VZCZCXYZ0030
PP RUEHWEB

DE RUCNDT #0108/01 0391928
ZNY CCCCC ZZH
P 081928Z FEB 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 1297
INFO RHMCSUU/FBI WASHINGTON DC PRIORITY

C O N F I D E N T I A L USUN NEW YORK 000108 
 
SIPDIS 
 
SIPDIS 
 
VISAS 
 
DEPARTMENT FOR IO/UNP AND L/DL, L/UNA AND L/CA 
 
E.O. 12958: DECL: 02/01/2017 
TAGS: CVIS OFDP UN AF
SUBJECT: UN ASKS USG TO RECONSIDER ITS REQUIREMENT THAT 
NY-BASED STAFFER BE INTERVIEWED FOR G-4 VISA ABROAD 
 
Classified By: U.S. Representative (Acting), Amb. Alejandro D. Wolff, 1 
.5(b) 
 
¶1. (SBU) Summary and Action Request:  Representatives from 
the UN's Office of Legal Affairs (OLA), the UN Travel and 
Transportation Service, and UNDP met with representatives of 
USUN's Host Country and Legal sections on January 30 to 
express the UN's serious concerns regarding the USG 
determination that a UNDP staffer must apply and be 
interviewed abroad to renew his G-4 visa rather than applying 
for and being issued the visa by USUN in New York.  USUN 
conveys the points the UN raised, and in paragraph 7 below 
requests guidance for replying to the UN.  End Summary and 
Action Request. 
 
The precipitating visa case 
--------------------------- 
 
¶2. (SBU/NOFORN)  Mohammad Younus, a UNDP staff member and an 
Afghani national, applied to USUN in January 2007 to renew 
his G-4 visa, as he had done each year since 2002, (Note: 
Security Advisory Opinions (SAOs) were not required for 
Afghani nationals at the UN until 2006.)  The SAO clearance 
regarding his 2007 application (referred to as 
"administrative processing" when dealing with interlocutors 
outside the USG) indicated that there was no objection to 
issuing a visa if it could be established that the applicant 
was not a member of the Taliban or Afghani-state-run entity 
from 1996-November 2001.  Making this determination would 
seem to require interviewing the applicant, and because the 
USG does not interview visa applicants inside the U.S., USUN 
informed the UN that Mr. Younus would have to apply for his 
visa abroad as the visa was "not clearly approvable" in the 
U.S. 
 
USUN position 
------------- 
 
¶3. (U) At a January 30 meeting with representatives of OLA, 
the UN Travel and Transportation Service, and UNDP, USUN 
MinCouns for Host Country Affairs explained the U.S. response 
concerning the processing of Mr. Younus' visa.  He noted 
that, as a courtesy, USUN in New York handles a caseload of 
approximately 7000 visas per year for members of the UN 
community, a vast majority of which are issued in New York. 
Only a small number of individuals are asked to apply at a 
U.S. Embassy or Consulate overseas.  In these latter cases 
(most of which are due to a UN staffer needing to travel and 
realizing too late that his/her visa has expired or was about 
to expire, or because administrative processing of the 
application has not concluded by the time he/she must 
travel), USUN helps facilitate obtaining the individual's 
visa, e.g., by requesting from the visa issuing post an 
appointment on the applicant's behalf.  USUN MinCouns also 
noted that G-4 visas are rarely denied, reminding the UN 
interlocutors that there are very limited grounds for denying 
a G-4 visa, and that a process is in place to deal with those 
exceedingly rare cases.  USUN MinCouns also noted that in the 
current case, the applicant's administrative processing had 
been concluded and thus, if he applied promptly at a visa 
issuing post abroad, it is unlikely that he would be stranded 
or delayed in obtaining visa adjudication. 
 
