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10. Support of Peaceful Settlement of Disputes Executive Order 10206, January 19, 1951, 16 F.R. 629, 22 U.S.C. 287d-1 note.
By virtue of the authority vested in me by the Constitution and the statutes, including the United Nations Participation Act of 1945 (59 Stat. 619), as amended, hereinafter referred to as the Act, and the act of August 8, 1950 (Public Law 673, 81st Congress), and as President of the United States, it is hereby ordered as follows:
1. The Secretary of State, upon the request by the United Nations for cooperative action, and to the extent that he finds that it is consistent with the national interest to comply with such request, is authorized, in support of such activities of the United Nations as are specifically directed to the peaceful settlement of disputes and are not involving the employment of armed forces contemplated by Chapter VII of the United Nations Charter, to request the Secretary of Defense to detail personnel of the armed forces to the United Nations, and to furnish facilities, services, or other assistance and to loan supplies and equipment to the united Nations in an agreed fair share of the United States under such terms and conditions as the Secretary of State and the Secretary of Defense shall jointly determine and in accordance with and subject to the provisions of paragraphs (1), (2), and (3) of section 7(a) of the Act, and the Secretary of Defense is authorized to comply with the request of the Secretary of State, giving due regard to the requirements of the national defense.
2. The Secretary of State, in accordance with and subject to the provisions of section 7(b) of the Act, shall require reimbursement from the United Nations for the expense thereby incurred by the United States whenever personnel or assistance is made available to the United Nations except that in exceptional circumstances or when the Secretary of State finds it to be in the national interest, he may, after consultation with the Secretary of Defense, waive, in whole or in part, the requirement of such reimbursement.
3. The Secretary of Defense, in accordance with and subject to the provisions of section 7(a)(1) of the Act, may authorize personnel of the armed forces detailed to the United Nations to accept directly from the United Nations (a) any or all of the allowances or perquisites to which they are entitled under the first proviso of section 7(a)(1) of the Act, and (b) extraordinary expenses and perquisites incident to such detail.
11. Privileges and Immunities a. International Organizations Immunities Act, as amended
Partial text of Public Law 79–291 (H.R. 4489], 59 Stat. 669, approved Decem
ber 29, 1945, as amended by Public Law 89 353 (HR. 8210), 80 Stat. 5, approved February 2, 1966; Public Law 93–161 (H.R. 8219), 87 Stat. 635, approved November 27, 1973; Public Law 96-60 (Department of State Au. thorization Act, Fiscal Years 1980 and 1981; H.R. 3363), 93 Stat. 403, ap. proved August 16, 1979; Public Law 98–164 [Department of State Author. ization Act, Fiscal Years 1984 and 1985; H.R. 2159), 97 Stat. 1017 at 1023, approved November 22, 1983; Public Law 100–204 (Foreign Relations Au. thorization Act, Fiscal Years 1988 and 1989; H.R. 1777), 101 Stat. 1331, ap. proved December 22, 1987; Public Law 100_362 (International Organiza. tions Immunities Act: Organization of Eastern Caribbean States; H.R. 4162), 102 Stat. 819, approved July 6, 1988; Public Law 103–236 (Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333), 108 Stat. 382, approved April 30, 1994
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 1.1 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, 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. The President shall be authorized, in the light of the functions performed by any such international organization, by appropriate Executive order to 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, if in his judgment such action should be justified by reason of the abuse by an international organization or its officers and employees of the privileges, exemptions, and immunities herein provided or for any other reason, at any time revoke the designation of any international organization under this section, whereupon the international organization in question shall
122 U.S.C. 288.
cease to be classed as an international organization for the purposes of this title.2
Executive Order No.
July 11, 1946
The Food and Agriculture Organization.
Intergovernmental Committee for European Migration),
19, 1946, by Executive Order No. 9698).
Atomic Energy Agency).
ignated July 11, 1946, by Executive Order No. 9751).
last clause of soc. 2(d), and sec, 7(b).
tions of secs. 2(d) and 3 relating to customs duties and federal internal revenue importa
tion taxes, and secs. A through 6).
2 The international organizations listed below this note are currently designated by the President as public international organizations entitled to enjoy the privileges, exemptions and im munities of the Internat Organizations Immunities Act.
Executive Order No.
Inte-American Investment Corporation,
12956 .................. March 13, 1995
SEC. 2.3 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;
(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 purposes of any proceedings or by the terms of 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) Insofar as concerns customs duties and internal-revenue taxes imposed upon or by reason of importation, and the procedures in connection 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.
SEC. 3.4 Pursuant to regulations prescribed by the Commissioner of Customs with approval of the Secretary of the Treasury, the bag. gage and effects of aliens, 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 connection with the arrival of the owner) free of customs duties and free of internalrevenue taxes imposed upon or by reason of importation.
322 U.S.C. 288a. * 22 U.S.C. 288b.
SEC. 4.5 The Internal Revenue Code is hereby amended as follows:
(a). Effective with respect to taxable years beginning after December 31, 1943, section 116[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 the United 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 international organizations, or from any other source within the United States, shall not be included in gross income and shall be exempt from taxation under this subtitle."
(b)? Effective with respect to taxable years beginning after December 31, 1943, section 116h)(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 nondiplomatic representative), received as compensation for official services to such goverment, 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 Commonwealth of 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 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 that 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 of the following new paragraph:
“(16)8 Service performed in the employ of an international organization”.
* The provisions of sec. 4 are contained in title 26 of the United States Code, as noted below. & 26 U.S.C. 892. ? 26 U.S.C. 893(a). *20 U.S.C. 3121(by.