International Organizations Immunities Act
Encyclopedia
The International Organizations Immunities Act is a United States
federal law since 1945. It "established a special group of foreign or international organizations whose members could work in the U.S. and enjoy certain exemptions from US taxes and search and seizure laws". These advantages are usually given to diplomatic bodies.
passed the International Organization Immunities Act on December 29, 1945; the Act can be found under Title 22, chapter 7, sub-chapter XVIII. The International Organization Immunities Act entitles international organizations and their employees to certain exemptions, immunities, and privileges that other organizations and their employees are not granted. In addition, the entitled benefits organizations and their employees receive are similar to the benefits that foreign governments are granted. For example, international organizations and employees of the organizations are exempted from certain taxes. In addition, property and assets belonging to international organizations or their employees cannot be searched or confiscated. A lawsuit or any other type of legal action cannot be brought upon these organizations or their employees. The privileges, exemptions, and immunities that the employees and officers receive are extended to their immediate family members as well.
The International Organization Immunities Act was passed to strengthen the international organizations that the U.S. collaborates with, including those that are located in foreign countries. The Senate Committee believed that passing this Act would allow international organizations to perform more effectively and accomplish their goals. The Food and Agriculture Organization
, the International Labor Organization, and the United Nations
are examples of designated public international organizations covered by the Act when it was passed.
If international organizations want the advantages listed in the title, they need to fit the Act's definition of what an "international organization" is. The International Organizations Immunities Act states: “For the purposes of this title, the term "international organization" means a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation...”(Section 1 of the Act). International organizations need to fit the definition to be protected by this particular Act.
The International Organization Immunities Act also states powers of certain offices. Since the time it was passed, the Department of State has been the agency that receives applications from organizations requesting designation under the Act. The Secretary of State was given the power to advise the President(who makes the final decisions) on matters like whether an organization should or should not be granted protection under the International Organization Immunities Act. The Secretary of State also has the power to determine if an employee's presence is no longer "desirable"; in such instances, the Secretary of State can have the employee deported (the international organization, however, has to be notified first and the employee has to be allotted a reasonable time to leave). Besides designating the status of international organizations, the President has the authority to withhold an organization or employees from receiving certain immunities, exemptions, and privileges the Act offers. The President can also limit the benefits an organization or its employees receives. In addition, the President has the power to revoke a designation if an international organization abuses the powers that it is given, which means the organization would no longer enjoy any of the benefits listed in the title.
Employees and officers of international organizations designated under the Act also receive benefits. Even though, the Act provides employees, officers, and their family members many benefits, it does not grant full diplomatic immunity
. Moreover, any of the rights granted can be waived. Also, organizations and their employees can only receive these benefits if the Secretary of State notifies and acknowledges the international organization and its workers. The benefits that employees and officials enjoy include:
Some international organizations (and their employees) enjoying these benefits are:
International Committee of the Red Cross
, International Union for Conservation of Nature and Natural Resources, Organization of American States
, Liaison Office of the People’s Republic of China, European Central Bank
, Commission of European Communities, Global Fund to Fight AIDS, Tuberculosis, and Malaria, International Development Law Institute, African Union, The Holy See, and Hong Kong Economic and Trade Offices
on July 13, 2005. The bill called for an amendment in the International Organization Immunities Act so the Bank for International Settlements
would be recognized as an international organization under the Act. The United States House of Representatives
passed the H.R. 3269 bill on December 6, 2005. The Senate referred the bill to the Committee on Foreign Relations; that was the last action taken regarding H.R. 3269. As a result, the bill did not become a law. Sessions of Congress last for two years, where towards the end bills that have not become law are “cleared from the books.” This was the case with the H.R. 3269 bill.
extended certain benefits to Interpol. Some of these benefits included immunity from lawsuits and prosecution. Likewise, in 2009, President Barack Obama
granted certain benefits found in the International Organizations Immunities Act to International Criminal Police Organization (Interpol). Conservative bloggers and people such as former Speaker Newt Gingrich
did not support the President extending privileges, exemptions, and immunities to Interpol. Conservative bloggers claimed that by increasing the privileges and immunities Interpol received, the President was allowing an international police to reign freely without legal restraint. They also believe that it is a plot to allow international courts to arrest and prosecute American officials.
