501.AD/7–3046
The Legal Adviser (Fahy) to the United Nations Assistant Secretary-General for Legal Affairs (Kerno)
My Dear Mr. Kerno: This will confirm the understanding of the State Department regarding the proposed agreement between the United Nations and the United States with respect to the establishment of the permanent headquarters of the United Nations.42
The attached draft43 embodies the changes in the document originally submitted to the Secretary-General by the General Assembly which have resulted from the extremely helpful and friendly negotiations recently held between representatives of the United Nations and the Department of State, in which representatives of the States of Connecticut and New York also participated.
An effort was made in these negotiations to reach a form of agreement which would be suitable regardless of the location and size of the headquarters, on the theory that, before the agreement is actually executed, the details which must be worked out after determination of the location and size would be incorporated in an annex. Very satisfactory progress has been made in this respect, but it seems unwise, for two reasons, to approve this document definitely now as representing agreement between the Secretary-General and the Department of State.
In the first place, the significance of several provisions of the proposed agreement cannot be adequately determined except in the light of specific locations which may be under consideration and with the benefit of consultation with representatives of the particular communities affected. This is especially true with respect to such matters as loss of local tax revenues and the effect on land values of the proposed option to acquire additional land in the defined “zone”.
In the second place, although the Committee named by the General Assembly to assist in the negotiation of the agreement is no longer in session, the Headquarters Commission is continuing to explore with various local officials many of the legal problems which may be involved. These discussions are almost sure to shed new light on various matters which are covered by the proposed agreement and to result in suggestions for mutually agreeable modifications.
It is understood that the attached draft agreement will be included in the report of the Secretary-General to the General Assembly as [Page 93] representing the result of the negotiations to date; that it is to be regarded as an unfinished draft, with respect to which both parties remain free to request modifications in the light of various factors which may be developed as particular locations come up for specific consideration; that the Secretary-General’s report including this document will be made public; but that all copies of the draft agreement which are released either by the United Nations or by this Department will be plainly marked so as to indicate that it is an unfinished or working draft only and has not been finally approved by either party.
Allow me to express once more my appreciation of the friendly spirit, devotion to the ideals of the United Nations, and keen understanding of the many problems involved, which have been shown by you and your associates and the members of the Negotiating Committee in the course of our discussions of this subject.
Sincerely yours,