Notes on 22 U.S.C. § 287 : US Code - Notes

Search Notes on 22 U.S.C. § 287 : US Code - Notes

(Dec. 20, 1945, ch. 583, Sec. 2, 59 Stat. 619; Oct. 10, 1949, ch.
660, Secs. 1, 2, 63 Stat. 734, 735; Pub. L. 89-206, Secs. 1, 2,
Sept. 28, 1965, 79 Stat. 841, 842; Pub. L. 96-465, title II, Sec.
2206(a)(2)(A), Oct. 17, 1980, 94 Stat. 2160; Pub. L. 97-241, title
I, Sec. 118, Aug. 24, 1982, 96 Stat. 279; Pub. L. 106-113, div. B,
Sec. 1000(a)(7) [div. A, title VII, Sec. 708(a)], Nov. 29, 1999,
113 Stat. 1536, 1501A-461.)
REFERENCES IN TEXT
This Act, as amended, referred to in subsec. (b), is Pub. L. 89-
206, Sept. 28, 1965, 79 Stat. 841, which amended this section. For
complete classification of this Act to the Code, see Tables.
AMENDMENTS
1999 - Subsec. (h). Pub. L. 106-113 inserted at end "The
representative of the United States to the Vienna office of the
United Nations shall also serve as representative of the United
States to the International Atomic Energy Agency."
1982 - Subsec. (h). Pub. L. 97-241 added subsec. (h).
1980 - Subsec. (g). Pub. L. 96-465 substituted "sections 3961,
3962, and 3963 of this title for chiefs of mission, members of the
Senior Foreign Service," for "sections 866 and 867 of this title
for chiefs of mission".
1965 - Subsec. (a). Pub. L. 89-206, Sec. 1(a), struck out
provisions which related to the appointment, rank and status,
tenure and duties of a deputy representative of the United States
to the United Nations.
Subsec. (b). Pub. L. 89-206, Sec. 1(a), substituted provisions
that the President, by and with the advice and consent of the
Senate, shall appoint additional persons with appropriate titles,
rank, and status to represent the United States in the principal
organs of the United Nations and in such organs, commissions, or
other bodies as may be created by the United Nations with respect
to nuclear energy or disarmament, that they shall serve at the
pleasure of the President and subject to the direction of the
Representative of the United States to the United Nations, that
they shall, at the direction of the Representative of the United
States to the United Nations, represent the United States in any
organ, commission, or other body of the United Nations, including
the Security Council, the Economic and Social Council, and the
Trusteeship Council, and perform such other functions as the
Representative of the United States is authorized to perform in
connection with the participation of the United States in the
United Nations, and that any Deputy Representative or any other
officer holding office at the time the provisions of this Act, as
amended, become effective shall not be required to be reappointed
by reason of the enactment of this Act, as amended, for provisions
which authorized the President, by and with the advice and consent
of the Senate, to appoint an additional deputy representative of
the United States to the Security Council who shall hold office at
the pleasure of the President, and which required the deputy
representative to represent the United States in the Security
Council of the United Nations in the event of the absence or
disability of both the representative and the deputy representative
of the United States to the United Nations.
Subsec. (d). Pub. L. 89-206, Sec. 1(b), struck out provisions
which required the representative of the United States in the
Economic and Social Council and in the Trusteeship Council of the
United Nations to be appointed only by and with the advice and
consent of the Senate and which required the advice and consent of
the Senate for the appointment by the President of the
representative of the United States in any commission that may be
formed by the United Nations with respect to atomic energy or in
any other commission of the United Nations to which the United
States is entitled to appoint a representative.
Subsecs. (e) to (g). Pub. L. 89-206, Sec. 2, added subsec. (e)
and redesignated former subsecs. (e) and (f) as (f) and (g),
respectively.
1949 - Subsec. (a). Act Oct. 10, 1949, Sec. 1, created new post
of deputy representative, and allowed the principal and deputy
representatives to serve ex officio on any organ, commission, or
body, other than specialized agencies, of the United Nations.
Subsec. (b). Act Oct. 10, 1949, Sec. 1, amended subsec. (b)
generally, to provide for appointment of an additional deputy
representative.
Subsec. (c). Act Oct. 10, 1949, Sec. 1, amended subsec. (c)
generally, to provide for appointment of special and alternate
representatives.
Subsec. (d). Act Oct. 10, 1949, Sec. 1, allowed the designation
by the President of any State Department officer, whose appointment
is subject to confirmation by the Senate, to sit on the Security
Council in certain instances.
Subsec. (f). Act Oct. 10, 1949, Sec. 2, added subsec. (f).
EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VII, Sec.
708(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-462, provided that:
"The amendments made by subsections (a) and (b) [amending this
section and section 2021 of this title] shall apply to individuals
appointed on or after the date of enactment of this Act [Nov. 29,
1999]."
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as
an Effective Date note under section 3901 of this title.
SHORT TITLE
Section 1 of act Dec. 20, 1945, provided that: "This Act
[enacting this subchapter] may be cited as the 'United Nations
Participation Act of 1945'."
UNITED STATES MEMBERSHIP ON THE UNITED NATIONS COMMISSION ON HUMAN
RIGHTS AND INTERNATIONAL NARCOTICS CONTROL BOARD
Pub. L. 107-228, div. A, title IV, Sec. 408, Sept. 30, 2002, 116
Stat. 1391, provided that: "The United States, in connection with
its voice and vote in the United Nations General Assembly and the
United Nations Economic and Social Council, shall make every
reasonable effort -
"(1) to secure a seat for the United States on the United
Nations Commission on Human Rights;
"(2) to secure a seat for a United States national on the
United Nations International Narcotics Control Board; and
"(3) to prevent membership on the Human Rights Commission by
any member nation the government of which, in the judgment of the
Secretary, based on the Department's Annual Country Reports on
Human Rights and the Annual Report on International Report on
Religious Freedom, consistently violates internationally
recognized human rights or has engaged in or tolerated
particularly severe violations of religious freedom in that
country."
[For definitions of "Secretary" and "Department" as used in
section 408 of Pub. L. 107-228, set out above, see section 3 of
Pub. L. 107-228, set out as a note under section 2651 of this
title.]
UNITED NATIONS POLICY ON ISRAEL AND THE PALESTINIANS
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VII, Sec.
721], Nov. 29, 1999, 113 Stat. 1536, 1501A-462, provided that:
"(a) Congressional Statement. - It shall be the policy of the
United States to promote an end to the persistent inequity
experienced by Israel in the United Nations whereby Israel is the
only longstanding member of the organization to be denied
acceptance into any of the United Nations regional blocs.
"(b) Policy on Abolition of Certain United Nations Groups. - It
shall be the policy of the United States to seek the abolition of
certain United Nations groups the existence of which is inimical to
the ongoing Middle East peace process, those groups being the
Special Committee to Investigate Israeli Practices Affecting the
Human Rights of the Palestinian People and other Arabs of the
Occupied Territories; the Committee on the Exercise of the
Inalienable Rights of the Palestinian People; the Division for the
Palestinian Rights; and the Division on Public Information on the
Question of Palestine.
