FOREIGN R-ELATIONS, - 195'0, VOLUME I


  Repercussions in the United Nations
  Application of provisions of the Act to certain foreign participants
in U.N. activities in the U.S. has resulted in a resolution of inquiry
addressed'to the U.N. Secretary-General by 'ECOSOC. The Depart-
ment has also found it necessary to recommend eighteen cases to the
Attorney General for Ninth Proviso action during the period Sep-
tember 23-November 3, 1950. (For a full discussion of the effect of
the Act on U.N. activity in the U.S., see Annex 3 10 of this paper.)
  Effect of the Act upon Commnunist defection
  It is too early to evaluate the effect of the Act on defection from
Communist ranks. (See Annex 5    of this paper.)
Administration of the Act
  The Department of Justice has been cooperative in its administra-
tion of the Act, The Office of Consular Affairs and the Visa Division
have worked closely with Justice in the development of procedures for
administering the Act and on the interpretation of the loose language
found in the legislation. The Attorney General has indicated a willing-
ness to exercise his Ninth Proviso authority in those cases where he
felt he had authority to do so. This is often a rather slow process
but it has permitted the temporary admission of many aliens who
would otherwise have been excluded. However, the requirement that
each case be examined individually and the necessity of providing a
substantial amount of information needed by the Attorney General
for his report to Congress on Ninth Proviso actions has put a heavy
additional workload on the Department at home and the consular
establishment abroad. Further, there is no guarantee that the Attorney
General will exercise his Ninth Proviso authority in all cases in which
the Department is interested.
  As of November 10, there were 199 Ninth Proviso cases pending
in the Visa Division plus ,approximately 50 others in IEP (Educa-
tional Exchange program cases). By the same date, the Attorney
General had icatually invoked the Ninth Proviso in 151 cases. It is
estimated that IEP alone will have some 3,000 additional cases to
present to Justice for Ninth Proviso action in the remaining ,71/
months of this fiscal year. These cases arise in connection with the
exchange programs with Germany, Austria and Italy.
  Except for a few items, the Departments -of State and Justice have
reached agreement on definitions and procedures under- the Act.
There still remain three or possibly four points on which agreement
does nolt yet exist:

   See vol. i1, p. 77, footnote 1.
   Not printed.


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