PRIVILEGES/IMMUNITIES FOR

UNCLAS USUN NEW YORK 002195

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DEPT FOR IO/UNP AND DS

E.O. 12958: N/A
TAGS: OFDP UN
SUBJECT: PRIVILEGES/IMMUNITIES FOR
SECRETARY-GENERAL-DESIGNATE

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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

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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

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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

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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