"(c) Annual Reports. - On January 15 of each year, the Secretary
of State shall submit a report to the appropriate congressional
committees [Committee on International Relations of the House of
Representatives and Committee on Foreign Relations of the Senate]
(in classified or unclassified form as appropriate) on -
"(1) actions taken by representatives of the United States to
encourage the nations of the Western Europe and Others Group
(WEOG) to accept Israel into their regional bloc;
"(2) other measures being undertaken, and which will be
undertaken, to ensure and promote Israel's full and equal
participation in the United Nations; and
"(3) steps taken by the United States under subsection (b) to
secure abolition by the United Nations of groups described in
that subsection.
"(d) Annual Consultation. - At the time of the submission of each
annual report under subsection (c), the Secretary of State shall
consult with the appropriate congressional committees on specific
responses received by the Secretary of State from each of the
nations of the Western Europe and Others Group (WEOG) on their
position concerning Israel's acceptance into their organization."
UNITED STATES COMMISSION ON IMPROVING THE EFFECTIVENESS OF THE
UNITED NATIONS
Pub. L. 100-204, title VII, part B, Dec. 22, 1987, 101 Stat.
1391, as amended by Pub. L. 101-246, title IV, Sec. 409, Feb. 16,
1990, 104 Stat. 68, provided for establishment, membership, etc.,
of United States Commission on Improving the Effectiveness of the
United Nations to examine the United Nations system as a whole and
identify and evaluate its strengths and weaknesses and to transmit
to President and Congress, not later than 18 months after the date
on which all members of the Commission have been appointed, a
report containing a detailed statement of the findings,
conclusions, and recommendations of the Commission, which report
was dated Sept. 10, 1993, and the Commission terminated Sept. 30,
1993.
SOVIET MISSION AT THE UNITED NATIONS
Pub. L. 99-569, title VII, Sec. 702, Oct. 27, 1986, 100 Stat.
3204, related to policy of Congress of limiting number of Soviet
nationals serving as members of Soviet mission at the United
Nations to number not to substantially exceed number of United
States nationals serving as members of United States mission,
required Secretary of State to report numbers of Soviet nationals
so serving, and provided that spouses and dependents were not to be
included in such numbers, prior to repeal by Pub. L. 103-199, title
V, Sec. 501(d), Dec. 17, 1993, 107 Stat. 2325.
UNITED STATES PARTICIPATION IN THE UNITED NATIONS IF ISRAEL IS
ILLEGALLY EXPELLED
Pub. L. 98-164, title I, Sec. 115, Nov. 22, 1983, 97 Stat. 1021,
as amended by Pub. L. 99-93, title I, Sec. 142, Aug. 16, 1985, 99
Stat. 424; Pub. L. 100-204, title VII, Sec. 704, Dec. 22, 1987, 101
Stat. 1389, provided that:
"(a) The Congress finds that -
"(1) the United Nations was founded on the principle of
universality;
"(2) the United Nations Charter stipulates that members may be
suspended by the General Assembly only 'upon the recommendation
of the Security Council'; and
"(3) any move by the General Assembly that would illegally deny
Israel its credentials in the Assembly would be a direct
violation of these provisions of the Charter.
"(b) If Israel is illegally expelled, suspended, denied its
credentials, or in any other manner denied its right to participate
in any principal or subsidiary organ or in any specialized,
technical, or other agency of the United Nations, the United States
shall suspend its participation in any such organ or agency until
the illegal action is reversed. The United States shall reduce its
annual assessed contribution to the United Nations or such
specialized agency by 8.34 percent for each month in which United
States participation is suspended pursuant to this section. Nothing
in this section may be construed to diminish or to affect United
States participation in the United Nations Security Council or the
Safeguards Program of the International Atomic Energy Agency."
INTERNATIONAL YEAR OF THE CHILD
Pub. L. 95-561, title XV, Secs. 1501-1507, Nov. 1, 1978, 92 Stat.
2373-2375, described the purpose of the International Year of the
Child (designated as 1979 by the United Nations General Assembly)
as promotion of lasting improvements in the well-being of children,
provided for the establishment of a National Commission on the
International Year of the Child, and for the Commission's
membership, functions, coordination and administration, and waiver
of certain provisions of law relating to advertising, competitive
bidding, and printing, authorized appropriations, and terminated
the life of the Commission thirty days after the submission of its
final report, which was to be submitted not later than Mar. 31,
1980, but which life was in no case to be extended beyond Apr. 30,
1980.
Pub. L. 97-35, title V, Sec. 511(b)(1), Aug. 13, 1981, 95 Stat.
443, provided that: "No funds are authorized to be appropriated to
carry out part A of title XV of the Education Amendments of 1978
[sections 1501 to 1507 of Pub. L. 95-561, see note above] for
fiscal year 1982, 1983, or 1984."
UNITED NATIONS ENVIRONMENT PROGRAM PARTICIPATION
Pub. L. 93-188, Dec. 15, 1973, 87 Stat. 713, provided:
"[Sec. 1. Short Title] That this Act [enacting this note] may be
cited as the 'United Nations Environment Program Participation Act
of 1973'.
"Sec. 2. [Congressional Declaration of Policy] It is the policy
of the United States to participate in coordinated international
efforts to solve environmental problems of global and international
concern, and in order to assist the implementation of this policy,
to contribute funds to the United Nations Environmental Fund for
the support of international measures to protect and improve the
environment.
"Sec. 3. [Authorization of Appropriations] There is authorized to
be appropriated $40,000,000 for contributions to the United Nations
Environment Fund, which amount is authorized to remain available
until expended, and which may be used upon such terms and
conditions as the President may specify: Provided, That not more
than $10,000,000 may be appropriated for use in fiscal year 1974."
UNITED STATES GRANT FOR EXPANSION AND IMPROVEMENT OF UNITED NATIONS
HEADQUARTERS
Pub. L. 91-622, Dec. 31, 1970, 84 Stat. 1867, provided: "That
there is hereby authorized to be appropriated to the Secretary of
State out of any money in the Treasury not otherwise appropriated,
a sum not to exceed $20,000,000, to remain available until
expended, for a grant to be made at the discretion of the Secretary
of State, to the United Nations to defray a portion of the cost of
the expansion and improvement of its headquarters in the city of
New York on such terms and conditions as the Secretary of State may
determine. Such grant shall not be considered a contribution to the
United Nations for purpose of any other applicable law limiting
contributions."
UNITED STATES LOAN FOR CONSTRUCTION OF PERMANENT HEADQUARTERS IN
NEW YORK CITY
Act Aug. 11, 1948, ch. 834, 62 Stat. 1286, authorized the
President to loan to the United Nations $65,000,000 to construct a
permanent headquarters in New York City, provided for the repayment
of the loan without interest in installments beginning July 1,
1951, and continuing until July 1, 1982, and authorized the
Reconstruction Finance Corporation to advance to the United Nations
up to $25,000,000 until such time as the $65,000,000 is
appropriated by Congress.
