The International Organizations Immunities ActPublic Law 79-291 (IOIA) is a United States federal law enacted in 1945. It "established a special group of foreign or international organizations whose members could work in the U.S. and enjoy certain exemptions from US taxes and search and seizure laws".Just What Did President Obama's Executive Order regarding Interpol Do?, ABCNews.com, December 30, 2009 These advantages are usually given to diplomatic bodies.
Background information
The 79th United States Congress passed the IOIA on December 29, 1945; the Act can be found under Title 22, chapter 7, sub-chapter XVIII. The IOIA entitles international organizations and their employees to certain exemptions, immunities, and privileges that other organizations and their employees are not granted. In addition, the entitled benefits organizations and their employees receive are similar to the benefits that foreign governments are granted. For example, international organizations and employees of the organizations are exempted from certain taxes. In addition, property and assets belonging to international organizations or their employees cannot be searched or confiscated. A lawsuit or any other type of legal action cannot be brought upon these organizations or their employees. The privileges, exemptions, and immunities that the employees and officers receive are extended to their immediate family members as well.
The IOIA was passed to strengthen the international organizations that the U.S. collaborates with, including those that are located in foreign countries. The Senate Committee believed that passing this Act would allow international organizations to perform more effectively and accomplish their goals.International Organization Immunities Act, article by Lawrence Preuss The Food and Agriculture Organization, the International Labour Organization, and the United Nations are examples of designated public international organizations covered by the Act when it was passed.Executive Order 9698--Designating public international organizations entitled to enjoy certain privileges, exemptions, and immunities
If international organizations want the advantages listed in the title, they need to fit the Act's definition of what an "international organization" is. The IOIA states: "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..." (Section 1 of the Act).International Organizations Immunities Act International organizations need to fit the definition to be protected by this particular Act. Although the Act initially aimed at international organizations of which the U.S. was a member, recent extensions have covered also international organizations with which the U.S. cooperates but in which they do not participate, such as the Hong Kong Economic and Trade Offices.Aaron I-. Young, Deconstructing international organization immunity, Georgetown Journal of International Law, pages 311–364. See in particular page 333 with footnotes 155 to 157.22 USC § 288k - Extension of certain privileges, exemptions, and immunities to Hong Kong Economic and Trade Offices
The IOIA also states powers of certain offices. Since the time it was passed, the Department of State has been the agency that receives applications from organizations requesting designation under the Act.2 FAM 1420: International Organizations Immunities, U.S. Department of State Foreign Affairs Manual Volume 2 (General) The Secretary of State was given the power to advise the President (who makes the final decisions) on matters like whether an organization should or should not be granted protection under the IOIA. The Secretary of State also has the power to determine if an employee's presence is no longer "desirable"; in such instances, the Secretary of State can have the employee deported (the international organization, however, has to be notified first and the employee has to be allotted a reasonable time to leave).U.S. Code Besides designating the status of international organizations, the President has the authority to withhold an organization or employees from receiving certain immunities, exemptions, and privileges the Act offers. The President can also limit the benefits an organization or its employees receives. In addition, the President has the power to revoke a designation if an international organization abuses the powers that it is given, which means the organization would no longer enjoy any of the benefits listed in the title.
Privileges, exemptions, and immunities of the act International organizations receive the same privileges, immunities, and exemptions as foreign governments. Some of these privileges, immunities, and exemptions (listed under section 4 of the Act) include: Immunity from search and confiscation of any property and assets owned (unless immunity is waived) Exemption from any internal-revenue taxes imposed Free from baggage search and any other procedures related to customs duties
Employees and officers of international organizations designated under the Act also receive benefits. Even though, the Act provides employees, officers, and their family members many benefits, it does not grant full diplomatic immunity. Moreover, any of the rights granted can be waived. Also, organizations and their employees can only receive these benefits if the Secretary of State notifies and acknowledges the international organization and its workers. The benefits that employees and officials enjoy include: Exemption from property taxes imposed by Congress, internal-revenue taxes, communication taxes and taxes on transportation of persons or property Admission of officers and employees representing international organizations without checks from customs Exemption from legal suits or any other legal action in regards to activities related to work (unless the right is waived) Family members of employees and officers of international organizations receive similar privileges, immunities, and exemptions as well.
Many of these benefits of employees and officials, however, do not apply to U.S. citizens (including dual citizens). More specifically, the salary of a person working for an international organization within the United States is exempt from U.S. tax under the condition that the person is either not a U.S. citizen, or is a U.S. citizen as well as a citizen of The Philippines."Employees of Foreign Governments or International Organizations". Internal Revenue Service. Furthermore, a U.S. citizen working for an international organization in the U.S. must report self-employment income and pay self-employment tax; a U.S. citizen working for an international organization outside of the U.S. does not pay self-employment tax, nor does a green card holder working for an international organization in the U.S."How to Report Wage Income Paid by Foreign Governments or International Organizations". Internal Revenue Service.
