tain physical evidence, obtained in the first instance from interception and opening ("warrantless seizure") by the Federal Bureau of Investigation (FBI) of an unsealed package which Truong had entrusted for delivery across international borders to Paris, by a courier, who was also a U.S. Government agent.

The Court denied the motions in part and granted them in part. It held, on the basis of documents it examined in camera, that the primary focus had shifted on July 20, 1977, from foreign intelligence gathering to preparing a criminal prosecution; and it suppressed all evidence thereafter obtained from monitoring and bugging. In regard to the first FBI interception of physical evidence, prior to receiving a special Presidential authorization, the Court ruled that fourth amendment protections did not attach, and the expectation of privacy was unreasonable, partly because the contents of the package were destined across international borders, and partly because they were not hidden from view nor sealed, but were in a transparent plastic bookbag.

U.S. v. Humphrey and Truong, 456 F. Supp. 51 (1978).

Humphrey was released upon a $75,000 bail bond on Sept. 18, 1978, having appealed his conviction and sentence on Aug. 16, 1978 (No. 78–5177, U.S. Court of Appeals for the Fourth Circuit).

The district court, which had admitted Truong to bail prior to trial upon a $250,000 bond, revoked the bail immediately after his conviction, pursuant to 18 U.S.C. 3148, on the grounds of substantial evidence of guilt, seriousness of the crimes and length of the potential sentences, and risk of flight, in part because of the fact that Truong was not an American citizen. On July 18, 1978, Truong applied to the U.S. Supreme Court for release upon reasonable bail; on Aug. 4, 1978, Mr. Justice Brennan, acting as Circuit Justice, ordered his bail to be continued at $250,000 pending decision of his appeal by the U.S. Court of Appeals. For Justice Brennan's opinion in A-73, Truong Dinh Hung, also known as David Truong v. United States (on application for bail), see United States Law Week, Vol. 47, No. 7, Aug. 15, 1978, pp. 3067-3068.

Truong's appeal of his conviction and sentence was also filed Aug. 16, 1978 (No. 78-5176, U.S. Court of Appeals for the Fourth Circuit).

C. MEMBERSHIP AND REPRESENTATION

United Nations

Membership

The Commonwealth of Dominica, an island nation in the Eastern Caribbean, achieved independence on November 3, 1978, and applied for membership in the United Nations and the Organization of American States, on November 21 and 22, respectively. The letters of application, signed by Prime Minister Patrick R. John, contained declarations accepting the obligations of membership and solemnly undertaking to fulfill them.

Availing itself of its Provisional Rule of Procedure No. 60 (which among other things authorizes a recommendation on an application for membership to be made, in special circumstances, subsequent to expiration of certain time limits otherwise prescribed), the United Nations Security Council unanimously adopted Resolution 442 (1978), December 6, 1978, recommending to the United Nations General As

sembly that the Commonwealth of Dominica be admitted to membership in the United Nations. The General Assembly so decided by its Resolution 33/107, December 18, 1978.

Ambassador Richard W. Petree, United States Alternate Representative for Special Political Affairs, endorsed the application for membership before the Security Council on December 6, saying in part:

We have followed Dominica's progress in recent years with interest and satisfaction. We are pleased that we have been able to participate, however modestly, in its internal economic and social development. Our government, through various multilateral agencies, has provided economic assistance for Dominica's development, and we have had an active Peace Corps program on the island for a number of years. I am similarly pleased to note that among the ties that bind us is the fact that, along with the many other nationalities that make up our country, there are a number of people of Dominican origin who have contributed their talents and skills to our society.

Press Release USUN-153 (78), Dec. 6, 1978; U.N. Doc. S/PV.2105, Dec. 6, 1978, p. 26.

And, in the General Assembly, he extended the welcome of the United States, as host government, to the Commonwealth of Dominica, as the 151st member of the United Nations, adding:

My Government was pleased to send a delegation of leading Americans to Dominica's November 3 independence celebrations. We noted with appreciation_Prime Minister John's reading from our own Declaration of Independence during his inaugural address .

Press Release USUN-164 (78), Dec. 18, 1978.

