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and inspect manufacturers and distributors; maintain controls on imports and exports; require reporting of activities to an international body; and subject countries responsible for diversions to criticism of an international body. This is precisely what the convention on psychotropic substances purports to do.

Hearings on Psychotropic Substances Act, before the Subcommittee on Health and the Environment, Interstate and Foreign Commerce, House of Representatives, 94th Cong., 2d Sess. on H.R. 5359, H.R. 685, and H.R. 1530, May 20, 1976, pp. 50-56. The printed hearings contain, inter alia, answers to subcommittee questions submitted to Mr. Miller following his testimony on May 20, 1976, and a discussion of the convention, adopted at Vienna, Feb. 21, 1971. The bills died in Committee in the 94th Cong.

Bilateral Agreements

Through exchanges of notes between the United States and Mexico on January 29, 1976, and February 4, 1976, the United States undertook increased support of Mexican efforts to curb the illegal production of narcotics. Under the January 29 notes (TIAS 8294, 8449; 27 UST), the United States agreed to supply the Mexican Government with two short-take-off and landing aircraft, one high speed personnel transport, and reimbursement for lease of a personnel transport aircraft for a 90-day period, with a total cost to the U.S. Government not exceeding $1,600,000. These would be used for rapid supply of equipment, expendables, and personnel to remote and otherwise inaccessible areas of Mexico in furtherance of the narcotics suppression program.

In the February 4, 1976, exchange (TIAS 8294; 27 UST 1973), the U.S. Government agreed to provide film, paper, chemicals, and other photographic supplies for the Mexican aerial photographic poppy detection system at a cost of $50,000. In addition, the United States agreed to provide $1,250,000 for miscellaneous supplies, equipment, and services to be used in the opium narcotics eradication programs of the Mexican Government.

Further notes on the subject of narcotic drugs traffic were exchanged by the United States and Mexico on May 18, June 30, Aug. 9 and 13, Sept. 30, 1976, and Nov. 22, 1976.

Control of Toxic Substances

The Toxic Substances Control Act (P.L. 94-469; 90 Stat. 2003; 15 U.S.C. 2601-2629) was signed into law on October 11, 1976. Its stated purpose is to regulate commerce and protect health and environment by requiring testing and necessary restrictions on certain chemical substances and mixtures.

Sections 12 and 13 of the Act relate to international trade in chemical substances, mixtures, or articles. Section 12 - Exports

provides that with certain exceptions the Act shall not apply to any chemical substance, mixture, or article containing a substance or mixture if it can be shown that it is being manufactured, processed, sold, or held for sale, for export from the United States, unless it was, in fact, manufactured, processed, sold, or held for sale, for use in the United States. Thus, for example, a manufacturer facing an enforcement proceeding for manufacturing a substance for domestic use in violation of the Act could not claim the benefits of the exemption in order to export the noncomplying substance. To qualify for the export exemption, a chemical substance, mixture, or article or container in which it is enclosed when distributed in commerce must bear a stamp or label stating that it is intended for export. There is also a requirement for notification of any export or intended export to a foreign country of certain chemical substances or mixtures. The Administrator of the Environmental Protection Agency must furnish to the government of the country of destination timely notice of the availablity of data submitted or of rules applicable under the Act. Section 13 Entry into Customs Territory of the United States provides that the Secretary of the Treasury is to refuse entry into the United States of any chemical substance, mixture, or article containing such if it fails to comply with any rule in effect under the Act, or if it is offered for entry in violation thereof. The Secretary is required to notify the consignee of any chemical substance, mixture, or article which is refused entry, and is to cause its disposal or storage if it has not been exported within 90 days from the date the consignee receives notice of refusal of entry.

See H. Repts. 94-1341 and 94-1679, and S. Repts. 94-698 and 94-1302.

World Health Organization

Ambassador William W. Scranton, U.S. Representative to the United Nations, in a statement issued on May 21, 1976, protested the refusal by the World Health Assembly (WHA) to consider the report of three physicians on the situation in the Israeli-occupied territories as it related to the health care of the inhabitants. Ambassador Scranton stated, in part:

Israel permitted an investigation by the individual physicians, but not as a committee. The WHA now has gone on to demand that the committee as a whole visit the occupied territories-in other words, the same men should go back and see the same things, but this time as a trio. Perhaps the mode by which Israel chose to cooperate with the WHA was less than perfect. The key point is that Israel chose to cooperate. It met the WHA more than halfway.

