The Governments or Authorities whose duly authorized
representatives have subscribed hereto,
Being United Nations or being associated with the United
Nations in this war,
Being determined that immediately upon the liberation
of any area by the armed forces of the United Nations or as a consequence
of retreat of the enemy the population thereof shall receive aid and
relief from their sufferings, food, clothing and shelter, aid in the
prevention of pestilence and in the recovery of the health of the people,
and that preparation and arrangements shall be made for the return of
prisoners and exiles to their homes and for assistance in the resumption
of urgently needed agricultural and industrial production and the restoration
of essential services,
Have agreed as follows:
ARTICLE I
There is hereby established the United Nations Relief
and Rehabilitation Administration.
1. The Administration shall have power to acquire,
hold and convey property, to enter into contracts and undertake obligations,
to designate or create agencies and to review the activities of agencies
as created, to manage undertakings and in general to perform any legal
act appropriate to its objects and purposes.
2. Subject to the provisions of Article VII, the purposes
and functions of the Administration shall be as follows:
(a) To plan, coordinate, administer or arrange for
the administration of measures for the relief of victims of war in any
area under the control of any of the United Nations through the provision
of food, fuel, clothing, shelter and other basic necessities, medical
and other essential services; and to facilitate in such areas, so far
as necessary to the adequate provision of relief, the production and
transportation of these articles and the furnishing of these services.
The form of activities of the Administration within the territory of
a member government wherein that government exercises administrative
authority and the responsibility to be assumed by the member government
for carrying out measures planned by the Administration therein shall
be determined after consultation with and with the consent of the member
government.
(b) To formulate and recommend measures for individual
or joint action by any or all of the member governments for the coordination
of purchasing, the use of ships and other procurement activities in
the period following the cessation of hostilities, with a view to integrating
the plans and activities of the Administration with the total movement
of supplies, and for the purpose of achieving an equitable distribution
of available supplies. The Administration may administer such coordination
measures as may be authorized by the member governments concerned.
(c) To study, formulate and recommend for individual
or joint action by any or all of the member governments measures with
respect to such related matters, arising out of its experience in planning
and performing the work of relief and rehabilitation, as may be proposed
by any of the member governments. Such proposals shall be studied and
recommendations formulated if the proposals are supported by a vote
of the Council, and the recommendations shall be referred to any or
all of the member governments for individual or joint action if approved
by unanimous vote of the Central Committee and by the vote of the Council.
ARTICLE II. MEMBERSHIP
The members of the United Nations Relief and Rehabilitation
Administration shall be the governments or authorities signatory hereto
and such other governments or authorities as may upon application for
membership be admitted thereto by action of the Council. The Council
may, if it desires, authorize the Central Committee to accept new members
between sessions of the Council.
Wherever the term "member government" is used in this
Agreement it shall be construed to mean a member of the Administration
whether a government or an authority.
ARTICLE III. THE COUNCIL
1. Each member government shall name one representative,
and such alternates as may be necessary, upon the Council of the United
Nations Relief and Rehabilitation Administration, which shall be the
policy-making body of the Administration. The Council shall, for each
of its sessions, select one of its members to preside at the session.
The Council shall determine its own rules of procedure. Unless otherwise
provided by the Agreement or by action of the Council, the Council shall
vote by simple majority.
2. The Council shall be convened in regular session
not less than twice a year by the Central Committee. It may be convened
in special session whenever the Central Committee shall deem necessary,
and shall be convened within thirty days after request therefor by one-third
of the members of the Council.
3. The Central Committee of the Council shall consist
of the representatives of China, the Union of Soviet Socialist Republics,
the United Kingdom, and the United States of America, with the Director
General presiding, without vote. Between sessions of the Council it
shall when necessary make policy decisions of an emergency nature. All
such decisions shall be recorded in the minutes of the Central Committee
which shall be communicated promptly to each member government. Such
decisions shall be open to reconsideration by the Council at any regular
session or at any special session called in accordance with Article
III, paragraph 2. The Central Committee shall invite the participation
of the representative of any member government at those of its meetings
at which action of special interest to such government is discussed.
It shall invite the participation of the representative serving as Chairman
of the Committee on Supplies of the Council at those of its meetings
at which policies affecting the provision of supplies are discussed.
4. The Committee on Supplies of the Council shall consist
of the members of the Council, or their alternates, representing those
member governments likely to be principle suppliers of materials for
relief and rehabilitation. The members shall be appointed by the Council,
and the Council may authorize the Central Committee to make emergency
appointments between sessions of the Council, such appointments to continue
until the next session of the Council. The Committee on Supplies shall
consider, formulate and recommend to the Council and the Central Committee
policies designed to assure the provision of required supplies. The
Central Committee shall from time to time meet with the Committee on
Supplies to review policy matters affecting supplies.
