A/42/915 (10 February 1988)

Forty-second session - Agenda item 136


Report of the Secretary-General

1. By its resolution 42/210 B of 17 December 1987 the General Assembly, having been apprised of action being considered in the host country, the United States of America, which might impede the maintenance of facilities of the Permanent Observer Mission of the Palestine Liberation Organization (PLO) to the United Nations in New York that enables it to discharge its official functions, requested the Secretary-General to take effective measures to ensure full respect for the Headquarters Agreement of 26 June 1947 1/ between the United Nations and the United States and to report, without delay, to the General Assembly on any further development in this matter.

2. The action of the host country considered by the General Assembly in its resolution 42/210 B was implemented with the signing into law by the President of the United States, on 22 December 1987, of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989, Title X of which, the Anti-Terrorism Act of 1987, established certain prohibitions regarding PLO, inter alia, a prohibition "to establish or maintain an office, headquarters premises or other facilities or establishments within the jurisdiction of the United States at the behest or direction of, or with funds provided by the PLO or any of its constituent groups, any successor, to any of those, or any agents thereof".

3. In anticipation of the adoption of this Act by the United States Congress the Secretary-General addressed two letters to the Permanent Representative of the United States, Ambassador Walters. In the first of these letters, dated 7 December 1987, the Secretary-General reiterated to the Permanent Representative the view previously expressed by the United Nations that the members of the PLO Observer Mission are, by virtue of General Assembly resolution 3237 (XXIX), invitees to the United Nations and that the United States is under an obligation to permit PLO personnel to enter and remain in the United States to carry out their official functions at the United Nations under the Headquarters Agreement. However, having regard to the time constraints referred to in paragraph 4 above, a stage in the negotiations between the United Nations and the United States has been reached where he must inform the General Assembly in accordance with the terms of resolution 42/210 B of 17 December 1987.

1/ Resolution 169 (II).