840.50/2586: Telegram
The Ambassador in the United Kingdom (Winant) to the Secretary of State
[Received September 25—8:19 a.m.]
6449. Following is text of a self-explanatory letter received today from Sir Frederick Leith-Ross. I would appreciate being informed as soon as feasible concerning Department’s viewpoint respecting the two questions put by him:
“Our legal advisers tell me that so far as this country is concerned, we can bring the UNRRA agreement into effect on signature: But that legislation may be necessary on certain points before UNRRA actually operates here. I imagine that similar difficulties may arise in the United States, and I should much appreciate it if you could ascertain whether the State Department has considered these points and if so what action they contemplate.
The first point is that of the legal status of UNRRA, this must be such as to permit the performance by UNRRA, or by some legal entity created for the purpose, of the functions set out in article I paragraph 1. The fact that UNRRA is set up by international agreement would not suffice to give it any legal status in our courts, and this might cause difficulties if it were to operate here. It appears that there are several possibilities of getting over these difficulties: (a) The Director General could be the Administration’s ‘agent’ in these matters (as is implied by the opening words of article IV); (b) UNRRA might be registered as a corporation in the United States (where its headquarters will presumably be); (c) it could be registered in the United Kingdom as a non-profit making corporation; and finally (d) a special status could be conceded by legislation. Certain constitutional difficulties would arise here in adopting any of these methods, particularly (d). We should like to know whether similar difficulties arise under American law and if so what procedure the State Department have in mind.
Closely connected with this question is that of the immunities which UNRRA and its staff should be granted. Officials of UNRRA or at any rate those working abroad in disturbed areas will need to be protected by being given either full diplomatic privileges (including exemption from direct taxation on their salaries and customs duties on their personal requirements) or some more restricted immunities (e.g. immunity from search and from legal proceedings). It seems to us that the status and privileges of the staff ought if possible to be formulated in a protocol which should be signed at the same time as [Page 998] the agreement, and domestic legislation might be required also to give effect to any such agreement. The actual immunities which are desirable are a matter for inter-government agreement and we should like to know what your Government has in mind on this point.
A further complication arises in that if the officers of UNRRA are given immunity from legal proceedings, it would affect the possibility of treating the Director General as the legal entity acting for UNRRA, since it would seem necessary that there shall be someone who could be sued in connection with contracts entered into by UNRRA. It seems therefore that the two problems must be considered together and our course of action here must depend very largely upon the action taken on the establishment of UNRRA in the United States.
I should be grateful if you could discover whether any plans have been made by your Government for dealing with these questions and if so whether we might have some details as to the arrangements proposed and also as to the method by which the agreement of the member governments of UNRRA to such arrangements is to be obtained.
In view of the forthcoming conference, an early reply would be appreciated.”