Committee on Relations

with Host Country

238^th Meeting (AM)

diplomatic tax exemptions, customs issues discussed as host country committee

prepares for key changes in its leadership

 

With the New York City Deputy Commissioner for United Nations and Consular Affairs in attendance as an observer, the Committee on Relations with the Host Country discussed such matters as tax exemptions for diplomats and customs procedures, while also preparing for leadership changes in light of the departure of key figures vital to its work.

Committee Chairperson Andreas Mavroyiannis of Cyprus announced that he would be leaving his post to serve as Permanent Representative to the European Commission in Brussels.  Branimir Aimov (Bulgaria), who would serve as Interim Chair until the election of a successor to Mr. Mavroyiannis -- expected to be Minas Hadjimichael, also of Cyprus -- said at today’s meeting that he was well prepared to carry out the Committee’s tasks after the able guidance of his predecessor and with the help of the many actors involved in addressing the challenges faced by the Committee.

Among those expressing appreciation for the distinctive capabilities of Mr. Mavroyiannis in handling those challenges, were the representative of the United States, who said the Chairperson had been the most fair-minded one imaginable.  Having fully recognized the concerns of the Host Country, he had also been an indefatigable champion of foreign missions.  The outgoing Chairperson had gone to Washington, D.C., on their behalf to ease the problem of visa delays and the situation had improved.  He had also met with Government officials to improve travel-related situations.

Vacating a post that was central to the Committee’s work was Nicolas Michel, United Nations Legal Counsel and Under-Secretary-General for Legal Affairs, who said the Committee’s main task was contributing to the building of a culture in which law was part of the solution and not part of the problem.  The legal aspect of any question should make matters simpler rather than more complicated.  Differences in views should be addressed at an early stage, on an informal basis and with a view to resolution.  The Committee’s work was about creating the best possible climate for finding solutions.

Another post being vacated was that of Larry Johnson, former Assistant Secretary-General for Legal Affairs, who noted that the 37-year-old Committee had the difficult task of conducting its work by combining elements of law, policy, human relations and public relations.  It dealt equally with pragmatic matters and the grand principles of law.  Diplomatic stations that had no Host Country Committee to intercede ran into problems.

Finally, Donna Winton, Director of the United States Office of Foreign Missions, would be leaving her post, Mr. Mavroyiannis said, noting that her Office had been of great assistance to the Committee.

The representative of the United States expressed appreciation to the Legal Office, saying the measure of a good relationship was the degree to which mutual obligations were met.  Discussions and communications between the two parties with regard to implementing the Headquarters Agreement had led to close cooperation and a wonderful and productive few years.

The representative of the Russian Federation said he had mixed feelings about the leadership changes affecting the Committee, and expressed sadness over the imminent departures.  Many of the issues before the Committee brought out many different points of view.  The Committee was one of the most complex in the Organization in that it had to resolve not only practical problems but also legal ones.

China’s representative acknowledged the dual role of those who were leaving, noting that, as senior-level members of the Organization, they held very political positions but were also the highest-level professionals in their legal capacity.

Also paying tribute to those departing, Cuba’s representative said it was unfortunate that an unpleasant situation had to be taken up after all the accolades.

She said a case of rum shipped from her country to the Permanent Mission of Cuba for use in official protocol and diplomatic functions had been denied entry, the first such denial of an official transaction.  It was an example of the host country’s new policy to deny diplomatic rights to some countries in violation of international agreements, which did not allow interference in the work of diplomatic missions.  The host country should reconsider its position with the greatest urgency.  Regardless of its bilateral stance with regard to Cuba, it must insure that Cuba was able to carry out its important role in the United Nations.

In response, the representative of the United States said customs clearance issues were the responsibility of the United States Office of Foreign Missions.  Conversations with that Office had revealed a particular problem with the shipment in question.  Cuba had been offered the option of re-exporting the shipment rather than have it become subject to the seizure that would be the normal course in other similar situations.

Cuba’s representative said she had spoken with that Office but the shipment had not been released.  Re-export was not an option since the shipment was an essential requirement for the conduct of official functions.  The upcoming General Assembly session would present occasions for receptions that could not be carried out without receipt of the shipment.

