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22 U.S.C. § 288aPrivileges, exemptions, and immunities of international organizations

submitted 81 years ago by ch. 652 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 199 words · no verdicts yet

in plain englishAI-generated · not legal advice

International organizations get certain legal protections and benefits under this section. They can make contracts, buy and sell property, and sue or be sued in court, similar to a country's own legal powers. Their property, assets, and archives are largely protected from lawsuits, searches, and seizure, and they get treatment similar to foreign governments on customs duties, import taxes, agent registration, and official communications.

This section lists the status, immunities, exemptions, and privileges that international organizations get under this subchapter. (a) Legal capacity. To the extent their founding document allows it, international organizations can (i) make contracts; (ii) buy and get rid of real and personal property; and (iii) start legal proceedings (sue in court). (b) Immunity from suit. International organizations, and their property and assets no matter where located or who holds them, get the same immunity from lawsuits and from every kind of court process that foreign governments get. This immunity does not apply where the organization has clearly given it up (waived it), either for a specific case or under the terms of a contract. (c) Immunity of property and archives. The property and assets of international organizations, wherever located and whoever holds them, cannot be searched or confiscated unless the organization clearly waives that protection. Their archives cannot be entered or interfered with (they are "inviolable"). (d) Customs, taxes, agent registration, and communications. For customs duties and internal-revenue taxes tied to importing goods (and the procedures around that), for registering as a foreign agent, and for how their official communications are treated, international organizations get the same privileges, exemptions, and immunities that foreign governments get under similar circumstances.
the actual law source: uscode.house.gov ↗public domain

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.

(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.

Source credit: (Dec. 29, 1945, ch. 652, title I, § 2, 59 Stat. 669.)

history & why it existsrecord from the source credit
  • 1945Enacted · Act of Dec. 29, 1945, ch. 652 · 59 Stat. 669

A history note hasn’t been published yet. The record shows enactment by ch. 652 on 1945-12-29.

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