ODA files, lot 62 D 225, “Visa Applications—Oral Hearings”
Memorandum Prepared in the Office of Dependent Area Affairs1
problem
The problem is to explore possible ways for speeding up the processing of visa applications of individuals who have been granted oral hearings by United Nations bodies.
background
During the Seventh Session of the General Assembly the Fourth Committee granted oral hearings to representatives of eleven groups of petitioners from trust territories in Africa, inviting them to present their cases in the Committee during the course of the session. Most of the petitioners who appeared before the Fourth Committee had no difficulties in securing the regular United States non-immigrant visa 3(2); however, the issuance of visas to Ruben Um Nyobe, representative of the Union des Populations du Cameroun, and Abdullahi Issa, of the Somali Youth League, was delayed for a considerable length of time. This was because these two representatives, or their respective organizations, had in the past been associated with communist organizations and therefore were not eligible to enter the United States under the Internal Security Act of 1950, then in force. The following paragraph discusses these two cases in some detail.
Union des Populations du Cameroun
On October 22, 1952, the Fourth Committee agreed to an oral hearing for the Union des Populations du Cameroun, which subsequently designated Mr. Ruben Um Nyobe as its representative. Upon receipt of this information, the Department sent a telegram (no. 45, September 27 [October 28], 1952) to the Consulate General in Leopoldville, [Page 1308] Belgian Congo, informing it of the Committee’s action and stating that the Department “was anxious to avoid any responsibility for delay.” On November 10 the Embassy in Paris (telegram no. 2871) informed the Department “was anxious to avoid any responsibility for delay”. that ninth proviso action be sought. However, it was considered that no action could be initiated by the Department until the United States received from the Secretary General of the United Nations official notification of the Committee’s invitation of Nyobe. Such notification, dated November 10, 1952, was received at USUN on November 15, 1952; however, its form was not entirely satisfactory since it did not indicate that Nyobe was considered by the Secretariat as an “invitee” within the meaning of section 11(5) of the Headquarters Agreement. It was only by the Secretariat note of November 18 that the United States was definitely advised that Nyobe was considered to be covered by section 11(5).
Upon receipt of the official confirmation by the Secretariat, on November 18, UNI initiated a security check through SY, the purpose of which was to enable the Department to determine definitely whether the visa applicant was admissible under present immigration statutes. The check was completed on December 4, 1952, and a letter to the Attorney General requesting ninth proviso action was dispatched on December 5. Action was taken by the Attorney General on December 9, 1952 and Nyobe’s visa issued on December 11. On December 17 Nyobe appeared before the Fourth Committee.
Somali Youth League
The Somali Youth League was voted an oral hearing by the Fourth Committee on November 6, 1952 and designated Abdullahi Issa as its representative. On November 15 the Embassy in Cairo (OMV 34) informed the Department that Issa might require ninth proviso action. However, as in the above case of Ruben Um Nyobe, it was deemed that no action could be taken until the United States received official confirmation of the invitation from the Secretariat. This notification in its final form was received on November 18 and the Department’s security check of Issa completed on November 28. On December 2, the letter requesting ninth proviso action was sent to the Attorney General, who approved the granting of Issa’s visa on December 9. The Department transmitted this information to Cairo by telegram no. 1188, dated December 9, and the visa was issued on December 11, 1952. Issa appeared before the Fourth Committee on December 19, 1952.
Difficulties encountered in the proceedings of visa applications in 9th proviso cases
It is apparent that the Department was considerably handicapped by the Secretary General’s delay in officially notifying the United States that the hearings had been granted. Most of the delay, however, [Page 1309] resulted from the complex procedures for the processing of visas in ninth proviso cases. The hearings for Nyobe and Issa therefore had to be repeatedly postponed, and the long delay was a source of great embarrassment to the Delegation. (USUN telegrams to Department no. 208 dated December [November] 17, 1952, and no. 272 dated November 26, 1952, copies of which are attached.)2 On several occasions the United States representative was questioned by the representatives of Byelo-Russia and Indonesia as to the visa status of the oral petitioners. Only through the cooperation of the Chairman of the Fourth Committee (Munoz, Argentina) and the Secretary (Ralph Bunche) was the United States spared further embarrassment with attendant increased possibilities of detrimental publicity. The danger is, of course, that damaging propaganda charges may be made if the United States appears to be denying entry to a petitioner whom the General Assembly has invited to be heard. In addition, it will be recalled that the United States had set the date of December 23, 1952, as its objective for concluding the work of the Fourth Committee. If the petitioners had not received their visas, the Fourth Committee might have had to re-assemble in February, a situation for which the United States might have been held partially responsible.
Possible Steps to Minimize Delay in Processing Visa Applications
Set forth below are some possible suggestions to improve the procedures in the handling of visa applications of United Nations “invitees”:
The Department should:
- 1.
- Immediately be informed by the Delegation of oral hearings granted to petitioners.
- 2.
- Continue its practice of sending telegrams, immediately on receipt of such information, to the appropriate consular posts advising them of invitations from the United Nations to individuals.
- 3.
- Initiate security checks of invitees immediately after receiving word of the Committee’s invitation from USUN, without waiting for official notification from the Secretary General’s office.
- 4.
- Consider the possibility of initiating ninth proviso action without waiting for the completion of security checks by SY in cases when there is information indicating that individuals will be found inadmissible.
- 5.
- Instruct the Delegation to keep in touch with the Secretariat to encourage prompt transmittal of the official notification of each invitation.
- 6.
- Consider the possibility of sending a letter to the Attorney General setting forth the background of the problem faced by the Department and making clear the importance of rapid action on ninth proviso cases involving United Nations invitees.