IO Files: US/A/719

United States Delegation Position Paper

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Report of the Sixth Committee on the Headquarters Agreement Between the United Nations and the United States

1. United States Position

The United States should vote in favor of the report on the Headquarters Agreement of Committee Six, which was unanimously approved by Committee Six. The report has attached to it a simple draft resolution authorizing the Secretary-General on his part to bring the Agreement into effect.1

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It would be appropriate for the United States representative to make a brief statement when this item is reached on the agenda. A copy of a proposed statement is attached.

2. History in Committee

The Headquarters Agreement was considered paragraph by paragraph in a Subcommittee of the Sixth Committee. Principal discussion concerned the relationship between the Headquarters Agreement, which has been approved by the United States Congress, and the General Convention on Privileges and Immunities of the United Nations which has been approved by the Senate but not, as yet, by the House of Representatives. It had originally been contemplated that both of these documents would be approved by the United States at the same time since they are closely related.2 There was also some discussion of the number of persons in missions accredited to the United Nations who should receive diplomatic status. The terms of the agreement leave this question open to negotiation between the Secretary-General and the United States.

3. Possible Developments in Plenary Session

It is not anticipated that there will be any opposition to the adoption of the Sixth Committee report and resolution on this matter. A statement along the lines of the attached draft might be made by the United States representative.3

  1. The report of the Sixth Committee is printed as U.N. Doc. A/427, October 27, 1947, and is found in depository libraries. Except for its introduction and concluding recommendations, the report consists of the report of Subcommittee 1, dated October 17, which is printed in United Nations, Official Records of the Second Session of the General Assembly, Sixth Committee (hereafter cited as GA (II), Sixth Committee), pp. 339 ff., annex 11a. The concluding portion of the report of the Sixth Committee itself is printed in United Nations, Official Records of the Second Session of the General Assembly, Plenary Meetings (hereafter cited as GA (II), Plenary), vol. i, pp. 467 and 468.
  2. The Subcommittee described this situation as “The most complicated question which the Sub-Committee had to consider . . . . In order that the United Nations can be satisfied that its position with regard to its headquarters is satisfactorily assured, it should be in a position to know that the United States is or will shortly be a party to the General Convention [on Privileges and Immunities] and upon what terms.” (GA (II), Sixth Committee, p. 342)
  3. Attached draft statement not printed. In the course of discussion and approval of this position paper by the U.S. Delegation at a meeting of the Delegation on October 29, “Mr. Fahy pointed out that . . . . There had been detailed consideration of the agreement in a Sub-Committee. One of the interpretations of the agreement had been opposed by Mr. Fahy at the conclusion of this consideration. He only wanted to mention the right of the U.S. to deport a person if, outside of his official activities, he were engaged in dangerous activities. This was the most touchy problem in connection with the convention. The report stated that it was understood that this right of deportation would be used only in the most serious circumstances. Mr. Fahy said he took the position that the U.S. would be reasonable in this matter and did not object.” (Minutes of Meeting of U.S. Delegation, October 29, 1947, IO Files, Doc. US/A/M(Chr)/73)

    Mr. Fahy’s statement to the General Assembly on October 31 is printed in GA (II), Plenary, vol. i, pp. 468–469. The General Assembly on the same date approved a resolution (Resolution 169 (II)) consisting of two parts. Part A authorized the Secretary General to bring the Headquarters Agreement into effect (the text accompanies the resolution). Part B stated: “The General Assembly Decides to recommend to the Secretary-General and to the appropriate authorities of the United States of America to use section 16 of the General Convention on the Privileges and Immunities of the United Nations as a guide in considering—under sub-section 2 and the last sentence of section 15 of the [Headquarters Agreement]—what classes of persons on the staff of delegations might be included in the lists to be drawn up by agreement between the Secretary-General, the Government of the United States of America and the Government of the Member State concerned.” (United Nations, Official Records of the General Assembly, Second Session, Resolutions 16 September–29 November 1947, pp. 91 ff; text of Part B appears on p. 92.)