22 U.S.C. § 287 — Representation in Organization

Page 201 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287 and the Secretary of the Treasury, the functions and authorities vested in the President by section 7133 of the Act [133 Stat. 2253]. (f) I hereby delegate to the Secretary of State, in con- sultation with the Secretary of Defense, the functions and authorities vested in the President by section 1227 of the Act [133 Stat. 1646]. SEC. 2. The delegations in this memorandum shall apply to any provisions of any future public laws that are the same or substantially the same as those provi- sions referenced in this memorandum. SEC. 3. The Secretary of State is authorized and di- rected to publish this memorandum in the Federal Reg- ister. DONALD J. TRUMP. § 286zz. Capital stock increases (a) Increases authorized The United States Governor of the Bank is au- thorized— (1)(A) to vote in favor of a resolution to in- crease the capital stock of the Bank on a se- lective basis by 245,773 shares; and (B) to subscribe on behalf of the United States to 42,298 additional shares of the cap- ital stock of the Bank, as part of the selective increase in the capital stock of the Bank, ex- cept that any subscription to such additional shares shall be effective only to the extent or in such amounts as are provided in advance in appropriations Acts; and (2)(A) to vote in favor of a resolution to in- crease the capital stock of the Bank on a gen- eral basis by 230,500 shares; and (B) to subscribe on behalf of the United States to 38,662 additional shares of the capital stock of the Bank, as part of the general in- crease in the capital stock of the Bank, except that any subscription to such additional shares shall be effective only to the extent or in such amounts as are provided in advance in appropriations Acts. (b) Limitations on authorization of appropria- tions (1) In order to pay for the increase in the United States subscription to the Bank under subsection (a)(2)(B), there are authorized to be appropriated, without fiscal year limitation, $4,663,990,370 for payment by the Secretary of the Treasury. (2) Of the amount authorized to be appro- priated under paragraph (1), $932,798,074 shall be for paid in shares of the Bank, and $3,731,192,296 shall be for callable shares of the Bank. (3) In order to pay for the increase in the United States subscription to the Bank under subsection (a)(1)(B), there are authorized to be appropriated, without fiscal year limitation $5,102,619,230 for payment by the Secretary of the Treasury. (4) Of the amount authorized to be appro- priated under paragraph (3), $306,157,153.80 shall be for paid in shares of the Bank, and $4,796,462,076.20 shall be for callable shares of the Bank. (July 31, 1945, ch. 339, § 73, as added Pub. L. 116–94, div. P, title XIX, § 1901, Dec. 20, 2019, 133 Stat. 3222.) Editorial Notes CODIFICATION Another section 73 of the Bretton Woods Agreements Act was enacted by Pub. L. 116–92 and is classified to section 286yy of this title. § 286aaa. Congressional notification with respect to exceptional access lending (a) In general The United States Executive Director at the Fund may not support any proposal that would alter the criteria used by the Fund for excep- tional access lending if the proposal would per- mit a country that is ineligible, before the pro- posed alteration, to receive exceptional access lending, unless, not later than 15 days before consideration of the proposal by the Board of Executive Directors of the Fund, the Secretary of the Treasury has submitted to the Committee on Financial Services of the House of Represent- atives and the Committee on Foreign Relations of the Senate a report on the justification for the proposal and the effects of the proposed al- teration on moral hazard and repayment risk at the Fund. (b) Waiver The Secretary of the Treasury may reduce the applicable notice period required under sub- section (a) to not less than 7 days on reporting to the Committee on Financial Services of the House of Representatives and Committee on Foreign Relations of the Senate that the reduc- tion is important to the national interest of the United States, with an explanation of the rea- sons therefor. (July 31, 1945, ch. 339, § 74, as added Pub. L. 118–47, div. F, title VII, § 7071(d), Mar. 23, 2024, 138 Stat. 852.) REPEAL OF SECTION Pub. L. 118–47, div. F, title VII, § 7071(d)(2), Mar. 23, 2024, 138 Stat. 852, provided that, effec- tive on the date that is 10 years after Mar. 23, 2024, this section is repealed. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 118–47, div. F, title VII, § 7071(d)(2), Mar. 23, 2024, 138 Stat. 852, provided that the repeal of this sec- tion is effective on the date that is 10 years after Mar. 23, 2024. SUBCHAPTER XVI—UNITED NATIONS ORGANIZATION § 287. Representation in Organization (a) Appointment of representative; rank, status, and tenure; duties The President, by and with the advice and con- sent of the Senate, shall appoint a representa- tive of the United States to the United Nations who shall have the rank and status of Ambas- sador 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 Na- tions and may serve ex officio as representative of the United States in any organ, commission, Page 202 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287 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; reappoint- ment unnecessary The President, by and with the advice and con- sent of the Senate, shall appoint additional per- sons with appropriate titles, rank, and status to represent the United States in the principal or- gans 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 di- rection 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 per- form 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 Rep- resentative or any other officer holding office at the time the provisions of this Act, as amended, become effective shall not be required to be re- appointed by reason of the enactment of this Act, as amended. (c) Appointment of special and alternate rep- resentatives; number; senior representative; duties The President, by and with the advice and con- sent 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 nec- essary to represent the United States in organs and agencies of the United Nations. The Presi- dent 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 ei- ther 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 representa- tive 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 sub- ject to confirmation by the Senate, to act, with- out additional compensation, for temporary pe- riods 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) 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 con- sent of the Senate, shall appoint a representa- tive 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 di- rection of the Secretary of State, represent the United States at the European office of the United Nations, and perform such other func- tions there in connection with the participation of the United States in international organiza- tions 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 pre- clude 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 author- ity contained in this section shall receive com- pensation 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 For- eign Service officers occupying positions of equivalent importance, except that no member of the Senate or House of Representatives or of- ficer 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 al- ternate to attend any specified session or speci- fied sessions of the General Assembly shall be entitled to receive such compensation. (h) Appointment of representative to Vienna of- fice of United Nations; rank, status, and ten- ure; duties The President, by and with the advice and con- sent of the Senate, shall appoint a representa- tive 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 func- tions there in connection with the participation of the United States in international organiza- tions as the Secretary of State from time to time may direct. The representative of the United States to the Vienna office of the United