500.C211/–
The Chief of the Division of Western European Affairs ( Marriner ) to the Acting Counselor of the British Embassy ( Chilton )
Dear Chilton: I beg to refer to your letter of September 28, 1927, in which you request to be informed regarding the privileges officials of the League of Nations are entitled to in this country. You state that you understand in certain circumstances League officials are granted diplomatic visas by the United States Government.
As you are doubtless aware, under customary International Law diplomatic privileges and immunities are only conferred upon a well defined class of persons, namely those who are sent by one State to another on diplomatic missions. Officials of the League of Nations are not, as such, considered by the Department to be entitled to such privileges and immunities under generally accepted principles of International Law but only under special provisions of the Covenant of the League which can have no force in countries not members of the League.
In the estimation of this Department the executive authorities of this Government would not be warranted, under our law which is declaratory of International Law, in according to officials of the League of Nations diplomatic privileges and immunities in the United States since such persons are not comprehended in the definition of diplomatic officers contained in our Statutes.
I may add that such an official would customarily be given a diplomatic visa on the basis of his diplomatic passport and accorded the courtesies usually extended to holders of such passports. You will appreciate the fact, however, that no assurance can be given that such a visa would be regarded as entitling the holder to the privileges and immunities of a diplomatic officer provided for in the laws of the United States.
Sincerely yours,