PARKING, SALES TAX EXEMPTION, AIRPORT IMMIGRATION PROCEDURES ADDRESSED IN HOST COUNTRY COMMITTEE
Press Release
HQ/563
PARKING, SALES TAX EXEMPTION, AIRPORT IMMIGRATION PROCEDURES ADDRESSED IN HOST COUNTRY COMMITTEE
19960214 Suggestions for resolving problems faced by diplomats over parking, tax exemption and immigration procedures were made during this morning's meeting of the Committee on Relations with the Host Country.The representative of the Russian Federation noted that while members of his Mission had more than 100 cars, the zone for diplomatic parking near his Mission, which also served several other missions, had an allotment for only 10 cars. Moreover, paying fines for parking meters was like a local tax from which diplomats were exempt. He noted that last year the city had realized a benefit of $3.3 billion from the presence of diplomats and urged that the effort to resolve the problem be accelerated.
His concerns were echoed by other representatives. The representative of Portugal described occasions in which legally parked cars belonging to diplomats received tickets that other cars did not get and even instances of cars parked in the diplomatic parking lot being ticketed. The police should be given a course on diplomatic privileges, she said.
The representative of the United States said fines for parking meter violations were not a tax, but rather penalties for breaking the law. Diplomatic immunity did not mean that diplomats were allowed to break the law. When a ticket was illegally served, the complainant should plead not guilty and fight the ticket. If that was not possible, the authorities should be informed that a ticket should not have been issued. He suggested that a bus service or public transportation be used to resolve the problem of parking more than 100 cars.
The New York City Commissioner for the United Nations and Consular Corps, Livia S. Sylva, suggested that in the future a meeting be convened with the Police Department and diplomats. Police Commissioner William Bratton could then explain what could be done about the problem.
In a discussion of the problem of salespersons not honouring diplomatic sales tax exemption cards, the representative of the United States said that occurred at times because of lack of familiarity with the cards, and at other times because the salespeople sought to profit from the tax charge to
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diplomats. The issue would be raised in Washington, with a view to educating salespersons throughout the country about sales tax exemption cards. He invited diplomats who found that their cards were being ignored to report such incidents to the New York Office of Foreign Missions at 212-826-4500.
Speaking in response to concerns expressed regarding immigration procedures at JFK International Airport, the representative of the United States said representatives from his Mission had recently spoken to JFK officials, who had assured them that special lines would be made available for diplomats. If diplomats had problems, they should seek help from a uniformed officer of the immigration service rather than an airline employee.
Also this morning, the Committee elected Jorge Sanchez (Spain) as Chairman of its working group on indebtedness. Following his election, the representative of the United States said his country looked forward to working closely with the new Chairman, adding that the current total debt of missions was $8.5 million. He expressed the hope that a meeting of the working group would be called in the near future, at which time the United States would provide more specific information concerning the problem in New York.
At the outset of the meeting, the Chairman, Nicos Agathocleous (Cyprus), called attention to a letter dated 10 November 1995 addressed to him from the Permanent Representative of Cuba to the United Nations, which had been issued as document A/AC.154/284.
The Committee on Relations with the Host Country will meet again at a time to be announced.
Committee Work Programme
The Committee on Relations with the Host Country met this morning to discuss the responsibilities of permanent missions to the United Nations and their personnel, particularly the problem of claims of financial indebtedness and procedures to be followed to resolve such issues. It is also scheduled to address: the acceleration of immigration and customs procedures; exemption from taxes; the use of motor vehicles, parking and related matters; and other matters. In addition, the chairmanship of the working group on indebtedness will be reviewed.
Acceleration of Immigration and Customs Procedures
PAULA VENTURA DE CARVALHO ESCARAMEIA (Portugal) said infractions of established immigration and customs procedures occurred constantly to various members of the diplomatic community, herself included. The procedures in question were those in place at JFK International Airport. Although there was supposed to be a line for diplomats, they were repeatedly told to go to the general line with the rest of the incoming persons. "It seems that the procedure is always the same, we have to go to the long line and wait one hour or so." The Delta terminal in JFK had been one specific source of the problem.
ROBERT C. MOLLER (United States) thanked Portugal for bringing up the problem. The issue had long been going on. Representatives of the Committee had visited Delta, and the airline had promised that special lines would be established for diplomats. It was unacceptable for diplomats to have to wait on line for one hour. Representatives of the United States Mission had recently spoken to JFK officials, who had assured them that special lines would be made available for diplomats. If diplomats had problems, they should seek help from a uniformed officer of the immigration service, rather than an airline employee. If necessary, "G" or "A" visa holders should firmly, but diplomatically, ask to speak to the chief immigration officer at the terminal. The United States Mission would like to know if others continued to face problems of this sort.
SERGUEI KAREV (Russian Federation) said he was pleased to hear that the problems encountered by the Russian Mission in immigration at the Delta terminal were not unique to his Mission. While he had noted that some progress had been achieved at JFK, the statement by the representative of Portugal testified to the fact that problems still existed at the Delta terminal. He welcomed the steps by the host country to solve those problems.
Regarding telling diplomats how to handle the situation, he said it was difficult to inform every person arriving in New York to address the problem with a uniformed immigration officer. That was not the best way to resolve
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the problem. The representative of the United States Mission should take steps to ensure that there was a clear-cut procedure for getting "A" and "G" visa holders through immigration. Gates for those visa holders should be clearly indicated.