Page 203 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287 Nations shall also serve as representative of the United States to the International Atomic En- ergy Agency. (Dec. 20, 1945, ch. 583, § 2, 59 Stat. 619; Oct. 10, 1949, ch. 660, §§ 1, 2, 63 Stat. 734, 735; Pub. L. 89–206, §§ 1, 2, Sept. 28, 1965, 79 Stat. 841, 842; Pub. L. 96–465, title II, § 2206(a)(2)(A), Oct. 17, 1980, 94 Stat. 2160; Pub. L. 97–241, title I, § 118, Aug. 24, 1982, 96 Stat. 279; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VII, § 708(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–461.) Editorial Notes REFERENCES IN TEXT This Act, as amended, referred to in subsec. (b), is Pub. L. 89–206, Sept. 28, 1965, 79 Stat. 841, which amend- ed 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 En- ergy 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, § 1(a), struck out pro- visions which related to the appointment, rank and sta- tus, tenure and duties of a deputy representative of the United States to the United Nations. Subsec. (b). Pub. L. 89–206, § 1(a), substituted provi- sions 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 bod- ies as may be created by the United Nations with re- spect 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 di- rection 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 Na- tions, 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 connec- tion 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 provi- sions of this Act, as amended, become effective shall not be required to be reappointed by reason of the en- actment 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 representa- tive to represent the United States in the Security Council of the United Nations in the event of the ab- sence or disability of both the representative and the deputy representative of the United States to the United Nations. Subsec. (d). Pub. L. 89–206, § 1(b), struck out provi- sions 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 ap- pointed 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, § 2, added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively. 1949—Subsec. (a). Act Oct. 10, 1949, § 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, § 1, amended subsec. (b) generally, to provide for appointment of an additional deputy representative. Subsec. (c). Act Oct. 10, 1949, § 1, amended subsec. (c) generally, to provide for appointment of special and al- ternate representatives. Subsec. (d). Act Oct. 10, 1949, § 1, allowed the designa- tion 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 in- stances. Subsec. (f). Act Oct. 10, 1949, § 2, added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VII, § 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 Act Dec. 20, 1945, ch. 583, § 1, 59 Stat. 619, provided that: ‘‘This Act [enacting this subchapter] may be cited as the ‘United Nations Participation Act of 1945’.’’ PREVENTING CHILD MARRIAGE IN DISPLACED POPULATIONS Pub. L. 116–94, div. J, title IV, Dec. 20, 2019, 133 Stat. 3058, provided that: ‘‘SEC. 401. SHORT TITLE. ‘‘This title may be cited as the ‘Preventing Child Marriage in Displaced Populations Act’. ‘‘SEC. 402. FINDINGS. ‘‘Congress finds the following: ‘‘(1) According to United Nations Children’s Fund (UNICEF), 12,000,000 girls marry before the age of 18 every year. ‘‘(2) Early marriage denies children, especially girls, their right to make vital decisions about their well-being, including relating to their health, family, and career. Child brides are less likely to finish their education, and are at higher risk for abuse, con- tracting HIV, and dying while pregnant or giving birth. ‘‘(3) Child marriage also imposes substantial eco- nomic costs to developing countries, impeding devel- opment and prosperity gains. ‘‘(4) Displaced populations are particularly vulner- able to child marriage, in communities where pov- erty, instability, and displacement put pressure on families to marry children, particularly young girls, off at a young age. ‘‘(5) One United Nations (UN) study found that child marriage rates were 4 times higher among displaced Syrian refugees than among Syrians before the crisis. This indicates that displacement, instability, and poverty are driving child marriages. Page 204 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287 ‘‘(6) United Nations agencies, including UNICEF and the United Nations High Commissioner for Refu- gees (UNHCR), have acknowledged the dangers of child marriage and taken steps to address its risk in the populations they serve. ‘‘(7) The UN Joint Program on Child Marriage sup- ports this work by building the resilience of popu- lations to indirectly prevent child marriage and by generating new data and evidence on the prevalence of child marriage in humanitarian and fragile set- tings. For example, in Uganda, the UN Joint Program on Child Marriage helped 27,000 adolescent girls strengthen critical skills through school clubs and Go Back to School campaigns, as well as life skills and financial literacy training. ‘‘(8) After the UN Joint Program on Child Marriage identified Yemen as one of its focus countries, 65,000 people, of whom 45,000 are adolescents, were reached with awareness-raising activities on the harms of child marriage in 2018 alone. As a result, local council representatives, elders, and community leaders from 6 districts signed a pledge to support advocacy efforts to end child marriage. ‘‘SEC. 403. PREVENTING CHILD MARRIAGE IN DIS- PLACED POPULATIONS. ‘‘(a) IN GENERAL.—The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to call for an adop- tion of an agreed upon definition of ‘child marriage’ across United Nations agencies. ‘‘(b) STRATEGY.—The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to call for the de- velopment of a comprehensive strategy to address child marriage in refugee settlements administered by the United Nations. The strategy should include the fol- lowing elements: ‘‘(1) A mandate to regularly collect and report data related to the number of known or suspected child marriages taking place inside each such settlement. ‘‘(2) Protocols for United Nations personnel regard- ing prevention and monitoring of child marriages in- side each such settlement. ‘‘(3) A description of United Nations programs ad- ministered at such settlements that include— ‘‘(A) physical, mental, and emotional rehabilita- tion and support to children who have extricated themselves from child marriage; and ‘‘(B) alternatives to child marriage, such as edu- cation initiatives. ‘‘(4) Protocols regarding how United Nations per- sonnel should— ‘‘(A) report adults participating in illegal child marriages in each such settlement; and ‘‘(B) monitor the prosecution of such adults by the authorities of the country in which the settle- ment at issue is located. ‘‘(c) RESEARCH.—The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to advocate for the United Nations and its appropriate agencies to include, as appropriate, in all of its research regarding child marriage, the relationship between child marriage and violence against girls, including young children and in- fants. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) CHILD MARRIAGE.—The term ‘child marriage’ means a formal marriage or informal union involving at least one person younger than age 18. ‘‘(2) ILLEGAL CHILD MARRIAGE.—The term ‘illegal child marriage’ means a child marriage that is illegal under the laws of the country in which the child mar- riage occurs.’’ RESTRICTION ON FUNDING FOR THE PREPARATORY COM- MISSION FOR THE COMPREHENSIVE NUCLEAR-TEST-BAN TREATY ORGANIZATION Pub. L. 115–91, div. A, title XII, § 1279E, Dec. 12, 2017, 131 Stat. 1704, provided that: ‘‘(a) STATEMENT OF POLICY.—Congress declares that United Nations Security Council Resolution 2310 (Sep- tember 23, 2016) does not obligate the United States nor does it impose an obligation on the United States to re- frain from actions that would run counter to the object and purpose of the Comprehensive Nuclear-Test-Ban Treaty. ‘‘(b) RESTRICTION ON FUNDING.— ‘‘(1) IN GENERAL.—No United States funds may be made available to the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organi- zation. ‘‘(2) EXCEPTION.