Foreign Relations of the United States, 1947, General; The United Nations, Volume I

501.AD/8–447

The Legal Adviser (Fahy) to the United Nations Assistant Secretary-General for Legal Affairs (Kerno)

Washington, August 4, 1947.

My Dear Dr. Kerno: As you no doubt have learned, the Congress approved during the last hours of its recent session a joint resolution authorizing the President of the United States to bring into effect on the part of the United States the Agreement between the United Nations and the United States concerning the headquarters.¹ I enclose a copy of the S.J. Res. 144 in the form in which it was enacted.² The resolution has not as yet been signed by the President but I anticipate he will sign it within the next few days.³

The General Convention on Privileges and Immunities of the United Nations, which we submitted to the Congress with the request that it authorize this Government to accede to the Convention, received favorable consideration in the Senate but was not acted upon in the House of Representatives.⁴ In view of the action of the Senate and of the consideration already given by the Foreign Affairs Committee of the House of Representatives, I believe we may expect final favorable consideration when the present Congress reconvenes in January 1948.

I am enclosing a copy of S.J. Res. 136, the legislation which would authorize this Government to accede to the General Convention, and a copy of the Senate Committee Report⁵ which covers both S.J. Res. 136 and S.J. Res. 144. You will observe that the Senate felt that this Government should reserve its position with respect to those sections of the General Convention concerning the immunity of American nationals from national service and the exemption of American nationals from income taxes.⁶

Sincerely yours,

Charles Fahy

[Enclosure 1]

S.J. Res. 136—80th Congress⁷

Resolved, etc., 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(b) regarding exemption from taxation on salaries and emoluments paid by the United Nations insofar as that section may apply to United States nationals, and with respect to section 18(c) regarding immunity from national service obligations insofar as that section may apply to the United States nationals or persons who have declared their intention to become citizens of the United States.

That, insofar 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 of the other; but in any case of absolute conflict, the provisions of the Convention shall prevail. Nothing in article VII of the said Convention with respect to laissez-passer shall be construed as in any way amending or modifying the existing or future provisions of United States law with respect to the requirement or issuance of passports or of other documents evidencing nationality of citizens or agents, or the requirement that aliens visiting the United States obtain visas.

1. In a letter from the Secretary of State to the Speaker of the House of Representatives (Martin) on July 24, not printed, the Department had urged upon the Speaker its views as to the importance of getting S.J. Res. 144 passed by the then-expiring session of Congress. The Secretary wrote: “It is desirable from the standpoint of the United States as well as the United Nations that the arrangements for the permanent location of the United Nations in the United States be established. Otherwise there will continue doubt, detrimental both to us and to the United Nations, as to the status of the headquarters and the position of ourselves as host nation. Plans cannot be brought to fruition regarding the headquarters until these matters are settled. This is not merely a question of physical facilities but the even more important matter of status and stability in other respects,” (501.AD/7–2447)
2. Enclosure 2, not printed.
3. The President did in fact sign the bill on the same day, August 4.
4. In his letter of July 24 to the Speaker, the Secretary of State had also urged enactment of S.J. Res. 136, a companion measure to the headquarters agreement, which would approve the General Convention on Privileges and Immunities of the United Nations (501.AD/7–2447).
5. Enclosure 3, Senate Report No. 559, 80th Cong., 1st sess.
6. See the Legal Adviser’s letter of September 11 to Dr. Kerno, p. 53.
7. This extract from S.J. Res. 136 is the authorizing portion of the proposed resolution.