EMILIA CASTRO DE BARISH (Costa Rica) said she sympathized with the statement made by the representative of Portugal. Her delegation had proposed that lines be established for diplomats or, if they could not be set up, diplomats be allowed to use lines reserved for the airline crew. That method had been used in Miami, and, at times, she had been successful in using that procedure in New York. She was grateful to the host country for the measures that were being taken to resolve the problem.
The Chairman of the Committee, NICOS AGATHOCLEOUS (Cyprus), said that it was important that all Member States be informed of the procedure to be used at the airport and, in particular, at the Delta terminal.
Exemptions from Taxes
Ms. ESCARAMEIA (Portugal) said diplomats presenting sales tax exemption cards faced salespeople -- even in Manhattan -- who had not heard of the cards. Surprisingly, that occurred even in stores which could be geared towards diplomats, such as antiques stores. In states besides New York, it was useless to use the cards, because no one had heard of them. However, stores in Manhattan should be expected to have received notice of the fact that diplomats should be exempt from sales taxes.
Mr. MOLLER (United States) said it was not the first time he had heard that the sales tax exemption cards were not being honoured by stores. In some instances, store owners, such as antique dealers, simply did not want to honour the cards because that would mean that they could collect more money -- money that would never make its way to the Federal Government. The issue would be raised in Washington, with a view to educating salespersons throughout the country about sales tax exemption card. If diplomats found that their cards were being ignored, they could report the stores in question to the New York Office of Foreign Missions at (212) 826-4500.
Mr. KAREV (Russian Federation) said members of his mission had also encountered problems with the tax exemption cards. He agreed with the representative of the United States that some merchants simply did not want to honour the cards. Outside New York, people were unaware of the tax exemption cards. "I have encountered this problem myself when I went to Florida", he said. Another problem was that of taxes on telephone charges. "Personally, I sent four or five letters to NYNEX, and until I went directly to the President of NYNEX I couldn't solve the problem." Subsequently, he said, he had been
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reimbursed for the taxes he had paid, but unfortunately it had taken six months to recover his money.
Mr. MOLLER (United States) said that, in some instances, taxes were being mistaken for service charges, which diplomats did have to pay.
Transportation
Mr. KAREV (Russian Federation) said he wished to refer to "the delicate and complex problem" related to automobile parking for diplomats and the question of fines, a question his Mission had repeatedly raised. The Russian Mission had been interviewed by television channel FOX 5 and had tried to explain the difficulty of its position. The parking reserved for automobiles belonging to diplomats near the Russian Mission had an allotment for only 10 cars, although several other missions were in the area. The Russian Federation had more than 100 cars in its Mission and a number of diplomats had to spend considerable time looking for parking when they came to work
He said that was also a problem when diplomats visited other missions and local offices in Manhattan. Moreover, paying fines for parking meters was like a local tax from which diplomats were exempt. The situation had not improved, although his Mission had stressed the importance of the problem for a number of years. The effort to resolve the problem should be accelerated. He noted that last year the city had realized a benefit of $3.3 billion from the presence of diplomats.
Ms. ESCARAMEIA (Portugal) said that diplomatic cars that were legally parked received tickets that other cars did not get, and even some cars parked in the diplomatic parking lot had been ticketed. People were afraid of the police and were unwilling to confront them. She suggested that the police be given a course on what privileges were available to diplomats.
Mrs. CASTRO DE BARISH (Costa Rica) said her Mission had repeatedly had the same experience. She had once spoken to a policeman who was ticketing her car while she was legally parked, and the response she received was that he was following instructions. While diplomats did not have to pay the fines, she was upset at being ticketed while legally parked. Sometimes one had to go to the office and get documents in haste and could not legally park the car. She expressed concern that, on occasion, diplomat's cars were towed away.
Mr. MOLLER (United States) said the problem was complex, but likening fines to a tax was incorrect. Fines were issued for breaking the law, and diplomatic immunity did not allow diplomats to break the law. Violations of the law were penalized. If immunity was appropriate, it could be used in defence of the violation. When a ticket was received and it was felt to have been illegally served, the individual should plead not guilty and fight the
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ticket. While that was problem for some countries whose government felt that they should not be required to go to court, they could make the situation known to the authorities that the ticket should not have been issued.
As for the number of diplomatic parking spots, he said the city had been very responsible about issuing signs for missions. However, that had not been addressed in the area around the Russian Mission, where there were six missions. The issue of people who were not diplomats putting their cars in parking zones reserved for diplomats was yet another problem. With regard to the 100 cars that should be exempt, he said, "When in Rome, do as the Romans". For purposes of commuting, delegates could consider using a private bus service or public transportation. That issue did not seem to fall under treaty obligations and was different from the situation where the lack of parking interfered with the functioning of the mission.
He added that he had not been happy with the television coverage of the parking situation. However, he said, "in this country there is freedom of the press", and the television shows would air whatever they wanted. There had to be some give and take on the problem.
LIVIA S. SYLVA, New York City Commissioner for the United Nations and Consular Corps, said her office had received many complaints on the issue, and most were subsequently resolved. She suggested that in the future a meeting be convened with the Police Department and diplomats. Police Commissioner William Bratton could then explain what could be done about the problem. All tickets on diplomatic cars were automatically voided, so they should simply be ignored. The problems occurred mostly when lower-level diplomats drove where they wanted and did not honour New York City parking regulations. "This is not good for them and it is not good for us." She expressed confidence that a meeting with the Police Department would produce positive results.
Mrs. CASTRO DE BARISH (Costa Rica) said a meeting with the Police Department would be welcome. Virtually all of the spaces reserved for diplomats, such as those on Forty-Third Street, were being occupied by other vehicles, such as delivery trucks. That problem should be brought to the attention of the Police Department.
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