501.AC/5–2846
The Acting Secretary of State ( Acheson ) to the Acting United States Representative at the United Nations ( Johnson )
The Acting Secretary of State refers to telegram No. 244, dated May 28, 1946, concerning a conversation with Dr. Quo and Sir Alexander Cadogan during which the question of diplomatic immunities for representatives to the Security Council was discussed.
There are enclosed for the information of the Acting United States Representative five copies of Senate Bill No. 2472 (79th Congress, 2d Session),44 to amend Public Law 291, the International Organizations Immunities Act, It will be observed that the proposed amendment is designed to give the Secretary General and the Assistant Secretaries General of the United Nations and principal resident representatives of Members and certain of their staffs the same privileges, exemptions, and immunities as are accorded diplomatic envoys of foreign governments. This amendment will, if enacted, give effect to Section 19 of the General Convention on Privileges and Immunities of the United Nations, and to Section 27 of the June 20, 1946 draft Convention/Agreement between the United Nations and the United States of America (SD/A/NC/8).44
It would be appreciated if the Acting United States Representative would bring this legislation to the attention of the Assistant Secretary [Page 94] General for Legal Affairs of the United Nations as well as to the attention of such resident representatives of Members as may be interested.
There are also enclosed five copies of Public Law 291, which, as Implemented by Executive Order 9698, February 19, 1946, but without the proposed amendment, confers many privileges, exemptions, and immunities upon alien officers and employees of international organizations, upon aliens designated by foreign governments to serve as their representatives in or to such organizations, and upon the families and servants of such persons. Among other privileges, exemptions, and immunities are exemption from federal income tax upon salaries earned in the United States, customs courtesies upon initial arrival, and immunity from suit and legal process relating to acts performed in official capacities. Persons of the above categories are also entitled to the same privileges, exemptions and immunities as are accorded under similar circumstances to officers and employees of foreign governments and members of their families so far as alien registration, fingerprinting, and registration of foreign agents, are concerned.
The privileges and immunities given by the International Organizations Immunities Act are not of course “diplomatic” privileges and immunities, but until such time as the proposed amendment becomes law it appears that representatives of Members must rely on Public Law 291 for such privileges, exemptions, and immunities as they may claim. The Acting United States Representative is authorized to use the information in this instruction in any way he deems appropriate.