ESTABLISHMENT OF PERMANENT HEADQUARTERS IN NEW YORK; AGREEMENT
BETWEEN UNITED NATIONS AND UNITED STATES
Joint Res. Aug. 4, 1947, ch. 482, 61 Stat. 756, provided that:
"Whereas the Charter of the United Nations was signed on behalf
of the United States on June 26, 1945, and was ratified on August
8, 1945, by the President of the United States, by and with the
advice and consent of the Senate, and the instrument of
ratification of the said Charter was deposited on August 8, 1945;
and
"Whereas the said Charter of the United Nations came into force
with respect to the United States on October 24, 1945; and
"Whereas article 104 of the Charter provides that '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'; and
"Whereas article 105 of the Charter provides that:
"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; and
"Whereas article 28 and other articles of the Charter of the
United Nations contemplate the establishment of a seat for the
permanent headquarters of the Organization; and
"Whereas the interim arrangements concluded on June 26, 1945, by
the governments represented at the United Nations Conference on
International Organization instructed the Preparatory Commission
established in pursuance of the arrangements to 'make studies and
prepare recommendations concerning the location of the permanent
headquarters of the Organization'; and
"Whereas during the labors of the said Preparatory Commission,
the Congress of the United States in H. Con. Res. 75, passed
unanimously by the House of Representatives December 10, 1945, and
agreed to unanimously by the Senate December 11, 1945, invited the
United Nations 'to locate the seat of the United Nations
Organization within the United States'; and
"Whereas the General Assembly on December 14, 1946, resolved
'that the permanent headquarters of the United Nations shall be
established in New York City in the area bounded by First Avenue,
East Forty-eighth Street, the East River, and East Forty-second
Street'; and
"Whereas the General Assembly resolved on December 14, 1946,
'That the Secretary-General be authorized to negotiate and conclude
with the appropriate authorities of the United States of America an
agreement concerning the arrangements required as a result of the
establishment of the permanent headquarters of the United Nations
in the city of New York' and to be guided in these negotiations by
the provisions of a preliminary draft agreement which had been
negotiated by the Secretary-General and the Secretary of State of
the United States; and
"Whereas the General Assembly resolved on December 14, 1946, that
pending the coming into force of the agreement referred to above
'the Secretary-General be authorized to negotiate and conclude
arrangements with the appropriate authorities of the United States
of America to determine on a provisional basis the privileges,
immunities, and facilities needed in connection with the temporary
headquarters of the United Nations.'; and
"Whereas the Secretary of State of the United States, after
consultation with the appropriate authorities of the State and city
of New York, signed at Lake Success, New York, on June 26, 1947, on
behalf of the United States an agreement with the United Nations
regarding the headquarters of the United Nations, which agreement
is incorporated herein; and
"Whereas the aforesaid agreement provides that it shall be
brought into effect by an exchange of notes between the United
States and the Secretary-General of the United Nations: Therefore
be it
"Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the President
is hereby authorized to bring into effect on the part of the United
States the agreement between the United States of America and the
United Nations regarding the headquarters of the United Nations,
signed at Lake Success, New York, on June 26, 1947 (hereinafter
referred to as the 'agreement'), with such changes therein not
contrary to the general tenor thereof and not imposing any
additional obligations on the United States as the President may
deem necessary and appropriate, and at his discretion, after
consultation with the appropriate State and local authorities, to
enter into such supplemental agreements with the United Nations as
may be necessary to fulfill the purposes of the said agreement:
Provided, That any supplemental agreement entered into pursuant to
section 5 of the agreement incorporated herein shall be submitted
to the Congress for approval. The agreement follows:
"AGREEMENT BETWEEN THE UNITED NATIONS AND THE UNITED STATES OF
AMERICA REGARDING THE HEADQUARTERS OF THE UNITED NATIONS
THE UNITED NATIONS AND THE UNITED STATES OF AMERICA:
Desiring to conclude an agreement for the purpose of carrying out
the Resolution adopted by the General Assembly on 14 December 1946
to establish the seat of the United Nations in The City of New York
and to regulate questions arising as a result thereof;
Have appointed as their representatives for this purpose:
The United Nations:
Trygve Lie,
and Secretary-General,
The United States of America:
George C. Marshall,
Secretary of State,
Who have agreed as follows:
"ARTICLE I - DEFINITIONS
SECTION 1
In this agreement:
(a) The expression 'headquarters district' means (1) the area
defined as such in Annex 1, (2) any other lands or buildings which
from time to time may be included therein by supplemental agreement
with the appropriate American authorities;
(b) the expression 'appropriate American authorities' means such
federal, state, or local authorities in the United States as may be
appropriate in the context and in accordance with the laws and
customs of the United States, including the laws and customs of the
state and local government involved;
(c) the expression 'General Convention' means the Convention on
the Privileges and Immunities of the United Nations approved by the
General Assembly of the United Nations 13 February 1946, as acceded
to by the United States;
(d) the expression 'United Nations' means the international
organization established by the Charter of the United Nations,
hereinafter referred to as the 'Charter':
(e) the expression 'Secretary-General' means the Secretary-
General of the United Nations.
"ARTICLE II - THE HEADQUARTERS DISTRICT
SECTION 2
The seat of the United Nations shall be the headquarters
district.
SECTION 3
The appropriate American authorities shall take whatever action
may be necessary to assure that the United Nations shall not be
dispossessed of its property in the headquarters district, except
as provided in Section 22 in the event that the United Nations
ceases to use the same; provided that the United Nations shall
reimburse the appropriate American authorities for any costs
incurred, after consultation with the United Nations, in
liquidating by eminent domain proceedings or otherwise any adverse
claims.
SECTION 4
(a) The United Nations may establish and operate in the
headquarters district:
(1) its own short-wave sending and receiving radio broadcasting
facilities (including emergency link equipment) which may be used
on the same frequencies (within the tolerances prescribed for the
broadcasting service by applicable United States regulations) for
radiotelegraph, radioteletype, radiotelephone, radiotelephoto, and
similar services;
(2) one point-to-point circuit between the headquarters district
and the office of the United Nations in Geneva (using single
sideband equipment) to be used exclusively for the exchange of
broadcasting programs and interoffice communications;
(3) low power micro-wave, low or medium frequency facilities for
communication within headquarters buildings only, or such other
buildings as may temporarily be used by the United Nations;
(4) facilities for point-to-point communication to the same
extent and subject to the same conditions as permitted under
applicable rules and regulations for amateur operation in the
United States, except that such rules and regulations shall not be
applied in a manner inconsistent with the inviolability of the
headquarters district provided by Section 9(a);
(5) such other radio facilities as may be specified by
supplemental agreement between the United Nations and the
appropriate American authorities.
(b) The United Nations shall make arrangements for the operation
of the services referred to in this section with the International
Telecommunication Union, the appropriate agencies of the Government
of the United States and the appropriate agencies of other affected
governments with regard to all frequencies and similar matters.
