December 30, 1982
On December 3 the United Nations General Assembly passed a resolution that would, among
other things, finance the Preparatory Commission under the Law of the Sea treaty from the
regular U.N. budget.
My administration has fought hard to uphold fiscal responsibility in the United Nations system
and, in this case, consistently opposed this financing scheme. It is not a proper expense of the
United Nations within the meaning of its own Charter, as the Law of the Sea Preparatory
Commission is legally independent of and distinct from the U.N. It is not a U.N. subsidiary organ
and not answerable to that body. Membership in the U.N. does not obligate a member to finance
or otherwise support this Law of the Sea organization.
Moreover, these funds are destined to finance the very aspects of the Law of the Sea treaty that
are unacceptable to the United States and that have resulted in our decision, as I announced on
July 9, 1982, not to sign that treaty. The Preparatory Commission is called upon to develop rules
and regulations for the seabed mining regime under the treaty. It has no authority to change the
damaging provisions and precedents in that part of the treaty. For that reason, the United States is
not participating in the Commission.
My administration has conducted a review of the financing scheme for this Commission. That
review has confirmed that it is an improper assessment under the U.N. Charter that is not legally
binding upon members. It is also adverse to the interests of the United States. While the United
States normally pays 25 percent of the regular U.N. budget, the United States is opposed to
improper assessments and is determined to resist such abuses of the U.N. budget.
In this light, I have decided that the United States will withhold its pro rata share of the cost to
the United Nations budget of funding the Preparatory Commission.