possess, utilise or produce materials which are a source of atomic energy, and all other activities which utilise or produce, or are capable of utilising or producing, atomic energy;

F. To have exclusive right of research in field of atomic explosives;

G. To foster and promote non-dangerous use and wide distribution of atomic energy for beneficial purposes under licences or other suitable arrangements established by the authority; and H. Subject to provisions of Treaty and Charter, to have power to take other necessary action and to issue rules and regulations.

Authority would be organised to function continuously. Provisions for enforcement should be included in the treaty as follows:

1. Definitions of conduct constituting violations.

2. Consequences of such violations, including the procedures to be followed in detecting, establishing, remedying or punishing such violations: Administrative action by the authority.

[AA:A1838 T184, 720/1, i]