810.5051/6–2244
The Secretary of State to the Ambassador in Colombia (Lane)
The receipt is hereby acknowledged of the Embassy’s despatch no. 3973 of June 22, 1944 concerning the suit brought against the Institute of Inter-American Affairs by Dr. Max Llorente O. Accompanying the despatch is a copy of a letter of June 19, 1944 from Mr. Otis B. Bosworth, Counsel in Colombia for the Coordinator of Inter-American Affairs, to Mr. John Lockwood, General Counsel, from which it appears that an answer to the suit in question was filed in the court on May 16 last. It further appears that this answer did not disclose the nature of the Institute as an instrumentality of the Government of the United States, but related to the merits of the case.
The above-mentioned suit has been discussed orally with Mr. Lockwood, and it is understood that he is about to leave for Colombia with the expectation of meeting Mr. Bosworth at Barranquilla on July 20 for the purpose of discussing legal problems, including this suit, and the possibility of having it disposed of through a direct settlement. In this connection he emphasized the importance of endeavoring to preserve the principle of immunity in behalf of the Institute.
Whether it will be possible for the Institute to withdraw the answer which, as indicated above, has already been filed and to substitute a plea of immunity is not at present clear. However, if it is found possible to follow this course, the Ambassador should send a formal communication to the Foreign Minister claiming immunity for the Institute as an organization owned and controlled by the Government of the United States and carrying on its activities in Colombia as an agency, and under the direction, of this Government.