501.AC/5–1247

The Secretary of State to the Speaker of the House of Representatives (Martin)1

My Dear Mr. Speaker: There is transmitted herewith a copy of the Convention on Privileges and Immunities of the United Nations2 which was approved by the General Assembly by a resolution adopted on February 13, 1946, proposing the Convention for accession by each member of the United Nations. This agreement is designed to implement Articles 104 and 105 of the Charter of the United Nations which read as follows:

Article 104:

“The Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes.”

Article 105:

  • “1. The Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfillment of its purposes.
  • “2. Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organization.
  • “3. The General Assembly may make recommendations with a view to determining the details of the application of paragraphs 1 and 2 of this Article or may propose conventions to the Members of the United Nations for this purpose.”

The Convention is submitted to you with the request that the Congress give consideration to the passage of a joint resolution authorizing the President to accede to it on behalf of the United States. A draft of a proposed joint resolution is enclosed.

The Convention gives certain privileges and immunities to the United Nations, as an organization, and to its employees and representatives of Member states who are designated in their respective capacities to the United Nations. Many of the privileges and immunities for which provision is made in the Convention have already been conferred upon the United Nations by virtue of the provisions of the International Organizations Immunities Act, approved December 29, 1945 (Public Law 291, 79th Congress, 1st Session). In some respects, however, the Convention on the Privileges and Immunities of the United Nations goes beyond the terms of the International Organizations Immunities Act. Thus, there is provision in Section 19 for giving [Page 33] the Secretary-General and all Assistant Secretaries-General of the United Nations, their spouses and minor children, the privileges and immunities, exemptions and facilities accorded to diplomatic envoys in accordance with international law. There is provision in Section 22 for extending certain limited privileges and immunities to experts on missions for the United Nations. In other respects the Convention is less liberal than, the provisions of the International Organizations Immunities Act. For example, section 11 (b) and (g) limit the free entry privilege to “personal baggage”, a term which is narrower in scope than the term “baggage and effects”, as used in Section 3 of the Act. The effect, therefore, of approval of the enclosed draft resolution will be to supplement or replace certain provisions of the International Organizations Immunities Act, and the draft joint resolution provides that in the case of absolute conflict the provisions of the Convention shall prevail.

Since our acceptance of this Convention will give effect to Articles 104 and 105 of the Charter of the United Nations, the Department of State believes that the Convention should be submitted to Congress for its approval by joint resolution.

At the meeting of the General Assembly of the United Nations in February 1946 the United States Delegation voted for the General Assembly resolution opening the Convention on Privileges and Immunities for accession by each member of the United Nations. At that time Senator Vandenberg3 reserved the position of the United States with respect to provisions in the Convention regarding tax immunities and regarding national service exemptions in these words:

“I rise only to make the position of the delegation of the United States perfectly plain in regard to the reports of the fifth and sixth Committees. We have reserved our position in respect of tax immunities in regard to the reports of both Committees. The Constitution of the United States gives the American Congress sole power to exempt American citizens from taxation. The distinguished delegate of the United Kingdom made a very interesting and moving appeal in respect of rival allegiances, and suggested that a man cannot serve two masters. Quite in the spirit in which the able delegate of the United Kingdom spoke, the delegation of the United States does not propose to serve two masters. Its master is the Constitution of the United States. This does not, however, mean that the attitude of the Government of the United States is not totally at one with a cooperative attitude, and wholly hospitable in regard to all cooperation which we, as the host country, shall undertake to give to this great institution when it goes upon its way. Indeed, even so far as privileges and immunities are concerned, I am very happy to say that the last session of the American Congress has already passed a statute which includes, [Page 34] I should say, about 95 percent of the things which the report and the general convention from the sixth Committee anticipate.

“The delegation of the United States also reserves its position in respect of national service exemptions under the general convention reported by the sixth Committee. This again is due to the fact that the Constitution of the United States permits no authority other than the American Congress to deal with this matter, and we are not in a position to prejudge that ultimate consideration.