—The restriction under paragraph (1) shall not apply with respect to the availability of— ‘‘(A) United States funds for the Comprehensive Nuclear-Test-Ban Treaty Organization’s Inter- national Monitoring System; or ‘‘(B) United States funds used solely for analysis and dissemination of data collected under the Inter- national Monitoring System.’’ UNITED NATIONS PEACEKEEPING OPERATIONS; OVERSIGHT AND ACCOUNTABILITY Pub. L. 114–323, title III, §§ 301–305, Dec. 16, 2016, 130 Stat. 1917–1920, as amended by Pub. L. 115–94, §§ 2(c), 3, Dec. 18, 2017, 131 Stat. 2038, 2039, provided that: ‘‘SEC. 301. OVERSIGHT OF AND ACCOUNTABILITY FOR PEACEKEEPER ABUSES. ‘‘(a) STRATEGY TO ENSURE REFORM AND ACCOUNT- ABILITY.—Not later than 180 days after the date of the enactment of this Act [Dec. 16, 2016], the Secretary [of State] shall submit, in unclassified form, to the appro- priate congressional committees [Committees on For- eign Relations of the Senate and the House of Rep- resentatives] and the Committees on Appropriations of the Senate and the House of Representatives— ‘‘(1) a United States strategy for combating sexual exploitation and abuse in United Nations peace- keeping operations; and ‘‘(2) an implementation plan for achieving the ob- jectives set forth in the strategy described in para- graph (1). ‘‘(b) OBJECTIVES.—The objectives of the strategy re- quired under subsection (a) shall be the following: ‘‘(1) To dramatically reduce the incidence of sexual exploitation and abuse committed by civilian and military personnel assigned to United Nations peace- keeping operations. ‘‘(2) To ensure the introduction and implementa- tion by the United Nations of improved training, oversight, and accountability mechanisms for United Nations peacekeeping operations and the personnel involved with such operations. ‘‘(3) To ensure swift justice for any such personnel who are found to have committed sexual exploitation or abuse. ‘‘(4) To assist the United Nations and troop- or po- lice-contributing countries, as necessary and appro- priate, to improve their ability to prevent, identify, and prosecute sexual exploitation or abuse by per- sonnel involved in peacekeeping operations. ‘‘(c) ELEMENTS.—The strategy required under sub- section (a) shall include the following elements and ob- jectives: ‘‘(1) The amendment of the model memorandum of understanding and review of all current memoran- dums of understanding for troop- or police-contrib- uting countries participating in United Nations peacekeeping operations to strengthen provisions re- lating to the investigation, repatriation, prosecution, and discipline of troops or police that are credibly al- leged to have engaged in cases of misconduct. ‘‘(2) The establishment of onsite courts-martial, as appropriate, for the prosecution of crimes committed by military peacekeeping personnel, that is con- sistent with each peacekeeping operations’ status of forces agreement with its host country. ‘‘(3) The exploration of appropriate arrangements to waive the immunity of civilian employees of the Page 205 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287 United Nations and its specialized agencies, funds, and programs to enable the prosecution of such em- ployees who are credibly alleged to have engaged in sexual exploitation, abuse, or other crimes. ‘‘(4) The creation of a United Nations Security Council ombudsman office that— ‘‘(A) is authorized to conduct ongoing oversight of peacekeeping operations; ‘‘(B) reports directly to the Security Council on— ‘‘(i) offenses committed by peacekeeping per- sonnel or United Nations civilian staff or volun- teers; and ‘‘(ii) the actions taken in response to such of- fenses; and ‘‘(C) provides reports to the Security Council on the conduct of personnel in each peacekeeping oper- ation not less frequently than annually and before the expiration or renewal of the mandate of any such peacekeeping operation. ‘‘(5) The provision of guidance from the United Na- tions on the establishment of a standing claims com- mission for each peacekeeping operation— ‘‘(A) to address any grievances by a host coun- try’s civilian population against United Nations personnel in cases of alleged abuses by peace- keeping personnel; and ‘‘(B) to provide means for the government of the country of which culpable United Nations peace- keeping or civilian personnel are nationals to com- pensate the victims of such crimes. ‘‘(6) The adoption of a United Nations policy and plan that increases the number of troop- or police- contributing countries that— ‘‘(A) obtain and maintain DNA samples from each national of such country who is a member of a United Nations military contingent or formed po- lice unit, consistent with national laws, of such contingent or unit; and ‘‘(B) make such DNA samples available to inves- tigators from the troop- or police-contributing country (except that such should not be made avail- able to the United Nations) if allegations of sexual exploitation or abuse arise. ‘‘(7) The adoption of a United Nations policy that bars troop- or police-contributing countries that fail to fulfill their obligation to ensure good order and discipline among their troops from providing any fur- ther troops for peace operations or restricts peace- keeper reimbursements to such countries until appro- priate training, institutional reform, and oversight mechanisms to prevent such problems from recurring have been put in place. ‘‘(8) The implementation of appropriate risk reduc- tion policies, including refusal by the United Nations to deploy uniformed personnel from any troop- or po- lice-contributing country that does not adequately— ‘‘(A) investigate allegations of sexual exploi- tation or abuse involving nationals of such country; and ‘‘(B) ensure justice for those personnel deter- mined to have been responsible for such sexual ex- ploitation or abuse. ‘‘(d) IMPLEMENTATION.—The United States Permanent Representative to the United Nations shall use the voice, vote, and influence of the United States at the United Nations to advance the objectives of the strat- egy required by subsection (a). ‘‘(e) PEACEKEEPING TRAINING.—The United States should deny further United States peacekeeper training or related assistance, except for training specifically designed to reduce the incidence of sexual exploitation or abuse, or to assist in its identification or prosecu- tion, to any troop- or police-contributing country that does not— ‘‘(1) implement and maintain effective measures to investigate allegations of sexual exploitation and abuse offenses committed by peacekeeping personnel who are nationals of such country; ‘‘(2) appropriately hold accountable personnel who are found to have committed such offenses; and ‘‘(3) provide detailed reporting to the ombudsman described in subsection (c)(4) (or other appropriate United Nations official) that describes the offenses committed by the nationals of such country and such country’s responses to such offenses, including com- pensation to victims, as appropriate. ‘‘(f) ASSISTANCE.—The United States should develop support mechanisms to assist troop- or police-contrib- uting countries, as necessary and appropriate— ‘‘(1) to improve their capacity to investigate allega- tions of sexual exploitation and abuse offenses com- mitted by nationals of such countries while partici- pating in a United Nations peacekeeping operation; and ‘‘(2) to appropriately hold accountable personnel who are found to have committed acts of sexual ex- ploitation or abuse. ‘‘(g) HUMAN RIGHTS REPORTING.