L/UNA files, “Privileges & Immunities; Entry, Transit, Travel—1946.–”
Draft of Letter From the Secretary of State to the Attorney General of the United States (McGrath)1
My Dear Mr. Attorney General: In a number of instances in the recent past a misunderstanding seems to have arisen concerning the adequacy of the documentation of alien officers and employees of the United Nations who have arrived at ports of entry bearing “3(7)” visas issued on the strength of documents which do not include national passports. As a result, the inspection and admission of these aliens have been deferred, and they have been paroled, pending determination whether their documents satisfy the requirements of the relevant regulations.
[Page 209]Passports are required of aliens entering this country by virtue of regulations issued by the Secretary of State under Executive Order 8766 of June 3, 1941. The current regulations define “passport” to mean “a document of identity and nationality issued by the appropriate authorities of a recognized foreign government to which the bearer owes allegiance, identifying the bearer and stating his nationality or, in the case of an alien unable to obtain such a document, a travel document in the nature of a passport issued by a duly authorized official and showing the bearer’s identity and nationality.” [22 CFR § 42.101(e); 8 CFR § 176.101(e).]2
Officers and employees of the United Nations are international civil servants, who are obligated by Article 100 of the Charter of the United Nations to remain independent of their national governments. Careful adherence to this obligation of independence could suffice to subject some to the deprivation of their national passports. The fact that several of the detained persons are Czechs illustrates that a restrictive reading of the regulations to require national passports would merely accomplish the objective of Soviet satellite governments to prevent, by denial of passports, the continued work abroad of nationals who will not support the policies of the present regimes. To aid these governments towards that objective would not only violate international obligations but would also be inconsistent with the policy of the United States generally towards individuals who may be political victims of totalitarianism.
The regulation quoted above contemplates the possibility that an alien may be unable to obtain a national passport. It has not been construed to deny a “3(7)” visa, for lack of a national passport, to an alien who cannot obtain such a document and whose documents otherwise show his identity, nationality and status with the international organization.
The need for resolution of the “detention and parole” problem has again become particularly acute with the return of officers and employees of the Secretariat who have recently been abroad in the performance of their duties for the United Nations. With reference to the cases of United Nations personnel now or in the future raising this problem, therefore, this letter will confirm that the definition of Section 101(e) is satisfied, as to officers and employees of the United Nations unable to obtain national passports, by a travel document (the currently used laissez-passer or other travel document) issued by the United Nations establishing the alien’s present status with that organization and which shows, or which is presented together with an expired national passport, certificates or affidavits certified by or sworn before authorized officials or other official documents which [Page 210] show the alien’s identity and nationality. It has been recognized that no bar exists to the admission of such aliens solely because their travel documents may not evidence ability to gain future admission to another country.
It is understood that the present letter will remove the doubts giving rise to the procedure of detention and parole in the cases above referred to and will result in its discontinuance. If in a specific case there should remain a doubt whether the documents underlying an alien’s “3(7)” visa entitle him to admission under this construction, this Department would welcome an opportunity to consult and to assist towards clarifying the application of the regulations.
Sincerely yours,
Acting Legal Adviser