Public Law 80-903

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Public Law 80-903
Loan Agreement between the United States of America and the United Nations
by the 80th Congress of the United States

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4181651Loan Agreement between the United States of America and the United Nations — 1948the 80th Congress of the United States
80TH UNITED STATES CONGRESS
1ST SESSION

Joint Resolution
To authorize the President, following appropriation of the necessary funds by the Congress, to bring into effect on the part of the United States the loan agreement of the United States of America and the United Nations signed at Lake Success, New York, March 23, 1948.


August 11, 1948
[S. J. Res. 212]
[Public Law 903]

Chap. 834.—JOINT RESOLUTION

To authorize the President, following appropriation of the necessary funds by the Congress, to bring into effect on the part of the United States the loan agreement of the United States of America and the United Nations signed at Lake Success, New York, March 23, 1948.

United Nations.Whereas the Congress of the United States, in H. Con. Res. 75, passed unanimously by the House of Representatives December 10, 1945, 59 Stat. 848. and agreed to unanimously by the Senate December 11, 1945, invited the United Nations "to locate the seat of the United Nations Organizations within the United States"; and

Whereas the General Assembly on December 14, 1946, resolved "that the permanent headquarters of the United Nations shall be established in New York City in the area bounded by First Avenue, East Forty-eighth Street, the East River, and East Forty-second Street"; and

Whereas, pursuant to authorization of the Congress in Public Law 357 of the Eightieth Congress,61 Stat. 756. the "Agreement Between the United Nations and the United States of America Regarding the Headquarters of the United Nations" was brought into effect November 21, 1947, defining the rights and obligations of the United States and the United Nations with respect to the above-mentioned site; and

Whereas plans have been prepared for construction on said site of permanent headquarters of the United Nations to cost not more than $65,000,000, and the United Nations is ready to proceed with such construction as soon as financing can be provided; and

Whereas the present temporary headquarters of the United Nations are inadequate for the efficient functioning of the Organization and retention of its headquarters in the United States can be assured only by the erection of adequate permanent facilities; and

Whereas owing to the current critical dollar shortage, the other member nations are not able to provide in cash at present their respective shares of the cost of constructing the permanent headquarters: other methods of borrowing the necessary funds have been found impracticable; and the permanent establishment of the headquarters of the United Nations in this country will result directly and indirectly in substantial economic benefits to the United States from the expenditures of the Organization and its member nations; and

Whereas in view of the foregoing considerations, the United States representative at the seat of the United Nations, in response to an inquiry of the Secretary-General of the United Nations regarding the possibility of a United States Government loan, informed the Secretary-General, with the authorization of the President, by note dated October 29, 1947, that the President would recommend to the Congress the authorization of a loan from the United States to the United Nations for the construction of the headquarters in an amount not exceeding $65,000,000; and

Whereas the General Assembly of the United Nations, by resolution of November 20, 1947, authorized the Secretary-General to negotiate such a loan with the appropriate officials of the United States Government, expressly recognizing that such loan would require the approval of the Congress; and

Whereas the United States Representative to the United Nations has negotiated and signed, on behalf of the United States an agreement with the United Nations in the form set forth below, providing for an interest-free loan of not more than $65,000,000 from the United States to the United Nations to be repaid in annual installments, and said agreement is, by its terms, to become effective on notification to the United Nations that the Congress, with the approval of the President, has made available the funds necessary to be advanced in accordance with the provisions of the agreement:

Therefore be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,Loan agreement. That the President is hereby authorized, following appropriation of the necessary funds by the Congress, or the making available of funds as provided in section 4 (b)Post, p. 1289. hereof to bring into effect on the part of the United States the loan agreement, set forth below, between the United States of America and the United Nations, signed at Lake Success, New York, on March 23, 1948, with such changes therein not contrary to the general tenor thereof and not imposing any additional obligations on the United States or relieving the United Nations of any obligations, as the President may deem necessary and appropriate:

LOAN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED NATIONS

It is hereby agreed by the Government of the United States of America and the United Nations as follows:

(1) Subject to the terms and conditions of this Agreement, the Government of the United States will lend to the United Nations a sum not to exceed in the aggregate $65,000,000. Such sum shall be expended only as authorized by the United Nations for the construction and furnishing of the permanent headquarters of the United Nations in its headquarters district in The City of New York, as defined in the Agreement Between the United States of America and the United Nations Regarding the Headquarters of the United Nations, signed at Lake Success, New York, on June 26, 1947,61 Stat. 758. including the necessary architectural and engineering work, landscaping, underground construction and other appropriate improvements to the land and approaches, and for other related purposes and expenses incident thereto.

Advance of funds.(2) Such sum, or parts thereof, will be advanced by the United States through the Secretary of State, to the United Nations upon request of the Secretary-General or other duly authorized officer of the United Nations and upon the certification of the architect or engineer in charge of construction, countersigned by the Secretary-General or other duly authorized officer, that the amount requested is required to cover payments for the purposes set forth in paragraph (1) above which either (a) have been at any time made by the United Nations, or (b) are due and payable, or (c) it is estimated will become due and payable within sixty days from the date of such request. All sums not used by the United Nations for the purposes set forth in paragraph (1) will be returned to the United States through the Secretary of State when no longer required for said purposes. No amounts will be advanced hereunder after July 1, 1951, or such later date, not after July 1, 1955, as may be agreed to by the Secretary of State.

(3) All sums advanced hereunder will be receipted for on behalf of the United Nations by the Secretary-General or other duly authorized officer of the United Nations.

