Security 104.

1. At the meeting of the Security Council this afternoon [Poland]
[1] presented an amended resolution to that originally proposed
calling for breach of diplomatic relations. [2] The resolution as
amended read:-

The Security Council declares that the existence and activities of
the Franco Regime in Spain have led to International friction and
endanger international peace and security.

In accordance with the authority vested in it, the Security
Council calls upon all members of the United Nations who maintain
diplomatic relations with the Franco Government to sever such
relations immediately.

The Security Council expresses its deep sympathy to the Spanish
people. It hopes and expects that the people of Spain will regain
the freedom of which they have been deprived with the aid and
contrivance of Fascist Italy and Nazi Germany. The Security
Council is convinced that the day will come soon when it will be
able to welcome the Spanish nation into the community of the
United Nations.

2. Dr. Evatt, after reviewing establishment of the Sub-Committee,
its findings and recommendations and veto by the Soviet pointed
out that the action Poland wished the Council to take could only
be taken under Chapter VII of the Charter. Before acting under
that chapter, the Council must be satisfied that the facts
disclosed a threat to peace existed. However, Sub-Committee had
found this was not so and the majority of the Council agreed with
this finding.

3. France stated that they would support the Polish resolution.

This was not inconsistent with their support of the sub-
Committee's recommendations which also called for a breach of
Diplomatic relations but later and not immediately. Mexico and the
Soviet also supported the Polish resolution while China associated
herself with Australia.

4. A vote was taken and the resolution was defeated only the
Soviet, Mexico, France supporting Poland.

5. Poland then moved the following resolution:-

'The Security Council takes notice of the report of the Sub-
Committee on the Spanish question, appointed on the 29th April,
1946. The investigation of the Sub-Committee confirms fully the
facts which have led to condemnation of the Franco Regime by the
Conference in San Francisco and Potsdam, by the General Assembly
in London, and by the Security Council in its resolution of April
29th, 1946. The investigation also establishes beyond any doubt
that Franco's Fascist Regime is a serious danger to the
maintenance of International Peace and Security. The Security
Council, therefore, decides to keep the situation in Spain under
continuous observation and keep the question on the list of
matters of which it is seized, in order to be able to take such
measures as may be necessary in the interest of peace and
security.

But the Security Council will take up the matter again not later
than September 1st, 1946, in order to determine what appropriate
practical measures provided by the Charter should be taken. Any
member of the Security Council has a right to bring the matter up
before the Security Council at any time before the mentioned
date.'

6. Dr. Evatt objected that in case of Article [12](1) [3] of the
Charter this resolution if adopted might prevent the Assembly from
making recommendations on the Spanish question. Also it was not
correct to say that investigation established that the Franco
Regime was a serious danger to the maintenance of peace. The Sub-
Committee had found merely that continuance of the Regime is
likely to endanger peace. Finally, he felt generally that when
questions were raised in Council they should be disposed of and
the States should be responsible for raising them again if
necessary.

7. Poland replied that the resolution was not intended to
prejudice the jurisdiction of the Assembly. The Council could
remove the matter from the list of matters of which it is seized
at any time so that the Assembly might consider it. Conclusion
regarding results of investigation was that of Poland alone with
which it was hoped Council would agree.

8. United Kingdom, United States and France supported Australia's
objections and, to meet first objections, the United Kingdom
suggested insertion in the last sentence of first paragraph after
words 'observation and' the phrase 'pending meeting of Assembly in
September'.

9. Soviet supported by Poland, opposed this amendment. Although
the resolution was weak they were prepared to accept it. However,
the United Kingdom amendment would mean when the Council
reconsidered the matter in September, it would be compelled to
remit it to the Assembly.

10. On Poland's suggestion a Committee of Australia, United
Kingdom and Poland was appointed to find a new text. Dr. Evatt was
appointed chairman. The Council then adjourned until Wednesday
afternoon.

11. Throughout proceedings today Australia adopted the role of
leader and Dr. Evatt's proposals found approval of the majority of
the Council. Poland and the Soviet now appear to be indulging in
face-saving tactics. However, provided the latest Polish
resolution is amended to safeguard the jurisdiction of the
Assembly and conform to findings of Sub-Committee, there appears
to be no serious objection and probably the Committee will agree
on text along these lines.