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J File 1- (/ · (( ,\ UN ARCH'VE~ .' 1P'1LEASE RETAiN SERIES 'S-or.f+ CORl101LNAL ORDER BOX _b_ ~ ",.ulu," J FilE 1-" ~ 16~ 'L~~~ ACe. , to! ~'/~~ ~Q,<b) D.. G 82d Congress} 2d Session COMMITTEE PRINT ACTIVITIES OF UNITED STATES CITIZENS EMPLOYED BY THE UNITED NATIONS REPORT OF THE SUBCOMMITTEE TO INVESTIGATE THE' ADMINISTRATION OF THE INTERNAL SECURITY ACT AND OTHER INTERNAL SECURITY LAWS TO THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE EIGHTY-SECOND CONGRESS SECOND SESSION ON ACTIVITIES OF UNITED STATES CITIZENS EMPLOYED BY THE UNITED NATIONS J ANUARY 2, 1953 Printed for the use of the Committee on the Judiciary UNITED STATES GOVERNMENT PRINTING OFFICE 26991° WASHINGTON : 1953 COMMITTEE ON THE JUDICIARY PAT McOARRAN, Nevada, ~'1Iajr'llla" HARLEY M. KILGORE. West Virginia ALEXANDER WILEY, Wisconsin JAMES O. EASTLAND, Mississippi WILLIAM LANGER, North Dakota WARREN G. MAGNUSON, Washington HOMER FERGUSON, Michigan HERBERT R. O'CONOR. Maryland WILLIAM E. JENNER, Indiana ESTES KEFAUVER, Tennessee ARTHUR V. WATRlNS. Utah WILLIS SMITH. North Carolina ROBERT C. HENDRICKSON. New Jersey J. O. SounwmE. C(}un8d SUBCOMMITTEE To INVESTIGATE THE ADMINISTRATION OF THE INTERNAL SECURITY ACT AND OTHEIt INTERNAL SECURITY LAWS PAT McCARRAN. Nevada, Chairman JAMES O. EASTLAND, MlBsissippi HOMER FERGUSON, Michigan HERBERT :a. O·CONOR. MIIl'Y1Ilnd WILLIAM E. JENNER, Indiana WILLIS SMITH. North Carollnll. ARTHUR V. WATKINS, Utah ROBERT MORRIS. Special C6ll'11sel BENJAMIN MANDEL. Director of Research n I ACTIVITIES OF UNITED STATES CITIZENS EMPLOYED BY THE U. N. As a corollary of the Institute of Pacific Relations' investigation, the Internal Security Subcommittee in May of last year called as witnesses two officials of the United Nations, David Weintraub and Irving Kaplan. Weintraub proved to be the official who hired Owen Lattimore as head of tl. U. N. Economic Mission to Afghanistan in 1950. During the interrogation of these officials a new vista of evidence of subversion on the part of United States citizens opened to the subcommittee. Accordingly, the subcommittee commenced to gather material and evidence bearing on the presence of American officials working at the Secretariat of the United Nations who might be Communists. The first of the series of open hearings which resulted was held in New York City on October 13, with Senator Herbert O'Conor (Demo­ crat, Maryland) acting as chairman. In all there were 10 days of open hearings. During the short period between October 13 and December 3, the date of the last open hearing, the subcommittee heard publicly a number of witnesses who were officials of the Secre­ tariat of the United Nations and who invoked the constitutional privilege against self-incrimination, when asked about their partici­ pation in Communist activities. In addition the subcommittee put into the record evidence that some of these and certain other U. N. officials were involved in the Communist conspiracy. All of the wit­ nesses called were United States citizens. With a few exceptions all were officials of the Secretariat and were charged to the United States quota which was listed by the U. N. as 377.· One was the Secretary of the International Monetary Fund, a specialized agency of the United Nations; two were employed by UNICEF, and one by UNESCO, also specialized agencies of the U. N. Three of the witnesses called were not officials but reporters and stenographers who were called to emphasize special situations. But thl' investigation was directed almost exclusively to the officials and high officers of the Secretariat. INVES'l'IGATION NOT COMPLETE Time has not permitted the subcommittee to complete its investiga­ tion. It has decided to submit this interim report on the evidence publicly presented to date. The considerable evidence accumulated by the staff as well as the evidence taken in executive session are not incorporated into this report nor will the names of the officials in­ volved in this undeveloped evidence be mentioned or revealed. At the outset of the first hearing, Senator O'Conor gave expression to the limitation the subcommittee was imposing on the investigation. He said: This subcommittee will take testimony to determine whether United States citizens who, even though they are United Nations employees, have been engaged in subversive activities which are clearly beyond the scope of their employment. Our interest in this inquiry is solely to safeguard the internal security of the United States. This is in no sense an investigation into the United Nations or the functions of the United Nations (p. 1). 