—In coordination with the ombudsman described in subsection (c)(4) (or other appropriate United Nations official), the Secretary [of State] shall identify, in the Department [of State]’s an- nual country reports on human rights practices, the countries of origin of any peacekeeping personnel or units that— ‘‘(1) are characterized by patterns of sexual exploi- tation or abuse; or ‘‘(2) have failed to institute appropriate institu- tional and procedural reforms after being made aware of any such patterns. ‘‘SEC. 302. REIMBURSEMENT OF CONTRIBUTING COUNTRIES. ‘‘It is the policy of the United States that— ‘‘(1) the present formula for determining the troop reimbursement rate paid to troop- and police-contrib- uting countries for United Nations peacekeeping op- erations should be clearly explained and made avail- able to the public on the United Nations Department of Peacekeeping Operations website; ‘‘(2) regular audits of the nationally-determined pay and benefits given to personnel from troop- and police-contributing countries participating in United Nations peacekeeping operations should be conducted to help inform the reimbursement rate referred to in paragraph (1); and ‘‘(3) the survey mechanism developed by the United Nations Secretary General’s Senior Advisory Group on Peacekeeping Operations for collecting troop- and police-contributing country data on common and ex- traordinary expenses associated with deploying per- sonnel to peacekeeping operations should be coordi- nated with the audits described in paragraph (2) to ensure proper oversight and accountability. ‘‘SEC. 303. WITHHOLDING OF ASSISTANCE. ‘‘It is the policy of the United States that security assistance should not be provided to any unit of the se- curity forces of a foreign country if such unit has en- gaged in a gross violation of human rights or in acts of sexual exploitation or abuse, including while serving in a United Nations peacekeeping operation. ‘‘SEC. 304. UNITED NATIONS PEACEKEEPING AS- SESSMENT FORMULA. ‘‘The Secretary [of State] shall direct the United States Permanent Representative to the United Na- tions to use the voice, vote, and influence of the United States at the United Nations to urge the United Na- tions to share the raw data used to calculate Member State peacekeeping assessment rates and to make available the formula for determining peacekeeping as- sessments. ‘‘SEC. 305. REIMBURSEMENT OR APPLICATION OF CREDITS. ‘‘Notwithstanding any other provision of law, the President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to seek and timely obtain a commitment from the United Nations to make available to the United Page 206 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287 States any peacekeeping credits that are generated from a closed peacekeeping operation.’’ [For definition of ‘‘peacekeeping credits’’ as used in sections 301–305 of Pub. L. 114–323, set out above, see section 2 of Pub. L. 114–323, set out as a note under sec- tion 2651 of this title.] WHISTLEBLOWER PROTECTIONS FOR UNITED NATIONS PERSONNEL Pub. L. 114–323, title III, § 307, Dec. 16, 2016, 130 Stat. 1921, provided that: ‘‘The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to— ‘‘(1) call for the removal of any official of the United Nations or of any United Nations agency, pro- gram, commission, or fund who the Secretary [of State] has determined has failed to uphold the high- est standards of ethics and integrity established by the United Nations, including such standards speci- fied in United Nations Codes of Conduct and Codes of Ethics, or whose conduct, with respect to preventing sexual exploitation and abuse by United Nations peacekeepers, has resulted in the erosion of public confidence in the United Nations; ‘‘(2) ensure that best practices with regard to whis- tleblower protections are extended to all personnel serving the United Nations or serving any United Na- tions agency, program, commission, or fund, espe- cially personnel participating in United Nations peacekeeping operations, United Nations police offi- cers, United Nations staff, contractors, and victims of misconduct, wrongdoing, or criminal behavior involv- ing United Nations personnel; ‘‘(3) ensure that the United Nations implements protective measures for whistleblowers who report significant allegations of misconduct, wrongdoing, or criminal behavior by personnel serving the United Nations or serving any United Nations agency, pro- gram, commission, or fund, especially personnel par- ticipating in United Nations peacekeeping oper- ations, United Nations staff, or contractors, specifi- cally by implementing best practices for the protec- tion of such whistleblowers from retaliation, includ- ing— ‘‘(A) protection against retaliation for internal and lawful public disclosures; ‘‘(B) legal burdens of proof; ‘‘(C) statutes of limitation for reporting retalia- tion; ‘‘(D) access to independent adjudicative bodies, including external arbitration; and ‘‘(E) results that eliminate the effects of proven retaliation; ‘‘(4) insist that the United Nations provides ade- quate redress to any whistleblower who has suffered from retribution in violation of the protective meas- ures specified in paragraph (3), including reinstate- ment to any position from which such whistleblower was wrongfully removed, or reassignment to a com- parable position at the same level of pay, plus any compensation for any arrearage in salary to which such whistleblower would have otherwise been enti- tled but for the wrongful retribution; ‘‘(5) call for public disclosure of the number and general description of— ‘‘(A) complaints submitted to the United Nations’ Ethics Office, local Conduct and Discipline teams, or other entity designated to receive complaints from whistleblowers; ‘‘(B) determinations that probable cause exists to conduct an investigation, and specification of the entity conducting such investigation, including the Office of Internal Oversight Services, the Office of Audit and Investigations (for UNDP), the Office of Internal Audit (for UNICEF), and the Inspector General’s Office (for UNHCR); ‘‘(C) dispositions of such investigations, including dismissal and referral for adjudication, specifying the adjudicating entity, such as the United Nations Dispute Tribunal; and ‘‘(D) results of adjudication, including discipli- nary measures proscribed and whether such meas- ures were effected, including information with re- spect to complaints regarding allegations of sexual exploitation and abuse by United Nations peace- keepers, allegations of fraud in procurement and contracting, and all other allegations of mis- conduct, wrongdoing, or criminal behavior; ‘‘(6) insist that the full, unredacted text of any in- vestigation or adjudication referred to in paragraph (5) are made available to Member States upon re- quest; and ‘‘(7) call for an examination of the feasibility of es- tablishing a stand-alone agency at the United Na- tions, independent of the Secretary General, to inves- tigate all allegations of misconduct, wrongdoing, or criminal behavior, reporting to the Member States of the General Assembly, paid for from the United Na- tions regular budget, to replace existing investigative bodies, including the Office of Internal Oversight Services, the Office of Audit and Investigations, the Office of Internal Audit, and the offices of inspectors general of relevant United Nations agencies.’’ QUALIFICATIONS OF THE UNITED NATIONS SECRETARY GENERAL Pub. L. 114–323, title III, § 310, Dec. 16, 2016, 130 Stat. 1924, as amended by Pub. L. 115–94, § 4, Dec. 18, 2017, 131 Stat. 2039, provided that: ‘‘(a) SENSE OF CONGRESS.—The Secretary [of State] shall direct the United States Permanent Representa- tive to the United Nations to use the voice, vote, and influence of the United States at the United Nations to urge each future candidate for the position of the United Nations Secretary General to circulate to the Member States of the General Assembly a description of his or her priorities and objectives for leading the or- ganization and ensuring that it upholds the principles outlined by the United Nations Charter, including spe- cific recommendations to improve strategic planning and enact far-reaching management, performance, and accountability reforms. ‘‘(b) PROPOSAL FOR UNITED NATIONS REFORM.—In addi- tion to the descriptions referred to in subsection (a), each such candidate shall be urged to describe the fol- lowing: ‘‘(1) A process for determining the goals, objectives, and benchmarks for the timely withdrawal of peace- keeping forces prior to the approval by the United Nations Security Council of a new or expanded peace- keeping operation. ‘‘(2) A proposal for ensuring that the numbers and qualifications of staff are clearly aligned with the specific needs of each United Nations agency, mis- sion, and program, including measures to ensure that such agencies, missions, and programs have the flexi- bility needed to hire and release employees as work- force needs change over time. ‘‘(c) STATEMENT OF POLICY.