“With these exceptions, we have been very happy to accept the balance of the report of the fifth Committee, and we are very glad to vote, with these reservations, for the general convention.

“So far as the special convention is concerned, we shall abstain from voting, because the special convention is one to which the Government of the United States will be a party, and we consider it would be inappropriate for us to prejudge the case here.

“In this entire attitude, I want to repeat that the purpose and the intention, and heartfelt desire, not only of the delegation of the United States, but of the American people, I am sure I speak with complete justification, is to extend every consideration, and to give every possible cooperation, to the United Nations Organization as it proceeds upon the greatest and most hopeful adventure in the history of human kind.”

With respect to the question of income tax immunity for officials of the United Nations, I wish to point out that Section 116(h) (1) of the Internal Revenue Code, as amended, exempts alien employees of public international organizations from the payment of a Federal tax on income received from such international organizations.

United States nationals employed by international organizations, however, are subject to the Federal tax on income received from the United Nations. Section 18(b) of the enclosed Convention would extend this tax exemption now granted alien officials of international organizations to American nationals who are officials of the United Nations. It would also grant immunity from state income taxes on such income both for aliens and United States citizens.

The General Assembly of the United Nations has considered whether or not officials of international organizations, regardless of their nationality and place of residence, should be exempt from national taxation. The Assembly concluded at its first session in London that “there is no alternative to the proposition that exemptions from national taxation for salaries and allowances paid by the Organization is indispensable to the achievement of equity among its Members and equality among its personnel”. This proposition was accepted unanimously, the United States Delegation abstaining. The Convention which is submitted herewith was also approved unanimously by the General Assembly, although the United States Delegation reserved its position with respect to the question of tax immunity as noted above.

In view of the general policy of the United States, to give its full support to the United Nations, it is the opinion of the Department of [Page 35] State that this Government should comply with recommendations of the General Assembly wherever it can do so without prejudice to overriding considerations affecting the vital interests of the United States. For this reason, the Department hopes that the Congress will not insist on a reservation that tax immunity should be inapplicable to United States nationals.

With respect to Section 18(c) of the Convention which would give officials of the United Nations immunity from national service obligations, I believe it would be well for this Government to reserve its position. Under the terms of the Selective Training and Service Act of 1940 aliens attached to foreign missions in the United States were exempted from registration under certain circumstances. Since the Selective Training and Service Act has now expired the question at this time of immunity from national service for officials of the international organizations is not of immediate concern. I think it would be well for this Government, however, to reserve its position as to United States nationals and aliens who have declared their intention of becoming citizens, so that if in the future it becomes necessary to provide again for national service we will be free to determine at that time the extent to which national service immunities should be extended to Americans who are employed by the United Nations. A provision to that effect is incorporated in the attached draft resolution.

The special convention which Senator Vandenberg mentioned in the next to last paragraph of the afore-quoted statement is a reference to a proposed agreement between the United Nations and the United States concerning the administration and control of the area in the United States selected for the permanent headquarters of the United Nations. That agreement is now in the process of being negotiated between representatives of the United Nations and representatives of this Government. When agreement has been reached the text will be submitted to the Congress for its approval. This draft agreement, in its present form, provides, among other things, for extending diplomatic privileges and immunities to principal resident representatives of Member states and such resident members of their staffs as may be agreed upon between the Secretary-General, the United States, and the Government of the Member concerned.

The enclosed Convention extends full diplomatic privileges and immunities only to the Secretary-General of the United Nations and the Assistant Secretaries General (Section 19). Lesser officers of the United Nations (Section 18), experts on missions for the United Nations (Section 22), and representatives of Members other than those covered in the above-mentioned site Convention (Section 11), are not to receive full diplomatic privileges and immunities. The immunities which these officers, experts, and representatives are to receive are extended to them while they are performing their official functions.

