Foreign Relations of the United States, 1949, The United Nations; The Western Hemisphere, Volume II

L/UNA Files: Folder “Privileges and Immunities Laissez-Passer”

Memorandum by the Director of the Office of Controls ( Boykin ) to the Assistant Secretary of State for Administration ( Peurifoy )

[ Washington ,] February 23, 1949.

Subject: Use of UN Laissez-Passer by American UN Officials.

Reference is made to the memorandum dated February 2, 1949 from Mr. Sandifer and Mr. Tate, and its enclosures, addressed to you on the subject.

Problem:

Should the Department advise the Senate to accept the Convention on the Privileges and Immunities of the UN with the present reservations (S.J. Res. 136, 80th Congress) regarding the use of the UN laissez-passer provided in Article VII, or should the Department recommend acceptance without reservations.

Discussion:

1. Without reference to the proposed Convention, it is recognized that under the Charter of the UN the United States is obligated to permit the travel of American UN officials on business of the UN.

2. In normal times, this Government does not require an American citizen to be in possession of a passport in order to depart from or enter the United States.

3. So far as the use of UN laissez-passer by alien officials of UN is concerned, CON and VD have no objection, provided the Immigration and Naturalization Service is agreeable to the procedure, which will involve a commitment from UN that bearers of laissez-passer will be readmitted into the countries from which they proceeded to the United States. This procedure is now under study by VD, UNA and I&NS.

4. It is understood that the UN desires to have the laisser-passer accepted as a substitute for a national passport and that persons bearing a laissez-passer have the same status as persons bearing passports. In this connection it must be pointed out that an American passport is evidence of American citizenship. Furthermore, because it evidences American citizenship, it entitles the bearer to the protection of the American Government. The laissez-passer is not evidence of citizenship. As a matter of fact, an examination of the laissez-passer indicates there is no provision therein for citizenship or nationality. Even if there were such a provision, the UN could not be given the authority to determine who is or who is not an American citizen. Therefore, it is evident that a laissez-passer cannot be a substitute for an American passport. It can, however, be used as a travel document provided it is understood by the holder that it is not a substitute for a passport. Consequently, as this Government cannot accept the laissez-passer as a substitute for an American passport, there should be no objection to a statement to that effect by the Congress in approving Article VII of the Convention. Such a statement would put the bearers of laissez-passer on notice that it is not evidence of American citizenship and does not in itself entitle the bearer to the protection of this Government, which is an assumption that some Americans might make.

5. Under the provisions of the Presidential Proclamation of November 14, 1941 and the Regulations promulgated by the Secretary of State on January 15, 1942, the Secretary of State exercises, in time of war or during the present national emergency, control over the exit, entry and travel of American citizens. The national emergency still exists. Under this emergency operation, the Secretary requires in the interest of national security that American citizens who desire to proceed abroad (except in the Western Hemisphere) be in possession of a passport, but he may, and has, waived this requirement in individual cases, permitting departure without a passport.

The Office of Controls and the Passport Division agree that, in cases involving American UN officials who desire to travel on UN business, either an American passport will be granted to such officials, or the passport requirement will be waived on an individual case application basis, and they will be permitted to depart without a passport, presumably with a laissez-passer.

It is submitted that in time of national emergency, as at present, no blanket waiver of the passport requirement for American UN officials should be considered by the Department without consulting with those government agencies responsible for national security.

There are attached hereto a memorandum dated February 7, 1949 from Mr. Scanlan, a memorandum dated February 16, 1949 from Mrs. Shipley, and a copy of the report of the Senate Committee on Foreign Relations, 80th Congress, on the subject.¹

Recommendations:

1. That the UN laissez-passer be recognized as a travel document and credential, but not as a substitute for an American passport, and that the Congress be advised to retain the present reservations as contained in S.J. Resolution 136, 80th Congress.

2. That no blanket waiver of the passport requirement under the emergency control procedure be made for American UN officials without consulting the agencies responsible for national security.

1. Memoranda not found in Department of State files.