—It is the policy of the United States to withhold support for any candidate for the position of United Nations Secretary General un- less such candidate has produced a clear vision for lead- ing the United Nations, including a robust reform agen- da as described in subsection (b), and circulated such agenda to the Member States of the General Assem- bly.’’ UNITED STATES MEMBERSHIP ON THE UNITED NATIONS COMMISSION ON HUMAN RIGHTS AND INTERNATIONAL NARCOTICS CONTROL BOARD Pub. L. 107–228, div. A, title IV, § 408, Sept. 30, 2002, 116 Stat. 1391, provided that: ‘‘The United States, in con- nection with its voice and vote in the United Nations General Assembly and the United Nations Economic and Social Council, shall make every reasonable ef- fort— ‘‘(1) to secure a seat for the United States on the United Nations Commission on Human Rights; ‘‘(2) to secure a seat for a United States national on the United Nations International Narcotics Control Board; and Page 207 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287 ‘‘(3) to prevent membership on the Human Rights Commission by any member nation the government of which, in the judgment of the Secretary, based on the Department’s Annual Country Reports on Human Rights and the Annual Report on International Re- port on Religious Freedom, consistently violates internationally recognized human rights or has en- gaged in or tolerated particularly severe violations of religious freedom in that country.’’ [For definitions of ‘‘Secretary’’ and ‘‘Department’’ as used in section 408 of Pub. L. 107–228, set out above, see section 3 of Pub. L. 107–228, set out as a note under sec- tion 2651 of this title.] UNITED NATIONS POLICY ON ISRAEL AND THE PALESTINIANS Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VII, § 721], Nov. 29, 1999, 113 Stat. 1536, 1501A–462, as amended by Pub. L. 114–323, title VII, § 715(b)(2), Dec. 16, 2016, 130 Stat. 1946, provided that: ‘‘(a) CONGRESSIONAL STATEMENT.—It shall be the pol- icy of the United States to promote an end to the per- sistent inequity experienced by Israel in the United Na- tions 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 Pales- tinian People; the Division for the Palestinian Rights; and the Division on Public Information on the Question of Palestine. ‘‘(c) ANNUAL CONSULTATION.—At the time of the sub- mission of each annual report under subsection (c), the Secretary of State shall consult with the appropriate congressional committees on specific responses re- ceived by the Secretary of State from each of the na- tions 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, § 409, Feb. 16, 1990, 104 Stat. 68, provided for establishment, membership, etc., of United States Commission on Im- proving the Effectiveness of the United Nations to ex- amine the United Nations system as a whole and iden- tify 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, § 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 serv- ing, and provided that spouses and dependents were not to be included in such numbers, prior to repeal by Pub. L. 103–199, title V, § 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, § 115, Nov. 22, 1983, 97 Stat. 1021, as amended by Pub. L. 99–93, title I, § 142, Aug. 16, 1985, 99 Stat. 424; Pub. L. 100–204, title VII, § 704, Dec. 22, 1987, 101 Stat. 1389, provided that: ‘‘(a) The Congress finds that— ‘‘(1) the United Nations was founded on the prin- ciple of universality; ‘‘(2) the United Nations Charter stipulates that members may be suspended by the General Assembly only ‘upon the recommendation of the Security Coun- cil’; 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 il- legal 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 sus- pended 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, §§ 1501–1507, Nov. 1, 1978, 92 Stat. 2373–2375, described the purpose of the Inter- national 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 Commis- sion 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 print- ing, 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, § 511(b)(1), Aug. 13, 1981, 95 Stat. 443, provided that: ‘‘No funds are authorized to be ap- propriated to carry out part A of title XV of the Edu- cation 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 coordi- nated 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 pro- tect and improve the environment. ‘‘SEC. 3. [Authorization of Appropriations] There is authorized to be appropriated $40,000,000 for contribu- tions to the United Nations Environment Fund, which amount is authorized to remain available until ex- pended, 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 Page 208 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287 the Secretary of State out of any money in the Treas- ury 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 head- quarters 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 ap- propriated 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 Na- tions and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in con- nection with the Organization. ‘‘3. The General Assembly may make recommenda- tions with a view to determining the details of the ap- plication of paragraphs 1 and 2 of this article or may propose conventions to the Members of the United Na- tions 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 Organiza- tion; and ‘‘Whereas the interim arrangements concluded on June 26, 1945, by the governments represented at the United Nations Conference on International Organiza- tion instructed the Preparatory Commission estab- lished in pursuance of the arrangements to ‘make stud- ies and prepare recommendations concerning the loca- tion of the permanent headquarters of the Organiza- tion’; 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 Rep- resentatives December 10, 1945, and agreed to unani- mously by the Senate December 11, 1945, invited the United Nations ‘to locate the seat of the United Na- tions 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 Decem- ber 14, 1946, ‘That the Secretary-General be authorized to negotiate and conclude with the appropriate au- thorities 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 guid- ed in these negotiations by the provisions of a prelimi- nary 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 Decem- ber 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 privi- leges, immunities, and facilities needed in connection with the temporary headquarters of the United Na- tions.’; and ‘‘Whereas the Secretary of State of the United States, after consultation with the appropriate au- thorities 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 Na- tions 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 be- tween 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 consulta- tion with the appropriate State and local authorities, to enter into such supplemental agreements with the United Nations as may be necessary to fulfill the pur- poses of the said agreement: Provided, That any supple- mental 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 RE- GARDING 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 As- sembly on 14 December 1946 to establish the seat of the United Nations in The City of New York and to regu- late questions arising as a result thereof; Have appointed as their representatives for this pur- pose: 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: Page 209 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287 (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 appro- priate 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 inter- national organization established by the Charter of the United Nations, hereinafter referred to as the ‘Charter’: (e) the expression ‘Secretary-General’ means the Sec- retary-General of the United Nations. ‘‘ARTICLE II—THE HEADQUARTERS DISTRICT SECTION 2 The seat of the United Nations shall be the head- quarters 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 Sec- tion 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 ra- diotelegraph, radioteletype, radiotelephone, radiotelephoto, and similar services; (2) one point-to-point circuit between the head- quarters 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 tempo- rarily be used by the United Nations; (4) facilities for point-to-point communication to the same extent and subject to the same conditions as per- mitted under applicable rules and regulations for ama- teur 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 estab- lished 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 op- eration 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 con- trol 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 head- quarters 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 head- quarters 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 relat- ing to acts done or transactions taking place in the headquarters district, shall take into account the regu- lations 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 func- tions. 