Repayments without interest.(4) The United Nations will repay, without interest, to the United States the principal amount of all sums advanced hereunder, in annual payments beginning on July 1, 1951, and on the dates and in the amounts indicated, until the entire amount advanced under this agreement has been repaid as follows:

Date Amount Date Amount
July 1, 1951 $1,000,000 July 1, 1967 $2,500,000
July 1, 1952 1,000,000 July 1, 1968 2,500,000
July 1, 1953 1,500,000 July 1, 1969 2,500,000
July 1, 1954 1,500,000 July 1, 1970 2,500,000
July 1, 1955 2,000,000 July 1, 1971 2,500,000
July 1, 1956 2,000,000 July 1, 1972 2,500,000
July 1, 1957 2,000,000 July 1, 1973 2,500,000
July 1, 1958 2,000,000 July 1, 1974 2,500,000
July 1, 1959 2,000,000 July 1, 1975 2,500,000
July 1, 1960 2,500,000 July 1, 1976 1,500,000
July 1, 1961 2,500,000 July 1, 1977 1,500,000
July 1, 1962 2,500,000 July 1, 1978 1,500,000
July 1, 1963 2,500,000 July 1, 1979 1,500,000
July 1, 1964 2,500,000 July 1, 1980 1,500,000
July 1, 1965 2,500,000 July 1, 1981 1,500,000
July 1, 1966 2,500,000 July 1, 1982 1,000,000

However, in the event the United Nations does not request the entire sum of $65,000,000 available to it under this Agreement, the amount to be repaid under this paragraph will not exceed the aggregate amount advanced by the United States. All amounts payable to the United States under this paragraph will be paid, out of the ordinary budget of the United Nations, to the Secretary of State of the United States in currency of the United States which is legal tender for public debts on the date such payments are made. All sums repaid to the United States will be receipted for on behalf of the United States by the Secretary of State.

(5) The United Nations may at any time make repayments to the United States of funds advanced hereunder in excess of the annual installments as provided in paragraph (4) hereof.Supra.

(6) The United Nations agrees that, in order to give full effect to Section 22 (a) of the Agreement61 Stat. 764 regarding the Headquarters of the United Nations referred to in paragraph (1) above (under which the United Nations shall not dispose of all or any part of the land owned Disposal of land. by it in the headquarters district without the consent of the United States), it will not, without the consent of the United States, while Mortgage against real property any of the indebtedness incurred hereunder is outstanding and unpaid create any mortgage, lien or other encumbrance on or against any of its real property in the headquarters district as defined in said Agreement. The United Nations also agrees that the United States, as a condition to giving its consent to any such disposition or encumbrance, may require the simultaneous repayment of the balance of all installments remaining unpaid hereunder.

Effective date of Agreement.(7) The effective date of this Agreement shall be the date on which the Government of the United States notifies the United Nations that the Congress of the United States, with the approval of the President, has made available the funds necessary to be advanced in accordance with the provisions of this Agreement.

In Witness Whereof, the Government of the United States of America, acting by and through the United States Representative to the United Nations, and the United Nations, acting by and through the Secretary-General, have respectively caused this Agreement to be duly signed in duplicate at Lake Success, New York, on this 23rd day of March, 1948.

For the Government of the United States of America:

Warren R. Austin,
United States Representative to the United Nations

For the United Nations:

Trygve Lie,
Secretary-General


Disbursement of funds; time limitation.SEC. 2. Sums advanced to the United Nations in accordance with the provisions of paragraph (2) of the aforesaid loan agreementAnte, p. 1287. shall be disbursed by the United Nations for the purposes for which such sums were advanced within ninety days after their receipt from the United States. Any funds not so disbursed within that period shall be returned to the United States through the Secretary of State within thirty days thereafter.

Authority over headquarters district.SEC. 3 . So long as the headquarters district is used as the seat of the United Nations, nothing in this resolution shall be deemed to limit the control and authority of the United Nations over such district as exercised pursuant to Public Law 357, Eightieth Congress:61 Stat. 758. Provided,however, That in the event such district is,Priority rights of U. S. for whatever reason, no longer used as the seat of the United Nations, the United States shall, in addition to any rights it enjoys under paragraph (6) of the aforesaid loan agreement and section 22 of the Headquarters Agreement (Public Law 357, Eightieth Congress),61 Stat. 764 be entitled to recover from the land and buildings in the headquarters district, in advance of all other creditors of the United Nations, any indebtedness incurred under the loan agreement which is then outstanding and unpaid.

Appropriations authorized.SEC. 4. (a) There is hereby authorized to be appropriated to the Department of State, out of any money in the Treasury not otherwise appropriated, the sum of $65,000,000 to accomplish the purposes of this joint resolution. Amounts received in repayment of such loan shall be deposited and covered into the Treasury of the United States as miscellaneous receipts.

Advances by RFC.(b) Notwithstanding the provisions of any other law, the Reconstruction Finance Corporation is authorized and directed until such time as an appropriation shall be made pursuant to subsection (a) of this section to make advances not to exceed in the aggregate $25,000,000 to carry out the provisions of this joint resolution and of the loan agreement referred to in section 1Ante, p. 1287. in such manner, and in such amounts, as the President shall determine, and no interest shall be charged on advances made by the Treasury to the Reconstruction Finance Corporation for this purpose. The Reconstruction Finance Corporation shall be repaid without interest, for advances made by it hereunder from funds made available for the purposes of this joint resolution and of the loan agreement set forth in section 1.

Approved August 11, 1948.


This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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