The representative of the United States said his Mission would meet with the Cuban Mission for further discussion of the legal aspects of the situation.

Also with regard to implementation of the Headquarters Agreement between the United Nations and the United States, Iran’s representative said a delegate from his country had been denied a visa to attend the recent meetings of the United Nations Commission on International Trade Law (UNCITRAL), held at Headquarters from 16 June to 3 July.  Undue delays and late visas were a violation of the Headquarters Agreement and of General Assembly resolutions.

The representative of the United States said he regretted that the visa for the Iranian delegate to the UNCITRAL meeting had not been processed on time.  An investigation into the matter had been requested.  Meanwhile, the visa process for Iran’s delegation to the forthcoming General Assembly session had already been set in motion.

Turning to other matters, India’s representative brought up the matter of New York City wishing to claim property taxes on diplomatic missions.  India had filed an appeal with the Appeals Court and the city should reconsider its position.  The Headquarters Agreement should make clear that the imposition of such a tax was a violation of international law.  India reserved the right to have the Committee reconvene on an emergency basis, if necessary, to deal with the matter.

The representative of the United States said the matter was complicated because property tax exemptions had traditionally been applied on the basis of informal understandings.  The Headquarters Agreement was out of date, having been written at a time when diplomats were envisioned to be annual visitors to New York rather than permanent residents.  Tax exemptions in terms of the Geneva Conventions were understood to apply to diplomats based in national capitals, such as those in Washington, D.C.

The situations could be worked out in bilateral discussions, as was being done with a number of other missions, he continued.  At any rate, the Department of State had been informed and was giving the question due attention at the highest level.  It was not as easily resolved diplomatically as it would seem to be on the surface.  If it became necessary to hold a special session of the Committee, the United States would attend.

India’s representative said it was most reassuring that the matter was receiving attention at the highest level.  Hopefully a bilateral solution would be found.

Committee members then discussed the question of boarding passes requiring the holders to undergo additional security screening.  It was pointed out that diplomats with such passes should ask for a supervisor, who could speed up the boarding process.

However, Iran’s representative, while describing that procedure as humiliating to diplomats, thanked the United States delegate for addressing his visa issue and for taking care of a parking permit matter at Kennedy Airport.

Syria’s representative expressed concern about the treatment accorded delegations from some countries, stressing that all nationalities must be treated equally.

In reply, the representative of the United States said a procedure to ease the passage of diplomats was being applied across the country and a note to that affect had been sent out to delegations.  In the meantime, the United States delegation would be open to, but not happy about, hearing more such incidents.

He said it would be useful for delegates to be aware that the “supervisors” involved in additional security screening worked for the Transportation Security Administration, not the airlines.  If a misunderstanding was foreseeable and a national capital was able to provide the United States Mission with accurate information about the time of a diplomat’s arrival, arrangements could be made to ease the process.  The Mission should be contacted as soon as possible after the occurrence of any such situation.

Finally, China’s representative brought up the fact that the gasoline tax exemption for diplomats had not been resolved.  Also, driving licences issued to professional diplomatic drivers were no longer the same as those for diplomats.  The process for issuing them become more complicated and prolonged, preventing the professional driving diplomatic staff from performing their functions.  Language communication problems also presented obstacles.  Why had the procedure changed?

The representative of the United States noted that the meeting’s focus seemed to belong on the agenda of the Office of Foreign Missions.  Regarding the gas tax, legislation had been submitted to the New York State Assembly, which would address the situation through an amendment.  Attention was being paid to ensure the language was clear.

He emphasized that the diplomatic exemption to the gasoline tax had not been revoked, but simply “switched” to a reimbursement system.  While that was not as convenient as an exemption, reimbursement was the system applied nearly universally.  It did not violate international obligations.  Unfortunately, however, the United States Mission was not in charge of the New York State calendar, and because the Governor had not signed the amendment before 1 June, the amendment would not go into effect before September.  The Office of Foreign Missions would provide guidance on reimbursement procedures if they were leaving the country.

On the issuance of drivers’ licences, he advised China’s representative to send a note or letter to the Office of Foreign Missions at its regional centre in New York.  The Russian Federation and Poland had already done so and it was the best way forward.

The Committee will meet again at a date and time to be announced.

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