(c) The facilities provided for in this section may, to the
extent necessary for efficient operation, be established and
operated outside the headquarters district. The appropriate
American authorities will, on request of the United Nations, make
arrangements, on such terms and in such manner as may be agreed
upon by supplemental agreement, for the acquisition or use by the
United Nations of appropriate premises for such purposes and the
inclusion of such premises in the headquarters district.
SECTION 5
In the event that the United Nations should find it necessary and
desirable to establish and operate an aerodrome, the conditions for
the location, use and operation of such an aerodrome and the
conditions under which there shall be entry into and exit therefrom
shall be the subject of a supplemental agreement.
SECTION 6
In the event that the United Nations should propose to organize
its own postal service, the conditions under which such service
shall be set up shall be the subject of a supplemental agreement.
"ARTICLE III - LAW AND AUTHORITY IN THE HEADQUARTERS DISTRICT
SECTION 7
(a) The headquarters district shall be under the control and
authority of the United Nations as provided in this agreement.
(b) Except as otherwise provided in this agreement or in the
General Convention, the federal, state and local law of the United
States shall apply within the headquarters district.
(c) Except as otherwise provided in this agreement or in the
General Convention, the federal, state and local courts of the
United States shall have jurisdiction over acts done and
transactions taking place in the headquarters district as provided
in applicable federal, state and local laws.
(d) The federal, state and local courts of the United States,
when dealing with cases arising out of or relating to acts done or
transactions taking place in the headquarters district, shall take
into account the regulations enacted by the United Nations under
Section 8.
SECTION 8
The United Nations shall have the power to make regulations,
operative within the headquarters district for the purpose of
establishing therein conditions in all respects necessary for the
full execution of its functions. No federal, state or local law or
regulation of the United States which is inconsistent with a
regulation of the United Nations authorized by this section shall,
to the extent of such inconsistency, be applicable within the
headquarters district. Any dispute, between the United Nations and
the United States, as to whether a regulation of the United Nations
is authorized by this section or as to whether a federal, state or
local law or regulation is inconsistent with any regulation of the
United Nations authorized by this section, shall be promptly
settled as provided in Section 21. Pending such settlement, the
regulation of the United Nations shall apply, and the federal,
state or local law or regulation shall be inapplicable in the
headquarters district to the extent that the United Nations claims
it to be inconsistent with the regulation of the United Nations.
This section shall not prevent the reasonable application of fire
protection regulations of the appropriate American authorities.
SECTION 9
(a) The headquarters district shall be inviolable. Federal, state
or local officers or officials of the United States, whether
administrative, judicial, military or police, shall not enter the
headquarters district to perform any official duties therein except
with the consent of and under conditions agreed to by the Secretary-
General. The service of legal process, including the seizure of
private property, may take place within the headquarters district
only with the consent of and under conditions approved by the
Secretary-General.
(b) Without prejudice to the provisions of the General Convention
or Article IV of this agreement, the United Nations shall prevent
the headquarters district from becoming a refuge either for persons
who are avoiding arrest under the federal, state, or local law of
the United States or are required by the Government of the United
States for extradition to another country, or for persons who are
endeavoring to avoid service of legal process.
SECTION 10
The United Nations may expel or exclude persons from the
headquarters district for violation of its regulations adopted
under Section 8 or for other cause. Persons who violate such
regulations shall be subject to other penalties or to detention
under arrest only in accordance with the provisions of such laws or
regulations as may be adopted by the appropriate American
authorities.
"ARTICLE IV - COMMUNICATIONS AND TRANSIT
SECTION 11
The federal, state or local authorities of the United States
shall not impose any impediments to transit to or from the
headquarters district of (1) representatives of Members or
officials of the United Nations, or of specialized agencies as
defined in Article 57, paragraph 2, of the Charter, or the families
of such representatives or officials, (2) experts performing
missions for the United Nations or for such specialized agencies,
(3) representatives of the press, or of radio, film or other
information agencies, who have been accredited by the United
Nations (or by such a specialized agency) in its discretion after
consultation with the United States, (4) representatives of
nongovernmental organizations recognized by the United Nations for
the purpose of consultation under Article 71 of the Charter, or (5)
other persons invited to the headquarters district by the United
Nations or by such specialized agency on official business. The
appropriate American authorities shall afford any necessary
protection to such persons while in transit to or from the
headquarters district. This section does not apply to general
interruptions of transportation which are to be dealt with as
provided in Section 17, and does not impair the effectiveness of
generally applicable laws and regulations as to the operation of
means of transportation.
SECTION 12
The provisions of Section 11 shall be applicable irrespective of
the relations existing between the Governments of the persons
referred to in that section and the Government of the United
States.
SECTION 13
(a) Laws and regulations in force in the United States regarding
the entry of aliens shall not be applied in such manner as to
interfere with the privileges referred to in Section 11. When visas
are required for persons referred to in that Section, they shall be
granted without charge and as promptly as possible.
(b) Laws and regulations in force in the United States regarding
the residence of aliens shall not be applied in such manner as to
interfere with the privileges referred to in Section 11 and,
specifically, shall not be applied in such manner as to require any
such person to leave the United States on account of any activities
performed by him in his official capacity. In case of abuse of such
privileges of residence by any such person in activities in the
United States outside his official capacity, it is understood that
the privileges referred to in Section 11 shall not be construed to
grant him exemption from the laws and regulations of the United
States regarding the continued residence of aliens, provided that:
(1) No proceedings shall be instituted under such laws or
regulations to require any such person to leave the United States
except with the prior approval of the Secretary of State of the
United States. Such approval shall be given only after consultation
with the appropriate Member in the case of a representative of a
Member (or a member of his family) or with the Secretary-General or
the principal executive officer of the appropriate specialized
agency in the case of any other person referred to in Section 11;
(2) A representative of the Member concerned, the Secretary-
General, or the principal executive officer of the appropriate
specialized agency, as the case may be, shall have the right to
appear in any such proceedings on behalf of the person against whom
they are instituted;
(3) Persons who are entitled to diplomatic privileges and
immunities under Section 15 or under the General Convention shall
not be required to leave the United States otherwise than in
accordance with the customary procedure applicable to diplomatic
envoys accredited to the United States.
(c) This section does not prevent the requirement of reasonable
evidence to establish that persons claiming the rights granted by
Section 11 come within the classes described in that section, or
the reasonable application of quarantine and health regulations.
(d) Except as provided above in this section and in the General
Convention, the United States retains full control and authority
over the entry of persons or property into the territory of the
United States and the conditions under which persons may remain or
reside there.
(e) The Secretary-General shall, at the request of the
appropriate American authorities, enter into discussions with such
authorities, with a view to making arrangements for registering the
arrival and departure of persons who have been granted visas valid
only for transit to and from the headquarters district and sojourn
therein and in its immediate vicinity.
