Committee on Relations

with Host Country

236^th Meeting (AM)

committee on relations with host country considers security for permanent

missions, diplomatic exemptions from gasoline tax, airport parking fees

The Committee on Relations with the Host Country met this morning to consider questions of safety and security, and exemptions from both gasoline tax and airport parking fees.

On security issues, the representative of Cuba condemned actions directed against his country’s Permanent Mission in December, and the decision by the United States to withdraw police protection during that month.  On 10 December, 22 people, several of them in military uniforms and brandishing flags of the “Alpha 66” group, had held a demonstration outside the Mission, in violation of a June 1995 note from the Permanent Mission of the United States.  If the United States Mission had authorized the event, there had been no warning.  Furthermore, a demonstrator had thrown a stone through a window of the Cuban Mission, threatening he would not leave until the police appeared.  The withdrawal of police protection was an incentive for such events.  Cuba had communicated to the United States Mission and the Department of State’s diplomatic security service that the United States was responsible for the consequences of such occurrences.

Describing past events, he said they included the 1980 assassination of a Cuban diplomat, the packing of explosives into the Cuban Mission’s external wall in 1979 and 1980, and the freedom given by the United States to terrorists who had confessed to actions against the island nation.  Cuba demanded that the United States guarantee the physical integrity of its Permanent Mission, and strictly comply with article 22 of the 1961 Convention on Diplomatic Relations.

The representative of the United States responded by recalling that there had been 25 years of “fairly good cooperation” with the Cuban Mission and a history of adequate security protection.  The United States Mission and the State Department took such complaints “very, very seriously” and the Government was committed to providing all necessary security, in accordance with federal and local law.  The State Department had engaged the City of New York on the question of re-staffing the police post in front of the Cuban Mission, and had conducted other high-level discussions.  The United States Mission did not authorize demonstrations, and, together with the City, was looking into allegations that guidelines contained in the 13-year-old note from the United States Mission might not have been completely followed on 10 December.

Regarding the stone-throwing incident, he said it was understood that the person involved, a Cuban émigré, had been arrested and charged with a felony crime.  A meeting involving New York City law enforcement, the United States Mission, and the diplomatic security service would be held at 3 p.m. tomorrow to discuss the issue and develop solutions.

The representative of Cuba said it would be beneficial for the Chairman to inform the Committee about the results of tomorrow’s meeting.

On gasoline tax refunds, the representative of Italy asked whether any developments had taken place following recent discussions.

The representative of the United States responded by saying his country was responsible for ensuring that diplomatic immunities accorded to Permanent Missions and the United Nations Secretariat were carried out.  As a decentralized entity, the United States was not always able to take rapid action.  In the present case, one state had passed a law which complicated the Federal Government’s ability to ensure an immediate gasoline tax exemption.  The schedule of the New York State legislature could not be controlled by the Federal Government, but the Host Country would take the necessary steps to ensure that guests were given their entitled exemptions.

He said the State of New York continued to recognize the exemption and the current situation reflected a change in procedure, rather than policy.  It was the “inadvertent result” of a state court decision covering the handling of tax exemptions.  The change had impacted all eligible entities, including agencies of the United States Government and non-profit organizations.  Diplomats could receive a tax refund provided they retained all credit card receipts.  The Office of Foreign Missions had information on the proper procedures.

Moreover, legislation for returning to the “status quo ante” was moving through the New York State legislature, and the director and deputy director of the Office of Foreign Missions were present in today’s meeting to answer any questions.  The situation would return to the status quo ante and the United States delegation would inform the Committee of the progress made.

He said that, as he understood the current programme, diplomats were charged for gasoline at the pump, including the tax.  It was best to pay the bill and then seek reimbursement from the relevant authority.  New York State law stipulated that diplomats, not a third party, such as a gasoline company, were responsible for requesting the exemption.

Committee Chairman Andreas D. Mavroyiannis ( Cyprus) intervened to point out that no one had questioned Missions’ privilege of receiving tax-free gasoline.  What had changed was not the right but the methodology for receiving it.  The tax would be paid and refunds would be given.

On airport parking fees, the representative of China asked whether any new developments had taken place.  The representatives of the Russian Federation and Trinidad and Tobago noted that their vehicles had recently received parking fees, as did the observers for Argentina, Ukraine and Turkey.

The representative of the United States replied that parking at the four New York-area airports was overseen by the Port Authority of New York and New Jersey, which, it was understood, had abandoned or was considering abandoning the practice of charging parking fees for diplomatic vehicles.  There was good reason to expect that the issue had already been resolved.  If not, it would, hopefully, be resolved by the next meeting and those who had encountered parking problems should call the United States Mission.

He said the Port Authority had a policy of charging diplomatic cars not carrying an ambassador or a consul general, but had not enforced it until recently.  The United States delegation assured the Committee that when it brought complaints to the Port Authority, that “gave us a little more ammunition”, as the Authority did not wish to make enemies of the diplomatic community.

The Chairman said he had discussed airport parking fees with the Host Country last week and was optimistic that it would soon be resolved.

Marjorie Tiven, New York City Commissioner for the United Nations and Consular Corps, Bradford E. Billet, New York City Deputy Commissioner, and Larry Johnson, United Nations Assistant Secretary-General for Legal Affairs, also attended today’s meeting.

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For information media • not an official record