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f1~ rf) 1ht {Ct'.- c;}~'M' ; b-CLg. 1-f~1-1"'f/laY ~ ~J-tFt-eL Ih~~ 07 l.A S U-Ct U-~"15 tIl It/frll-e e>{ 6-t / --tk-t l-t41/ ~~-;f~ t,'~-,,L N{) 1< -lD (-/iYYL Spo-n oLe f/t_~1 s Cr~-l ~ ,;t, A..-ttT~ VIM
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153
UNARCHlVES
PLEASE RETAIN ORIGINAL ORDER
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SERIES 5/o~(+
BOX
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FilE -'--ACC. plfb, / /5, II I 1
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DA'mD 14, J~,!!! ~~ !R!!9I LXE· TO wAR1reN R. AUSTIN I US PERMA1IIEft REPBESD'l'A.T1'VBH 1'0 mE UlII'!'JIU) BA'l'IOIS · TEXT
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Excellency, I bave the honor to acknowledge the receipt ot your le'tter of enclosinl a coW ot
8Z1
9
J8Zluaz'J'
195',
Executive Order signed by the President of the tJI1ited
States on that date relating to
Unite~
citi~ens
being consi... dered fer employment in the secretariat of the United Nations. I appreciate 1,OU1" action in informing me of procedures being adopted by yaur Government t.~ malting states
emploJed
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available to me information concerning these per8lJns. In this connection I have particularly noted tbereaft1rmatiQn in the Executive Order of the principle of the independence of the
SecrettU7-Geru~ral pd
his
sole responsibility to the General Assembly ot the United Nations tor the se1ect1on and retention of staff. I bave also noted that, under the procedure prescribed, ind1Viduals With respect to whom there are a.dverse commentsYill be afforded the opportunity of bearings and review before United states agencies on the basis
of the standards set forth in t:tJ.e becutiva Order. In accordance with your request I have ~nstructed members of my statf to engage 1n preliminary discussions With your representatives concerning the practical application of the Order. As;you are aware, I aJJI preparing tor the consideration .f the General Assembly at the second part ,f its seventh session a c,emprshensive repqrt Wl pers.onnel policy1 which WiU contain all relevant documents including the Executive order of 9 January 195}. It i6 my earnest hope that the procedure prescribed _y the Order viU cootribute 'to a Naiiions
Bol~ion
Seeret~iat
of problems 1nvolVing American citizens in the United
who have been tl1e INbject of' l'ecent· inquiry and discussion.
Accept, Excellency, the renwed. a.ss~a.nce flit my highe8t.coosideratien.
~gve Lie Secretary-GeneraJ,
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NGrE NO. 582 :2 January 1953
NOTE TO
CORRES~:JONDENTS:
Text of , letter dated 2) December 1952, addressed to .' -
Ambass~dor Warren
R.
Austin, PerUlaIlent Hepresentative of the th:lit.ed States to the United Nations by. Secretary-~eral Trygve
Lie
con~erningU.N•.
Secretariat
st~frmatters.
DearAmb~5sadorauBtin:
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Vjnen I read the record of the testimony-given by.state Departrment officials on 1952 before the, United States Senate Subcommittee, on Internal Se,curity, I instructed 1'1r. Byron Price, assistant Secretary-General for Administrative 'and Financial Services, to prepare a factual swnmar-i of certain relationships I and my assistants have had with the United States 1:I.1s6ion and the State Department with respect to the matters under inquiry in th'e io December hearing.
:0
Decemb~r
I have the honor to enclose several copies as the Senate'Committee has suggested that some for the Subcommittee record, I would appreciate the Subcqrilluittee as soon as convenient for such ".
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of Nr. Price's statement. Inasmuch such statement might be welcomed it if you would forward a copy to· use as it may des1re. "
I avail myself of' this opportunity to: renew the assurances of my highest consideration.
Trygve Lie Secretary-Generai
Statem~t' of Byron"Price, Assistant Secretary-General. for Administrative and
Financial S~rvices,., 'thit'ed Nations:
At
a
security;
pUbli~ "he~ringon 10 December 1952, by the Senate Subcommittee on Internal tepre'sentativ~s of t'he State De~rt~ent testified~~6~t certain arrange-
ment.s and actions respecting United States citizens on the staff of the united Nations.lil' order that
t~le
pUblic record may be complete, the poiiciea and the
lctiohsof: the Secretary-General with respect to the5~ probi~ms'are re~i~wed fact~~ .
