
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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 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 [section 257 of Title 40, Public Buildings, 
Property, and Works] and the Act of February 26, 1931 (46 Stat. 1421), 
as amended [sections 258a to 258e of title 40].
    (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.
