2 Q. Why is the U.S. not seeking to arbitrate this issue pursuant to its agreements with the UN? A. The Attorney General has determined that the Act requires him to close the PLO Observer Mission irrespective of any international legal obligations of the United States. The Justice Department has indicated, however, that it will take no further action to close the Mission pending decision by the courts. the matter is pending in our courts, we do not believe that arbitration is timely or appropriate. While Q. Why wasn't an effort made to clarify Congressional intent if there was a question? A. The Department advised Congress on several occasions of our view that enactment of the Anti-Terrorism Act would be viewed as violating the international legal obligations of the United States. This view was also conveyed to individual Members and their staffs and was repeated by Department representatives at the Conference Committee. Congress was thus fully aware of the Department's position when it passed the bill. Q. Doesn't this issue seriously complicate U.S. efforts to try to urge Palestinian groups and the PLO to support U.S. diplomatic efforts? · 3 2. Several Congressmen, led by Congressman Crockett, have introduced legislation to repeal the law closing the PLO office in New York. Secretary Shultz said earlier he supported repeal. Q. Does the State Department support this particular legislation? A. In response to a request from Chairman Fascell, the Department will be forwarding an official position on this legislation to the Congress shortly. 3. Several UN legal experts have said that the move to close the UN PLO Observer Mission would be a treaty violation under the 1947 Headquarters Agreement and that it was a "watertight case." Q. Do you agree or disagree with these assertions? ... A. We have made our views on this issue clear on several occasions. In letters to Chairman Fascell and Congressman Broomfield dated November 5, 1987, for example, we stated that "The proposed legislation would effectively require closure of the PLO observer mission in New York. Such a move would break a 40-year practice regarding observer missions by nations hosting UN bodies and could legitimately be viewed as inconsistent with our responsibilities under sections 11-13 of the United Nations Headquarters Agreement. We could expect strong criticism in the UN, including from our friends. The UN could, moreover, refer the issue to the World Court, where we would probably lose and the PLO would reap a propaganda gain." 4. Has consideration been given to letting the office stay open until legal questions are resolved? A. The office remains open. The Justice Department has stated that it will take no further actions to close the office until the courts have confirmed that the Anti-Terrorism Act of 1987 requires its closure. 6 5. What is the status of the Palestine Information Office in Washington? A. Is there a court challenge on it? - Yes. In PIO v. Shultz (D.D.C., 87-3085), the PIO challenged the legality of the Department's order directing the PIO to close. In an order dated December 3, 1987, the United States District Court for the District of Columbia upheld the Secretary's order. The PIO has appealed, and the appeal is pending before for the United States Court of Appeals for the D.C. Circuit (No. 87-5398). APPENDIX 6 BIOGRAPHY OF HON. RICHARD W. MURPHY, Assistant SECRETARY OF STATE, BUREAU OF NEAR EASTERN AND SOUTH ASIAN AFFAIRS Richard W. Murphy was promoted to the rank of Career Minister in 1979. He entered the Foreign Service in 1955 and was assigned as Consular and Administrative Officer in Salisbury, Zimbabwe. He received Arabic language training at Johns Hopkins and the Foreign Service Institute from 1958 to 1960. He served as an Economic Officer in Aleppo, Syria, from 1960 to 1963. From 1963 to 1966 he was a Political Officer in Jida, Saudi Arabia, and from 1966 he served as a Political Officer in Amman, Jordan. Mr. Murphy returned to Washington in 1968 to become Assistant Executive Director for Personnel, Bureau of Near Eastern and South Asian Affairs. He served as County Director for Arabian Peninsula Affairs from 1970 to 1971. Mr. Murphy served as Ambassador to Mauritania from 1971 to the summer of 1974; to Syria from 1974 to 1978; to the Philippines from 1978 to 1981; and to Saudi Arabia since 1981. Mr. Murphy was born in Boston, Massachusetts on July 29, 1929. He received a B.A. degree from Harvard University in 1951 and an A.B. from Cambridge University in 1953. From 1953 to 1955 he served in the Army. He is fluent in Arabic and French. He is a member of the American Foreign Service Association and the Middle East Institute. Mr. Murphy was awarded the Department of State's Superior Honor Award in 1968. Mr. Murphy is married to the former Anne Cook; they have a son, Richard, and two daughters, Katherine and Elizabeth. |