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The basic
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pr~nciples which govern the ~ecretary-Gen~ral in reg~rdt6 personnel
are those· laid down by th~C~rter of the United Nations andth~ Staff B,eg~ations ;adopted b~ "he General Assembly.
In keeping with these principles, the primary
~o~d'meet·the
objective of the Secretar;,-GenerqJ. has been'to employ a staff which
highe~t' standards of efficieney, competence ahdintegrity ~d which ~o~d: ine~ery .
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respect conduct itself in a manner befitting the status of internatior;al civil servants.
Accordingly, the Secretary-General has ·consistently and Un~qt4voCally . taken the ,
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"JOsition that no one should serve in the Secretariat with respect to whom there is ,~~stantial evidence indicating subversi~e activities directed against his own
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NOTE NO.. 582
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:2 January 1953 ~therGovemmen~."lrlthis
Government or, for that matter, against any
the Secretary-General has been particularly aware Unite~
to any host country in which. there are ,
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of
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the specIar' obligatibn~"owed:L
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It is also clear.tr.at the decision to employ or dismiss personnel ha.s been .'.
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resel~ed to the Secretary-G~neral, within the legal limits laid down by the '.
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Charter and by the Genet'al Assembly.
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The Secretary-General cannot receive in-
structions from any Member Government in respect to this functibri.
Moteover, he
cannot ~ict arbitrarily, l'lbatever :the desii'e or any HeIIlber Government may be.. and he
'~Cl:OO~:t..Sli.a;Lso,w;ith,off1cials\.of
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ImrL NO. 582 2 January 1953
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,.. Qn16 August 1948, a l,ist of 37?JJnit~d, St,ates ,nationals in thei Secretar1a~ . '.
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was
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to th,e Hisaion,"
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a.' request th3.t, 'the
usua~ pr~liJIlinary ~5S~~ .1n-.,,"
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qu~ri~sb~, ~.de, and, w~~.hthe hope tpatthe Secretary-General , . .. . ' , . . .' '...' . .. , .. , ~
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any ,ca$e, ,~~.ere:a ba.z;:t:ier t,o
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wtified . ~~ . . ;.
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of ,a pas,sport existed.· Suchan ,i,ndieation
n~t' be reg~~:ed" oicour.se, as,cqnclusi~'e'gro~d fb;r, di.smissal; but there ap~ar 'a.. posS~bUity,that.it ,might furni~h~' basi~\{o~' ~y~stigd.ti~."·': '
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This:initial 1948 list contained. the names 0; 13 persons 'Who S~te
questione.d, ip. public session,S of the '., ~.
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on t93t oCC;tlsionrefused to answer • .,; ..,t
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Subcommittee, ."
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were:
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14 .of,those who
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on thegro-und of self :incrimi.•
nation. Receipt of the .list was acknowledged by the Hission on 19 August 1948... ~ j
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January 1949, the, Nission a3ked for
complete infonuation, ,including .
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ea{:h
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instat'?-ce ·.th:ecurrent placE,' of l'esidence.On,:l8 11arch 1949, this was proy1.ded.
en
2 l'1ay 1949, and again on 20- Jul;y 1949, the 14ission was asked whether the informatiop '. •
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requested could not beexpec'ited.
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During April'and May 1.950,the,.M.ssion provided
adverse,-comtleiitsl'egarding a sinall n1unber of personx.
Subsequent written reports
containing- tiaadv:;rse infortation were rece±v-ed, and on 13 September 1950, the.'
Se~retary":'GertCr<;l1 was informed thu t aeheck of all 377 names had been completed. su~ceed:i.ng
Nevertheless"nuring the
two years, adverse reports on 24 others on the
1948 list were received.' (These later reports overlap the data tabulated below, since' som~ of "the 19hB names were repeated;in subsequent lists.) ,
Heantime~
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in 1949, the
further informal conversations
with United States offi'Cials.J.n which he f',.mphasized that he did not want .in' the Sec;etar-iat'any activity, and he •
AIr!e~icahs ,ag:a:,inst x,~peated..
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whom there wa.s substantial eyidence of subyersiye
his; reque:'Jt. .'
OnS September 1949, he
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a
commun~
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re6o~dsand give himth,i benefit of infol'IIll1tion regarding United States 'applicants forIXl~ts in'the Secretariat. On the basis of the preliminary :Lnfbrm8.l. able
con';'er's'ati~ns,'th~' Sec~etal7~(;eneral said he! unc~er3tood th",t the Department was not ." ." .. . . : '
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in a position to, make a,'full,scale investigation in ea.ch case or to "clear" the
persons' "in' question..
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proposal of the:$-~'chrtA.r.r-General a.nd its acceptance by the United States
au~!;qritiesapM-rent.lyin
the- "confidmtial arrangement" referred to in the
Cominittee testimony of -the state Department officials on 10 December ,1952. sequently the scope: of- -tlhls operation was 'expanded to cover existing sonnelofthe' Secretariatas~ell as app1icants o
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Senat~.
Sub-
~erican· per-
NOT,C; NO. 582 2 January 1953
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'As 'soon as' responses began tci be made it became the estab;J.ished practipe for the United States Mission to adverse information.' These
iiv~' writterirepoits in all ca~~~:wh~re it f~un~ no repbrts generally t~ok the form of a' 6t~tement that . . "
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the review "revealed either lack of information or the absence of any information indicative of a criIIlinal or polic'~ record~ u': in the opposite case, however, where the response was unfavorable, the:'Ytl.ssiori usually gave only 'oral
~';ai~ation,~~iCh
consisted many times of a single Word, such as "Reject ll , II(.,1,Uestiona~leu, "Incomplete" •
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Since the first group of 377 'names was' submitted to the H1ssion in August
1948, as outlined above, additional groups have been similarly submitted.
Records
are not c~mplete due to the spec~almanner'in \'Ihich reports were trans~tted~ but the following tabulation is believed correct: ~ '. No. of'Names Submitted ."
Response from. United States ~assi6n
1949 (exact date unavailable)
86
1 adverse evaulation, NOVember 1952.
3l October 1949 31 Hay 1950
39
No adverse evaluations. .
207
All but 5 reported back with no adverse comment September 1950. 4 of these 5 received adverse evaluations January
1951.
4
13 September 1950
adv~rsefindings
Januar,y
1951. 6 October 1950
1 adverse evaluation January a name which 'had first . been submitted in the J,.948 list.
1951 on
16 November 1950
180
1 adverse evaluation IvIarch
.
1951 relating to a person no' longer employed on that date. January 1951
9 August 1951
242 44
, August 1951
16
1 adverse evaluation February 1952 on a name first submitte~ in the 1948 li~t.
23 November 1951
146 .
Response incomplete• . 1 adverse evaluation November 195:
12 December 1951
303
6 adVerse evalUations dUring period ~~y 1952 - December
2 a.dv.erseevaluations l-1ay 195.
3 adverse evaluations over the period February 1952 November 195Q~
1952. (more)
I~OTL
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N(). 582 2 January 1953
In cases of long .delay.. it has been the practice to lIW,ke repeated requests for '. . ..' - , :... replies, bo~h hT~tten and oral. ,
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Six termiriated staff members
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ther~c6ruof
in
Senat~
the
Subcommittee
from the inc?mplete United of 10 December.,. The follcwing is presented . Natio,n3 files: . ' . ..
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Nam~first submitted to Un1:ti~d .,'jtates 'Hi3sicn'
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Joel Gordon . '
AU3ust 1948
St9Il1e~Gra:ze
August 1951
D~y~er
Jack S. ljarr,;is
AUGust .1948
Ma;y 1950
August 1948
November, 1952·
Augu:;t 1948
~pri1
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Frank\C~ B~croft
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Alfred Van Tassel· ..'
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Iriaddition t6' the 'abo've' refe:!'en~esornames of memoersol"'the staff, the United Nations has ak'ed for information regarding approximately 165 applicants of United States national~iti. Adverse 8valuctions have been received Hitb respect to lO:c·andid-ates.
United Nations r-:ecOrds show only the oneinstancenienfiohedabove,
\',hei'ea··staffme.tnber was emplbj'ed 18tter receipt 6fanadverse comment
,and
this'·
pers6ri'w~s la.ter te·rmin'ated. ' Repoi,t5. ai'e still a'-faited regarding lIlOrethah' bacl~
applicants, 's'bme of'·the· requests dat.ing
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more ,than a year..