How did the WHA respond to this effort at cooperation? It responded by placing shortrun, irrelevant considerations ahead of health concerns. It refused to consider the report of the physicians it itself had designated. It adopted instead a highly political resolution which deals mostly with Israeli behavior in matters unrelated to health in occupied territories. The United Nations has appropriate bodies, such as the Security Council, for the handling of political issues, and the situation in the West Bank area is under active consideration in the Security Council at this time.

The absence of balance, the lack of perspective, and the introduction by the WHA of political issues irrelevant to the responsibilities of the WHA do no credit to the United Nations....

Clearly the WHA action is a gross political interference in matters of health care. .

Dept. of State Bulletin, Vol. LXXV, No. 1932, July 5, 1976, p. 37.

Chapter 12

SCIENTIFIC, EDUCATIONAL AND
CULTURAL AFFAIRS

81 Scientific Affairs

Scientific and

U.S. - Spain

Technical Cooperation Agreements

Article III of the U.S.-Spain Treaty of Friendship and Cooperation, signed January 24, 1976 (TIAS 8360; 27 UST; entered into force September 21, 1976), together with Supplementary Agreement No. 3 and a related exchange of notes, provides for a broad program of scientific and technical cooperation for peaceful purposes, with principal emphasis on areas having significance to the social and economic welfare of the peoples of Spain and the United States as well as to developmental progress.

Secretary of State Kissinger, in his report of February 2, 1976, to the President concerning the treaty (Senate Executive Report 94-25, 94th Cong., 2d Sess.) stated that a total of $23 million would be provided by the United States in the form of grant to support this five-year program. He also stated that one of the first matters of concern in scientific and technological cooperation would be studies relating to a solar energy institute which Spain wished to establish, with some seed money for the studies being drawn from the U.S. grant.

Under the Supplementary Agreement, cooperation in science and technology is to be coordinated through the Joint Committee for Scientific and Technological Cooperation. An annual program of scientific and technical cooperation is to be established through exchange of diplomatic notes or through formal decision of the U.S.Spanish Council, acting on the basis of recommendations of the Committee.

Scientific and technical information of a non-proprietary nature resulting from cooperation under the agreement is to be made available to the world scientific community. The disposition of any patents, know-how, and other proprietary property derived from the cooperative activities is to be provided for in specific agreements. In the energy field, cooperation is to remain in the context of the

International Energy Agency. Guidelines are also provided for cooperation for peaceful purposes in the nuclear field, solar energy research, environmental and urban problems, agriculture, and natural resources.

U.S.- Republic of Korea

The United States and the Republic of Korea signed an umbrella agreement relating to scientific and technical cooperation between their two governments, on November 22, 1976 (TIAS 8456; 27 UST). It provides opportunities for exchanging scientific and technical information, exchanging scientists and technical experts, the conduct of joint research in basic and applied sciences and technical cooperation as may be mutually agreed. Third country or international organization participation in programs is possible, if agreed. Unless otherwise provided for in an implementing arrangement, each party to the agreement is to bear the cost of its participation in cooperative activities under the agreement.

Scientific and technical information of a non-proprietary nature derived from the activities conducted under the agreement are to be made available unless otherwise agreed, to the world scientific community through customary channels. Disposition of patents, designs, and other industrial property arising from the activities is to be provided for in implementing arrangements. The agreement has a five-year term.

Metric System

The Department of Commerce issued in the Federal Register of December 10, 1976, a notice of interpretation and modification for the United States of the international metric system. Under the Metric Conversion Act of 1975 (P.L. 94-168; 89 Stat. 1007; 15 U.S.C. 205) and the Education Amendments of 1974 (P.L. 93-380; 88 Stat. 547; 20 U.S.C. 1862), the "metric system of measurement" is defined as the International System of Units as established by the General Conference of Weights and Measures in 1960 and interpreted or modified for the United States by the Secretary of Commerce. In implementation of that authority, the Department set forth tables and associated materials containing official U.S. interpretations and modifications of the international system, and it listed those units and terms used in section 2 of the Act of July 28, 1866, that legalized the metric system of weights and measures in the United States, which are no longer accepted for U.S. use.

Fed. Reg., Vol. 41, No. 239, Dec. 10, 1976, pp. 54018-54019.

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