5. The Committee of the Council for Europe shall consist
of all the members of the Council, or their alternates, representing
member governments or territories within the European area and such
other members of the Council representing other governments directly
concerned with the problems of relief and rehabilitation in the European
area as shall be appointed by the Council; the Council may authorize
the Central Committee to make these appointments in cases of emergency
between sessions of the Council, such appointments to continue until
the next session of the Council. The Committee of the Council for the
Far East shall consist of all members of the Council, or their alternates,
representing member governments of territories within the Far Eastern
area and such other members of the Council representing other governments
directly concerned with the problems of relief and rehabilitation in
the Far Eastern area as shall be appointed by the Council; the Council
may authorize the Central Committee to make these appointments in cases
of emergency between sessions of the Council, such appointments to continue
until the next session of the Council. The regional committees shall
normally meet within their respective areas. They shall consider and
recommend to the Council and the Central Committee policies with respect
to relief and rehabilitation within their respective areas. The Committee
of the Council for Europe shall replace the Inter-Allied Committee on
European post-war relief established in London on September 24, 1941
and the records of the latter shall be made available to the Committee
for Europe.
6. The Council shall establish such other standing
regional committees as it shall consider desirable, the functions of
such committees and the method of appointing their members being identical
to that provided in Article III, paragraph 5 with respect to the Committees
of the Council for Europe and for the Far East. The Council shall also
establish such other standing committees as it considers desirable to
advise it, and, in intervals between sessions of the Council, to advise
the Central Committee. For such standing technical committees as may
be established, in respect of particular problems such as nutrition,
health, agriculture, transport, repatriation, and finance, the members
may be members of the Council or alternates nominated by them because
of special competence in their respective fields of work. The members
shall be appointed by the Council, and the Council may authorize the
Central Committee to make emergency appointments between sessions of
the Council, such appointments to continue until the next session of
the Council. Should a regional committee so desire, subcommittees of
the standing technical committees shall be established by the technical
committees in consultation with the regional committees, to advise the
regional committees.
7. The travel and other expenses of members of the
Council and of members of its committees shall be borne by the governments
which they represent.
8. All reports and recommendations of committees of
the Council shall be transmitted to the Director General for distribution
to the Council and the Central Committee by the secretariat of the Council
established under the provisions of Article IV, paragraph 4.
ARTICLE IV. THE DIRECTOR GENERAL
1. The executive authority of the United Nations Relief
and Rehabilitation Administration shall be in the Director General,
who shall be appointed by the Council on the nomination by unanimous
vote of the Central Committee. The Director General may be removed by
the Council on recommendation by unanimous vote of the Central Committee.
2. The Director General shall have full power and authority
for carrying out relief operations contemplated by Article I, paragraph
2 (a), within the limits of available resources and the broad policies
determined by the Council or its Central Committee. Immediately upon
taking office he shall in conjunction with the military and other appropriate
authorities of the United Nations prepare plans for the emergency relief
of the civilian population in any area occupied by the armed forces
of any of the United Nations, arrange for the procurement and assembly
of the necessary supplies and create or select the emergency organization
required for this purpose. In arranging for the procurement, transportation,
and distribution of supplies and services, he and his representatives
shall consult with the appropriate authorities of the United Nations
and shall, wherever practicable, use the facilities made available by
such authorities. Foreign voluntary relief agencies may not engage in
activity in any area receiving relief from the Administration without
the consent and unless subject to the regulation of the Director General.
The powers and duties of the Director General are subject to the limitations
of Article VII.
3. The Director General shall also be responsible for
the organization and direction of the functions contemplated by Article
I, paragraphs 2 (b) and 2 (c).
4. The Director General shall appoint such Deputy Directors
General, officers, expert personnel, and staff at his headquarters and
elsewhere, including field missions, as he shall find necessary, and
he may delegate to them such of his powers as he may deem appropriate.
The Director General, or upon his authorization the Deputy Directors
General, shall supply such secretariat and other staff and facilities
as shall be required by the Council and its committees, including the
regional committees and subcommittees. Such Deputy Directors General
as shall be assigned special functions within a region shall attend
meetings of the regional standing committee whenever possible and shall
keep it advised on the progress of the relief and rehabilitation program
within the region.