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 with- in 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 regu- lation 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 applica- tion of fire protection regulations of the appropriate American authorities. SECTION 9 (a) The headquarters district shall be inviolable. Fed- eral, state or local officers or officials of the United States, whether administrative, judicial, military or police, shall not enter the headquarters district to per- form any official duties therein except with the con- sent of and under conditions agreed to by the Sec- retary-General. The service of legal process, including the seizure of private property, may take place within Page 210 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287 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 regu- lations adopted under Section 8 or for other cause. Per- sons who violate such regulations shall be subject to other penalties or to detention under arrest only in ac- cordance with the provisions of such laws or regula- tions 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 spe- cialized 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) rep- resentatives of the press, or of radio, film or other in- formation 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 of- ficial 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 op- eration of means of transportation. SECTION 12 The provisions of Section 11 shall be applicable irre- spective of the relations existing between the Govern- ments 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 re- ferred 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 per- formed by him in his official capacity. In case of abuse of such privileges of residence by any such person in ac- tivities in the United States outside his official capac- ity, it is understood that the privileges referred to in Section 11 shall not be construed to grant him exemp- tion 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 appro- priate Member in the case of a representative of a Member (or a member of his family) or with the Sec- retary-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 insti- tuted; (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 cus- tomary procedure applicable to diplomatic envoys ac- credited 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 class- es described in that section, or the reasonable applica- tion 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 prop- erty 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 discus- sions with such authorities, with a view to making ar- rangements for registering the arrival and departure of persons who have been granted visas valid only for transit to and from the headquarters district and so- journ 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 con- ditions 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, con- sult as to methods of facilitating entrance into the United States, and the use of available means of trans- portation, 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 prin- cipal 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 Gov- ernment of the United States and the Government of the Member concerned, (3) every person designated by a Member of a special- ized 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 special- ized agency as may be agreed upon between the prin- cipal 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 Page 211 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287 territory of the United States to the same privileges and immunities, subject to corresponding conditions and obligations, as it accords to diplomatic envoys ac- credited to it. In the case of Members whose govern- ments are not recognized by the United States, such privileges and immunities need be extended to such representatives, or persons on the staffs of such rep- resentatives, only within the headquarters district, at their residences and offices outside the district, in transit between the district and such residences and of- fices, and in transit on official business to or from for- eign countries. ‘‘ARTICLE VI—POLICE PROTECTION OF THE HEADQUARTERS DISTRICT SECTION 16 (a) The appropriate American authorities shall exer- cise due diligence to ensure that the tranquility of the headquarters district is not disturbed by the unauthor- ized entry of groups of persons from outside or by dis- turbances in its immediate vicinity and shall cause to be provided on the boundaries of the headquarters dis- trict such police protection as is required for these pur- poses. (b) If so requested by the Secretary-General, the ap- propriate American authorities shall provide a suffi- cient 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 re- quested, enter into arrangements with the appropriate American authorities to reimburse them for the rea- sonable cost of such services. ‘‘ARTICLE VII—PUBLIC SERVICES AND PROTECTION OF THE HEADQUARTERS DISTRICT SECTION 17 (a) The appropriate American authorities will exer- cise to the extent requested by the Secretary-General the powers which they possess with respect to the sup- plying of public services to ensure that the head- quarters district shall be supplied on equitable terms with the necessary public services, including elec- tricity, water, gas, post, telephone, telegraph, transpor- tation, drainage, collection of refuse, fire protection, snow removal, et cetera. In case of any interruption or threatened interruption of any such services, the ap- propriate American authorities will consider the needs of the United Nations as being of equal importance with the similar needs of essential agencies of the Gov- ernment of the United States, and will take steps ac- cordingly, to ensure that the work of the United Na- tions 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 pur- poses for which the district is required are not ob- structed 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 head- quarters district by the United Nations. SECTION 19 It is agreed that no form of racial or religious dis- crimination 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 Sec- retary-General, the United States shall consult with the appropriate state and local authorities. If the Sec- retary-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 applica- tion of this agreement or of any supplemental agree- ment, 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 Inter- national Court of Justice. (b) The Secretary-General or the United States may ask the General Assembly to request of the Inter- national 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 in- terim 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 dis- trict 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 head- quarters district or any part of it shall, on request of either the United Nations or the United States, be as- signed and conveyed to the United States. In the ab- sence of such