----- Original Message -----

From: Campbell Rebecca

To:

Cc: 911 Visibility Project

Sent: Tuesday, December 22, 2009 2:36 PM

Subject: Another Obamanomaly: Obama Reverses Interpol's Legal Immunity

 

The White House

Office of the Press Secretary

For Immediate Release

December 17, 2009

Executive Order -- Amending Executive Order 12425

EXECUTIVE ORDER

- - - - - - -

AMENDING EXECUTIVE ORDER 12425 DESIGNATING INTERPOL

AS A PUBLIC INTERNATIONAL ORGANIZATION ENTITLED TO

ENJOY CERTAIN PRIVILEGES, EXEMPTIONS, AND IMMUNITIES

 

By the authority vested in me as President by the Constitution and the

laws of the United States of America, including section 1 of the

International Organizations Immunities Act (22 U.S.C. 288), and in order

to extend the appropriate privileges, exemptions, and immunities to the

International Criminal Police Organization (INTERPOL), it is hereby

ordered that Executive Order 12425 of June 16, 1983, as amended, is

further amended by deleting from the first sentence the words "except

those provided by Section 2(c), Section 3, Section 4, Section 5, and

Section 6 of that Act" and the semicolon that immediately precedes them.

BARACK OBAMA

THE WHITE HOUSE,

December 16, 2009.

[link to www.whitehouse. gov <http://www.whitehou se.gov/> ]

Original which he Amended, from Reagan Administration

Executive Order 12425 of June 16, 1983

International Criminal Police Organizations

By virtue of the authority vested in me as President by the Constitution

and statutes of the United States, including Section 1 of the

International Organizations Immunities Act (59 Stat. 669, 22 U.S.C.

288), it is hereby ordered that the International Criminal Police

Organization (INTERPOL), in which the United States participates

pursuant to 22 U.S.C. 263a, is hereby designated as a public

international organization entitled to enjoy the privileges, exemptions

and immunities conferred by the International Organizations Immunities

Act; except those provided by Section 2(c), the portions of Section 2(d)

and Section 3 relating to customs duties and federal internal-revenue

importation taxes, Section 4, Section 5, and Section 6 of that Act. This

designation is not intended to abridge in any respect the privileges,

exemptions or immunities which such organization may have acquired or

may acquire by international agreement or by Congressional action.

http://en.wikisourc e.org/wiki/ Executive_ Order_12425

<http://en.wikisourc e.org/wiki/ Executive_ Order_12425>

READ THE INTERNATIONAL ORGANIZATIONS IMMUNITIES ACT CAREFULLY!!! !

OBAMA REVERSED "except those provided by Section 2(c), Section 3,

Section 4, Section 5, and Section 6 of that Act"

Page 1

Annex 9 The United States International Organizations Immunities Act

Page 2

UNITED STATES INTERNATIONAL ORGANIZATIONS IMMUNITIES ACT Sida 1 av 5

[NOT AN OFFICIAL TEXT] UNITED STATES INTERNATIONAL ORGANIZATIONS

IMMUNITIES ACT,PUBLIC LAW 79-291, 29 DECEMBER 1945 (Public Law 291-79th

Congress) AN ACT To extend certain privileges, exemptions, and

immunities to international organizations and to the officers and

employees thereof, and for other purposes. Be it enacted by the Senate

and House of Representatives of the United States of America in Congress

assembled, TITLE I Section 1.

For the purposes of this title, the term "international organization"

means apublic international organization in which the United States

participates pursuant to anytreaty or under the authority of any Act of

Congress authorizing such participation or makingan appropriation for

such participation, and which shall have been designated by the

President through appropriate Executive Order as being entitled to enjoy

the privileges, exemptions, and immunities herein provided.

President shall be authorized, m the light of the functions performed by

any such international organization, by appropriate Executive orderto

withhold or withdraw from any such organization or its officers or

employees any of the privileges, exemptions, and immunities provided for

in this title (including the amendments made by this title) or to

condition or limit the enjoyment by any such organization or its

officers or employees of any such privilege, exemption, or immunity.

