Office of the Historian

USUN files, “10, Privileges & Imunities, Delegations (Apr. 1949–1955)”

Memorandum of Conversation, by Albert F. Bender, Jr., of the Mission at the United Nations

confidential
New York, June 10, 1952.
  • Subject:
  • USUN Note of June 10, 1952 to SYG UN re Denial of Visa to Jiri Stary.

Feller advised me this afternoon that he had received our note mentioned above and that he was very much distressed by it. He said that he simply could not understand why we insisted upon raising the issue of the Section 6 reservation to the Headquarters Agreement. He said that it almost looked as if we were trying to line up 59 countries against the U.S. He said that in his opinion recourse to Section 6 was wholly unnecessary in view of the possibility of relying upon Section 13 of the Agreement, and that he frankly believed it was a “bone-head play”.

I advised Feller that I had previously communicated to the Department his feeling that it would be unwise to rely upon Section 6 in connection with the Stary case, but that the Department had nevertheless reached a decision to the contrary.

Feller said that he had not yet discussed with Lie what action would be taken on the basis of our note. He said that the Secretariat obviously could not acquiesce in our position with reference to Section 6. He said that if ECOSOC called upon the Secretariat for an opinion, the Secretariat would have to take a position contrary to that of the U.S. with reference to reliance upon Section 6. He said that if this did not happen, he believed that the SYG UN would at least wish to address a note to the U.S. Government reserving his position with reference to the application of Section 6. He said that the SYG UN might well be subject to severe criticism if he did not do this and further, that his failure to take such action would undoubtedly be construed by the U.S. Government at some future date as acquiescence in its position.

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Feller said that he was quite certain that our note would receive no present distribution by the Secretariat, and that the Czech delegation would not be advised of its receipt. I told him that it appeared possible that the Czech Government might shortly give some publicity to the matter because of the presentation of a note by our Embassy in Prague concerning our position on Stary. I said that, if this occurred, the Department would wish to release in Washington a copy of our note to the SYG UN, and that I would advise him immediately if there were any intention of doing this.

Feller said that he would let me know of any further thoughts the Secretariat might have on the subject.