Identifier
Created
Classification
Origin
06USUNNEWYORK1077
2006-05-26 16:23:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
USUN New York
Cable title:  

UN HOST COUNTRY COMMITTEE DISCUSSES DIPLOMATIC

Tags:  OFDP UN 
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VZCZCXYZ0011
RR RUEHWEB

DE RUCNDT #1077/01 1461623
ZNR UUUUU ZZH
R 261623Z MAY 06
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC 9165
INFO RUEHDS/AMEMBASSY ADDIS ABABA 0869
RUEHBP/AMEMBASSY BAMAKO 0069
RUEHCV/AMEMBASSY CARACAS 0267
RUEHMO/AMEMBASSY MOSCOW 0850
RUEHRH/AMEMBASSY RIYADH 0093
RUEHJI/AMCONSUL JEDDAH 0002
RUEHUB/USINT HAVANA 0116
UNCLAS USUN NEW YORK 001077 

SIPDIS

SENSITIVE
SIPDIS

IO/UNP FOR SAM BROCK

E.O. 12958: N/A
TAGS: OFDP UN
SUBJECT: UN HOST COUNTRY COMMITTEE DISCUSSES DIPLOMATIC
PARKING, PRIVILEGES/IMMUNITIES, G-5 VISAS, VISA DELAYS,
TRAVEL CONTROLS AND AIRPORT SEARCHES


UNCLAS USUN NEW YORK 001077

SIPDIS

SENSITIVE
SIPDIS

IO/UNP FOR SAM BROCK

E.O. 12958: N/A
TAGS: OFDP UN
SUBJECT: UN HOST COUNTRY COMMITTEE DISCUSSES DIPLOMATIC
PARKING, PRIVILEGES/IMMUNITIES, G-5 VISAS, VISA DELAYS,
TRAVEL CONTROLS AND AIRPORT SEARCHES



1. (SBU/NOFORN) Summary. The UN Committee on Relations with
the Host Country held its 228th meeting on May 17, 2006.
USUN Minister Counselor for Host Country Affairs represented
the United States. In keeping with past practice, the New
York City Commissioner for the United Nations, Consular Corps
and Protocol, and her Deputy participated as observers as did
nearly two-dozen representatives from non-Committee Member
States. Agenda items included concerns regarding the
diplomatic parking program, diplomatic privileges and
immunities, visa issuance for domestic servants of diplomats,
visa delays and travel restrictions, and airport searches of
diplomats. The chair indicated that he would take up Mali's
request for a new review of the Diplomatic Parking Program
and consult further on the request with interested
delegations. USUN intends to hold discussions with the
Chairman and NYC officials with a view to deflect, or at
least postpone action on the Malian request. End summary.

Diplomatic parking program


2. (U) Concerning the diplomatic parking program, the
representative from Mali expressed his long-standing
objection to the adoption of the November 2002 diplomatic
parking program, arguing that the program is illegal and has
a negative effect on the operations of the permanent
missions, especially on diplomatic movement in carrying out
tasks at the United Nations and elsewhere in New York.
Welcoming the new Assistant Secretary General for Legal
Affairs, Larry Johnson, he requested a new review by the UN
Office of Legal Affairs of the parking program and its
implementation, because the implementation of the program
needs to be more flexible and improved.

Diplomatic privileges and immunities


3. (U) Russia's representative (Kuzmin) referred to the
April 22, 2006 car accident involving Russian Mission
Attach, Ilya Morosov. The representative expressed strong
concern that a diplomat carrying proper documentation was
deprived of his diplomatic immunities and arrested,
handcuffed and detained by the police for several hours in
spite of his status as a diplomat. The Russian
representative stated that this conduct is contrary to both
the U.S.-UN Headquarters Agreement and Article 29 of the
Vienna Convention on Diplomatic Relations. He noted that in

Moscow, Russian law enforcement authorities have documented
25 serious violations by American diplomats in the last two
years that have been resolved on a bilateral basis, and
Russia believed that it should expect the same treatment from
other countries. He also thought the Host Country should not
have permitted speculative press reports regarding the
accident, and complained that the Host Country had not
provided the Russian Mission with police reports and other
documents it requested concerning the case.


