501.AC/9–646
Mr. A. H. Feller, General Counsel and Director of the Legal Department, Secretariat of the United Nations, to the Legal Adviser (Fahy)
Dear Mr. Fahy: I have received your letter of August 16th and am very pleased to hear that the Department of State would give [Page 99] sympathetic consideration to the conclusion of an interim agreement on certain privileges and immunities of the United Nations.
The most urgent questions in this subject have to do with personal immunities. Consequently, it would seem to us most suitable for an interim agreement, such as we have suggested, to include the substance of the following:
Article IV, Section 19 of Article V, and Article VI of the General Convention on Privileges and Immunities, and Article V of the proposed special Convention/Agreement between the United Nations and the United States.49
It would appear to be desirable to put these provisions into effect by way of an executive agreement. As suggested in Dr. Kerno’s letter of August 6th, the duration of such an agreement might be from six months to a year, or perhaps it might remain in force until the coming into effect of the general and special Conventions.
If you find the above proposals agreeable, we would be prepared to submit a draft incorporating these provisions.50
Sincerely yours,
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The contents of the enumerated articles of the general convention may be described in brief as follows: Article IV provided, among other things, for extending full diplomatic privileges and immunities to the principal resident members of Member States and such resident members of their staffs as might be agreed upon between the Secretary General, the United States, and the Member concerned. Amongst officials of the Organization full diplomatic privileges and immunities were extended also to the Secretary-General and the Assistant Secretaries General (Article V). Diplomatic privileges and immunities were extended to lesser officials of the Organization and experts on missions for the Organization only while they were performing their official functions (Articles V and VI).
Article V of the special convention, entitled “Resident Representatives to the United Nations”, based on the draft of June 20, read: “Every person accredited to the United Nations by a Member as the principal resident representative of such Member or as a resident representative with the rank of ambassador or minister plenipotentiary, and such resident members of their staffs as may be agreed upon between the Secretary-General, the United States of America and the Government of the Member concerned, shall whether residing inside or outside the zone, be entitled in the territory of the United States to the same privileges and immunities as it accords to diplomatic envoys accredited to it. In the case of Members whose governments are not recognized by the United States of America, such privileges and immunities need be extended to their representatives, or persons on the staffs of such representatives, only within the zone, at their residences and offices outside the zone, in transit between the zone and such residences and offices, and in transit on official business to or from foreign countries.”
↩ - In a letter of September 20 Mr. Fahy responded to Mr. Feller: “In so far as immunities and privileges contemplated by the provisions referred to are not covered by authorization of law, the Department would not be in a position to commit this Government to extend them. However, in specific cases relating to official acts, not covered by existing law, the Department will be pleased in appropriate instances, at the request of the Secretary General of the United Nations, pending the coming into force of the agreements referred to, to commend the request to the sympathetic consideration of the appropriate authorities.” (501.AC/9–646)↩