The President shall be authorized, in his Judgment such action should be

Justified by reason of the abuse by aninternational organization or its

officers and employees of the privileges, exemptions, andimmunities

herein provided or for any other reason, at any time to revoke the

designation ofany international organization under this section,

whereupon the international organization mquestion shall cease to be

classed as an international organization for the purposes of this title.

Section 2. International organizations shall enjoy the status,

immunities, exemptions, and privileges set forth in this section, as

follows: (a) International organizations shall, to the extent consistent

with the instrument creating them, possess the capacity - (i) to

contract; (ii) to acquire and dispose of real and personal property;

(iii) to institute legal proceedings. (b) International organizations,

their property and their assets, wherever located and by whomsoever

held, shall enjoy the same immunity from suit and every form of Judicial

process as is enjoyed by foreign governments, except to the extent that

such organizations may expressly waive their immunity for the purpose of

any proceedings or by the terms ot http://www.un. int/usa/host

<http://www.un. int/usa/host> io.htm

 

Page 3

LINITED STATES INTERNATIONAL ORGANIZATIONS IMMUNITIES ACT Sida 2 av 5

any contract. (c) Property and assets of international organizations,

wherever located and by whomsoever held, shall be immune from search,

unless such immunity be expressly waived, and from confiscation. The

archives of international organizations shall be inviolable. (d) In so

far as concerns customs duties and internal-revenue taxes imposed upon

or by reason of importation, and the procedures in connexion therewith;

the registration of foreign agents; and the treatment of official

communications, the privileges, exemptions, and immunities to which

international organizations shall be entitled shall be those accorded

under similar circumstances to foreign governments.

Section 3. Pursuant to regulations prescribed by the Commissioner of

Customs with the approval of the Secretary of the Treasury, the baggage

and effects of alien officers and employees of international

organizations, or of aliens designated by foreign governments to serve

as their representatives in or to such organizations, or of the

families, suites, and servants of such officers, employees, or

representatives shall be admitted (when imported in connexion with the

arrival of the owner) free of customs duties and free of

internal-revenue taxes imposed upon or by reason of importation.

Section 4. The Internal Revenue Code is hereby amended as follows: (a)

Effective with respect to taxable years beginning after December 31,

1943, section116 (c), relating to the exclusion from gross income of

income of foreign governments, is amended to read as follows: "(c)

Income of Foreign Governments and of International Organizations. The

income of foreign governments or international organizations received

from investments in theUnited States in stocks, bonds, or other domestic

securities owned by such foreign governments or by international

organizations, or from interest on deposits in banks in the United

States of moneys belonging to such foreign governments or

internationalorgani zations, or from any other source within the United

States.

(b) Effective with respect to taxable years beginning after December 31,

1943, section116 (h) (1), relating to the exclusion from gross income of

amounts paid employees of foreign governments, is amended to read as

follows: "( 1 ) Rule for Exclusion. - Wages, fees, or salary of any

employee of a foreign government or of an international organization or

of the Commonwealth of the Philippines (including a consular or other

officer, or a non-diplomatic representative) , received as compensation

for official services to such government, international organization, or

such Commonwealth - "

(A) If such employee is not a citizen of the United States, or is a

citizen of the Commonwealth of the Philippines (whether or not a citizen

of the United States); and "(B) If, in the case of an employee of a

foreign government or of the Commonwealthof the Philippines, the

services are of a character similar to those performed by employees of

the Government of the United States in foreign countries or in the

Commonwealth of the Philippines, as the case may be; and "(C) If, in the

case of an employee of a foreign government or the Commonwealth of the

Philippines, the foreign government or the Commonwealth grants an

equivalent exemption to employees of the Government of the United States

performing similar services http://www.un. int/usa/host

<http://www.un. int/usa/host> io.htm 2006-02-15

Page 4

UNITED STATES INTERNATIONAL ORGANIZATIONS IMMUNITIES ACT Sida 3 av 5 in

such foreign country or such; Commonwealth, as the case may be." (c)

