FOREIGN RELATIONS, 19 4,6, VOLUME I



vail over any provisions in the law of the United States of America
which are inconsistent with it. It is agreed that within the zone the
protection afforded by the Constitution of the United States to the
basic human freedoms of expression, worship and personal liberty
shall not be lessened and no form of racial discrimination shall be
permitted."
  In the draft transmitted by the Preparatory Commission, the United
Nations were given a much more extensive power to enact regulations
setting aside provisions of the law of the United States. This would
obviously have been altogether unacceptable to the United States since
it would, in effect, have given the United Nations a blank check to set
aside constitutional provisions or the civil or criminal law of the
United States. The present draft is less objectionable and its intention
appears to be only to permit the United Nations to enact regulations
relating to such matters as speed limits, use of streets and other matters
of a police nature. Other problems of this type relate to immigration,
police protection, use of headquarters zone as a refuge, etc.
  4. The Draft has appended to it an Annex which contains provisions
relating to the immunities of the Organization, its staff and represent-
atives of Member governments. These provisions are to follow closely
the parallel provisions of the Draft General Convention on Privileges
and Immunities now under consideration by Committee 6. The most
significant objection to these provisions from the standpoint of the
United States is that they confer immunity from taxation and from
national service obligations on citizens of the United States who are
employed by the Secretariat. We object to these on the ground that
we do not desire to see the creation of a privileged class of our citizens.
  There are also other objections to some of the provisions, such as
the extension of diplomatic immunities beyond the point provided in
our own legislation and the provision of a United Nations passport.
Recommended United States Position on the Draft Convention
  The United States should abstain from discussing or voting upon
any of the provisions of the Draft Convention for the following
reasons:
  1. It would be inappropriate for the United States as one of the
parties to the Convention to place itself in a dual position by partici-
pating in the framing of a draft as a United Nations member.
  2. The United States would run a serious risk of committing itself
to the draft in advance of negotiations if it took any part in the dis-
cussions. Any argument against unsatisfactory provisions might be



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