320/10–1552
The Secretary of State to the Embassy in South Africa
No. 10
The Secretary of State refers to the Embassy’s despatch No. 232, October 15, 19521 regarding the issuance of a visa to the Reverend Michael Scott to permit him to attend sessions of the General Assembly of the United Nations. The Embassy requests background information for guidance in answering questions that may arise on this case.
[Page 230]It will be recalled that the problem of the issuance of a visa to Mr. Scott last arose in 1950 when he wished to attend the Fifth General Assembly. It was determined at that time that he was not admissible to the United States under the immigration laws. The Office of the Legal Adviser in an opinion dated September 28, 1950 took the position that Section 11 (4) of the Headquarters Agreement obligates the United States to permit the entry of representatives of non-governmental organizations only when they have come to consult with ECOSOC or its subsidiary bodies or in accordance with the arrangements made by ECOSOC for such consultation but not to attend meetings of the General Assembly. Mr. Scott therefore was not eligible for a visa as an NGO representative. Section 11(5) of the Headquarters Agreement, however, makes provision for the entrance of persons coming to the United Nations on official business when invited by the United Nations. Mr. Scott was finally invited by the Fourth Committee to attend its sessions and the United States was obligated to issue a visa to him as an invitee.
When Mr. Scott applied at Embassy London in August 1952 for a visa to attend the current session of the General Assembly, he again was found inadmissible under the immigration laws.
However, recent resolutions passed by the General Assembly and ECOSOC deal with the invitation of NGO’s to attend public sessions of the General Assembly.
General Assembly Resolution 606 (VI) authorizes the Secretary General, upon request by ECOSOC or its Committee on Nongovernmental Organizations, to make arrangements to enable the representative designated by any non-governmental organization having consultative status to attend public meetings of the General Assembly whenever economic or social matters are discussed which are within the competence of the Council and of the organization concerned”. ECOSOC Resolution of June 25, 1952 “requests the Secretary General to invite each such [non-governmental]2 organization in categories A and B to send its representative to attend public meetings of the General Assembly at which economic and social matters within its competence are discussed”.
Invitations were extended in August 1952 by the Secretary General to such non-governmental organizations, including the International League for the Rights of Man. The League designated Mr. Scott as its representative, who then had the status of an invitee and was eligible for a visa under Section 11(5) of the Headquarters Agreement.
Considerable agitation had occurred in connection with Mr. Scott’s admissibility in 1950, and it was the opinion of the Department that similar public interest would be taken in the case this year, particularly [Page 231] if any public discussion should take place concerning the United States attitude toward his admissibility. It was assumed that, if he were denied a visa on other grounds, the Fourth Committee would again issue him an invitation to attend its sessions, in which case a visa would have to be issued. Such a course, however, might involve public discussion in the United Nations which would be embarrassing to the United States.
In view of these considerations, therefore, and in view of the fact that Mr. Scott comes within the provisions of Section 11(5) of the Headquarters Agreement, the Department requested the Attorney General to authorize his admission under the Ninth Proviso.
On October 9, 1952, the Attorney General authorized Mr. Scott’s temporary admission in transit to the United Nations Headquarters site, subject to the following conditions: 1) that he will proceed directly to New York City or Lake Success, New York and will not go outside of New York City or Long Island, New York except as may be necessary incident to his departure from the United States; 2) that he will remain in the United States no longer than is necessary for the purpose for which he is admitted to the United States; 3) that upon the expiration or cancellation of any invitation by the United Nations he will depart forthwith from the United States; 4) that in case of abuses of his privileges of residence in the United States by activity in this country outside his official capacities he will not be exempt from the laws and regulations of the United States regarding the continued residence of aliens.
Should questions on this subject arise, the Embassy may, in its discretion, point out that Mr. Scott is inadmissible into the United States as a visitor under the immigration laws. A person representing a nongovernmental organization which has been invited by the United Nations to come to the United Nations Headquarters, however, is entitled to entry under Section 11(5) of the Headquarters Agreement, and the United States is thus obligated to issue a visa to such invitee for the purpose of transit to the United Nations Headquarters.
The South African Embassy at Washington has been informed of the substance of the foregoing paragraph.