Effective January 1, 1946, section 1426 (b), defining the term

"employment" for the purposes of the Federal Insurance Contributions

Act, is amended (1) by striking out the word"or" at the end of paragraph

(14), (2) by striking out the period at the end of paragraph (15) and

inserting in lieu thereof a semicolon and the word "or", and (3) by

inserting at the end of the subsection the following new paragraph:

"(16) Service performed in the employ of an international organization. "

(d) Effective January 1, 1946, section 1607 (c), defining the term

"employment" for the purposes of the Federal Unemployment Tax Act, is

amended (1) by striking out the word"or" at the end of paragraph (14),

(2) by striking out the period at the end of paragraph (15) and

inserting in lieu thereof a semicolon and the word "or", and (3) by

inserting at the end ofthe subsection the for owing new paragraph: "(16)

Service performed in the employ of an international organization. "

(e) Section 1621 (a) (5), relating to the definition of "wages" for the

purpose of collection of income tax at the source, is amended by

inserting after the words, "foreigngovernment" the words "or an

international organization" . (f) Section 3466 (a), relating to exemption

from communications taxes is amended by inserting immediately after the

words "the District of Columbia" a comma and the words "oran

international organization" . (g) Section 3469 (f) (1), relating to

exemption from the tax on transportation ofpersons, is amended by

inserting immediately after the words "the District of Columbia" a comma

and the words "or an international organization" .

(h) Section 3475 (b) (1), relating to exemption from the tax on

transportation of ^property, is amended by inserting immediately after

the words "the District of Columbia" a comma and the words "or an

international organization" . (i) Section 3797 (a), relating to

definitions, is amended by adding at the end thereof a new paragraph as

follows: (18) International Organization. - The term 'international

organization' means a public international organization entitled to

enjoy privileges, exemptions, and immunities as an international

organization under the International Organizations Immunities Act."

Section 5. (a) Effective January 1, 1946, section 209 (b) of the Social

Security Act, defining the term "employment" for the purposes of title

II of the Acts is amended (1) by striking out the word "or" at the end

of paragraph (14), (2) by striking out the period at the end of

paragraph (15) and inserting in lieu thereof a semicolon and the word

"or", and (3) byinserting at the end of the subsection the following new

paragraph: "(16) Service performed in the employ of an international

organization entitled to enjoy privileges, exemptions, and immunities as

an international organization under the International Organizations

Immunities Act." (b) No tax shall be collected under title VIII or IX of

the Social Security Act or under the Federal Insurance Contributions Act

or the Federal Unemployment Tax Act, with respectto services rendered

prior to January 1, 1946, which are described in paragraph (16)

of http://www. un.int/usa/ hostJo.htm <http://www.un. int/usa/hostJo. htm

2006-02-15

Page 5

UNITED STATES INTERNATIONAL ORGANIZATIONS IMMUNITIES ACT Sida 4 av 5

sections 1426 (b) and 1607 (c) of the Internal Revenue Code, as amended,

and any such tax heretofore collected (including penalty and interest

with respect thereto, if any) shall be refunded in accordance with the

provisions of law applicable in the case of erroneous or illegal

collection of the tax. No interest shall be allowed or paid on the

amount of any such refund. No payment shall be made under title II of

the Social Security Act with respect to services rendered prior to

January 1, 1946, which are described in paragraph (16) of section 209

(b) of such Act, as amended.

Section 6. International organizations shall be exempt from all property

taxes imposed by, or under the authority of any Act of Congress,

including such Acts as are applicable solely to the District of Columbia

or the Territories.

Section 7. (a) Persons designated by foreign governments to serve as

their representatives in or to international organizations and the

officers and employees of such organizations, and members of the

immediate families of such representatives, officers, and employees

residing with them, other than nationals of the United States, shall, in

so far as concerns laws regulating entry into and departure from the

United States, alien registration and fingerprinting, and the

registration of foreign agents be entitled to the same privileges,

exemptions and immunities as are accorded under similar circumstances to

officers and employees, respectively, of foreign governments, and

members of their families.

