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In determining whether there is such reasonable ground, the Advisory Panel and the Secretary-General should give proper weight to national laws and legislative findings and to the findings of fact of national courts and tribunals, in addition to the evidence of the facts of each case.
99. For a finding that a staff member is likely to engage in subversive activities, something more than a remote possibility of his doing so must be shown. Of necessity, such a finding must largely be based upon the staff member's past conduct. However, convincing evidence that in the past an official had engaged in subversive activities would not necessarily lead to a finding that he was likely to be engaged in such activities either at present or in the future. Later conduct and attitudes might show there was no likelihood of his engaging in such activities again.
100. It remains to discuss the policy to be followed by the SecretaryGeneral when he receives derogatory information about a staff member. Such information may be transmitted by a government, or may come from other sources. In the latter case it may be of such slight weight or relevance that the Secretary-General should decide that no action is required; or on the other hand, it may warrant further investigation and submission to the Advisory Panel.
101. The Secretary-General should give the most serious consideration to evidence transmitted to him by the government of a Member State. Any communication from a government concerning subversive activities on the part of a staff member puts the SecretaryGeneral on inquiry, and such cases, particularly when permanent staff members are involved, should in the ordinary course be submitted to the Advisory Panel.
102. In the case of the United States, information of two kinds may be transmitted to the Secretary-General (see part I, paragraph 5, of Executive Order 10422, reproduced as annex V to the present report). A Regional Loyalty Board, or the Loyalty Review Board on appeal, will transmit its determination to the Secretary-General on whether it believes there is a reasonable doubt as to the loyalty of the person involved to the Government of the United States; such determination will be accompanied by the reasons therefor stated in such detail as security considerations permit. This information will also be made known to the individual concerned as well as to the Secretary-General, but will not be made public. Or at any stage of the investigation or Loyalty Board proceeding derogatory information may be confidentially sent to the Secretary-General to allow him to determine whether to take interim action prior to the completion of the procedures outlined in the Executive Order. Either class of information will be submitted to the Advisory Panel. in appropriate cases, and after its advice has been received the Secretary-General will decide what action should be taken.
103. Finally, some evidence, for example admissions by a staff member in the course of an official proceeding, may be sufficiently
1 Not reprinted here.
conclusive under the standard set out above to permit the SecretaryGeneral to take action immediately without any need of advice from the Panel.
(3) The Advisory Panel
104. The terms of reference of the Advisory Panel will be announced at a later stage. In preparing the terms of reference, full consideration will be given to the requirements of due process of law.
105. When the Panel has completed its consideration of a particular case, it will make recommendations to the Secretary-General. These recommendations will be of an advisory character, as the responsibility for terminating members of the staff is imposed upon the Secretary-General by the Charter and the Staff Regulations.
36. RESOLUTION 708 (VII) OF THE GENERAL ASSEMBLY, APRIL 1, 19531
The General Assembly,
Recalling the following provisions of Articles 100 and 101 of the Charter:
"1. In the performance of their duties the Secretary-General and the staff shall not seek or receive instructions from any government or from any other authority external to the Organization. They shall refrain from any action which might reflect on their position as international officials responsible only to the Organization.
"2. Each Member of the United Nations undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities.
"1. The staff shall be appointed by the Secretary-General under regulations established by the General Assembly.
"3. The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence and integrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.", and
1 General Assembly, Official Records, Seventh Session, Supplement No. 20A (A/2361/Add. 1).
2 Ellipsis in original.
Having reviewed and considered the report of the Secretary-General on personnel policy,'
1. Expresses its confidence that the Secretary-General will conduct personnel policy with these considerations in mind;
2. Requests the Secretary-General to submit to the General Assembly at its eighth session a report on the progress made in the conduct and development of personnel policy, together with the comments of the Advisory Committee on Administrative and Budgetary Questions thereon;2
3. Invites the Secretary-General and the Advisory Committee on Administrative and Budgetary Questions to submit, after appropriate consultations with the administrative heads of the specialized agencies, their recommendations as to any further action that may be required of the General Assembly;3
4. Calls upon all Members of the United Nations to assist the Secretary-General in the discharge of his responsibilities as chief administrative officer of the United Nations.
OF UNITED STATES CITIZENS EMPLOYED BY THE UNITED NATIONS: Executive Order No. 10459, June 2, 1953 +
PRESCRIBING PROCEDURES FOR MAKING AVAILABLE TO THE SECRETARYGENERAL OF THE UNITED NATIONS CERTAIN INFORMATION CONCERNING UNITED STATES CITIZENS EMPLOYED OR BEING CONSIDERED FOR EMPLOYMENT ON THE SECRETARIAT OF THE UNITED NATIONS
Whereas the United States has ratified the Charter of the United Nations and is participating in the activities of the United Nations by virtue of the ratification of the said Charter (59 Stat. 1031), and of the authority granted by the United Nations Participation Act of 1945 (59 Stat. 619); and
Whereas a Commission of Jurists has advised the SecretaryGeneral of the United Nations that he should regard it as of the first importance to refrain from employing or to dismiss from employment on the Secretariat of the United Nations any United States citizen who he has reasonable grounds for believing has been, is, or is likely to be, engaged in espionage or subversive activities against the United States; and
1 U.N. doc. A/2364, excerpts from which are printed supra.
2 The Secretary-General submitted his report Nov. 21, 1953 (U.N. doc. A/2533). The Advisory Committee's comments thereon are contained in U.N. doc. A/2555, dated Nov. 14, 1953.
