Foreign Relations of the United States, 1946, General; the United Nations, Volume I

501.AC/9–346

Memorandum by the Director of the Office of Special Political Affairs ( Hiss ) to the Acting Secretary of State ( Clayton )

[ Washington ,] September 3–9, 1946.

There is attached a draft letter to the Director of the Bureau of the Budget⁴⁶ requesting the usual clearance for sending to the Congress a letter concerning our accession to the Convention on Privileges and Immunities of the United Nations which was adopted by the General Assembly of the United Nations in February 1946. This Convention is open for accession by all states members of the United Nations. It is designed to implement the provisions of Articles 104 and 105 of the Charter of the United Nations which provide that the Organization and its employees and representatives to the Organization are to enjoy such privileges and immunities as are necessary for the fulfillment of the purposes of the United Nations.

We have discussed this matter with Mr. Fahy and he is in agreement that, even though Congress is in adjournment, the Convention should be transmitted to Congress. This will protect us when the General Assembly meets in late September against any charges of delay in taking steps looking toward United States accession to the Convention. The matter is especially important in view of the fact that the United States is host to the United Nations.

The draft letters to the President pro tempore of the Senate and the Speaker of the House review our problems in connection with granting privileges and immunities not only to the United Nations but to other public international organizations.⁴⁷

Attention is particularly invited to Article VII of the Convention which grants the United Nations authority to issue a laissez-passer (let pass). The Passport and Visa Divisions have indicated some doubts as to the wisdom of this Article and have suggested that the article be omitted or that we take a reservation. Copies of their memoranda on this matter are in the underlying file.⁴⁸ The Legal Adviser’s Office (as indicated by underlying memoranda⁴⁸) concur with our view that it would be unwise for this Government to take a reservation on Article VII of the General Convention. Such a reservation would defeat the purpose of the provision which is to enable travel on necessary business by officials who because of special circumstances are unable to obtain passports. It should also be noted that the United States is the host state and that the United States Delegation did not make any reservation on this point in voting for this Convention, although it did make reservations on tax exemption and military service. Legal objections to permitting the United Nations to issue a laissez-passer to an American citizen would, of course, be taken care of by passage of the joint resolution attached to the draft letters to the Congress.

A[lger] H[iss]

46. Not found attached to file copy.
47. The draft letters are not attached to this memorandum and have not been found. A second draft dated October 10 and addressed to Senator McKellar, President pro tempore of the Senate, is not printed. A third draft dated November 1, not found in Department’s files, was transmitted by the Secretary of State to the Director of the Bureau of the Budget on November 1 for comment by interested departments of the Executive Branch, but no definitive action had been taken by the end of the year.
48. Not found attached to file copy.
48. Not found attached to file copy.