5. The Director General shall make periodic reports
to the Central Committee and to the Council covering the progress of
the Administration's activities. The reports shall be made public except
for such portions as the Central Committee may consider it necessary,
in the interest of the United Nations, to keep confidential; if a report
affects the interests of a member government in such a way as to render
it questionable whether it should be published, such government shall
have an opportunity of expressing its views on the question of publication.
The Director General shall also arrange to have prepared periodic reports
covering the activities of the Administration within each region and
he shall transmit such reports with his comments thereon to the Council,
the Central Committee and the respective regional committees.
ARTICLE V. SUPPLIES AND RESOURCES
1. In so far as its appropriate constitutional bodies
shall authorize, each member government will contribute to the support
of the Administration in order to accomplish the purposes of Article
I, paragraph 2 (a). The amount and character of the contributions of
each member government under this provision will be determined from
time to time by its appropriate constitutional bodies. All such contributions
received by the Administration shall be accounted for.
2. The supplies and resources made available by the
member governments shall be kept in review in relation to prospective
requirements by the Director General, who shall initiate action with
the member governments with a view to assuring such additional supplies
and resources as may be required.
3. All purchases by any of the member governments,
to be made outside their own territories during the war for relief or
rehabilitation purposes, shall be made only after consultation with
the Director General, and shall, so far as practicable, be carried out
through the appropriate United Nations agency.
ARTICLE VI. ADMINISTRATIVE EXPENSES
The Director General shall submit to the Council an
annual budget, and from time to time such supplementary budgets as may
be required, covering the necessary administrative expenses of the Administration.
Upon approval of a budget by the Council the total amount approved shall
be allocated to the member governments in proportions to be determined
by the Council.
Each member government undertakes, subject to the
requirements of its constitutional procedure, to contribute to the Administration
promptly its share of the administrative expenses so determined.
ARTICLE VII
Notwithstanding any other provision herein contained,
while hostilities or other military necessities exist in any area, the
Administration and its Director General shall not undertake activities
therein without the consent of the military command of that area, and
unless subject to such control as the command may find necessary. The
determination that such hostilities or military necessities exist in
any area shall be made by its military commander.
ARTICLE VIII. AMENDMENT
The provisions of this Agreement may be amended as
follows:
a. Amendments involving new obligations for member
governments shall require the approval of the Council by a two-thirds
vote and shall take effect for each member government on acceptance
by it;
b. Amendments involving modification of Article III
or Article IV shall take effect on adoption by the Council by a two-thirds
vote, including the votes of all the members of the Central Committee;
c. Other amendments shall take effect on adoption by
the Council by a two-thirds vote.
ARTICLE IX. ENTRY INTO FORCE
This Agreement shall enter into force with respect to each signatory
on the date when the Agreement is signed by that signatory, unless otherwise
specified by such signatory.
ARTICLE X. WITHDRAWAL
Any member government may give notice of withdrawal
from the Administration at any time after the expiration of six months
from the entry into force of the Agreement for that government. Such
notice shall take effect twelve months after the date of its communication
to the Director General subject to the member government having met
by that time all financial, supply or other material obligations accepted
or undertaken by it.
IN WITNESS WHEREOF, this Agreement is signed by the
following representatives, duly authorized for that purpose by their
respective Governments or Authorities.
DONE in Washington this ninth day of November, one
thousand nine hundred forty-three, in the English language, the original
to be deposited in the archives of the Department of State of the United
States of America, and certified copies thereof to be furnished by the
Government of the United States of America to each of the Governments
and Authorities on whose behalf this Agreement is signed.
[The agreement was signed by representatives of Australia,
Belgium, Bolivia, the United States of Brazil, Canada, Chile, China,
Colombia, Costa Rica, Cuba, Czechoslovakia, Dominican Republic, Ecuador,
Egypt, El Salvador, Ethiopia, French Committee of National Liberation,
Greece, Guatemala, Haiti, Honduras, Iceland, India, Iran, Iraq, Liberia,
Luxembourg, United Mexican States, Netherlands, New Zealand, Nicaragua,
Norway, Panama, Paraguay, Peru, Philippine Commonwealth, Poland, Union
of South Africa, Union of Soviet Socialist Republics, United Kingdom
of Great Britain and Northern Ireland, United States of America, Uruguay,
Venezuela, and Yugoslavia.
The agreement was signed on behalf of 14 governments
with a reservation or statement to the effect, in each case, that the
agreement was signed subject to ratification or legislative approval.
The 14 governments on behalf of which the agreement was signed with
such a reservation or statement are as follows: Chile, Colombia, Cuba,
Ecuador, Ethiopia, Guatemala, India, Iran, Iraq, United Mexican States,
Nicaragua, Peru, Uruguay, and Venezuela.]