840.50/2835: Airgram
The Ambassador in the United Kingdom (Winant) to the Secretary of State
[Received October 22—5 p.m.]
A–1248. Reference Embassy’s 6449, September 25 and Department’s 6227, October 7. Text of Department’s 6227 transmitting comments on the question raised by Sir Frederick Leith-Ross regarding the legal status, under national law, of UNRRA and its officers was transmitted to Sir Frederick Leith-Ross by Embassy’s letter of October 8.
Following acknowledgement has been received under date of October 15, 1943:—
“I am much obliged to you for your letter of 8th October enclosing telegram dated 7th October communicating the views of the legal advisers of Governor Lehman’s staff about the legal status of U.N.R.R.A.
“I have discussed the question with our legal authorities and while they would not regard it as by any means certain that our Courts would accept the view that the international agreement by itself creates a new legal person, they do not anticipate that in practice there would be any difficulty about U.N.R.R.A. owning movable property or entering into contracts, and they would be disinclined to attempt legislation unless it is found to be necessary. They would be interested, however, to get further information on the position of U.N.R.R.A. and its officers under United States law and whether any legislation is contemplated in the United States.”
Embassy has informed Leith-Ross that any further information received from Washington in connection with the last sentence of his letter quoted above will be forwarded to him promptly. In connection with the question he raised it is noted that in Department’s 6227 the first paragraph of “the quoted section included the observation:
“whether legislation designed to recognize the capacity and powers conferred upon UNRRA by the agreement is necessary or is desirable as a matter of practical convenience in any particular country is clearly a matter for decision by the authorities of that country …”
It is also noted that in the second paragraph of the quoted section, with reference to protection in the nature of diplomatic privileges for officers of UNRRA working abroad, consideration is being given as to the advisability of seeking legislation by the American Congress on the subject.
If American legislation to recognize the capacity and powers of UNRRA is considered necessary or desirable, early advice to the Embassy for transmittal to Sir Frederick Leith-Ross will be appreciated. [Page 1009] Similarly the Embassy would appreciate advice if Congress is to be approached for legislation to protect officers of UNRRA working abroad.