http://www.whitehouse.gov/the-press-office/executive-order-amending-executive-order-12425
AMENDING EXECUTIVE ORDER 12425 DESIGNATING INTERPOL
AS A PUBLIC INTERNATIONAL ORGANIZATION ENTITLED TO
ENJOY CERTAIN PRIVILEGES, EXEMPTIONS, AND IMMUNITIES
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 in order to extend the appropriate privileges, exemptions, and immunities to the International Criminal Police Organization (INTERPOL), it is hereby ordered that Executive Order 12425 of June 16, 1983, as amended, is further amended by deleting from the first sentence the words "except those provided by Section 2(c), Section 3, Section 4, Section 5, and Section 6 of that Act" and the semicolon that immediately precedes them.
BARACK OBAMA
THE WHITE HOUSE,
December 16, 2009.
http://codes.lp.findlaw.com/uscode/22/7/XVIII/288a
22 U.S.C. § 288a : US Code - Section 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.
(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.
http://corner.nationalreview.com/post/?q=MGY3MTI4YTRjZmYwMGU1ZjZhOGJmNmQ0NmJiZDNmMDY=
Wednesday, December 23, 2009
Why Does Interpol Need Immunity from American Law? [Andy McCarthy]
You just can't make up how brazen this crowd is. One week ago, President Obama quietly signed an executive order that makes an international police force immune from the restraints of American law.
Interpol is the shorthand for the International Criminal Police Organization. It was established in 1923 and operates in about 188 countries. By executive order 12425, issued in 1983, President Reagan recognized Interpol as an international organization and gave it some of the privileges and immunities customarily extended to foreign diplomats. Interpol, however, is also an active law-enforcement agency, so critical privileges and immunities (set forth in Section 2(c) of the International Organizations Immunities Act) were withheld. Specifically, Interpol's property and assets remained subject to search and seizure, and its archived records remained subject to public scrutiny under provisions like the Freedom of Information Act. Being constrained by the Fourth Amendment, FOIA, and other limitations of the Constitution and federal law that protect the liberty and privacy of Americans is what prevents law-enforcement and its controlling government authority from becoming tyrannical.
On Wednesday, however, for no apparent reason, President Obama issued an executive order removing the Reagan limitations. That is, Interpol's property and assets are no longer subject to search and confiscation, and its archives are now considered inviolable. This international police force (whose U.S. headquarters is in the Justice Department in Washington) will be unrestrained by the U.S. Constitution and American law while it operates in the United States and affects both Americans and American interests outside the United States.
Interpol works closely with international tribunals (such as the International Criminal Court which the United States has refused to join because of its sovereignty surrendering provisions, though top Obama officials want us in it). It also works closely with foreign courts and law-enforcement authorities (such as those in Europe that are investigating former Bush administration officials for purported war crimes i.e., for actions taken in America's defense).
Why would we elevate an international police force above American law? Why would we immunize an international police force from the limitations that constrain the FBI and other American law-enforcement agencies? Why is it suddenly necessary to have, within the Justice Department, a repository for stashing government files which, therefore, will be beyond the ability of Congress, American law-enforcement, the media, and the American people to scrutinize?
Can anyone give me a reasonable explanation why we would need to do this?
AMENDING EXECUTIVE ORDER 12425 DESIGNATING INTERPOL
AS A PUBLIC INTERNATIONAL ORGANIZATION ENTITLED TO
ENJOY CERTAIN PRIVILEGES, EXEMPTIONS, AND IMMUNITIES
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 in order to extend the appropriate privileges, exemptions, and immunities to the International Criminal Police Organization (INTERPOL), it is hereby ordered that Executive Order 12425 of June 16, 1983, as amended, is further amended by deleting from the first sentence the words "except those provided by Section 2(c), Section 3, Section 4, Section 5, and Section 6 of that Act" and the semicolon that immediately precedes them.
BARACK OBAMA
THE WHITE HOUSE,
December 16, 2009.
http://codes.lp.findlaw.com/uscode/22/7/XVIII/288a
22 U.S.C. § 288a : US Code - Section 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.
(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.
http://corner.nationalreview.com/post/?q=MGY3MTI4YTRjZmYwMGU1ZjZhOGJmNmQ0NmJiZDNmMDY=
Wednesday, December 23, 2009
Why Does Interpol Need Immunity from American Law? [Andy McCarthy]
You just can't make up how brazen this crowd is. One week ago, President Obama quietly signed an executive order that makes an international police force immune from the restraints of American law.
Interpol is the shorthand for the International Criminal Police Organization. It was established in 1923 and operates in about 188 countries. By executive order 12425, issued in 1983, President Reagan recognized Interpol as an international organization and gave it some of the privileges and immunities customarily extended to foreign diplomats. Interpol, however, is also an active law-enforcement agency, so critical privileges and immunities (set forth in Section 2(c) of the International Organizations Immunities Act) were withheld. Specifically, Interpol's property and assets remained subject to search and seizure, and its archived records remained subject to public scrutiny under provisions like the Freedom of Information Act. Being constrained by the Fourth Amendment, FOIA, and other limitations of the Constitution and federal law that protect the liberty and privacy of Americans is what prevents law-enforcement and its controlling government authority from becoming tyrannical.
On Wednesday, however, for no apparent reason, President Obama issued an executive order removing the Reagan limitations. That is, Interpol's property and assets are no longer subject to search and confiscation, and its archives are now considered inviolable. This international police force (whose U.S. headquarters is in the Justice Department in Washington) will be unrestrained by the U.S. Constitution and American law while it operates in the United States and affects both Americans and American interests outside the United States.
Interpol works closely with international tribunals (such as the International Criminal Court which the United States has refused to join because of its sovereignty surrendering provisions, though top Obama officials want us in it). It also works closely with foreign courts and law-enforcement authorities (such as those in Europe that are investigating former Bush administration officials for purported war crimes i.e., for actions taken in America's defense).
Why would we elevate an international police force above American law? Why would we immunize an international police force from the limitations that constrain the FBI and other American law-enforcement agencies? Why is it suddenly necessary to have, within the Justice Department, a repository for stashing government files which, therefore, will be beyond the ability of Congress, American law-enforcement, the media, and the American people to scrutinize?
Can anyone give me a reasonable explanation why we would need to do this?
Last edited: