501.AC/8–646
The Legal Adviser (Fahy) to the United Nations Assistant Secretary-General for Legal Affairs (Kerno)
My Dear Mr. Kerno: I have received your letter of August 6 proposing that consideration be given to the conclusion of an interim agreement on privileges and immunities to contain certain of the provisions of the general convention on privileges and immunities of the United Nations and of the convention on the site, pending their coming into force.
In reply, I am pleased to state that should the United Nations Secretariat indicate to this Department the specific privileges and immunities which are desired, and which may not now be obtained under the “International Organizations Immunities Act”, Public Law 291, 79th Cong., 1st sess., approved December 29, 1945, sympathetic consideration will be given by the Department to the matter.
Sincerely yours,
[For an opinion furnished to the Secretary of State by the Acting Attorney General (McGranery) at the request of representatives of the United Nations as to whether an agreement (regarding a site convention) would have the same binding effect as a treaty in superseding inconsistent State and local laws, see text of letter from Mr. McGranery, dated August 20, in Department of State Bulletin, December 8, 1946, pages 1068 ff.
The Acting Attorney General stated, in conclusion, “… there can be no doubt that the proposed agreement, if executed pursuant to congressional authority, will supersede incompatible State and local laws. As the Supreme Court stated … ‘It is inconceivable’ that State constitutions, State laws, and State policies ‘can be interposed as an obstacle to the effective operation of a federal constitutional power. …’”
The Legal Adviser forwarded a copy of this opinion to Mr. Kerno in a letter of August 26, with the observation that, “In view of the Acting Attorney General’s definite opinion that an executive agreement executed pursuant to authorization by a joint resolution of Congress would have the same force as a treaty, I assume that the United Nations will regard the choice between an executive agreement and a treaty as a matter for determination by the United States in accordance with its own constitutional requirements and governmental policies.” (501.AD/8–2646).]