Designated Organizations International organizations (and their employees) enjoying these benefits include the following.
African Development Bank. February 8, 1983. African Development Fund. March 14, 1977. African Union. April 13, 2005. Asian Development Bank. March 7, 1967. Border Environment Cooperation Commission. March 16, 1994. Caribbean Organization. December 30, 1961. Commission for Environmental Cooperation. March 16, 1994. Commission for Labor Cooperation. March 16, 1994. Commission for the Study of Alternatives to the Panama Canal. October 2, 1986. Council of Europe in Respect of the Group of States Against Corruption. December 18, 2001. Customs Cooperation Council. June 5, 1971. Ethiopian World Federation.. September 7, 1951. European Bank for Reconstruction and Development.. June 18, 1991. European Central Bank. May 29, 2003 European Space Agency. December 5, 1966.. May 22, 1967.. January 17, 1974.. June 18, 1991. Food and Agriculture Organization. February 19, 1946. Global Fund to Fight AIDS, Tuberculosis and Malaria. January 13, 2006. Great Lakes Fishery Commission. October 23, 1962. Hong Kong Economic and Trade Offices. June 30, 1997. Inter-American Defense Board. March 26, 1951. Inter-American Development Bank. April 8, 1960.. April 27, 1962. Inter-American Institute of Agricultural Sciences. July 11, 1946. Inter-American Investment Corporation. October 2, 1986. Inter-American Statistical Institute. July 11, 1946. Inter-American Tropical Tuna Commission. October 23, 1962. Intergovernmental Committee for European Migration. March 28, 1952. Intergovernmental Maritime Consultative Organization. December 13, 1958. International Atomic Energy Agency. August 31, 1957. International Bank for Reconstruction and Development. July 11, 1946. International Boundary and Water Commission, United States and Mexico. March 2, 1984. International Centre for Settlement of Investment Disputes. January 19, 1977. International Civil Aviation Organization. May 31, 1947. International Civilian Office in Kosovo. March 8, 2011. International Coffee Organization. May 22, 1965. International Committee of the Red Cross. June 23, 1988. International Cotton Advisory Committee. December 19, 1947. International Cotton Institute. May 27, 1966. International Criminal Police Organization (Interpol). June 16, 1983.. September 15, 1995.. December 16, 2009. International Development Association. January 19, 1977. International Development Law Institute. March 29, 1993. International Fertilizer Development Center. March 14, 1977. International Finance Corporation. October 2, 1956. International Food Policy Research Institute. April 22, 1982. International Fund for Agricultural Development. October 31, 1990. International Hydrographic Bureau. May 29, 1958. International Joint Commission—United States and Canada. June 25, 1948. International Labour Organization. February 19, 1946. International Maritime Satellite Organization. September 12, 1980. International Monetary Fund. July 11, 1946. International Pacific Halibut Commission. October 23, 1962. International Renewable Energy Agency. September 3, 2015. International Secretariat for Volunteer Service. July 20, 1967. International Telecommunication Union. May 31, 1947. International Telecommunications Satellite Organization (Intelsat). May 14, 1973.. January 19, 1977. International Union for Conservation of Nature and Natural Resources. January 18, 1996. International Wheat Advisory Committee (International Wheat Council). January 24, 1947. Interparliamentary Union. August 7, 1998. Israel-United States Binational Industrial Research and Development Foundation. March 13, 1995. ITER International Fusion Energy Organization. November 19, 2007. Korean Peninsula Energy Development Organization. April 1, 1996. Multilateral Investment Guarantee Agency. August 2, 1988. Multinational Force and Observers. April 22, 1982. North American Development Bank. March 16, 1994. North Pacific Anadromous Fish Commission. January 26, 1994. North Pacific Marine Science Organization. January 26, 1994. Office of the High Representative in Bosnia and Herzegovina. March 8, 2011. Organisation for Economic Co-operation and Development. June 27, 1950. Organisation for the Prohibition of Chemical Weapons. June 11, 1997. Organization of American States (including Pan American Union). June 3, 1954. Organization of Eastern Caribbean States. February 20, 1989. Pacific Salmon Commission. October 2, 1986. Pan American Health Organization. February 18, 1960. Preparatory Commission of the International Atomic Energy Agency. August 31, 1957. South Pacific Commission. November 25, 1949. United International Bureau for the Protection of Intellectual Property. September 29, 1969.