[Page 36]

Section 11 lists in paragraphs (a) through (f) certain specific privileges and immunities which representatives of Member states are to enjoy. Paragraph (g) states that they are to have “such other privileges, immunities and facilities not inconsistent with the foregoing as diplomatic envoys enjoy, except that they shall have no right to claim exemption from customs duties on goods imported (otherwise than as part of their personal baggage) or from excise duties or sales taxes.” It is the view of the Department of State that this paragraph provides only for privileges with respect to matters other than those specified in the foregoing paragraphs (a) through (f), and does not provide for additional privileges in respect of such matters. Thus, immunity from legal process is confined to the limited immunity granted by paragraph (a) and could not be extended under paragraph (g) to provide the complete immunity which is enjoyed by diplomatic envoys.

Article VII of the Convention authorizes the United Nations to issue laissez-passer to its officials. Section 24 of Article VII provides:

“These laissez-passer shall be recognized and accepted as valid travel documents by the authorities of Members, taking into account the provisions of Section 25.”

This language does not authorize or require, and is not interpreted by the Department of State as authorizing or requiring the United Nations or any Member state to issue or accept a document which is a substitute for a passport or other documentation of nationality; it provides only for a certificate attesting to the United Nations affiliation of the bearer in respect to travel and will be accepted by the United States as such a document. Thus Article VII, if approved, will not amend or modify existing provisions of law with respect to the requirement or issuance of passports or of other documentation evidencing nationality of citizens or aliens.

The fact that the United Nations has selected the United States for its permanent headquarters may cause certain specialized agencies to make their permanent headquarters in the United States. When the decision of those agencies as to their permanent headquarters is known, it may be necessary for the Department of State to ask the Congress to give its approval to a further agreement defining the privileges and immunities of those organizations in so far as it may be advisable to grant them privileges and immunities beyond those provided in the International Organizations Immunities Act. The Department hopes that extensive amendment of Public Law 291 can be deferred until such time as the need for privileges and immunities on the part of international organizations throughout the world shall have become clarified. In this connection, you may be interested to know that the Secretary General of the United Nations has been instructed to make a study of the privileges and immunities of specialized agencies and to [Page 37] open negotiations with them in order to systematize their privileges and immunities.

Since the United Nations has decided to make its permanent headquarters in the United States and is now considering plans for the construction of its buildings, the Department of State believes that approval of the enclosed Convention is a matter of some urgency.

The Department has been informed by the Bureau of the Budget that there is no objection to the submission of this report.

A similar letter is being sent to the Speaker of the House of Representatives [sic].

Sincerely yours,

G. C. Marshall
[Enclosure]

Draft Resolution on Convention on Privileges and Immunities of the United Nations

Whereas on June 26, 1945, the President signed the Charter of the United Nations and on August 8, 1945, by and with the advice and consent of the Senate of the United States, ratified the same; and

Whereas Articles 104 and 105 of the Charter provide that the United Nations shall enjoy in the territory of each of its Members such legal capacity, privileges and immunities as are necessary for the exercise of its functions and the fulfillment of its purposes; and

Whereas the General Assembly by a resolution adopted on February 13, 1946, approved and proposed for accession by each Member of the United Nations a Convention on the Privileges and Immunities of the United Nations;

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is hereby authorized to accept on behalf of the Government of the United States the Convention on the Privileges and Immunities of the United Nations, a copy of which is appended and made a part hereof, and to issue a proclamation setting forth that the aforesaid instrument is accepted by the Government of the United States of America in accordance with its law and shall have full force and effect in the United States and its territories and possessions, except that the United States reserves its position with respect to Section 18(c) regarding immunity from national service obligations in so far as that section may apply to United States nationals or persons who have declared their intention to become citizens of the United States.

That in so far as any provisions of this Convention and the International Organizations Immunities Act (59 Stat. 669), as applied to the United Nations relate to the same matter, the two provisions shall wherever possible be treated as complementary to each other so that both provisions shall be applicable and neither shall narrow the effect [Page 38] of the other; but in any case of absolute conflict, the provisions of the Convention shall prevail.

  1. The same letter, mutatis mutandis, was sent to the President pro tempore of the Senate.
  2. Not printed.
  3. Senator Arthur H. Vandenberg, of Michigan, was Chairman of the Foreign Relations Committee of the Senate.