request, the same shall be assigned and conveyed to the subdivision of a state in which it is lo- cated 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 head- quarters 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 de- termined 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 Na- tions 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. Page 212 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287 SECTION 25 Wherever this agreement imposes obligations on the appropriate American authorities, the Government of the United States shall have the ultimate responsi- bility for the fulfillment of such obligations by the ap- propriate American authorities. SECTION 26 The provisions of this agreement shall be complemen- tary to the provisions of the General Convention. In so far as any provision of this agreement and any provi- sions of the General Convention relate to the same sub- ject matter, the two provisions shall, wherever pos- sible, be treated as complementary, so that both provi- sions 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 ex- change of notes between the Secretary-General, duly authorized pursuant to a resolution of the General As- sembly of the United Nations, and the appropriate ex- ecutive 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 lan- guages, 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 eas- terly side of First Avenue, on the North by the south- erly 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 Manhat- tan, City and State of New York, and (b) an easement over Franklin D. Roosevelt Drive, above a lower lim- iting plane to be fixed for the construction and mainte- nance 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 sub- divisions, 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 head- quarters district only after consultation with the Sec- retary-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 obliga- tions of the United States under said agreement and supplemental agreements with respect to United States assurances that the United Nations shall not be dispos- sessed 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 prop- erty or interest therein by purchase, donation, or other means of transfer, or may cause proceedings to be insti- tuted 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 pro- ceedings, and any condemnation proceedings shall be conducted in accordance with the Act of August 1, 1888 (25 Stat. 357), as amended [now 40 U.S.C. 3113] and the Act of February 26, 1931 (46 Stat. 1421), as amended [now 40 U.S.C. 3114–3116, 3118]. (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 Presi- dent, 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, pursu- ant to paragraph (a) above, to the United Nations on the terms provided in the agreement or in any supple- mental 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 author- ized: Provided, That any money appropriated under this authorization shall be spent only on a basis of reim- bursement by the United Nations in accordance with section 3 of the agreement, and that the money thus re- imbursed shall be deposited and covered into the Treas- ury 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 sub- divisions 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, af- fected 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: Pro- vided, That, except in cases of emergency and agree- ments of a routine contractual character, a representa- tive of the United States, to be appointed by the Sec- retary 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 ap- proval by the Secretary of State. SEC. 5. The President is authorized to make effective with respect to the temporary headquarters of the Page 213 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287 United Nations in the State of New York, on a provi- sional 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 head- quarters. 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 head- quarters district and its immediate vicinity, as to be defined and fixed in a supplementary agreement be- tween 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 agree- ment with respect to facilitating entrance into the United States by persons who wish to visit the head- quarters district and do not enjoy the right of entry provided in section 11 of the agreement shall be con- strued to amend or suspend in any way the immigra- tion laws of the United States or to commit the United States in any way to effect any amendment or suspen- sion of such laws.’’ UN MEMBERSHIP FOR COMMUNIST CHINA Pub. L. 91–472, title I, § 105, Oct. 21, 1970, 84 Stat. 1044, provided that it was the sense of the Congress that the United Nations should not admit the Communist Chi- nese Government to membership as the representative of China. Similar provisions were contained in the fol- lowing prior acts: Dec. 24, 1969, Pub. L. 91–153, title I, § 105, 83 Stat. 407. Aug. 9, 1968, Pub. L. 90–470, title I, § 105, 82 Stat. 672. Nov. 8, 1967, Pub. L. 90–133, title I, § 105, 81 Stat. 416. Nov. 8, 1966, Pub. L. 89–797, title I, § 105, 80 Stat. 1484. Sept. 2, 1965, Pub. L. 89–164, title I, § 105, 79 Stat. 625. Aug. 31, 1964, Pub. L. 88–527, title I, § 105, 78 Stat. 716. Dec. 30, 1963, Pub. L. 88–245, title I, § 105, 77 Stat. 781. Oct. 18, 1962, Pub. L. 87–843, title I, § 105, 76 Stat. 1085. Sept. 21, 1961, Pub. L. 87–264, title I, § 105, 75 Stat. 550. Aug. 31, 1960, Pub. L. 86–678, title I, § 105, 74 Stat. 561. July 13, 1959, Pub. L. 86–84, title I, § 105, 73 Stat. 186. June 30, 1958, Pub. L. 85–474, title I, § 105, 72 Stat. 249. June 11, 1957, Pub. L. 85–49, title I, § 105, 71 Stat. 60. June 20, 1956, ch. 414, title I, § 110, 70 Stat. 304. July 7, 1955, ch. 279, title I, § 110, 69 Stat. 270. July 2, 1954, ch. 456, title I, § 110, 68 Stat. 418. Aug. 5, 1953, ch. 328, title I, § 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 be- tween the United States and the Security Council of the United Nations for the Territory of the Pacific Is- lands. Executive Documents 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 Rep- resentative of the United States to the Security Coun- cil 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 Con- ventional Armaments, and the Military Staff Com- mittee of the United Nations, and representatives to organs and agencies of the United Nations appointed or designated and included within the United States Mis- sion to the United Nations as herein designated, to- gether 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 ei- ther 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 rep- resentatives shall, in addition to their responsibilities under the Charter of the United Nations, serve as advis- ers in the United States Mission to the United Nations. 3. The Chief of Mission shall be responsible for the ad- ministration of the Mission, including personnel, budg- et, obligation and expenditure of funds, and the central administrative services; provided that he shall not be responsible for the internal administration of the per- sonnel, 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 re- sponsibilities 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 Mis- sion, 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 Di- rection 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 EM- PLOYED 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 inves- tigation 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 Manage- ment, 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 ap- pointments which will not exceed six months and which are not appointments to United Nations Secretariat professional posts or posts subject to geographical dis- tribution, the Secretary of State shall cause an inves- tigation 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 in- formation within the meaning of the standard set forth in Part II of this order, the information received from Page 214 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287 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 Per- sonnel Management shall conduct a National Agency Check. Each National Agency Check shall include ref- erence to the following: (1) Federal Bureau of Inves- tigation files; (2) Office of Personnel Management files; (3) Military Intelligence files as appropriate; and (4) files of any other appropriate Government investiga- tive or intelligence agency. (b) If the investigation conducted by the Office of Personnel Management reveals that a favorable Na- tional Agency Check was previously completed, and the investigation conducted by the Office of Personnel Management has not disclosed any derogatory informa- tion 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 inter- national organization without an immediately prior break in such service exceeding one year; (2) the appli- cant 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 pro- visions 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 for- warded through the Office of Personnel Management to the International Organizations Employees Loyalty Board, established by Part IV of this order and herein- after 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 in- quiring 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 de- terminations, 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 reg- ulations and decisions of the competent organs of the United Nations. 