(f) The United Nations shall, subject to the foregoing provisions
of this section, have the exclusive right to authorize or prohibit
entry of persons and property into the headquarters district and to
prescribe the conditions under which persons may remain or reside
there.
SECTION 14
The Secretary-General and the appropriate American authorities
shall, at the request of either of them, consult as to methods of
facilitating entrance into the United States, and the use of
available means of transportation, by persons coming from abroad
who wish to visit the headquarters district and do not enjoy the
rights referred to in this Article.
"ARTICLE V - RESIDENT REPRESENTATIVES TO THE UNITED NATIONS
SECTION 15
(1) Every person designated by a Member as the principal resident
representative to the United Nations of such Member or as a
resident representative with the rank of ambassador or minister
plenipotentiary,
(2) such resident members of their staffs as may be agreed upon
between the Secretary-General, the Government of the United States
and the Government of the Member concerned,
(3) every person designated by a Member of a specialized agency,
as defined in Article 57, paragraph 2, of the Charter, as its
principal resident representative, with the rank of ambassador or
minister plenipotentiary, at the headquarters of such agency in the
United States, and
(4) such other principal resident representatives of members to a
specialized agency and such resident members of the staffs of
representatives to a specialized agency as may be agreed upon
between the principal executive officer of the specialized agency,
the Government of the United States and the Government of the
Member concerned, shall, whether residing inside or outside the
headquarters district, be entitled in the territory of the United
States to the same privileges and immunities, subject to
corresponding conditions and obligations, as it accords to
diplomatic envoys accredited to it. In the case of Members whose
governments are not recognized by the United States, such
privileges and immunities need be extended to such representatives,
or persons on the staffs of such representatives, only within the
headquarters district, at their residences and offices outside the
district, in transit between the district and such residences and
offices, and in transit on official business to or from foreign
countries.
"ARTICLE VI - POLICE PROTECTION OF THE HEADQUARTERS DISTRICT
SECTION 16
(a) The appropriate American authorities shall exercise due
diligence to ensure that the tranquility of the headquarters
district is not disturbed by the unauthorized entry of groups of
persons from outside or by disturbances in its immediate vicinity
and shall cause to be provided on the boundaries of the
headquarters district such police protection as is required for
these purposes.
(b) If so requested by the Secretary-General, the appropriate
American authorities shall provide a sufficient number of police
for the preservation of law and order in the headquarters district,
and for the removal therefrom of persons as requested under the
authority of the United Nations. The United Nations shall, if
requested, enter into arrangements with the appropriate American
authorities to reimburse them for the reasonable cost of such
services.
"ARTICLE VII - PUBLIC SERVICES AND PROTECTION OF THE HEADQUARTERS
DISTRICT
SECTION 17
(a) The appropriate American authorities will exercise to the
extent requested by the Secretary-General the powers which they
possess with respect to the supplying of public services to ensure
that the headquarters district shall be supplied on equitable terms
with the necessary public services, including electricity, water,
gas, post, telephone, telegraph, transportation, drainage,
collection of refuse, fire protection, snow removal, et cetera. In
case of any interruption or threatened interruption of any such
services, the appropriate American authorities will consider the
needs of the United Nations as being of equal importance with the
similar needs of essential agencies of the Government of the United
States, and will take steps accordingly, to ensure that the work of
the United Nations is not prejudiced.
(b) Special provisions with reference to maintenance of utilities
and underground construction are contained in Annex 2.
SECTION 18
The appropriate American authorities shall take all reasonable
steps to ensure that the amenities of the headquarters district are
not prejudiced and the purposes for which the district is required
are not obstructed by any use made of the land in the vicinity of
the district. The United Nations shall on its part take all
reasonable steps to ensure that the amenities of the land in the
vicinity of the headquarters district are not prejudiced by any use
made of the land in the headquarters district by the United
Nations.
SECTION 19
It is agreed that no form of racial or religious discrimination
shall be permitted within the headquarters district.
"ARTICLE VIII - MATTERS RELATING TO THE OPERATION OF THIS AGREEMENT
SECTION 20
The Secretary-General and the appropriate American authorities
shall settle by agreement the channels through which they will
communicate regarding the application of the provisions of this
agreement and other questions affecting the headquarters district,
and may enter into such supplemental agreements as may be necessary
to fulfill the purposes of this agreement. In making supplemental
agreements with the Secretary-General, the United States shall
consult with the appropriate state and local authorities. If the
Secretary-General so requests, the Secretary of State of the United
States shall appoint a special representative for the purpose of
liaison with the Secretary-General.
SECTION 21
(a) Any dispute between the United Nations and the United States
concerning the interpretation or application of this agreement or
of any supplemental agreement, which is not settled by negotiation
or other agreed mode of settlement, shall be referred for final
decision to a tribunal of three arbitrators, one to be named by the
Secretary-General, one to be named by the Secretary of State of the
United States, and the third to be chosen by the two, or, if they
should fail to agree upon a third, then by the President of the
International Court of Justice.
(b) The Secretary-General or the United States may ask the
General Assembly to request of the International Court of Justice
an advisory opinion on any legal question arising in the course of
such proceedings. Pending the receipt of the opinion of the Court,
an interim decision of the arbitral tribunal shall be observed on
both parties. Thereafter, the arbitral tribunal shall render a
final decision, having regard to the opinion of the Court.
"ARTICLE IX - MISCELLANEOUS PROVISIONS
SECTION 22
(a) The United Nations shall not dispose of all or any part of
the land owned by it in the headquarters district without the
consent of the United States. If the United States is unwilling to
consent to a disposition which the United Nations wishes to make of
all or any part of such land, the United States shall buy the same
from the United Nations at a price to be determined as provided in
paragraph (d) of this section.
(b) If the seat of the United Nations is removed from the
headquarters district, all right, title and interest of the United
Nations in and to real property in the headquarters district or any
part of it shall, on request of either the United Nations or the
United States, be assigned and conveyed to the United States. In
the absence of such request, the same shall be assigned and
conveyed to the subdivision of a state in which it is located or,
if such subdivision shall not desire it, then to the state in which
it is located. If none of the foregoing desires the same, it may be
disposed of as provided in paragraph (a) of this section.
(c) If the United Nations disposes of all or any part of the
headquarters district, the provisions of other sections of this
agreement which apply to the headquarters district shall
immediately cease to apply to the land and buildings so disposed
of.
(d) The price to be paid for any conveyance under this section
shall, in default of agreement, be the then fair value of the land,
buildings and installations, to be determined under the procedure
provided in Section 21.
SECTION 23
The seat of the United Nations shall not be removed from the
headquarters district unless the United Nations should so decide.
SECTION 24
This agreement shall cease to be in force if the seat of the
United Nations is removed from the territory of the United States,
except for such provisions as may be applicable in connection with
the orderly termination of the operations of the United Nations at
its seat in the United States and the disposition of its property
therein.
SECTION 25
Wherever this agreement imposes obligations on the appropriate
American authorities, the Government of the United States shall
have the ultimate responsibility for the fulfillment of such
obligations by the appropriate American authorities.
