§ 287. — Representation in Organization.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC287]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7--INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XVI--UNITED NATIONS ORGANIZATION
Sec. 287. Representation in Organization
(a) Appointment of representative; rank, status, and tenure; duties
The President, by and with the advice and consent of the Senate,
shall appoint a representative of the United States to the United
Nations who shall have the rank and status of Ambassador Extraordinary
and Plenipotentiary and shall hold office at the pleasure of the
President. Such representative shall represent the United States in the
Security Council of the United Nations and may serve ex officio as
representative of the United States in any organ, commission, or other
body of the United Nations other than specialized agencies of the United
Nations, and shall perform such other functions in connection with the
participation of the United States in the United Nations as the
President may, from time to time, direct.
(b) Appointment of additional representatives; rank, status, and tenure;
duties; reappointment unnecessary
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 (control and limitation of armament). Such persons shall
serve at the pleasure of the President and subject to the direction of
the Representative of the United States to the United Nations. 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. 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.
(c) Appointment of special and alternate representatives; number; senior
representative; duties
The President, by and with the advice and consent of the Senate,
shall designate from time to time to attend a specified session or
specified sessions of the General Assembly of the United Nations not to
exceed five representatives of the United States and such number of
alternates as he may determine consistent with the rules of procedure of
the General Assembly. One of the representatives shall be designated as
the senior representative.
(d) Additional appointees; conditions governing certain appointments;
designation of certain State Department officers to sit on
Security Council
The President may also appoint from time to time such other persons
as he may deem necessary to represent the United States in organs and
agencies of the United Nations. The President may, without the advice
and consent of the Senate, designate any officer of the United States to
act without additional compensation as the representative of the United
States in either the Economic and Social Council or the Trusteeship
Council (1) at any specified session thereof where the position is
vacant or in the absence or disability of the regular representative or
(2) in connection with a specified subject matter at any specified
session of either such Council in lieu of the regular representative.
The President may designate any officer of the Department of State,
whose appointment is subject to confirmation by the Senate, to act,
without additional compensation, for temporary periods as the
representative of the United States in the Security Council of the
United Nations in the absence or disability of the representatives
provided for under subsections (a) and (b) of this section or in lieu of
such representatives in connection with a specified subject matter.
(e) Appointment of representative to European office of United Nations;
rank, status, and tenure; duties
The President, by and with the advice and consent of the Senate,
shall appoint a representative of the United States to the European
office of the United Nations, with appropriate rank and status who shall
serve at the pleasure of the President and subject to the direction of
the Secretary of State. Such person shall, at the direction of the
Secretary of State, represent the United States at the European office
of the United Nations, and perform such other functions there in
connection with the participation of the United States in international
organizations as the Secretary of State may, from time to time, direct.
(f) Representation by President or Secretary of State
Nothing contained in this section shall preclude the President or
the Secretary of State, at the direction of the President, from
representing the United States at any meeting or session of any organ or
agency of the United Nations.
(g) Compensation
All persons appointed in pursuance of authority contained in this
section shall receive compensation at rates determined by the President
upon the basis of duties to be performed but not in excess of rates
authorized by sections 3961, 3962, and 3963 of this title for chiefs of
mission, members of the Senior Foreign Service, and Foreign Service
officers occupying positions of equivalent importance, except that no
member of the Senate or House of Representatives or officer of the
United States who is designated under subsections (c) and (d) of this
section as a representative of the United States or as an alternate to
attend any specified session or specified sessions of the General
Assembly shall be entitled to receive such compensation.
(h) Appointment of representative to Vienna office of United Nations;
rank, status, and tenure; duties
The President, by and with the advice and consent of the Senate,
shall appoint a representative of the United States to the Vienna office
of the United Nations with appropriate rank and status, who shall serve
at the pleasure of the President and subject to the direction of the
Secretary of State. Such individual shall, at the direction of the
Secretary of State, represent the United States at the Vienna office of
the United Nations and perform such other functions there in connection
with the participation of the United States in international
organizations as the Secretary of State from time to time may direct.
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.
(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.
Section Referred to in Other Sections
This section is referred to in sections 287a, 287e of this title.