Government and Interpol officials claim people are overreacting and are against Interpol receiving privileges, immunities, and exemptions because they do not know how Interpol functions. For example, Interpol does not make arrests (a common misconception) and it does not have a police force. Instead, Interpol shares information and files with the 188 counties it serves. Rachel Billington states that the national police force makes arrests based on national laws.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
federal law since 1945. It "established a special group of foreign or international organizations whose members could work in the U.S. and enjoy certain exemptions from US taxes and search and seizure laws". These advantages are usually given to diplomatic bodies.
Background information
The 79th United States Congress79th United States Congress
The Seventy-ninth United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, DC from January 3, 1945 to January 3, 1947, during the last months of...
passed the International Organization Immunities Act on December 29, 1945; the Act can be found under Title 22, chapter 7, sub-chapter XVIII. The International Organization Immunities Act entitles international organizations and their employees to certain exemptions, immunities, and privileges that other organizations and their employees are not granted. In addition, the entitled benefits organizations and their employees receive are similar to the benefits that foreign governments are granted. For example, international organizations and employees of the organizations are exempted from certain taxes. In addition, property and assets belonging to international organizations or their employees cannot be searched or confiscated. A lawsuit or any other type of legal action cannot be brought upon these organizations or their employees. The privileges, exemptions, and immunities that the employees and officers receive are extended to their immediate family members as well.
The International Organization Immunities Act was passed to strengthen the international organizations that the U.S. collaborates with, including those that are located in foreign countries. The Senate Committee believed that passing this Act would allow international organizations to perform more effectively and accomplish their goals. The Food and Agriculture Organization
Food and Agriculture Organization
The Food and Agriculture Organization of the United Nations is a specialised agency of the United Nations that leads international efforts to defeat hunger. Serving both developed and developing countries, FAO acts as a neutral forum where all nations meet as equals to negotiate agreements and...
, the International Labor Organization, and the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
are examples of designated public international organizations covered by the Act when it was passed.
If international organizations want the advantages listed in the title, they need to fit the Act's definition of what an "international organization" is. The International Organizations Immunities Act states: “For the purposes of this title, the term "international organization" means a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation...”(Section 1 of the Act). International organizations need to fit the definition to be protected by this particular Act.
The International Organization Immunities Act also states powers of certain offices. Since the time it was passed, the Department of State has been the agency that receives applications from organizations requesting designation under the Act. The Secretary of State was given the power to advise the President(who makes the final decisions) on matters like whether an organization should or should not be granted protection under the International Organization Immunities Act. The Secretary of State also has the power to determine if an employee's presence is no longer "desirable"; in such instances, the Secretary of State can have the employee deported (the international organization, however, has to be notified first and the employee has to be allotted a reasonable time to leave). Besides designating the status of international organizations, the President has the authority to withhold an organization or employees from receiving certain immunities, exemptions, and privileges the Act offers. The President can also limit the benefits an organization or its employees receives. In addition, the President has the power to revoke a designation if an international organization abuses the powers that it is given, which means the organization would no longer enjoy any of the benefits listed in the title.
Privileges, exemptions, and immunities of the act
International organizations receive the same privileges, immunities, and exemptions as foreign governments. Some of these privileges, immunities, and exemptions (listed under section 4 of the Act) include:- Immunity from search and confiscation of any property and assets owned (unless immunity is waived)
- Exemption from any internal-revenue taxes imposed
- Free from baggage search and any other procedures related to customs duties
Employees and officers of international organizations designated under the Act also receive benefits. Even though, the Act provides employees, officers, and their family members many benefits, it does not grant full diplomatic immunity
Diplomatic immunity
Diplomatic immunity is a form of legal immunity and a policy held between governments that ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws...