UN Office of Legal Affairs raises points 
---------------------------------------- 
 
¶4. (U) OLA's Serguei Tarassenko noted that Younus has been in 
NY working for the UN for at least three years and had no 
problem renewing his visa at USUN previously.  Tarassenko 
then cited the Convention on Privileges and Immunities of the 
United Nations (1946, Articles V and VII), the U.S.-UN 
Headquarters Agreement (1947, Sections 11 and 13) and the 
International Organization Immunities Act (1945).  Tarassenko 
emphasized that the UN does not want to upset its harmonious 
relationship with the Host Country, that the UN seeks an 
informal resolution of the issue, and that it hopes that 
Washington will authorize an exception in Mr. Younus's case. 
Specifically, Tarassenko set forth the following points: 
 
--The Convention on Privileges and Immunities of the United 
Nations, Article V, Section 18 exempts UN officials and their 
dependents from immigration restrictions.  Article VII, 
Section 25 states that officials who hold UN laissez-passer, 
and who bear a cerificate that they are travelling on UN 
business, shall be dealt with as speedily as possible, and 
that such persons shall be granted facilities for speedy 
travel. 
 
 
--The U.S.-UN Headquarters Agreement, Article IV, Section 11 
states that "The federal, state or local authorities of the 
United States shall not impose any impediments to transit to 
or from the headquarters district of ... officials of the UN, 
or of specialized agencies..."  The U.S.-UN headquarters 
Agreement, Article IV, Section 13 states that "Laws and 
regulations in force in the United States regarding entry of 
aliens shall not be applied in such a way as to interfere 
with the privileges referred to in Section 11...." 
 
--The International Organizations Immunities Act also 
underscores the privileges and immunities granted to 
officials of international organizations. 
 
¶5. (CONF/NOFORN) Additional OLA arguments included the 
following: 
 
--There are budgetary consequences for the UN (and ultimately 
the U.S.which funds 22% of the UN's budget) in requiring a UN 
staffer to apply for a visa abroad as the UN must pay the 
individual's travel, per diem, and salary while (s)he waits 
for the visa. 
 
--Requiring a UN staffer to apply abroad to obtain a visa 
sets a problematic precedent.  The UN is concerned that the 
requirement will be applied to individuals of other 
nationalities, and could lead the UN Staff Union to charge 
that the Host Country discriminates among staffers of 
different nationalities and that UN management has acquiesced 
in such discrimination. 
 
--Requiring Younus to apply abroad creates uncertainty among 
Secretariat members, as they wonder whether they too will be 
 
SIPDIS 
asked to apply or be interviewed abroad and whether they 
might be denied re-entry to the United States. 
 
--If the visa were denied, it can be argued that the Host 
Country has unilaterally changed the status of a UN employee. 
 
--The UN asked whether the U.S. insistence on requiring 
Younus to apply abroad relates to the FBI's efforts in April 
2005 to interview him regarding an individual who had tried 
to contact him.  Younus expressed concern with the FBI's 
approach at the time, and the UN called USUN to relay its 
strong concerns.  Tarassenko did note, however, that in the 
end Younus and the UN did cooperate in that investigation, 
and Younus received at least one visa renewal from USUN since 
that time. 
 
-- Given the Secretary General's responsibility for assigning 
staff to perform UN functions, the United States' requiring a 
staff member to stop work and travel abroad to obtain a visa 
could be deemed as interference in the SG's performance his 
duties under the UN Charter to assign functions to the staff 
of the Secretariat. 
 
--If the individual were to be denied a visa abroad, the UN 
would be "in a legal crunch" and would be looking at the 
Charter and the other internationally relevant documents, 
including the arbitration provisions in Section 21 of the 
U.S.-UN headquarters Agreement.  Tarassenko further stated 
that the General Assembly might ultimately be compelled to 
ask that the matter be referred to the International Court of 
Justice for a legal opinion. 
 
USUN MinCouns indicated that USUN would report the UN's 
serious concerns to the Department, and would convey to the 
UN its response. 
 
Resolving the instant case 
-------------------------- 
 
¶6. (SBU) As Younus is expected to travel for the UN on 
mission soon, and his SAO clearance appears to be valid until 
April 11, the solution  may be for him to be interviewed at a 
U.S. visa-issuing post near New York (e.g., Montreal), and if 
eligible, be issued his G-4 visa there.  Alternatively, if he 
is soon going on UN mission near a U.S. visa-issuing post, he 
could be interviewed and issued a visa there.  USUN could 
alert the post at which he applies so that his visa interview 
appointment could be expedited. 
 
¶7. (U) Action request - USUN seeks Department's guidance in 
responding promptly to concerns raised by the UN. 
 
WOLFF