SECTION 26
The provisions of this agreement shall be complementary to the
provisions of the General Convention. In so far as any provision of
this agreement and any provisions of the General Convention relate
to the same subject matter, the two provisions shall, wherever
possible, be treated as complementary, 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 this
agreement shall prevail.
SECTION 27
This agreement shall be construed in the light of its primary
purpose to enable the United Nations at its headquarters in the
United States, fully and efficiently to discharge its
responsibilities and fulfill its purposes.
SECTION 28
This agreement shall be brought into effect by an exchange of
notes between the Secretary-General, duly authorized pursuant to a
resolution of the General Assembly of the United Nations, and the
appropriate executive officer of the United States, duly authorized
pursuant to appropriate action of the Congress.
In witness whereof the respective representatives have signed
this Agreement and have affixed their seals hereto.
Done in duplicate, in the English and French languages, both
authentic, at Lake Success the twenty-sixth day of June 1947.
For the Government of the United States of America:
G. C. Marshall,
Secretary of State
For the United Nations:
Trygve Lie,
Secretary-General
"ANNEX 1
The area referred to in Section 1(a)(1) consists of (a) the
premises bounded on the East by the westerly side of Franklin D.
Roosevelt Drive, on the West by the easterly side of First Avenue,
on the North by the southerly side of East Forty-eighth Street, and
on the South by the northerly side of East Forty-second Street, all
as proposed to be widened, in the Borough of Manhattan, City and
State of New York, and (b) an easement over Franklin D. Roosevelt
Drive, above a lower limiting plane to be fixed for the
construction and maintenance of an esplanade, together with the
structures thereon and foundations and columns to support the same
in locations below such limiting plane, the entire area to be more
definitely defined by supplemental agreement between the United
Nations and the United States of America.
"ANNEX 2 - MAINTENANCE OF UTILITIES AND UNDERGROUND CONSTRUCTION
SECTION 1
The Secretary-General agrees to provide passes to duly authorized
employees of The City of New York, the State of New York, or any of
their agencies or subdivisions, for the purpose of enabling them to
inspect, repair, maintain, reconstruct and relocate utilities,
conduits, mains and sewers within the headquarters district.
SECTION 2
Underground constructions may be undertaken by The City of New
York, or the State of New York, or any of their agencies or
subdivisions, within the headquarters district only after
consultation with the Secretary-General, and under conditions which
shall not disturb the carrying out of the functions of the United
Nations.
Sec. 2. For the purpose of carrying out the obligations of the
United States under said agreement and supplemental agreements with
respect to United States assurances that the United Nations shall
not be dispossessed of its property in the headquarters district,
and with respect to the establishment of radio facilities and the
possible establishment of an airport:
(a) The President of the United States, or any official or
governmental agency authorized by the President, may acquire in the
name of the United States any property or interest therein by
purchase, donation, or other means of transfer, or may cause
proceedings to be instituted for the acquisition of the same by
condemnation.
(b) Upon the request of the President, or such officer as the
President may designate, the Attorney General of the United States
shall cause such condemnation or other proceedings to be instituted
in the name of the United States in the district court of the
United States for the district in which the property is situated
and such court shall have full jurisdiction of such proceedings,
and any condemnation proceedings shall be conducted in accordance
with the Act of August 1, 1888 (25 Stat. 357), as amended [now 40
U.S.C. 3113] and the Act of February 26, 1931 (46 Stat. 1421), as
amended [now 40 U.S.C. 3114-3116, 3118].
(c) After the institution of any such condemnation proceedings,
possession of the property may be taken at any time the President,
or such officer as he may designate, determines is necessary, and
the court shall enter such orders as may be necessary to effect
entry and occupancy of the property.
(d) The President of the United States, or any officer or
governmental agency duly authorized by the President, may, in the
name of the United States, transfer or convey possession of and
title to any interest in any property acquired or held by the
United States, pursuant to paragraph (a) above, to the United
Nations on the terms provided in the agreement or in any
supplemental agreement, and shall execute and deliver such
conveyances and other instruments and perform such other acts in
connection therewith as may be necessary to carry out the
provisions of the agreement.
(e) There are authorized to be appropriated, out of any money in
the Treasury not otherwise appropriated, such sums as may be
required to enable the United States to carry out the undertakings
hereby authorized: Provided, That any money appropriated under this
authorization shall be spent only on a basis of reimbursement by
the United Nations in accordance with section 3 of the agreement,
and that the money thus reimbursed shall be deposited and covered
into the Treasury of the United States as miscellaneous receipts.
Sec. 3. The President, or the Secretary of State under his
direction, is authorized to enter into agreements with the State of
New York or any other State of the United States and to the extent
not inconsistent with State law, with any one or more of the
political subdivisions thereof in aid of effectuating the
provisions of the agreement.
Sec. 4. Any States, or, to the extent not inconsistent with State
law any political subdivisions thereof, affected by the
establishment of the headquarters of the United Nations in the
United States are authorized to enter into agreements with the
United Nations or with each other consistent with the agreement and
for the purpose of facilitating compliance with the same: Provided,
That, except in cases of emergency and agreements of a routine
contractual character, a representative of the United States, to be
appointed by the Secretary of State, may, at the discretion of the
Secretary of State, participate in the negotiations, and that any
such agreement entered into by such State or States or political
subdivisions thereof shall be subject to approval by the Secretary
of State.
Sec. 5. The President is authorized to make effective with
respect to the temporary headquarters of the United Nations in the
State of New York, on a provisional basis, such of the provisions
of the agreement as he may deem appropriate, having due regard for
the needs of the United Nations at its temporary headquarters.
Sec. 6. Nothing in the agreement shall be construed as in any way
diminishing, abridging, or weakening the right of the United States
to safeguard its own security and completely to control the
entrance of aliens into any territory of the United States other
than the headquarters district and its immediate vicinity, as to be
defined and fixed in a supplementary agreement between the
Government of the United States and the United Nations in pursuance
of section 13(3)(e) of the agreement, and such areas as it is
reasonably necessary to traverse in transit between the same and
foreign countries. Moreover, nothing in section 14 of the agreement
with respect to facilitating entrance into the United States by
persons who wish to visit the headquarters district and do not
enjoy the right of entry provided in section 11 of the agreement
shall be construed to amend or suspend in any way the immigration
laws of the United States or to commit the United States in any way
to effect any amendment or suspension of such laws."
UN MEMBERSHIP FOR COMMUNIST CHINA
Section 105 of Pub. L. 91-472, title I, Oct. 21, 1970, 84 Stat.
1044, provided that it was the sense of the Congress that the
United Nations should not admit the Communist Chinese Government to
membership as the representative of China. Similar provisions were
contained in the following prior acts:
Dec. 24, 1969, Pub. L. 91-153, title I, Sec. 105, 83 Stat. 407.
Aug. 9, 1968, Pub. L. 90-470, title I, Sec. 105, 82 Stat. 672.
