HU 98 law

Heads Up #98 Law

VISIT BY MIGUEL ANGEL MARTINEZ, PRESIDENT OF THE COUNCIL OF THE INTERPARLIAMENTARY UNION TO UNESCO

http://www.unesco.org/opi/29gencon/97-184e.htm

Paris, 24 October {No.97-184}- During a visit to UNESCO today, Miguel Angel Martinez, President of the Council of the Interparliamentary Union (IPU), declared to the General Conference, the supreme ruling body of the Organisation, that UNESCO's action was crucial for democracy because "without education there can be no responsible citizenry nor lasting democracy."

Mr. Martinez also said: "By recognising that parliaments and the organisation which represents them have a role to play in relaying world-wide public opinion to UNESCO, you have broadened and enriched your debates while reflection on the reform of international institutions is gathering momentum and democratisation and globalisation are spreading. Democratisation is an irreversible global trend which corresponds to the most basic and imperative aspirations of peoples: equality and dignity, the rejection of a unipolar world, of the hegemony of the rich over the poor, of prosperity for the few based on the marginalisation of the rest."

The President of the IPU Council also spoke of globalisation: "born of the historic rise in trade, globalisation appears irreversible. There is no point in fighting the process but, in order to thwart its harmful effects, it is absolutely essential to organise it and to set new and more acceptable ground-rules for it."

The co-operation between the IPU and UNESCO has been strengthened by an agreement of co-operation, signed June 26, by the two organisations which pursue common objectives of peace and democracy.

The IPU was founded in 1889, with headquarters in Switzerland, to promote contacts and exchange of experience amongst parliaments and parliamentarians world-wide. Its membership is composed of 138 national parliaments and three international parliamentary assemblies.

http://wotan.wiwi.hu-berlin.de/~houssik/Armenia/Other/10340.html

DUMA SPEAKER RIPS U.S., WEST.

The speaker of the Russian Duma has used the 96th conference of the Interparliamentary Union as a platform to launch a Cold-War style attack on the U.S. and the West. In a speech to assembled delegates in Beijing on September 17, Gennady Seleznev condemned the recent U.S. missile strikes on Iraq, NATO's planned enlargement, and what he described as the arbitrary use of sanctions and embargoes in the pursuit of power politics as well as efforts to construct a unipolar world. (Itar-Tass, September 17) The United States ranked 43rd in the world in the proportion of women elected to federal office in a 1995 study by the Interparliamentary Union.

http://www.law.cornell.edu/uscode/22/276.html

MULTILATERAL INTERNATIONAL ORGANIZATIONS IN WHICH THE UNITED STATES PARTICIPATE

22 § 276. Bureau of Interparliamentary Union; American group; authorization of appropriations; disbursements

There is authorized to be appropriated for fiscal year 1976 and for each subsequent fiscal year -

(1) for the annual contribution of the United States toward the maintenance of the Bureau of the

Interparliamentary Union for the promotion of international arbitration, an amount equal to 13.61 per centum of the

budget of the Interparliamentary Union for the year with respect to which such contribution is to be made if the

American group of the Interparliamentary Union has approved such budget; and

(2) to assist in meeting the expenses of the American group for such fiscal year, $90,000, or so much thereof as

may be necessary. Funds made available under paragraph (2) shall be disbursed on vouchers to be approved by the

Chairman of the House delegation in the case of delegates from the House of Representatives or the Chairman of the

Senate delegation in the case of delegates from the Senate, except that either such Chairman may authorize the

executive secretary of the American group to approve such vouchers on his behalf.

22 USC 288. "International organization" defined; authority of President

For the purposes of this subchapter, 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 provided in this subchapter. 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 subchapter (including the amendments made by this subchapter) 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 provided in this subchapter or for any other reason, at any time to revoke the designation of any international organization under this section, whereupon the international organization in question shall cease to be classed as an international organization for the purposes of this subchapter.

22 USC 288a. Privileges, exemptions, and immunities of international organizations

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 of any contract.

from search, unless such immunity be

(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.

22 USC 288b. Baggage and effects of officers and employees exempted from customs duties and internal revenue taxes

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 connection with the arrival of the owner) free of customs duties and free of internal-revenue taxes imposed upon or by reason of importation.

22 USC 288c. Exemption from property taxes

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. 22 USC 288d. Privileges, exemptions, and immunities of officers, employees, and their families; waiver

(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, insofar 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 insofar as such immunity may be waived by the foreign government or international organization concerned.

22 USC 288e. Personnel entitled to benefits

(a) Notification to and acceptance by Secretary of State of personnel

No person shall be entitled to the benefits of this subchapter, unless he

(1) shall 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) Deportation of undesirables

Should the Secretary of State determine that the continued presence in the United States of any person entitled to the benefits of this subchapter is not desirable, 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.

No person shall, by reason of the provisions of this subchapter, be considered as receiving diplomatic status or as receiving any of the privileges incident thereto other than such as are specifically set forth herein.

22 USC 288f. Applicability of reciprocity laws

The privileges, exemptions, and immunities of international organizations and of their officers and employees, and members of their families, suites, and servants, provided for in this subchapter, shall be granted notwithstanding the fact that the similar privileges, exemptions, and immunities granted to a foreign government, its officers, or employees, may be conditioned upon the existence of reciprocity by that foreign government: Provided, That nothing contained in this subchapter shall be construed as precluding the Secretary of State from withdrawing the privileges, exemptions, and immunities provided in this subchapter 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.

22 USC 4309. Application to public international organizations and official missions to such organizations

(a) Determination by Secretary

The Secretary may make section 4306 of this title, or any other provision of this chapter, applicable with respect to an international organization to the same extent that it is applicable with respect to a foreign mission if the Secretary determines that such application is necessary to carry out the policy set forth in section 4301(b) of this title and to further the objectives set forth in section 4304(b) of this title.

(b) "International organization" defined

For purposes of this section, "international organization" means -

(1) a public international organization designated as such pursuant to the International Organizations Immunities Act (22 U.S.C. 288 - 288f-2) or a public international organization created pursuant to a treaty or other international agreement as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs; and

(2) an official mission (other than a United States mission) to such a public international organization, including any real property of such an organization or mission and including the personnel of such an organization or mission.

22 USC 4309

For purposes of this section, "international organization" means -

EXECUTIVE ORDER 13097

August 7, 1998.

INTERPARLIAMENTARY UNION

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 having found that the Interparliamentary Union is a public international organization in which the United States participates within the meaning of the International Organizations Immunities Act, I hereby designate the Interparliamentary Union as a public international organization entitled to enjoy the privileges, exemptions, and immunities conferred by the International Organizations Immunities Act. This designation is not intended to abridge in any respect privileges, exemptions, or immunities that such organization may have acquired or may acquire by international agreements or by congressional action.

[ For additional details on this EO, read EO 13097. ]

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