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mU::.t.be ,bonie innundthat adverseevali...1a:tions, ",!herf received, have· been .
wholly ,:6naccoIiiparriiBd: by' securUy "evidm ce or:inf~:!'ma.t.i~n. oli' Which the eval:uations were based.
This was expl,:dn'3d as necessary, due to
restrictions of secrecy by, ,'..
which the State 'D9pcirtment' f,,1t itU-.llf b01.md."hnt.the result haiJ been to make it impossible- t'O asce'ritairiwhetl':'E;'~' th~evaJ.llati6n itl,volved a pretiootactivity' or a :'past activi,ty from whick) t.he ,pe~SD(l had ,completeJy, c:L:.~a,ssociatedbimself", In ai;., least .'
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from4~heA!D.p.rica.n Gover.~~~ent?ndicat~d in lJl:9P~.
case:? merely that. the, pq;rson under .considel';:ti,n was. "suspected". ..
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on la, ,Dec~er,theadyic.esreceiv""u •
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NO'l'E NO. 582
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2 January 19'.3 As is, quite apparent from the foregoing,. the process ope~atedso slowly th~t responses in the case of applicants could not be awaited when emergency recruiting was involved. The lack of actionable info~matiorr from the Unit~dStates Mission, necessi~. .
ating further inquiry by the Secretary-General himself, explains his problems only in part. '.L:'~h
There were other complicationsin'the administrative framework within
a3 a public official he is compelled to act,
When in 1950 he terminated
several of those regarding whom he felt he had convincing evidence, appeals Were taken to the Administrative Tribunal, a United Nations organ created by the General Assembly to consider charges of breach of employment contracts.
The Tribunal
held in 1951 that the specific reasons for termination had to be given even in the case of temporary employees,
However, the 3ecretary-General could not give such
reasons in many instances without breach of confidence with the source•. At the General assembly of 1951, the Secretary-General sought and obtained an amendment to the Staff.Regulations which'permitted him to terminate temporary staff, "if, in his opinion, such action 'WOuld be in the interest of the United Nations. 1t
This Regulation became effective on 1 lVIarch 1952 and.a nl,llDber of.tem-
porary staff members have been terminated under it,
However, in several of these
cases, appeals are pending before the Administrative Tribunal. Still more important, the 1952 grant of discretionaIJ' authority did not apply to staff members having permanent or fixed-term con~racts. Such employees have a tenure status in many ways similar to that enjoyed by civil servants of national
In general, the Articles dealing with separation from service p!ovide that permanent appointment'S can be tef'Jlli.IJated only on a showing of abolition of· po st, unsatisfactory service, physical incapacity, or as a disciplinary measure for misconduct,
governments.
Against this administrative background the Secretary-General faced a special .,
problem when it was reported to him by word of mouth during 195.2 that several staff members, some of whom ha'd never been commented upon adversely by the State Department, had refused to answer certain questions before a Federal Grand Jury sitting in New York on the grounds of the constitutional. privilege against self incrimination.
These questions related to possible associations and activities
entirely outside the Secretariat of the United Nations.
Following his policy of
acting only upon competent evidence, the Jecretary-General formally requested from' ..."!'le
United States Ivlission a copy of the Grand Jury proceedings, or at least some'
official word as to what had occurred.
'rhis request was denied,.
(more)
NOTE NO. 582 2 Janus.ry 1953
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2 Decelnbel' 1952 the Grand Jury issued a presentment which tended to cast
On
retu~inG
discredit upon the entire staff, but nanles.
no indictment and mentioning no
On the following day the Secretary-General again formally
addres~ed the
United States JYassion asking that, in fairness to h:ilnself and to the staff, upon which more than 2,000 Americans are serving, he be given either the Grand Jury records or at least an official statement of
spe~ific
evidence.
Thus far there
has been no response to this request. A number, of staff members likewise refused to answer questions, on the same
ground of $elf incrimination, when called before the 0enate Subcommittee at public hearings"
The Secretary-General took a very serious view of such refusal'and ex-
pressed publicly hi~ deep concern.
He did not question 'the right of anyone to
avail himself of constitutional privileges, but he questioned how one so doing, in these circwQstances, could any longer remain a useful international civil .,
He asked for the official record} and in each instance as soon as it was
servant.
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before him, took such action as he felt was clearly ~dthin his authority.
Tem-
porary employees were dismissed on the ground that their presence was no longer
in
th~
best interests of the United Nations.