1 2 ACTIVITIES UF U. S. CITIZENS EMPLOYED BY UNITED NATIDNS During the course of the first series of hearings a memorandum of Trygve Lie, Secretary-General, was introduced into the record by Senator O'Conor (p. 9): STATEMENT BY SECRETARy-GENERAL TRYGVE LIE IN RESPONSE TO REQUESTS FOR COMMENT ON NEWSPAPER REPORTS OF SENATOR WILEY'S STATEMENT CHARGING THAT AMERICAN COMMUNISTS HAVE "INFILTRATED" THE U. N. SECRETARIAT MEMORANDUM FROM THE SECRETARY-GENERAL TO STAFF MEMBERS OF UNITED STATES NATIONALITY A committee of the United States Senate has announced that it will hold hear­ ings in New York to which certain members of the United Nations Secretariat will be called. I expect such staff members to conduct themselves with the respect due to an official agency of a member state. The laws of the United States dealing with the immunities of the United Na­ tions do not provide an immunity from legal process for staff members in regard to their private activities or to their activities prior to employment with the United Nations. The relevant provisions of law are the following: Article 100 of the Charter which sets forth the responsibilities of the Secretary­ General and staff and the undertaking of members of the United Nations with regard to them. Article 105 which provides that the representatives of the members and officials of the Organization 'shall enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organi­ zation. The International Organizations Immunities Act of the United States further provides that the archives of the United Nations shall be inviolable and that officers and employees of the United Nations shall be immune from legal process relating to acts performed by them in their official capacity and falling within their functions as such officers or employees, except insofar as such immunity may be waived by the International Organization. In accordance with these provisions of law, staff members of the United Nations called before the Senate committee are not authorized to testify with regard to official activities of the United Nations and do not have the right to waive the immunity conferred by law. They are authorized to answer questions which are matters of public record regarding their position as staff members, such as title, job description, compensation, date of appointment and the like. Your attention is also drawn to staff regulation 1.8 adopted by the General Assembly: "The immunities and privileges attached to the United Nations by virtue of article 105 of the Charter are conferred in the interests of the Organization. These privileges and immunities furnish no excuse to the staff members, who enjoy them for nonperformance of their private obligations or failure to observe laws and police regulations. In any case where these privileges and immunities arise, the staff member shall immediately report to the Secretary-General. with whom alone it rests to decide whether they shall be waived." Only one witness seriously invoked this memorandum as an excuse for not testifying. He was Frank C. Bancroft, an editor of the Documents Control Division. He was asked if he had aided one Eugene Wallach in the latter's appeal from an order of dismissal while he, Bancroft, was serving on the appeals board. He contended that by answering he would be disclosing the workings of an official body of the United Nations.! The subconunittee met in executive session on this issue. Senator McCarran, in a telegram, forcefully expressed his view that mere employment by the United Nations did not constitute, and could not be used as a shield against proper questioning by a congressional committee, and that no rules of the United Nations nor any instruc­ tions by United Nations officials to subordinates could relieve any 1 Both Bancroft and Wallach invoked their constitutional privilege when asked abollt their Communis membership. ACTIVITIES OF U. S. CITIZENS EMPLOYED BY UNITED NATIONS 3 American citizen employee of the United Nations from his 0 bligations and duties as an American citizen. The subcommittee rejected the plea of Bancroft that he not answer. Senator O'Conor, the acting chairman at that session, made the following ruling: As was stated at the outset of these hearings there is no intention or desire on the part of this subcommittee to investigate the activities of the United Nations as such, or to determine the functions of the United Nations. At the same time OUr duty and our assignment require that we ascertain the facts as to dangers threatening the internal security of the United States. To discharge that responsibility we must pursue the investigation wherever it leads and expose persons whoever they are, who are engaged in subversive activi­ ties directed against the security of this Nation. Testimony is offered that a full-scale operation is under way participated in by American citizens presently connected with United Nations. Confronting the subcommittee is a memorandum issued by the Secretary General of the United Nations which employees of the organization are inter­ preting in a manner which would shield them against our attempts to elicit information as to their operations along lines favored by the Communist Party. A Senate committee cannot be stopped in its endeavor to secure facts relating tc subversive activities on our shores by Americans regardless of their affiliation with an international organization.
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