Obama Rules on UN Appointees

      On April 18, President Barack Obama signed Senate Resolution 2195 into law, banning appointees to the United Nations that have “engaged in espionage or terrorist activity directed against the United States or its allies.” Senator Ted Cruz (R-TX) sponsored the bill in response to reports that Iran’s potential nominee for U.N. ambassador, Hamid Aboutalebi, was a member of the Muslim Students Following the Imam’s Line — the group that seized the U.S. Embassy in Tehran on Nov. 4, 1979 and held 52 Americans hostage for 444 days. The bill actually did not mention Aboutalebi by name. The White House previously told Tehran that Aboutalebi’s nomination was “not viable” but did not specify if it would bar him from entering the United States. The following is the full text Obama’s statement and information on the bill.

 
            Today I have signed into law S. 2195, an Act concerning visa limitations for certain representatives to the United Nations.  S. 2195 amends section 407 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, to provide that no individual may be admitted to the United States as a representative to the United Nations, if that individual has been found to have been engaged in espionage or terrorist activity directed against the United States or its allies, and if that individual may pose a threat to United States national security interests.  As President Bush observed in signing the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, this provision "could constrain the exercise of my exclusive constitutional authority to receive within the United States certain foreign ambassadors to the United Nations." (Public Papers of the President, George Bush, Vol. I, 1990, page 240).  Acts of espionage and terrorism against the United States and our allies are unquestionably problems of the utmost gravity, and I share the Congress's concern that individuals who have engaged in such activity may use the cover of diplomacy to gain access to our Nation.  Nevertheless, as President Bush also observed, "curtailing by statute my constitutional discretion to receive or reject ambassadors is neither a permissible nor a practical solution."  I shall therefore continue to treat section 407, as originally enacted and as amended by S. 2195, as advisory in circumstances in which it would interfere with the exercise of this discretion.
 

 

             On April 7, the Senate unanimously passed a bill by Ted Cruz (R-TX) barring known terrorists from obtaining visas to enter the United States as representatives to the United Nations. Iranian President Hassan Rouhani’s nomination of Hamid Aboutalebi as U.N. ambassador spurred the legislation. Aboutalebi was allegedly a member of the Muslim Students Following the Imam’s Line, the group that seized the U.S. Embassy in Tehran on Nov. 4, 1979 and held 52 Americans hostage for 444 days.
            Cruz introduced the bill on April 1 and argued that it would be “unconscionable” for the United States “to host a foreign national who showed a brutal disregard for the status of our diplomats when they were stationed in his country” in the “name of international diplomatic protocol.”
           
State Department deputy spokeswoman Marie Harf called the nomination “extremely troubling” in remarks to the press on April 2. “We're taking a close look at the case now, and we've raised our serious concerns about this possible nomination with the government of Iran. But we do take our obligations as host nation for the United Nations very seriously,” she said. Representative Doug Lamborn (R-CO) has introduced companion legislation, H.R. 4357 for consideration. The House would need to approve the measure before sending it to President Obama to sign it into law. On April 8, White House Spokesperson Jay Carney said the administration shares the Senate's concerns and that the U.S. government had informed Tehran that the "potential selection is not viable." The following is a statement by Cruz and the full text of S. 2195.  

 
S. 2195
AN ACT
 
To deny admission to the United States to any representative to the United Nations who has been found to have been engaged in espionage activities or a terrorist activity against the United States and poses a threat to United States national security interests.
 
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
 
SECTION 1. VISA LIMITATION FOR CERTAIN REPRESENTATIVES TO THE UNITED NATIONS.
 
Section 407(a) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (8 U.S.C. 1102 note) is amended--
 
(1) by striking ``such individual has been found to have been engaged in espionage activities'' and inserting the following: ``such individual--
 
``(1) has been found to have been engaged in espionage activities or a terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii)))''; and
 
(2) by striking ``allies and may pose'' and inserting the following: ``allies; and ``(2) may pose''.
 
Passed the Senate April 7, 2014.