While your letter related to alien employees of the United Nations,
and the Secretary of the Treasury was concerned with alien employees
of the International Monetary Fund and the International Bank for
[Page 235]
Reconstruction and
Development, I believe we can assume that the problems are the same
and that the view and suggestion of the Attorney General can apply
equally to the situation discussed in your letter.
[Enclosure]
The Attorney General of the United States
(McGranery) to the Chairman of the National Advisory
Council on International Monetary and Financial
Problems (Snyder)
Washington, December 30,
1952.
My Dear Mr. Secretary: This is to
acknowledge your letter of December 4, 1952,1 relating to the waiver of rights, privileges,
exemptions, and immunities by alien employees in the United
States of the International Monetary Fund and the International
Bank for Reconstruction and Development, which waiver will be
required under section 247 of the Immigration and Nationality
Act (P.L. 414, 82d Cong.).
Section 247 of the act provides substantially that an alien, who
was admitted to this country for permanent residence and is an
employee of an international organization, shall have his status
adjusted to that of a nonimmigrant unless he executes and files
with the Attorney General a written waiver of all rights,
privileges, exemptions, and immunities under any law or
executive order which would otherwise accrue to him because of
his occupational status.
You have expressed concern that the regulation or form of waiver
for the effectuation of this section should make it clear that
the waiver is not intended to apply to any right, privilege,
exemption, or immunity which can only be waived by the employing
organization itself. In addition, I understand that members of
your Department and of the State Department met with the General
Counsel of the Immigration and Naturalization Service on the
same subject, and made the point that the foreign missions and
international organizations affected desire assurance that the
waiver of rights, privileges, exemptions, and immunities by the
officer or employee of the mission or organization will in
nowise affect the rights, privileges, exemptions, and immunities
which accrue to the mission or organization, as distinguished
from those which accrue to the individual officer or employee
thereof.
The new regulation, which will become effective in this matter on
December 24, 1952 (Title 8, Part 247), follows the language of
the statute; and the waiver form pursuant to the regulation
(Form I–508,
[Page 236]
copy of
which is attached) does likewise, with neither of them including
any attempt at interpretation. On the face of the statute, of
the regulation, and of the waiver form, I see nothing which
affects the international organization, as such, or its rights,
privileges, exemptions, and immunities. Hence, I see no
compelling need at this time for alterations or interpretations
in the regulation or the waiver form, unless we have not
understood the possible damaging implications that might follow
from the execution of one of these waiver forms by an alien
employee of one of the international organizations.
I would therefore suggest, if you or members of your staff are
aware of or foresee any concrete situations in which the
international organizations will be unintentionally prejudiced
by the regulation or the waiver form, that you set these
situations out specifically for us to consider and, if need be,
to remedy the unintended results.
I trust that this procedure will meet with your approval and the
approval of the National Advisory Council on International
Monetary and Financial Problems.
Sincerely,
[Subenclosure]
Form I–508
Waiver of Rights, Priveleges, Exemptions
and Immunities
(Under Section 247 (b)
of the Immigration and Nationality
Act)
File No.______
Date___________
I, ____________________, believing that I have an occupational
status entitling me to a nonimmigrant classification under
paragraph 15(A), 15(E), or 15(G) of Section 101 (a) of the Immigration and Nationality Act
and desiring to acquire and/or retain the status of an alien
lawfully admitted for permanent residence, hereby waive all
rights, privileges, exemptions and immunities which would
otherwise accrue to me under any law or executive order by
reason of such occupational status.
Witness:
____________________
________________
Budget Bureau No. 43–R–347