(b) Representatives of foreign governments in or to international

organizations and officers and employees of such organizations shall be

immune from suit and legal process relating to acts performed by them in

their official capacity and falling within their functions as such

representatives, officers, or employees except in so far as such

immunity may be waived by the foreign government or international

organization concerned.

(c) Section 3 of the Immigration Act approved May 26, 1924, as amended

(U.S.C., title8, sec. 203), is hereby amended by striking out the period

at the end thereof and inserting inlieu thereof a comma and the

following: "and (7) a representative of a foreign government in or to an

international organization entitled to enjoy privileges, exemptions, and

immunities as an international organization under the International

Organizations Immunities Act, or an alien officer or employee of such an

international organization, and the family, attendants, servants, and

employees of such a representative, officer, or employee".

(d) Section 15 of the Immigration Act approved May 26,1924, as amended

(U.S.C.,title 8, sec. 215), is hereby amended to read as follows:

"Section 15. The admission to the United States of an alien excepted

from the class of immigrants by clause (1), (2), (3), (4), (5), (6), or

(7) of section 37 or declared to be an on quota immigrant by subdivision

(e) Of section 4, shall be for such time and under suchconditions as may

be by regulations prescribed (including, when deemed necessary for the

classes mentioned in clause (2), (3), (4), or (6) of section 3 and

subdivision (e) of section 4, the giving of bond with sufficient surety,

in such sum and containing such conditions as maybe by regulations

prescribed) to insure that, at the expiration of such time or upon

failure to maintain the status under which admitted, he will depart from

the United States: Provided, That no alien who has been, or who may

hereafter be, admitted into the United States underclause (1) or (7) of

section 3, as an official of a foreign government, or as a member of the

family of such official, or as a representative of a foreign government

in or to an internationalorgani zation or an officer or employee of an

international organization, or as a member of the family of such

representative, officer, or employee, shall be required to depart from

the United States without the approval of the Secretary of State."

Section 8. (a) No person shall be entitled to the benefits of this title

unless he (1) shallhttp:// www.un.int/ usa/host io.htm 2006-02-15

Page 6

UNITED STATES INTERNATIONAL ORGANIZATIONS IMMUNITIES ACT Sida 5 av 5

have been duly notified to and accepted by the Secretary of State as a

representative, officer, or employee; or (2) shall have been designated

by the Secretary of State, prior to formal notification and acceptance,

as a prospective representative, officer, or employee; or (3) is a

member of the family or suite, or servant, of one of the foregoing

accepted or designated representatives, officers, or employees. (b)

Should the Secretary of State determine that the continued presence in

the United States of any person entitled to the benefits of this title

is not desirable7 he shall so inform the foreign government or

international organization concerned, as the case may be, and after such

person shall have had a reasonable length of time, to be determined by

the Secretary of State, to depart from the United States, he shall cease

to be entitled to such benefits. (c) No person shall, by reason of the

provisions of this title, be considered as receiving diplomatic status

or as receiving any of the privileges incident thereto other than such

as are specifically set forth herein.

Section 9. The privileges, exemptions, and immunities of international

organizationsand f their officers and employees, and members of their

families, suites, and servants, provided for in this title, shall be

granted notwithstanding the fact that the similar privileges,

exemptions, and immunities granted to a foreign government, its

officers, or employees, maybe conditioned upon the existence of

reciprocity by that foreign government: Provided, That nothing contained

in this title shall be construed as precluding the Secretary of State

fromwithdrawing the privileges? exemptions, and immunities herein

provided from persons who are nationals of any foreign country on the

ground that such country is failing to accord corresponding privileges,

exemptions, and immunities to citizens of the United States.

Section 10. This title may be cited as the "International Organizations

Immunities Act." Approved December 29, 1945