4. (U) In reply, USRep (Graham) said that the United States
did not deprive Mr. Morozov of his privileges and immunities,
but requested that Russia waive Mr. Morozov's immunity so
that he would face the impending charges. The United States'
rapid action in this case was to ensure that the judicial
process moved smoothly and to minimize embarrassment to the
Permanent Mission of Russia. USUN Minister Counselor also
noted that the United States had a vigorous and free press
with which the U.S. government would not and could not
interfere. The Russian Federation refused to waive immunity
and inasmuch as Mr. Morozov is no longer in the United
States, Russian requests for police reports and other
documentation regarding the precise charges in this case seem
to be moot.

Issuance of visas for domestic workers


5. (U) Saudi Arabia expressed concern regarding the
alleged repeated denial of G-5 visas by the American
embassies in Jakarta, Colombo and Addis Ababa for domestic
workers with proper documentation applying to work for
employers at the Saudi UN Mission. The Saudi representative
was concerned that such denials were due to the fact that the
employers were Saudi diplomats. Replying generally to the
Saudi statement, USRep gave a detailed description of the
process and criteria for issuing G-5 visas, explained the



need for a bona fide employer-employee relationship and
contract, and provided comments on applicant visa
eligibility, emphasizing that the nationality of the
prospective employer was not a factor in visa adjudication.
If the Saudi Mission experienced additional problems in this
regard, they should be brought to the attention of USUN.

Visa delays and travel restrictions


6. (U) The Cuban representative expressed concern at the
delay in visa issuance, which has prevented Cuban officials
from arriving at UN meetings on time and caused the officials
to miss all or part of official UN meetings. Separately, the
Cuban representative voiced serious concern about the
restrictions the host country places on travel of Cuban
officials beyond the 25-mile radius of Columbus Circle, New
York, specifically raising the case of Counselor Rodolfo
Benitez, whose request to travel to a seminar sponsored by
the International Peace Academy had been denied. Forty
diplomats from other Missions participated. The Cuban
representative indicated that this denial is contrary to the
Vienna Convention, and is selectively discriminatory,
politically motivated and interferes with the workings of the
Mission. The Russian and Venezuelan representatives
supported the Cuban intervention.


7. (U) In reply, USRep noted that travel restrictions are
put in place for purposes of national security, and are
neither arbitrary nor political. The United States does not
restrict travel for official UN business and therefore the
travel restrictions do not interfere with the work of
Permanent Missions. In the case of Mr. Benitez, the travel
was denied because the International Peace Academy is not
part of the UN system but rather describes itself as fully
independent. As such, the travel of Mr. Benitez was not for
official UN business, and the denial was not inconsistent
with host country obligations.

Airport searches of diplomats


8. (U) The representative from Mali also raised the issue of
diplomats being subjected to searches at the airport, and
suggested that Host Country, if it lacks the resources (to
provide escorts) that would exempt Heads of Mission from
searches, instead provide them with special identification to
facilitate entry/exit at New York area airports.


9. (U) The chairman summarized the meeting, noted that he
would take up Mali's request for a review of the diplomatic
parking program, and would consult with Mali and other
interested delegations. He adjourned the meeting after
announcing that the next (229th) meeting would convene in
July 2006.


10. (SBU/NOFORN) Comment: The meeting was noteworthy for its
general absence of a strident tone; however, the chair's
agreeing to Mali's request for a review of the parking
program is not a welcome development. Several Committee
members and observer delegations agree with Mali's contention
that the program is illegal and inconsistent with host
country obligations. A much larger group of UN Member States
dislike the program and believe that the diplomatic parking
program was imposed on them without their input or consent.
Although a 2002 UN legal opinion, issued in response to a
Committee request, upheld the program as not being
inconsistent with the United States' obligations under
international law, several Member States have never accepted
the opinion. Also, the UN legal opinion left open the
possibility that a new legal opinion, which would specifcally
look at the program's actual implementation, might be
appropriate in the future.


11. (SBU/NOFORN) Comment continued: USUN and OFM/NY will need
to work proactively and cooperatively with the Chairman and
the City of New York to deflect Mali's demand for a new legal
opinion, either by requesting the Chairman to poll Member
States for their views on which aspects of the program
present serious problems, or by organizing a small working
group, perhaps composed of the Committee's Bureau, to
recommend next steps. USUN will also urge the NYC Commission
to address those implementation deficiencies which are the



cause for many complaints from the other Missions. End
Comment.

BOLTON