315.3/6–153
The United States Representative at the United
Nations (Lodge) to
the Under Secretary of State for Administration (Lourie)
Dear Don: I have sent
the Attorney General a copy of the attached paper stating the
agreements we reached Friday with the request that he notify me of
any points on which it does not represent his understanding.
I would appreciate your doing the same. If I do not hear from you
within the week, I shall assume that I am free to proceed with my
oral discussions with Mr. Hammarskjold using this paper and, of course, the
earlier position paper from the Department as the basis for these
discussions.
May I again thank you, Mr. Phleger and Mr. McLeod for your understanding of the problems facing
us here and for your assistance in achieving a satisfactory
solution.
I am particularly pleased that you will give future cases your
personal attention. As you know I am only concerned that we should
be certain that decisions are promptly taken and soundly based.
I am certain that our agreement on Friday will aid me in doing a more
effective job of representing the interests of the United States at
the United Nations and will help to fulfill the obligations which
this country assumed under the unanimous invitation to the United
Nations issued by both houses of the Congress in 1947.1
Sincerely yours,
[Attachment]
Points Agreed upon with Respect to the
Implementation of the Headquarters Agreement and Section 6
Reservation in a Meeting held in the Attorney General’s
Office, May 29, 1953.
- 1.
- It is highly desirable for you to agree with Mr. Hammarskjold on a
practical working solution of the question of access by
aliens to
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the
United Nations headquarters, rather than to dispute with the
Secretary-General, and the Organization at large, legal
positions of each side concerning the effect and scope of
the Section 6 reservation.
- 2.
- In cases where an alien covered by Section 11 of the
Headquarters Agreement applies for a visa and the consular
officer considers that the alien is or may be excludable
under subsections 212(a) (27), (28)
and (29) of the Immigration and Nationality Act, the
consular officer will refer the matter to the Department of
State. It shall promptly notify the Attorney General and the
Ambassador at the United Nations of the cases.
- 3.
- Within the Department, the consul’s conclusion will be
reviewed as to whether the applicant alien falls within any
of the three subsections referred to above, and, if so,
which one. If the Department concludes that the applicant
alien falls within subsection 212(a)
(28) only, the Department will consider recommending to the
Attorney General that he exercise his discretion to admit
the alien. The consular officer will be informed of the
conclusions reached in Washington by the Departments of
State and Justice. No visa will be refused in a case under
Section 11 of the Headquarters Agreement without the case
having been referred to the Secretary or Acting Secretary
for review.
- 4.
- When it is determined that a visa must be refused on
security grounds (for example, because the Department of
State or the Department of Justice considers that the
applicant alien is covered by subsection (a) (27) or (29) of the Immigration and Nationality
Act), the Department will communicate to you the reasons for
this action. You would then be authorized in your discretion
to discuss the alien’s case with the Secretary-General,
making known to him the substance of the information on
which this Government based its decision to deny a visa. The
information so given to the Secretary-General would need to
be limited in such a way as not to disclose the source of
the information. The Department would send its communication
to you as soon as possible after the decision to deny a
visa, and in any event before the visa is denied by the
consular officer. As stated in your memorandum of May 19,
you would not discuss with the Secretary-General the cases
of governmental representatives, but of other aliens covered
by Section 11 of the Headquarters Agreement. In a few cases
it may be impossible to disclose any information to the
Secretary-General but in these cases the United States
Ambassador at the United Nations shall be fully informed so
that he can personally assure the Secretary-General that
clear and convincing information supporting the
determination exists.
- 5.
- In the event of an alien receiving a visa and subsequently
being denied admission at the port of entry in the United
States, or being subjected to unanticipated conditions of
admission, the Department of
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Justice would make available to you
promptly the reasons for such action, which you would then
be authorized in your discretion to make known to the
Secretary-General in substance, without compromising sources
of information.
- 6.
- In the present policy of restriction of certain
individuals a specific area in the vicinity of the
headquarters will be extended to cover other individuals
following under Section 11 who would otherwise be
inadmissable. The standard area for application of
restrictions will be bounded as follows: Beginning at the
southwesterly intersection of 97th Street and
Franklin Delano Roosevelt Drive,
thence running southerly along the west curb of
Franklin Delano Roosevelt Drive to
the northwesterly intersection of Franklin Delano
Roosevelt Drive and 48th Street, thence
running easterly to the East River, thence running southerly
along the west bank of the East River to a point directly
east of the southwesterly intersection of Franklin
Delano Roosevelt Drive and 42nd Street,
thence westerly to the southwesterly intersection of
Franklin Delano Roosevelt Drive and
42nd Street, thence running southerly along the west curb of
Franklin Roosevelt Drive to the
northwesterly intersection of Franklin
Roosevelt Drive and 26th Street, thence
westerly along the north curb of 26th Street to the
northwesterly intersection of 26th Street and 1st Avenue,
thence northerly along the west curb of 1st Avenue to the
northwesterly intersection of 1st Avenue and 28th Street,
thence westerly along the north curb of 28th Street to the
northeasterly intersection of 28th Street and 9th Avenue,
thence running northerly along the east curb of 9th Avenue
to the southeasterly intersection of 49th Street and 9th
Avenue, thence easterly along the south curb of 49th Street
to the southeasterly intersection of 49th Street and 8th
Avenue, thence northerly along the cast curb of 8th Avenue
and Central Park West to the southeasterly intersection of
Central Park West and Transverse Road No. 4 which crosses
Central Park, thence easterly along the south curb of
Transverse Road No. 4 and 97th Street to the point and place
of beginning. The limitation of the movement of individuals
who are restricted to this standard area shall not be deemed
to prevent these individuals from having access by the most
direct route from this area to offices of the Immigration
and Naturalization Service at 70 Columbus Avenue.
No formal agreement for this purpose will be negotiated. However,
the Secretary-General will be informed of this standard area and
necessary steps will be taken to make the information available
to the general public. In a limited number of cases, in each of
which specific notice will be given to the Secretary-General, it
may be necessary to circumscribe further the standard area.
These decisions will be taken on specific grounds and where
possible the Secretary-General will be informed in advance.
