Foreign Relations of the United States, 1948, General; the United Nations, Volume I, Part 1

501.AC/3–348: Telegram

The United States Representative at the United Nations (Austin) to the Secretary of State

New York, March 3, 1948—11:20 p. m.

241. For Spruks,¹ S/S–PR, from Power.² Chinese Delegation has again, for at least fourth time, entered request for privileges and immunities under Headquarters Agreement for Ambassador Liu Chieh, TC representative. Without referring the matter to Washington, had previously informed Chinese delegate in writing and orally that Liu not eligible since he was Minister in Canada who was in New York only during TC sessions. Gave Department’s position as requiring that a representative be in New York between sessions of his UN organ and actually establish residence in New York. Liu’s family and residence an Ottawa.

Today Liu sent back a new theory and analogy, pointing out that Icelandic Minister to US is also Icelandic Minister to Canada and is fully accredited in both capitals and countries. Cited several similar cases in Central America. By analogy, therefore, Liu asks to be accredited at UN headquarters as well as Ottawa.

Pointed out to Chinese that legislative and negotiating history of Headquarters Agreement make clear that section 15 was intended to cover only small nuclear group of professional permanent delegation members. If those attending occasional sessions of councils were accredited on same basis, there would be no point to specification in Headquarters Agreement that only resident delegates and staff were to have privileges and immunities, nor to the provisions of general convention. Further pointed out that P.L. 291³ gave Liu necessary protection for his official duties.

Chinese delegate requested that question be referred to Washington for official opinion. Suggest be authorized to reply essentially as above. Please instruct.⁴ [Power.]

Austin

1. Henry C. Spruks, Assistant Chief in charge of Operations, Division of Protocol.
2. Thomas F. Power, Jr., Deputy Secretary-General of the United States Mission, at the United Nations.
3. The International Organizations Immunities Act, December 29, 1945, 59 Stat. 669.
4. In telegram 112, March 5, 6 p. m., the Department approved the position taken by the Mission “since Section 15 clearly refers to resident personnel and no others since.… (50.AC/3–348).