Presidential Documents

Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Presidential Documents 18017

Executive Order 13042 of April 9, 1997

Implementing for the United States Article VIII of the Agreement Establishing the World Trade Organization Concerning

Legal Capacity and Privileges and Immunities

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

laws of the United States of America, including section 101(b) of the Uruguay

Round Agreements Act (Public Law 103-465) and section 1 of the International Organizations Immunities Act (22 U.S.C. 288), I hereby implement

for the United States the provisions of Article VIII of the Agreement Establishing the World Trade Organization.

Section 1. The provisions of the Convention on the Privileges and Immunities

of the Specialized Agencies (U.N. General Assembly Resolution 179 (II)

of November 21, 1947, 33 U.N.T.S. 261) shall apply to the World Trade

Organization, its officials, and the representatives of its members, provided:

(1) sections 19(b) and 15, regarding immunity from taxation, and sections

13(d) and section 20, regarding immunity from national service obligations,

shall not apply to U.S. nationals and aliens admitted for permanent residence;

(2) with respect to section 13(d) and section 19(c), regarding exemption

from immigration restrictions and alien registration requirements, World

Trade Organization officials and representatives of its members shall be

entitled to the same, and no greater, privileges, exemptions, and immunities

as are accorded under similar circumstances to officers and employees of

foreign governments, and members of their families; (3) with respect to

section 9(a) regarding exemption from taxation, such exemption shall not

extend to taxes levied on real property, or that portion of real property,

which is not used for the purposes of the World Trade Organization. The

leasing or renting by the World Trade Organization of its property to another

entity or person to generate revenue shall not be considered a use for

the purposes of the World Trade Organization. Whether property or portions

thereof are used for the purposes of the World Trade Organization shall

be determined within the sole discretion of the Secretary of State or the

Secretary’s designee; (4) with respect to section 25(2)(II) regarding approval

of orders to leave the United States, ‘‘Foreign Minister’’ shall mean the

Secretary of State or the Secretary’s designee.

Sec. 2. In addition and without impairment to the protections extended

above, having found that the World Trade Organization is a public international organization in which the United States participates within the

meaning of the International Organizations Immunities Act, I hereby designate the World Trade Organization as a public international organization

entitled to enjoy the privileges, exemptions, and immunities conferred by

that Act, except that section 6 of that Act, providing exemption from property

tax imposed by, or under the authority of, any Act of Congress, shall not

extend to taxes levied on property, or that portion of property, that is

not used for the purposes of the World Trade Organization. The leasing

or renting by the World Trade Organization of its property to another entity

or person to generate revenue shall not be considered a use for the purposes

of the World Trade Organization. Whether property or portions thereof are

used for the purposes of the World Trade Organization shall be determined

within the sole discretion of the Secretary of State or the Secretary’s designee.

This designation is not intended to abridge in any respect privileges, exemp-
18018 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Presidential Documents

tions, or immunities that the World Trade Organization otherwise enjoys

[FR Doc. 97–9700

or may acquire by international agreements or by congressional action.

THE WHITE HOUSE,

April 9, 1997.

œ–

Filed 4–11–97; 8:45 am]

Billing code 3195–01–P