The application for membership in the United Nations is at U.N. Doc. A/33/ 404-S/12942, Nov. 29, 1978; the report of the Committee on the Admission of New Members concerning the application for membership is at S/12956; the Security Council's recommendation is at S/RES/442 (1978), Dec. 6, 1978; the decision of the General Assembly is at A/RES/33/107, Feb. 5, 1979. For Provisional Rule of Procedure No. 60 of the U.N. Security Council, see Provisional Rules of Procedure of the Security Council, S/96/Rev. 6 (Jan. 1974), p. 11. The request for admission of the Commonwealth of Dominica to membership in the Organization of American States was referred on Dec. 6, 1978, by the OAS Permanent Council to its General Committee, which submitted a draft resolution for the Council, recommending to the General Assembly that it authorize the Secretary General to permit Dominica to sign the Charter and to deposit its instrument of ratification. The Permanent Council unanimously approved the resolution on Jan. 24, 1979. The application is at OAS Doc. OEA/Ser.G, CP/doc. 910/78, Nov. 30, 1978; the General Committee's report is at OAS Doc. OEA/ Ser.G, CP/Doc.925/79, rev. 1, Jan. 24, 1979; the resolution is at OAS Doc. OEA/ Ser.G, CP/Res.264 (367/79), corr. 1, Feb. 9, 1979; see, also OAS Doc. OEA/Ser.G, CP/SA.367/79(4), Jan. 24, 1979.

On September 19, 1978, the United States joined other United Nations members in unanimously approving admission of the Solomon Islands to membership in the United Nations.

U.N.G.A. Res. 33/1, U.N. Doc. A/RES/33/1, Sept. 21, 1978; S/Res/433, Aug. 17, 1978. For the proceedings before the Security Council, see S/PV.2084, Aug. 17, 1978. The Solomon Islands had achieved independence on July 7, 1978.

Observer Status

On April 5, 1978, the Permanent Council of the Organization of American States (of which the United States is a member) adopted Resolution CP/234 (CP/RES. 234 (320/78)), granting the request of the Government of Austria to accredit a Permanent Observer to the Organization of American States.

On September 13, 1978, the Permanent Council adopted Resolution CP/248 (CP/RES. 248 (340/78)), granting the request of the Government of Switzerland, June 9, 1978, to accredit a Permanent Observer to the Organization of American States.

By Resolution 334 (AG/RES. 334 (VIII-0/78)), adopted July 1, 1978, the General Assembly of the Organization of American States, at its Eighth Regular Session, held at Washington, D.C. (June 21July 1, 1978), accorded to the Holy See "by virtue of its specific nature on the international scene, the status of Permanent Observer to the Organization of American States, on an exceptional basis."

The Holy See's request for accreditation as a Permanent Observer to the Organization of American States had eventuated in an analysis of the Organization's internal constitutional law governing Permanent Observers and also of the legal status in international law of the Holy See itself. See, "Study on the Status of Permanent Observer to the Organization of American States and on the Nature and Legal Status of the Holy See in International Law" (OEA/Ser. G, CP/CG-892/78, Feb. 27, 1978), prepared by the OAS Dept. of Legal Affairs under date of Feb. 24, 1978, for consideration of the Organization's General Committee and Committee on Juridical and Political Affairs.

The OAS Committee on Juridical and Political Affairs, to whom the General Committee had referred the Study, concluded that the General Assembly should decide upon the Holy See's request for Permanent Observer status (OEA/Ser. G, CP/doc. 813/78 rev., dated May 4, 1978). The Permanent Council, by its Res. CP/RES. 239 (324/78), adopted May 3, 1978, requested inclusion of the topic on the General Assembly's draft agenda.

United States contributions to multilateral international organizations (intergovernmental bodies having three or more members), other than international financial institutions, totalled more than $769.7 mil

lion for the period October 1, 1976, through September 30, 1977. This figure represented an actual increase over the amount for the preceding U.S. governmental fiscal year (FY 1976) of $160.1 million, and a percentage increase of 26.6 percent.