Nov. 8, 1967, Pub. L. 90-133, title I, Sec. 105, 81 Stat. 416.
Nov. 8, 1966, Pub. L. 89-797, title I, Sec. 105, 80 Stat. 1484.
Sept. 2, 1965, Pub. L. 89-164, title I, Sec. 105, 79 Stat. 625.
Aug. 31, 1964, Pub. L. 88-527, title I, Sec. 105, 78 Stat. 716.
Dec. 30, 1963, Pub. L. 88-245, title I, Sec. 105, 77 Stat. 781.
Oct. 18, 1962, Pub. L. 87-843, title I, Sec. 105, 76 Stat. 1085.
Sept. 21, 1961, Pub. L. 87-264, title I, Sec. 105, 75 Stat. 550.
Aug. 31, 1960, Pub. L. 86-678, title I, Sec. 105, 74 Stat. 561.
July 13, 1959, Pub. L. 86-84, title I, Sec. 105, 73 Stat. 186.
June 30, 1958, Pub. L. 85-474, title I, Sec. 105, 72 Stat. 249.
June 11, 1957, Pub. L. 85-49, title I, Sec. 105, 71 Stat. 60.
June 20, 1956, ch. 414, title I, Sec. 110, 70 Stat. 304.
July 7, 1955, ch. 279, title I, Sec. 110, 69 Stat. 270.
July 2, 1954, ch. 456, title I, Sec. 110, 68 Stat. 418.
Aug. 5, 1953, ch. 328, title I, Sec. 111, 67 Stat. 372.
TRUSTEESHIP AGREEMENT RELATING TO TERRITORY OF THE PACIFIC ISLANDS
Act of July 18, 1947, ch. 271, 61 Stat. 397, authorized the
President to approve the trusteeship agreement between the United
States and the Security Council of the United Nations for the
Territory of the Pacific Islands.
EX. ORD. NO. 10108. DESIGNATION OF U.S. MISSION TO UNITED NATIONS
Ex. Ord. No. 10108, Feb. 9, 1950, 15 F.R. 757, provided:
By virtue of the authority vested in me by the United Nations
Participation Act of 1945 (59 Stat. 619) [this subchapter], as
amended by the act of October 10, 1949, 63 Stat. 734, and as
President of the United States, it is hereby ordered as follows:
1. The Representative of the United States to the United Nations,
the Deputy Representative of the United States to the United
Nations, the Deputy Representative of the United States to the
Security Council of the United Nations, representatives of the
United States in the Economic and Social Council of the United
Nations and its Commissions, representatives of the United States
in the Trusteeship Council, the Atomic Energy Commission, the
Commission for Conventional Armaments, and the Military Staff
Committee of the United Nations, and representatives to organs and
agencies of the United Nations appointed or designated and included
within the United States Mission to the United Nations as herein
designated, together with their deputies, staffs, and offices -
shall constitute and be known as the United States Mission to the
United Nations.
2. The Representative of the United States to the United Nations
shall be the Chief of Mission in charge of the United States
Mission to the United Nations. The Chief of Mission shall
coordinate at the seat of the United Nations the activities of the
Mission in carrying out the instructions of the President
transmitted either by the Secretary of State or by other means of
transmission as directed by the President. Instructions to the
representatives of the United States Joint Chiefs of Staff in the
Military Staff Committee of the United Nations shall be transmitted
by the Joint Chiefs of Staff. On request of the Chief of Mission,
such representatives shall, in addition to their responsibilities
under the Charter of the United Nations, serve as advisers in the
United States Mission to the United Nations.
3. The Chief of Mission shall be responsible for the
administration of the Mission, including personnel, budget,
obligation and expenditure of funds, and the central administrative
services; provided that he shall not be responsible for the
internal administration of the personnel, budget, and obligation
and expenditure of funds of the representatives of the United
States Joint Chiefs of Staff in the Military Staff Committee of the
United Nations. The Chief of Mission shall discharge his
responsibilities under this paragraph in accordance with such rules
and regulations as the Secretary of State may from time to time
prescribe.
4. The Deputy Representative of the United States to the United
Nations shall be the Deputy Chief of Mission, who shall act as
Chief of Mission in the absence of the Representative of the United
States to the United Nations.
5. This order supersedes Executive Order No. 9844 of April 28,
1947, entitled "Designating the United States Mission to the United
Nations and Providing for Its Direction and Administration."
EX. ORD. NO. 10422. LOYALTY PROCEDURES FOR EMPLOYEES
Ex. Ord. No. 10422, Jan. 9, 1953, 18 F.R. 239, as amended by Ex.
Ord. No. 10459, June 2, 1953, 18 F.R. 3183; Ex. Ord. No. 10763,
Apr. 23, 1958, eff. July 1, 1958, 23 F.R. 2767; Ex. Ord. No. 11890,
Dec. 10, 1975, 40 F.R. 57775; Ex. Ord. No. 12107, Dec. 28, 1978, 44
F.R. 1055, provided:
PART I - INVESTIGATION OF UNITED STATES CITIZENS EMPLOYED OR BEING
CONSIDERED FOR EMPLOYMENT ON THE SECRETARIAT OF THE UNITED NATIONS
1. Whenever the Secretary of State receives, from the Secretary
General of the United Nations, the name of and other necessary
identifying data concerning each United States citizen employed or
being considered for employment by the United Nations, the
Secretary of State shall, consistent with the Privacy Act of 1974
(5 U.S.C. 552a) and other applicable law, cause an investigation to
be conducted as provided in paragraph 2 of this Part, or forward
the information received from the Secretary General to the Office
of Personnel Management, which shall conduct an investigation,
consistent with the Privacy Act of 1974 (5 U.S.C. 552a) and other
applicable law, as provided in paragraphs 3 and 4 of this Part.
2. With respect to all applicants for short term appointments
which will not exceed six months and which are not appointments to
United Nations Secretariat professional posts or posts subject to
geographical distribution, the Secretary of State shall cause an
investigation to be conducted, which investigation shall be limited
to a search of the files of the Department of State. If the
investigation reveals any derogatory information within the meaning
of the standard set forth in Part II of this order, the information
received from the Secretary General of the United Nations shall be
forwarded to the Office of Personnel Management, which shall
conduct an investigation.
3. (a) Whenever the Office of Personnel Management receives the
information forwarded by the Secretary General to the Secretary of
State, the Office of Personnel Management shall conduct a National
Agency Check. Each National Agency Check shall include reference to
the following: (1) Federal Bureau of Investigation files; (2)
Office of Personnel Management files; (3) Military Intelligence
files as appropriate; and (4) files of any other appropriate
Government investigative or intelligence agency.
