PRIVILEGES/IMMUNITIES FOR

UNCLAS USUN NEW YORK 002195 SIPDIS SIPDIS DEPT FOR IO/UNP AND DS E.O. 12958: N/A TAGS: OFDP UN SUBJECT: PRIVILEGES/IMMUNITIES FOR SECRETARY-GENERAL-DESIGNATE SIPDIS ¶1. UN Legal Counsel Nicolas Michel has sent Ambassador Bolton a letter dated November 22, 2006, (text in para 3 below) informing USUN that the UN considers that incoming Secretary-General Ban Ki-moon and his wife are entitled now SIPDIS to full diplomatic privileges and immunities. The letter also says that the Secretary-General-designate's temporary residence in the Waldorf-Astoria Hotel constitutes premises under Section 3 of the 1946 Convention on the Privileges and Immunities of the UN. The letter further expresses the UN's understanding that the host country will provide the relevant security and protection to the SYG-designate. ¶2. The UN's Office of Legal Affairs has told USUN informally that it does not expect that USUN will reply to the letter, but wishes to make its position known now in case Ban is served with a lawsuit or protestors attempt to enter his residence. With regard to security, the UN has told USUN that Ban will receive protection from the UN Security Service, but that local law enforcement should be made aware of his presence in New York and the location of his residence. (USUN has so informed the NYPD, FBI/NY and DS/NYFO.) The UN Protocol Office will not send USUN the formal request for privileges and immunities for Mr. and Mrs. Ban until the end of December, at which time they will be formally registered and given diplomatic identification documents. ¶3. Begin Text of letter: On 13 November 2006, the General Assembly appointed Mr. Ban Ki-moon of the Republic of Korea as the next Secretary-General of the United Nations. The Secretary-General-designate, Mr. Ban Ki-moon has arrived to SIPDIS New York together with his spouse, Mrs. Ban Soon-taek, on 15 November 2006. The formal swearing-in ceremony of Mr. Ban Ki-moon is scheduled to take place on 14 December 2006. His term of office will start on 1 January 2007. With the present letter, pursuant to Article 105 of the Charter of the United Nations and Section 19 of the 1946 Convention on the Privileges and Immunities of the United Nations, we wish to inform you of our understanding that the Secretary-General-designate together with his spouse are SIPDIS entitled to the privileges and immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with international law. In addition, we would like to advise you that in view of the renovation of 3 Sutton Place, Mr. Ban Ki-moon will reside at the Waldorf Astoria Hotel, Suite 33 H, until further notice. It is also our understanding that those premises will constitute premises under Section 3 of the 1946 Convention. Furthermore, it is our understanding that the competent United States authorities will provide the relevant security and protection to Mr. Ban Ki-moon and Mrs. Ban Soon-taek, in light of the 1947 Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations and the 1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents. Please accept, Excellency, the assurances of my highest consideration. End Text. BOLTON