Memorandum by the Assistant Secretary of State for United Nations Affairs (Hicherson) to the Legal Adviser (Fisher)


Subject: Attorney General’s Proposal with Respect to Admission of Otherwise Excludable Aliens Covered by Section 11(3), (4) and (5) of the Headquarters Agreement with the UN

I understand that you have under consideration a proposal by the Attorney General to establish a procedure for the admission of certain otherwise inadmissable aliens covered by Section 11 of the Headquarters Agreement which would relieve us of the necessity of making a separate application to the Attorney General in each case. It seems to me that it would be highly desirable if some agreement could be reached with the Attorney General for this purpose.

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You are, of course, familiar with, the Ninth Proviso cases which arose last fall after the enactment of the McCarran Act. The most recent Ninth Proviso case is that of Laura Diaz.

Laura Diaz applied in Rome on or before April 17 for a visa in order to attend meetings of the Social Commission in New York, as a representative of the WIDF, an NGO within the meaning of Section 11(4) of the Headquarters Agreement. The Social Commission convened on Monday, April 30, and is expected to adjourn on Friday, May 11. The Department was advised by the Attorney General shortly after noon, Wednesday, May 9, that the Attorney General had authorized the admission of Miss Diaz. Attached hereto, for your information, is a copy of a New York telegram which may already have come to your attention.1

John D. Hickerson
  1. New York telegram 1495, May 7, not printed.