The respective sets of recommendations are set forth in the two reports cited in the preceding footnote.
418 Fed. Reg. 3183. This order is an amendment and revision of Exec. Order No. 10422 of Jan. 9, 1953; 18 Fed. Reg. 239.
For the text of the opinion of the Commission of Jurists, dated Nov. 29, 1952, see Annex III to the Secretary-General's report of Jan. 30, 1953 (U. N. doc. A/2364).
Whereas the Commission of Jurists has also advised that the United States should make available to the Secretary-General information on which the Secretary-General can make his determination as to whether reasonable grounds exist for believing that a United States citizen employed or being considered for employment on the Secretariat has been, is, or is likely to be, engaged in espionage or subversive activities against the United States; and
Whereas the Commission of Jurists has further advised that the independence of the Secretary-General and his sole responsibility to the General Assembly of the United Nations for the selection and retention of staff should be recognized by all Member Nations; and
Whereas the Secretary-General has declared his intention to use the conclusions and recommendations of the opinion of the said Commission of Jurists as the basis of his personnel policy in discharging the responsibilities entrusted to him by the Charter and staff regulations of the United Nations;1 and
Whereas in the participation by the United States in the activities of the United Nations it is in the interest of the United States that United States citizens who are employees of the Secretariat of the United Nations be persons of the highest integrity and not persons who have been, are, or are likely to be, engaged in espionage or subversive activities against the United States; and
Whereas it is in the interest of the United States to establish a procedure for the acquisition of information by investigation and for its transmission to the Secretary-General in order to assist the Secretary-General in the exercise of his responsibility for determining whether any United States citizen employed or being considered for employment on the Secretariat has been, is, or is likely to be, engaged in espionage or subversive activities against the United States; and
Whereas such procedure should afford opportunity for hearing to any United States citizen employed or being considered for employment on the Secretariat as to whom an investigation discloses derogatory information, so that the person affected may challenge the accuracy of any such information;
Now, therefore, by virtue of the authority vested in me by the Constitution, statutes, and treaties of the United States, including the Charter of the United Nations, and as President of the United States, it is hereby ordered as follows:
Part I. Investigation of United States citizens employed or being considered for employment on the Secretariat of the United Nations
1. Upon the receipt by the Secretary of State from the SecretaryGeneral of the United Nations of the name and of other necessary identifying data concerning each United States citizen employed or being considered for employment by the United Nations, there shall
1 See paragraph 65 of the Secretary-General's report. The United Nations Staff Regulations referred to throughout this Executive order are those printed as the annex to the General Assembly's Res. 590 (VI), Feb. 2, 1952; General Assembly, Official Records, Sixth Session, Supplement No. 20 (A/2119), pp. 76–80.
be an investigation of such person in accordance with the standard set forth in part II of this order.
2. The Secretary of State shall forward the information received from the Secretary-General of the United Nations to the United States Civil Service Commission, and the Commission shall conduct a preliminary investigation.
3. The preliminary investigation conducted by the Civil Service Commission shall be a full background investigation conforming to the investigative standards of the Civil Service Commission, and shall include reference to the following:
(a) Federal Bureau of Investigation files.
(b) Civil Service Commission files.
(c) Military and naval intelligence files as appropriate.
(d) The files of any other appropriate government investigative or intelligence agency.
(e) The files of appropriate committees of the Congress.
(Local law-enforcement files at the place of residence and employment of the person, including municipal, county, and state law-enforcement files.
(g) Schools and colleges attended by the person.
(h) Former employers of the person. (i) References given by the person.
Any other appropriate source.
However, in the case of short-term employees whose employment does not exceed ninety days, such investigation need not include reference to sub-paragraph (f) through (j) of this paragraph.
4. Whenever information disclosed with respect to any person being investigated is derogatory, within the standard set forth in part II of this order, the United States Civil Service Commission shall forward such information to the Federal Bureau of Investigation, and the Bureau shall conduct a full field investigation of such a person. Provided that in all cases involving a United States citizen employed or being considered for employment on the internationally recruited staff of the United Nations for a period exceeding ninety days, the investigation required by this part shall be a full field investigation conducted by the Federal Bureau of Investigation.
5. Reports of full field investigations shall be forwarded through the United States Civil Service Commission to the International Organizations Employees Loyalty Board, established' by part IV of this order and hereinafter referred to as the Board. Whenever such a report contains derogatory information, under the standard set forth in part II of this order, there shall be made available to the person in question the procedures of the Board provided or authorized by part IV of this order (including the opportunity of a hearing) for inquiring into the loyalty of the person as a United States citizen in accordance with the standard set forth in part II of this order. The Board shall transmit its determinations, as advisory opinions, together with the reasons therefor stated in as much detail as the Board determines that security considerations permit, to the Secretary of