Those having permanent appointments
were put on compulsory leave, and an opinion was sought from an international '
,
Commission of Jtrrists aa to what further action, if any, couid properly be taken. On
29
l~ovember
widely RUblicized.
1952, the Commission of Jurists made a report which has been The CotillUssion advised the 3ecretary-General, among other
things, that holders of permanent contracts who refuse to testify in the circumstances set forth, could and should be dismissed under the general articles of the Staff Regulations which provic.e, in effect, that int emational civil servant s must . .
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conduct themselves in a mall0'3r oefitting their .3pec5al status. ation,
the~ecretaI"'.r-G~E;lreJ annot,;,':.~ed
After consider-
that he:' ",muld <:1J.opt the general principles .,'
of the report with
reg~rd t(.
t,he f ;_ve c;uestio!js put to the Jurists, altholl.gh not
~~heir :'.(,vic~'
undertakil1.g to follow
j.n every p2r\icular"
missed the remainder of tho"3~ wh~1 hud refnsed opportunity to change their
;T..i"nd':l~
so dismissed will appeal to the The Comrniss::"on of
Jur~.c '~0
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an8',~~r, hav:L...'1.g first given them an
c.J '3ar that most, if not all, of those
A~ninistrative
Tribunal.
propsed t:Fit in certaiLl cases not involving
refusal to answer, a s?ecic:J. ::-"an!',l be creuted after affording staff
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On 3 December 1952 he dis-
t,)
advl.;:;e the Secre",<',ry-General,
ii."..'r:- !."ed tQ,,) opVJ 'tunL",:.r to b J hea:cd.
Thi.s advice
the Secretary-General also ac.cept erl: and such a panel is now in precess of organization.
It is the intention of tha :.J8cr0tar;r-Generel to place beiore the new panel
immediately eight or nine cases in which adverse comments in varying degrees have (more)
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NOTE NO. 592 ,:2 J,anuary 1953 't"
be~n 'recGiv;.~d fro;n the' United. ;3tJtes l:~ission. 'in the ~ema:i"ning cas~s involving such i.
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3ecret~~y~G'e~leral'1l~'~;no"reiia~;le\ause 'f~rproceecing s~~'e
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either is cOr:lpLte:y 1dthout evidence or is in
st~nti~li~ r:~t~t'e~ ~
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.'3tate·Depart~~ni!s'~v~iu~tion.
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Thisstaternentshoulclnot be concluded without ,t!'1e most explicit assurance that the Secretary-General ~as keenly aware olthe s~~~~~sness of the problem , pre~erit ad' by' 'th'c p~~~~nce' in th~ Sec;.~etariat,'~ithirl'th~'bor~er's of th~ 1 United
Amerib~ cttlze~s which
States, of
of
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Govern~ent f'elt
gr~un~to :suspect
it' had .
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subversive activities~ , This would he a serious matter for the United Nati~ns in'
'its headquarters chanced to' be located~ •
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where personnel is stc::,tioned to seek as much information as possible from the ' .
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For example, several hundred French nationals were employed
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temporarily in Paris during the" 1948 and 1951 session's
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of the
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GemeraJ. Assembly
f!.~n'~h·a~t:h~riti~~':'" ThE/;e:~ie{~~Y-Geiier,~J. \'lell imderstancs th.;it no o~g~iz~tiorl;'and':'espeCiaily no orgdI1ti~tion:dedicated' to such high purposes as' th~ ,unit'~~r 'Nati~n;;6~ hop~ .. 'to [-;e~ve"those purposes unle'is' it enjoys confidence anc{~e~pect.'\ ":. ,,',. . . .;. ; . . - : . . . '.. At t~esame time , no organization ded.icated toiaw'and order~n world affairs can h~pet~''~urvive if its own adIlunistra'tive' a~tio~~ar~':~rbitrary" and pie~i~ithere, and' fn every case
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prior check Has made.dth' th~
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tate, oasedon'mere suspicion and devoid of the due process to which all'civilized ."people S
'~r~ d~dic~ted.
It should not b"e eJo.'})ected
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or given him
oiilylt~;~ugh' the press or by hearoi.y. The: r~cord show~ that h~ ~~s sought ", ''I'eiiabie :tn:fo~ation dai in and day out, and' on the b~sis ~i~hat"facts 'were :a,Jailablehas:shaped his COllrse as 'he 'felt 1Imrr;mtedwithint~efr~~w~~k of his c
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