(b) If the investigation conducted by the Office of Personnel
Management reveals that a favorable National Agency Check was
previously completed, and the investigation conducted by the Office
of Personnel Management has not disclosed any derogatory
information within the meaning of the standard set forth in Part II
of this order, completion of a new National Agency Check is not
required if: (1) the applicant is or was previously employed by the
same or another international organization without an immediately
prior break in such service exceeding one year; (2) the applicant
is or was a United States Government civilian or military employee,
or a United States Government contract employee, without an
immediately prior break in such employment exceeding one year; or
(3) the applicant is transferred or detailed from an agency of the
United States Government pursuant to the provisions of sections
3343, 3581, 3582, 3583, or 3584 of Title 5 of the United States
Code.
4. Whenever information disclosed with respect to any person
being investigated is derogatory, within the standard set forth in
Part II of this order, the Office of Personnel Management shall
forward such information to the Federal Bureau of Investigation,
and the Bureau shall conduct a full field investigation of such
persons.
5. Reports of full field investigations shall be forwarded
through the Office of Personnel Management to the International
Organizations Employees Loyalty Board, established by Part IV of
this order and hereinafter referred to as the Board. Whenever such
a report contains derogatory information, under the standard set
forth in Part II of this order, there shall be made available to
the person in question the procedures of the Board provided or
authorized by Part IV of this order (including the opportunity of a
hearing) for inquiring into the loyalty of the person as a United
States citizen in accordance with the standard set forth in Part II
of this order. The Board shall transmit its determinations, as
advisory opinions, together with the reasons therefor stated in as
much detail as the Board determines that security considerations
permit, to the Secretary of State for transmission to the Secretary
General of the United Nations for his use in exercising his rights
and duties with respect to the personnel of the United Nations as
set out in the Charter and in regulations and decisions of the
competent organs of the United Nations.
6. At any stage during the investigation or Board proceeding, the
Board may transmit to the Secretary of State, for forwarding to the
Secretary General, in as much detail as the Board determines that
security considerations permit, the derogatory information
disclosed by investigation. This shall be for the purpose of
assisting the Secretary General in determining whether or not he
should take action with respect to the employee, or the person
being considered for employment, prior to the completion of the
procedures outlined in this order. The making available of any such
information shall be without prejudice to the right of full hearing
as provided for herein.
7. The Secretary of State shall notify the Secretary General in
all cases in which no derogatory information has been developed.
PART II - STANDARD
1. The standard to be used by the Board in making an advisory
determination as provided for in paragraph 5 of Part I of this
order with respect to a United States citizen who is an employee
of, or is being considered for employment by, the United Nations,
shall be whether or not on all the evidence there is a reasonable
doubt as to the loyalty of the person involved to the Government of
the United States.
2. Activities and associations of a United States citizen who is
an employee or being considered for employment by the United
Nations which may be considered in connection with the
determination whether or not on all the evidence there is a
reasonable doubt as to the loyalty of the person involved to the
Government of the United States may include one or more of the
following:
(a) Sabotage, espionage, or attempts or preparations therefor, or
knowingly associating with spies or saboteurs.
(b) Treason or sedition or advocacy thereof.
(c) Advocacy of revolution or force or violence to alter the
constitutional form of government of the United States.
(d) Intentional, unauthorized disclosure to any person, under
circumstances which may indicate disloyalty to the United States,
of United States documents or United States information of a
confidential or non-public character obtained by the person making
the disclosure as a result of his previous employment by the
Government of the United States or otherwise.
(e) Performing or attempting to perform his duties, or otherwise
acting, while an employee of the United States Government during a
previous period, so as to serve the interests of another government
in preference to the interests of the United States.
(f) Knowing membership with the specific intent of furthering the
aims of, or adherence to and active participation in, any foreign
or domestic organization, association, movement, group or
combination of persons, which unlawfully advocates or practices the
commission of acts of force or violence to prevent others from
exercising their rights under the Constitution or laws of the
United States, or of any State, or which seeks to overthrow the
Government of the United States or any State or subdivision thereof
by unlawful means.
PART III - OTHER INTERNATIONAL ORGANIZATIONS
The provisions of Parts I and II of this order shall be
applicable to United States citizens who are employees of, or are
being considered for employment by, other public international
organizations of which the United States Government is a member, by
arrangement between the executive head of the international
organization concerned and the Secretary of State or other officer
of the United States designated by the President.
PART IV - INTERNATIONAL ORGANIZATIONS EMPLOYEES LOYALTY BOARD
1. There is hereby established in the Office of Personnel
Management an International Organizations Employees Loyalty Board
of not less than three impartial persons, the members of which
shall be officers or employees of the Office.
2. The Board shall have authority in cases referred to it under
this order to inquire into the loyalty to the Government of the
United States of United States citizens employed, or considered for
employment, by international organizations of which the United
States is a member, and to make advisory determinations in such
cases, under the standard set forth in Part II of this order, for
transmission by the Secretary of State to the executive heads of
the international organizations coming under the arrangements made
pursuant to Parts I and III of this order.
3. The Board shall make necessary rules and regulations, not
inconsistent with the provisions of this order, for the execution
of its functions. There shall be included in such rules and
regulations provisions for furnishing each person whose case is
considered by the Board:
(a) A written statement of the alleged derogatory information, in
as much detail as security considerations permit.
(b) An opportunity to answer or comment upon the statement of
alleged derogatory information, in writing, and to submit
affidavits.
(c) An opportunity for hearing before the Board, or a panel
thereof of at least three members, including the right of the
person to be represented by counsel, to present witnesses and other
evidence in his behalf, and to cross-examine witnesses offered in
support of the derogatory information: Provided, That the Board
shall conduct its hearings in such manner as to protect from
disclosure information affecting the national security.
4. Based upon all the evidence before it, including such
confidential information as it may have in its possession, the
Board shall make its determinations in writing, and shall send to
each person who is the subject thereof a copy. In cases in which
hearing or other action is by a panel of three members, the action
or determination of the panel shall constitute the action or
determination of the Board, except that rules and regulations
pursuant to paragraph 3 of this Part shall be adopted by action of
the Board as a whole.
5. Except as otherwise specified in this order, the Office of
Personnel Management shall provide the necessary investigative and
other services required by the Board. All agencies of the executive
branch of the Government are authorized and directed to cooperate
with the Board, and, to the extent permitted by law, to furnish the
Board such information and assistance as it may require in the
performance of its functions.
6. All cases arising under this order which are pending before
the Regional Loyalty Boards and the Loyalty Review Board of the
Commission on the effective date of Executive Order No. 10450 of
April 27, 1953, shall on that date be transferred to the Board.
DELEGATION OF AUTHORITY ON RATES OF COMPENSATION FOR U.S.
REPRESENTATIVES TO THE UNITED NATIONS
Memorandum of President of the United States, Apr. 1, 1997, 62
F.R. 18261, provided:
Memorandum for the Secretary of State
By virtue of the authority vested in me by the Constitution and
laws of the United States of America, including section 301 of
title 3 of the United States Code, I hereby delegate to the
Secretary of State the functions vested in the President by section
2(g) of the United Nations Participation Act of 1945 (Public Law 79-
264, 22 U.S.C. 287(g)).
You are authorized and directed to publish this memorandum in the
Federal Register.
William J. Clinton.