The Department of State's twenty-sixth report to the Congress upon these contributions pointed out, in its introduction, that the United Nations system had made significant contributions during this period toward international peacekeeping functions, the advancement of human rights, the promotion of disarmament, and the furtherance of the "important dialogue between the rich countries and the poor," and that "enormous" benefits accrued to the United States through its participation in these programs. Excerpts from the introduction follow:

The United Nations has been of special importance in recent years in the international political arena. Since early in 1977, it has worked with U.S. leadership-to develop a U.N. plan for a peaceful settlement in Namibia; prospects for implementation in the near future appear very hopeful. U.N. peacekeeping forces have been on duty in various parts of the Middle East contributing importantly to the maintenance of an environment conducive to the delicate negotiations which have been underway. And the U.N. has worked toward a settlement in Cyprus and taken up a number of other disputes that threaten international peace and security.

The various agencies of the U.N. system have been supportive of U.S. initiatives in the field of human rights. They have also promoted a more effective dialogue between the industrialized world and the developing nations on issues which are of vital concern to all-nuclear nonproliferation, disarmament, environmental protection, elimination of contagious diseases, population growth, improvement of nutrition and food supplies, control of narcotics, weather forecasting, air safety, and many others.

The benefits which accrue to the U.S. through our participation in these programs are enormous. There are on occasion votes or developments in the U.N. system which are not in accord with U.S. systems. But in joining these organizations, the U.S. accepted that it would not be able to control all the activities undertaken by the U.N. organizations. No single nation can. Any fair evaluation of the costs and benefits arising out of U.S. participation in these programs confirms that the overwhelming balance of program results is in our country's favor and fully justifies our continued active involvement.

U.S. contributions to international organizations and programs totalled $769.7 million in fiscal year 1977. These figures include assessed contributions of $354.8 million to 62 international organizations, and voluntary contributions of $414.9 million in cash, commodities, and services to 40 international programs, respectively. Of these totals $405.3 million was for programs in support of economic

development and humanitarian assistance activities, and $34.9 million was contributed to U.N. peacekeeping operations, of which $25.3 million was assessed and $9.6 million voluntary.

Our assessed contribution to international organizations in fiscal year 1977 came to 27.01 percent of total assessments against all member states, while our voluntary contributions represented 25.48 percent of the total. On an overall basis, we contributed 26.15 percent of total contributions (both assessed and voluntary) to all the organizations and programs.

Of the total assessed contributions in FY 1977, of $329.4 million, $242.9 million, or slightly more than two-thirds of that total, helped finance the regular activities of the United Nations, its specialized agencies, and the International Atomic Energy Agency. The remainder consisted of $54.1 million for eight inter-American organizations, $25 million for seven other regional organizations, and $7.2 million for 33 miscellaneous organizations. In addition, the United States contributed $25.3 million or 29.43 percent of the assessment budget to the U.N. peacekeeping operation in the Middle East.

Of the total voluntary contributions for FY 1977, of $414.9 million, which includes $9.6 million for the U.N. peacekeeping operation in Cyprus, $405.3 million, or 25.42 percent of the total of such contributions, was contributed to 39 special programs within the U.N. system in support of economic development and humanitarian activities. The total for all voluntary contributions in FY 1977 was $414.9 million. The largest contribution for FY 1977 amounted to $100 million and was made to the U.N. Development Program (UNDP). Other major contributions, including cash, commodities, and services, amounted to $77.4 million to the U.N./FAO World Food Program and $48.7 million to the UNRWA; also, $29 million to the U.N. Fund for Population Activities and $20 million to UNICEF's regular program.

United States Contributions to International Organizations: Report to the Congress for Fiscal Year 1977, Dept. of State Pub. No. 8965. The report was transmitted by identical letters from Secretary of State Cyrus R. Vance, Feb. 3, 1979, to the Speaker of the House of Representatives and to the Vice President, as President of the Senate.

The following items of expense were excluded from the tabular presentation (but referred to, as pertinent, in the text or in footnotes):

(a) the cost to the United States Government of the salaries and expenses of American employees detailed to the secretariats of international organizations (e.g., the North Atlantic Treaty Organization, the Southeast Asia Treaty Organization, and the Organization for Economic Cooperation and Development);

(b) loans to international organizations which are to be repaid to the United States Government;

(c) commodities donated pursuant to Public Law 480, except such commodities specifically pledged as a part of a U.S. contribution;

(d) two-party contractual or other arrangements between an agency of the United States Government and an international organization for research or other services.

A table compiled from the report is set out, post, which presents the U.S. contributions to international organizations in Fiscal Year 1977 in dollar amounts and in percentages of the annual budgets of the organizations and programs covered.