501.AD/8–246

The United Nations Assistant Secretary-General for Legal Affairs (Kerno) to the Legal Adviser (Fahy)

My Dear Mr. Fahy: I acknowledge with thanks the receipt of your letter of July 30th, and the enclosed copy of the draft instrument relating to the establishment of the permanent headquarters of the United Nations.

It is also my understanding that the draft instrument does not, at this stage, represent a definitive agreement between the Secretary-General and the Secretary of State, and that further discussions may be needed when a specific location is chosen as the site of the permanent headquarters. I am certain that you share my hope that it will be possible to hold these further discussions during the forthcoming session of the General Assembly, with a view to submitting a definitive text before the Assembly adjourns.

It is the intention of the Secretary-General to report on this matter to the General Assembly and to transmit the present text with the explanation that it represents the results of negotiations to date and that a definitive text will be prepared at a later date, probably during the course of the session.45

In publishing the text, the Secretariat will use the following caption: “Working Draft—Not as yet finally approved by either party”. I would suggest that a similar caption might be used on any text released by the Department of State.

May I thank you again for the close and helpful co-operation which we have had from you and your associates, and in particular the broad comprehension of the needs of the United Nations which you have shown in our negotiations.

Sincerely yours,

Ivan Kerno
  1. For joint report by the Secretary-General and the Negotiating Committee on the negotiations with the authorities of the United States concerning the arrangements required as a result of the establishment of the seat of the United Nations in the United States, see United Nations document A/67, 1 September, 1946.