§ 288h TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 176

AMENDMENTS

1973—Pub. L. 93–149 substituted provisions extending

diplomatic privileges and immunities to representatives of member states to the Organization of American

States, to permanent observers to the Organization of

American States, and to member of staff of such representatives and permanent observers, for provisions

extending such privileges and immunities to representatives of member states on the Council of the Organization of American State and members of their staff.

EX. ORD. NO. 11931. EXTENSION OF DIPLOMATIC PRIVILEGES AND IMMUNITIES TO PERMANENT OBSERVERS TO

ORGANIZATION OF AMERICAN STATES

Ex. Ord. No. 11931, Aug. 3, 1976, 41 F.R. 32689, provided:

By virtue of the authority vested in me by the Act of

November 7, 1973 (87 Stat. 560; 22 U.S.C. 288g), and as

President of the United States of America, I extend to

Permanent Observers to the Organization of American

States, and to the members of the diplomatic staffs of

such Permanent Observers, the same privileges and immunities, subject to corresponding conditions and obligations, as are enjoyed by diplomatic envoys accredited

to the United States.

This Executive order shall be effective as of November 7, 1973. The enjoyment of privileges and immunities

extended hereunder shall be subject to any Agreements

entered into between the Government of the United

States and the Organization of American States after

that date.

GERALD R. FORD.

§ 288h. Commission of European Communities;

extension of privileges and immunities to

members

Under such terms and conditions as he shall

determine and consonant with the purposes of

this section, the President is authorized to extend, or to enter into an agreement extending,

to the Mission to the United States of America

of the Commission of the European Communities, and to members thereof, the same privileges and immunities subject to corresponding

conditions and obligations as are enjoyed by diplomatic missions accredited to the United

States and by members thereof. Under such

terms and conditions as the President may determine, the President is authorized to extend

to other offices of the Commission of the European Communities which are established in the

United States, and to members thereof—

(1) the privileges and immunities described

in the preceding sentence; or

(2) as appropriate for the functioning of a

particular office, privileges and immunities,

equivalent to those accorded consular premises, consular officers, and consular employees, pursuant to the Vienna Convention on

Consular Relations.

(Pub. L. 92–499, Oct. 18, 1972, 86 Stat. 815; Pub. L.

100–204, title VII, §741, Dec. 22, 1987, 101 Stat.

1394.)

CODIFICATION

Section was not enacted as part of the International

Organizations Immunities Act which comprises this

subchapter.

AMENDMENTS

1987—Pub. L. 100–204 inserted sentence at end.

EX. ORD. NO. 12651. OFFICES OF THE COMMISSION OF THE

EUROPEAN COMMUNITIES

Ex. Ord. No. 12651, Sept. 9, 1988, 53 F.R. 35287, provided:

By virtue of the authority vested in me as President

by the Constitution and laws of the United States of

America, and the Act to extend diplomatic privileges

and immunities to the Mission to the United States of

America of the Commission of the European Communities and the members thereof, 22 U.S.C. Sec. 288h, I

hereby extend to the Permanent Observer Mission of

the Delegation of the Commission of the European

Communities to the United Nations the same privileges

and immunities as are accorded to permanent observer

missions of states to the United Nations. I also hereby

extend to the members of the diplomatic staff of that

mission assigned to New York to observe the work of

the United Nations and duly notified to the United

States Government and the United Nations in that capacity, and to their families, the same privileges and

immunities, subject to corresponding conditions and

obligations, as are accorded to members of the diplomatic staff of missions accredited to the United Nations.

Pursuant to the same authority, I also hereby extend

to the West Coast Office of the Delegation of the Commission of the European Communities and to the officers and employees of that mission assigned to San

Francisco to represent the Commission to the Government of the United States and duly notified to and accepted by the Secretary of State, and to their families,

the privileges and immunities, subject to corresponding

conditions and obligations, substantively equivalent to

those accorded consular premises, consular officers,

and consular employees pursuant to the Vienna Convention on Consular Relations. For the purpose of extending privileges and immunities to the West Coast

Office of the Delegation of the Commission of the European Communities, its official functions shall consist

in:

(a) protecting in the United States the interests of

the European Communities within the limits permitted

by domestic and international law;

(b) furthering the development of commercial, economic, cultural, and scientific relations between the

European Communities and the United States and

otherwise promoting friendly relations between them;

(c) ascertaining by all lawful means conditions and

developments in the commercial, economic, cultural,

and scientific life of the United States, reporting thereon to the European Communities and giving information to persons interested.

Pursuant to the same authority, I also hereby extend

to the members of the administrative and technical

staff and members of the service staff of the Delegation

of the Commission of the European Communities assigned to Washington to represent the Commission to

the Government of the United States and duly notified

to and accepted by the Secretary of State, and to their

families, the same privileges and immunities, subject

to corresponding conditions and obligations, as are enjoyed by members of the administrative and technical

staff and members of the service staff of diplomatic

missions accredited to the United States.

This order is not intended to abridge in any respect

privileges, exemptions or immunities that the Delegation of the Commission of the European Communities

may have acquired or may acquire by international

agreements or by Congressional action.

RONALD REAGAN.

