L/UNA files, “Headquarters Agreement—Section 6”
Memorandum by the Under Secretary of State for Administration (Lourie) to the United States Representative at the United Nations (Lodge)
Washington,
May 29,
1953.
- Subject:
- Implementation of the Headquarters Agreement and Section 6 Reservation
The following brief statement, based on the very helpful analysis and suggestions contained in your memorandum of May 19, 1953, sets forth our understanding of procedures which can usefully be followed in dealing with the access provisions of the Headquarters Agreement where a security problem exists.
- 1.
- It is highly desirable for you to agree with Mr. Hammarskjold on a practical working solution of the question of access by aliens to the United Nations headquarters, rather than to dispute with the Secretary-General, and the Organization at large, legal questions concerning the effect and scope of the Section 6 reservation.
- 2.
- In cases where an alien covered by Section 11 of the Headquarters Agreement applies for a visa and the consular officer considers that the alien is or may be excludable under subsections 212(a) (27), (28) or (29) of the Immigration and Nationality Act, the consular officer will refer the matter to the Department of State. No visa will be denied by a consular officer prior to such reference.
- 3.
- Within the Department, a conclusion will be reached whether the applicant alien falls within any of the three subsections referred to above, and, if so, which one. If the Department concludes that the applicant is not covered by any of these subsections, the consular officer will be so advised. If the Department concludes that the applicant alien is covered by subsection 212(a) (28), the Department will consider recommending to the Attorney General that he exercise his discretion to admit the alien. The consular officer will be informed of the conclusions reached in Washington by the Departments of State and Justice. No visa will be denied in a case under Section 11 of the Headquarters Agreement without the case having been referred to the Secretary or Acting Secretary for review.
- 4.
- When it is determined that a visa will be denied on security grounds (for example, because the Department of State or the Department of Justice considers that the applicant alien is covered by subsection 212(a) (27) or (29) of the Immigration and Nationality Act), the Department will communicate to you the reasons for this action. You would then be authorized in your discretion to discuss the alien’s case with the Secretary-General, making known to him the substance of the information on which this Government based its decision to deny a visa. The information so given to the Secretary-General would need to be limited in such a way as not to disclose the source of the information. The Department would send its communication to you as soon as possible after the decision to deny a visa, and in any event before the visa is denied by the consular officer. As stated in your memorandum of May 19, you would not discuss with the Secretary-General the cases of governmental representatives, but of other aliens covered by Section 11 of the Headquarters Agreement.
- 5.
- In the event of an alien receiving a visa and subsequently being denied admission at the port of entry in the United States, or being subjected to unanticipated conditions of admission, the Department of Justice would make available the reasons for such action, which you would then be authorized in your discretion to make known to the Secretary-General in substance, without compromising sources of information.1
- Uninitialed notation at end of memorandum: “Hq Dist & immed. vicinity: US to impose unilateral territorial restrictions in selected 3, 4, & 5 cases (28–96 [Streets?], 9th Av to E[ast] R[iver]., minus Mad[ison] Sq[uare] Garden & Columbus Circle—exact boundaries to be worked out by security officers).”↩