458 Department of External Affairs to Australian Delegation, United Nations

Cablegram 148 CANBERRA, 11 March 1947

MOST IMMEDIATE

Your UN 238. Japanese Mandates.

1. If New Zealand or India has applied to be invited you should support application and if not you should propose invitation after consulting them.

2. The following are comments on draft agreement:

a. Article 3. [1] The Soviet proposal to delete the phrase 'as an integral part' should be opposed. We prefer the phrase used in the Australian text namely 'as if it were an integral part'. But failing that you should support the United States draft.

b. You should vote for Article 8 (1). [2]

c. Article 15. [3] We agree with the United Kingdom that the Soviet amendment is unacceptable. We do not wish to see trusteeship question giving rise to the exercise of the veto which the United States might be forced to use if the Security Council had final power to amend trusteeship agreements. The United States clause is satisfactory.

d. Propose new Article 17, in the following terms;

Begins-This agreement is subject to confirmation in the interim or final treaty of peace between Japan and the Allied powers victorious in the war against Japan, it being understood that by such treaty Japan shall be required to surrender all its rights (if any) relating to the control and administration of the present territories and such territories shall be formally detached from any form of control by Japan. End.

You should obtain prior United Kingdom support for this article.

In putting it forward repeat original statement. Even if no support motion should not be withdrawn but in any case you must vote for the United States draft as a whole.

3. In any discussion in the Security Council the Soviet thesis that permanent members are 'States directly concerned' should not be accepted. Please keep us fully informed on this aspect.

1 Article 3 read: 'The administering authority shall have full powers of administration, legislation, and jurisdiction over the territory subject to the provisions of this agreement as an integral pan of the United States, and may apply to the Trust Territory, subject to any modifications which the administering authority may consider desirable ..., 2 Article 8(1) in part stated '... the administering authority ...

shall accord to nationals of each member of the United Nations and to companies and associations organized in conformity with the laws of such members, treatment in the Trust Territory no less favourable than that accorded therein to nationals, companies and associations of any other United Nation except the administering authority'.

3 Article 15 provided that the terms of the agreement 'shall not be altered, amended or terminated without the consent of the administering authority'. The Soviet Union proposed substituting the words 'may be altered and amended or the terms of its validity discontinued by the decision of the Security Council'.

[AA: A1838,333/4, i]