. Moreover, any of the rights granted can be waived. Also, organizations and their employees can only receive these benefits if the Secretary of State notifies and acknowledges the international organization and its workers. The benefits that employees and officials enjoy include:
- Exemption from property taxes imposed by Congress, internal-revenue taxes, communication taxes and taxes on transportation of persons or property
- Admission of officers and employees representing international organizations without checks from customs
- Exemption from legal suits or any other legal action in regards to activities related to work (unless the right is waived)
- Family members of employees and officers of international organizations receive similar privileges, immunities, and exemptions as well.
Some international organizations (and their employees) enjoying these benefits are:
International Committee of the Red Cross
International Committee of the Red Cross
The International Committee of the Red Cross is a private humanitarian institution based in Geneva, Switzerland. States parties to the four Geneva Conventions of 1949 and their Additional Protocols of 1977 and 2005, have given the ICRC a mandate to protect the victims of international and...
, International Union for Conservation of Nature and Natural Resources, Organization of American States
Organization of American States
The Organization of American States is a regional international organization, headquartered in Washington, D.C., United States...
, Liaison Office of the People’s Republic of China, European Central Bank
European Central Bank
The European Central Bank is the institution of the European Union that administers the monetary policy of the 17 EU Eurozone member states. It is thus one of the world's most important central banks. The bank was established by the Treaty of Amsterdam in 1998, and is headquartered in Frankfurt,...
, Commission of European Communities, Global Fund to Fight AIDS, Tuberculosis, and Malaria, International Development Law Institute, African Union, The Holy See, and Hong Kong Economic and Trade Offices
Attempt to amend the act
A bill called H.R. 3269 was introduced to the 109th United States Congress109th United States Congress
The One Hundred Ninth United States Congress was the legislative branch of the United States, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, during the fifth and sixth years of George W. Bush's presidency. House members...
on July 13, 2005. The bill called for an amendment in the International Organization Immunities Act so the Bank for International Settlements
Bank for International Settlements
The Bank for International Settlements is an intergovernmental organization of central banks which "fosters international monetary and financial cooperation and serves as a bank for central banks." It is not accountable to any national government...
would be recognized as an international organization under the Act. The United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
passed the H.R. 3269 bill on December 6, 2005. The Senate referred the bill to the Committee on Foreign Relations; that was the last action taken regarding H.R. 3269. As a result, the bill did not become a law. Sessions of Congress last for two years, where towards the end bills that have not become law are “cleared from the books.” This was the case with the H.R. 3269 bill.
Interpol controversy
In 1983, President Ronald ReaganRonald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
extended certain benefits to Interpol. Some of these benefits included immunity from lawsuits and prosecution. Likewise, in 2009, President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
granted certain benefits found in the International Organizations Immunities Act to International Criminal Police Organization (Interpol). Conservative bloggers and people such as former Speaker Newt Gingrich
Newt Gingrich
Newton Leroy "Newt" Gingrich is a U.S. Republican Party politician who served as the House Minority Whip from 1989 to 1995 and as the 58th Speaker of the U.S. House of Representatives from 1995 to 1999....
did not support the President extending privileges, exemptions, and immunities to Interpol. Conservative bloggers claimed that by increasing the privileges and immunities Interpol received, the President was allowing an international police to reign freely without legal restraint. They also believe that it is a plot to allow international courts to arrest and prosecute American officials.
Government and Interpol officials claim people are overreacting and are against Interpol receiving privileges, immunities, and exemptions because they do not know how Interpol functions. For example, Interpol does not make arrests (a common misconception) and it does not have a police force. Instead, Interpol shares information and files with the 188 counties it serves. Rachel Billington states that the national police force makes arrests based on national laws.