MOST IMMEDIATE

Your Security 28.

1. If Poland or any other country proposes that Spanish question
should be placed on Agenda [1], your actions should be guided by
the following principles:-

(a) If a member of United Nations, especially a member of the
Security Council, claims that the situation in some country
endangers the maintenance of international peace and security and
brings matter to notice of Security Council, Council should agree
to Place matter on Agenda. (Article 35(i)).

(b) Council should not agree to consider such matter ahead of
other matters already on Agenda unless there is clearest proof
that situation is such that urgent consideration by Council is
required.

(c) When any such situation or dispute is brought before Council
there should be full investigation of facts before Council makes
decision. Article 34 empowers and by implication requires Council
to make such an investigation.

(d) In case of Spain it will, no doubt, be claimed by some member
of Council that situation in Spain is a matter of purely domestic
concern and that under Article 2, paragraph 7 of Charter, Security
Council has no jurisdiction. Prima facie this is so but there are
instances (c.f. Hitler's regime) where a policy actively pursued
domestically was also directed deliberately towards international
friction so that it was not merely or essentially a matter of
domestic concern. Therefore, preliminary investigation of facts is
required before Council can decide whether or not matter is one
which is 'essentially' within domestic jurisdiction of Spain. In
this connection see paragraph 10 of our telegram U.N.Y.3 of 24th
March. [2]

2. Spanish situation will require most careful handling in
Security Council. While you should make clear that Australia
supports the declaration regarding Spain made at the Potsdam
Conference, namely that the present Spanish Government does not
have qualifications necessary to justify membership of United
Nations, and also General Assembly Resolution [on] Spain of 9th
February, 1946 [3], it is essential that in supporting
investigation of facts you should say nothing which would endanger
Article 2, paragraph 7. Your line should be that some situations
which may, prima facie, appear to be essentially of domestic
concern, may yet, on investigation, be found to be matters with
which it is proper for the Security Council to deal.

3. Your safe course is to indicate support for judicial attitude
of impartial observer and as such, support procedure of
investigation in which written cases will be lodged by Poland and
later, by Spain. These investigations, after due notice, should be
directed to three issues set out in Article 34 and Article 2,
paragraph 7, viz.,
(i) Is the Spanish situation one essentially within the
jurisdiction of Spain.

(ii) Is the situation in Spain one which might lead to
international friction or dispute.

(iii) If the answer to (ii) is Yes, is continuance of situation
likely to endanger maintenance of international peace?