6. At any stage during the investigation or Board pro- ceeding, 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 con- siderations permit, the derogatory information dis- closed 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 em- ployee, or the person being considered for employment, prior to the completion of the procedures outlined in this order. The making available of any such informa- tion shall be without prejudice to the right of full hear- ing as provided for herein. 7. The Secretary of State shall notify the Secretary General in all cases in which no derogatory informa- tion 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 Govern- ment of the United States. 2. Activities and associations of a United States cit- izen who is an employee or being considered for em- ployment by the United Nations which may be consid- ered 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 Govern- ment 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 sabo- teurs. (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 per- son, under circumstances which may indicate dis- loyalty to the United States, of United States docu- ments 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 par- ticipation in, any foreign or domestic organization, as- sociation, movement, group or combination of persons, which unlawfully advocates or practices the commis- sion 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 be- tween the executive head of the international organiza- tion concerned and the Secretary of State or other offi- cer of the United States designated by the President. PART IV—INTERNATIONAL ORGANIZATIONS EMPLOYEES LOYALTY BOARD 1. There is hereby established in the Office of Per- sonnel Management an International Organizations Employees Loyalty Board of not less than three impar- tial 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 citi- zens employed, or considered for employment, by inter- national 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 regula- tions, 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 in- formation, in as much detail as security considerations permit. Page 215 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287b (b) An opportunity to answer or comment upon the statement of alleged derogatory information, in writ- ing, 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 de- rogatory 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 pos- session, the Board shall make its determinations in writing, and shall send to each person who is the sub- ject thereof a copy. In cases in which hearing or other action is by a panel of three members, the action or de- termination of the panel shall constitute the action or determination of the Board, except that rules and regu- lations 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 Of- fice of Personnel Management shall provide the nec- essary investigative and other services required by the Board. All agencies of the executive branch of the Gov- ernment are authorized and directed to cooperate with the Board, and, to the extent permitted by law, to fur- nish 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 pend- ing before the Regional Loyalty Boards and the Loy- alty 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 Con- stitution and laws of the United States of America, in- cluding section 301 of title 3 of the United States Code, I hereby delegate to the Secretary of State the func- tions 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. § 287a. Action by representatives in accordance with Presidential instructions; voting The representatives provided for in section 287 of this title, when representing the United States in the respective organs and agencies of the United Nations, shall, at all times, act in ac- cordance with the instructions of the President transmitted by the Secretary of State unless other means of transmission is directed by the President, and such representatives shall, in ac- cordance with such instructions, cast any and all votes under the Charter of the United Na- tions. (Dec. 20, 1945, ch. 583, § 3, 59 Stat. 620.) § 287b. Reports to Congress by President (a) Periodic reports The President shall, from time to time as oc- casion may require, but not less than once each year, make reports to the Congress of the activi- ties of the United Nations and of the participa- tion of the United States therein. (b) Annual report on financial contributions Not later than July 1 of each year, the Sec- retary of State shall submit a report to the des- ignated congressional committees on the extent and disposition of all financial contributions made by the United States during the preceding year to international organizations in which the United States participates as a member. (c) Annual report In addition to the report required by sub- section (a), the President, at the time of submis- sion of the annual budget request to the Con- gress, shall submit to the designated congres- sional committees a report that includes the fol- lowing: (1) Costs of peacekeeping operations (A) A description of all assistance from the United States to the United Nations to sup- port peacekeeping operations that— (i) was provided during the previous fiscal year; (ii) is expected to be provided during the fiscal year; or (iii) is included in the annual budget re- quest to Congress for the forthcoming fiscal year. (B) With respect to United Nations peace- keeping operations— (i) the aggregate cost of all United Nations peacekeeping operations for the prior fiscal year; (ii) the costs of each United Nations peace- keeping operation for the prior fiscal year; and (iii) the amount of United States contribu- tions (both assessed and voluntary) to United Nations peacekeeping operations on an operation-by-operation basis for the prior fiscal year. (C) With respect to other international peacekeeping operations in which the United States participates— (i) the aggregate cost of all such oper- ations for the prior fiscal year; (ii) the costs of each such operation for the prior fiscal year; and (iii) the amount of United States contribu- tions (both assessed and voluntary) to such operations on an operation-by-operation basis for the prior fiscal year. (D) For assessed or voluntary contributions described in subparagraph (B)(iii) or (C)(iii) that exceed $100,000 in value, including in-kind contributions— (i) the total amount or estimated value of all such contributions to the United Nations and to each of its affiliated agencies and re- lated bodies; (ii) the nature and estimated total value of all in-kind contributions in support of United Nations peacekeeping operations and other international peacekeeping oper- ations, including— (I) logistics; (II) airlift; (III) arms and materiel; (IV) nonmilitary technology and equip- ment; (V) personnel; and (VI) training; (iii) the approximate percentage of all such contributions to the United Nations