EX. ORD. NO. 11689. PRESIDENTIAL EXTENSION OF

DIPLOMATIC PRIVILEGES AND IMMUNITIES

Ex. Ord. No. 11689, Dec. 5, 1972, 37 F.R. 25987, provided:

By virtue of the authority vested in me by the Act of

October 18, 1972 (Public Law 92–499) [this section], and

as President of the United States, I hereby extend to

the Mission to the United States of America of the

Commission of the European Communities, and to the

officers of that Mission assigned to Washington to represent the Commission to the Government of the

United States and duly notified to and accepted by the

Secretary of State, and to their families, the same
Page 177 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 289

privileges and immunities, subject to corresponding

conditions and obligations, as are enjoyed by diplomatic missions accredited to the United States and by

members of the diplomatic staffs thereof.

RICHARD NIXON.

§ 288i. Liaison Office of the People’s Republic of

China; extension of privileges and immunities to members

Under such terms and conditions as he shall

determine and consonant with the purposes of

this section, the President is authorized to extend to the Liaison Office of the People’s Republic of China in Washington and to the members

thereof the same privileges and immunities subject to corresponding conditions and obligations

as are enjoyed by diplomatic missions accredited to the United States and by members thereof.

(Pub. L. 93–22, Apr. 20, 1973, 87 Stat. 24.)

CODIFICATION

Section was not enacted as part of the International

Organizations Immunities Act which comprises this

subchapter.

EXECUTIVE ORDER NO. 11771

Ex. Ord. No. 11771, Mar. 18, 1974, 39 F.R. 10415, which

extended diplomatic privileges and immunities to the

Liaison Office of the People’s Republic of China in

Washington, D.C., was revoked by Ex. Ord. No. 12553,

Feb. 25, 1986, 51 F.R. 7237.

§ 288j. International Development Law Institute

For purposes of the International Organizations Immunities Act (22 U.S.C. 288 and following), the International Development Law Institute shall be considered to be a public international organization in which the United

States participates under the authority of an

Act of Congress authorizing such participation.

(Pub. L. 102–511, title VIII, §805, Oct. 24, 1992, 106

Stat. 3353.)

REFERENCES IN TEXT

The International Organizations Immunities Act, referred to in text, is title I of act Dec. 29, 1945, ch. 652,

59 Stat. 669, as amended, which is classified principally

to this subchapter. For complete classification of this

Act to the Code, see Short Title note set out under section 288 of this title and Tables.

CODIFICATION

Section was enacted as part of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992, also known as the FREEDOM

Support Act, and not as part of the International Organizations Immunities Act which comprises this subchapter.

§ 288k. Extension of certain privileges, exemptions, and immunities to Hong Kong Economic and Trade Offices

(a) Application of International Organizations

Immunities Act

The provisions of the International Organizations Immunities Act (22 U.S.C. 288 et seq.) may

be extended to the Hong Kong Economic and

Trade Offices in the same manner, to the same

extent, and subject to the same conditions as

such provisions may be extended to 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.

(b) Application of international agreement on

certain State and local taxation

The President is authorized to apply the provisions of Article I of the Agreement on State and

Local Taxation of Foreign Employees of Public

International Organizations, done at Washington on April 21, 1994, to the Hong Kong Economic and Trade Offices.

(c) ‘‘Hong Kong Economic and Trade Offices’’ defined

The term ‘‘Hong Kong Economic and Trade Offices’’ refers to Hong Kong’s official economic

and trade missions in the United States.

(Pub. L. 105–22, §1, June 27, 1997, 111 Stat. 236.)

REFERENCES IN TEXT

The International Organizations Immunities Act, referred to in subsec. (a), is title I of act Dec. 29, 1945, ch.

652, 59 Stat. 669, as amended, which is classified principally to this subchapter. For complete classification

of this Act to the Code, see Short Title note set out

under section 288 of this title and Tables.

CODIFICATION

Section was not enacted as part of the International

Organizations Immunities Act which comprises this

subchapter.

SUBCHAPTER XIX—INTERNATIONAL

REFUGEE ORGANIZATION

§ 289. Acceptance of membership by the United

States; conditions

The President is hereby authorized to accept

membership for the United States in the International Refugee Organization (hereinafter referred to as the ‘‘Organization’’), the constitution of which was approved in New York on December 15, 1946, by the General Assembly of the

United Nations, and deposited in the archives of

the United Nations: Provided, however, That this

authority is granted and the approval of the

Congress of the acceptance of membership of the

United States in the International Refugee Organization is given upon condition and with the

reservation that no agreement shall be concluded on behalf of the United States and no action shall be taken by any officer, agency, or

any other person and acceptance of the constitution of the Organization by or on behalf of the

Government of the United States shall not constitute or authorize action (1) whereby any person shall be admitted to or settled or resettled

in the United States or any of its Territories or

possessions without prior approval thereof by

the Congress, and this subchapter shall not be

construed as such prior approval, or (2) which

will have the effect of abrogating, suspending,

modifying, adding to, or superseding any of the

immigration laws or any other laws of the

United States.

(July 1, 1947, ch. 185, §1, 61 Stat. 214.)

REFERENCES IN TEXT

The immigration laws, referred to in text, are classified generally to Title 8, Aliens and Nationality. See

also section 1101(a)(17) of Title 8.