Report of the Committee on Relations with the Host Country – Letter from Tunisia

Distr.

GENERAL

A/42/939

22 March 1988

ENGLISH

ORIGINAL: ENGLISH/FRENCH

Forty-second session

Agenda item 136

REPORT OF THE COMMITTEE ON RELATIONS WITH THE HOST COUNTRY

Letter dated 22 March 1988 from the Permanent Representative of

Tunisia to the United Nations addressed to the Secretary-General

I have the honour to request that the attached letters, addressed respectively by Mr. Zehdi Terzi, Permanent Observer of the Palestine Liberation Organization, on 14 March 1988 to Mr. Edwin Meese III, Attorney General of the United States of America (annex I), and by Mr. Edwin Meese III on 21 March 1988 to Mr. Zehdi Terzi (annex II), be distributed as documents of the General Assembly, under agenda item 136 of the forty-second regular session.

(Signed) Ahmed GHEZAL

Ambassador

Permanent Representative of Tunisia

Chairman of the Group of Arab States

ANNEX I

Letter dated 14 March 1988 from the Permanent Observer of the Palestine Liberation Organization to the United Nations addressed to the Attorney General of the United States of America

14 March 1988

I am writing to acknowledge receipt of your letter hand delivered to me on 11 March 1988. I am, at the same time, forwarding copy of same to H.E. The Secretary-General of the United Nations. The attached copy of your letter indicates that you intended to include "enclosure", such enclosure" was not enclosed. We received only the original of the attached copy. You may still wish to send me the enclosure".

You are notifying me of Title X of the Foreign Relations Authorization Act of 1988-89; Pub. L. No. 100-204, enacted by the Congress of the United States and approved December 22, 1987, (the "Act"). You further wrote to notify me that the Act prohibits, among other things, "… the Palestine Liberation Organization ("PLO.) from establishing or maintaining an office within the jurisdiction of the United States." And you add, "Accordingly, as of 21 March 1988, maintaining the PLO Observer Mission to the United Nations in the United States will be unlawful.

I wish to inform you that the Palestine Liberation Organization has established and is currently maintaining its PLO Permanent Observer Mission to the United Nations in New York since 1974.

The PLO has maintained this arrangement in pursuance of the relevant resolutions of the General Assembly of the United Nations (3237 XXIX), 42/210 and 42/229, copies enclosed). The PLO Observer Mission is in no sense accredited to the United States. The United States government has made clear that PLO Observer Mission personnel are present in the United States solely in their capacity as "invitees” of the United Nations within the meaning of the Headquarters Agreement. The General Assembly was guided by the relevant principles of the United Nations Charter, (Chapter XVI, copy enclosed). I should like, at this point, to remind you that the Government of the United States has agreed to the Charter of the United Nations and to the establishment of an international organization to be known as the "United Nations". The Government of the United States, among the other founding fathers, resolved to establish the United Nations to accomplish aims, amongst which is the aim "to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained. It should become clear from the above that the United States government is obligated to respect the provisions of the Headquarters Agreement and the principles of the Charter.

In light of the above, I trust to hear from Your Excellency, informing precisely what requirements of the "Act” I should comply with.

(Signed) Zehdi Labib TERZI

Permanent Observer

ANNEX II

Letter dated 21 March 1988 from the Attorney General of the

United States of America to the Permanent Observer of the

Palestine Liberation Organization to the United Nations

This will acknowledge your letter of 14 March 1988.

I am aware of your position that requiring closure of the Palestine Liberation Organization ("PLO~) Observer Mission violates our obligations under the United Nations (.UN~) Headquarters Agreement and, thus, international law. -However, among a number of grounds in support of our action, the United States Supreme Court has held for more than a century that Congress has the authority to override treaties and, thus, international law for the purpose of domestic law. Here Congress has chosen, irrespective of international law, to ban the presence of all PLO offices in this country, including the presence of the PLO Observer Mission to the United Nations. In discharging my obligation to enforce the law, the only responsible course available to me is to respect and follow that decision.

Moreover, you should note that the Anti-Terrorism Act contains provisions in addition to the prohibition on the establishment or maintenance of an office by the PLO within the jurisdiction of the United States. In particular, I direct your attention to subsections 1003 (a) and (b), which prohibit anyone from receiving or expending any monies from the PLO or its agents to further the interests of the PLO or its agents. All provisions of the Act become applicable on 21 March 1988.

As we have previously informed you, the Department of Justice intends to take action, if necessary, in United States federal court to ensure your compliance with the requirements of the Act.

If you have any further questions concerning this matter, you may contact the Department of Justice at (202) 633-2051.

(Signed) Edwin MEESE III

Attorney General