Let’s not go off half-cocked

I’ve received several emails about a December 17th Executive Order which amends a Reagan Era EO 12425. Supposedly the amendment gives INTERPOL an exemption from having to comply with our fourth amendment protections against unreasonable search and seizure, and exempts INTERPOL from FOIA while operating on US soil. Honestly, I don’t see it.

Here’s the original EO;

By virtue of the authority vested in me as President by the Constitution and statutes of the United States, including Section 1 of the International Organizations Immunities Act (59 Stat. 669, 22 U.S.C. 288), it is hereby ordered that the International Criminal Police Organization (INTERPOL), in which the United States participates pursuant to 22 U.S.C. 263a, is hereby designated as a public international organization entitled to enjoy the privileges, exemptions and immunities conferred by the International Organizations Immunities Act; except those provided by Section 2(c), the portions of Section 2(d) and Section 3 relating to customs duties and federal internal-revenue importation taxes, Section 4, Section 5, and Section 6 of that Act. This designation is not intended to abridge in any respect the privileges, exemptions or immunities which such organization may have acquired or may acquire by international agreement or by Congressional action.

RONALD REAGAN
The White House,
June 16,1983.

Here’s Obama’s EO;

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.

Basically, the only thing Obama is changing is removing part of a sentence. That sentence refers to text that has to do with import duties on INTERPOL’s stuff they bring into this country and the withdrawal of the text gives them tax exemptions for income they earn here. Here’s the text that was withdrawn from the International Organizations Immunities Act;

2. * * *

(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.

SEC. 3. Pursuant to regulations prescribed by the Commissioner of Customs with the approval of the Secretary of the Treasury, the baggage and effects of alien officers and employees of international organizations, or of aliens designated by foreign governments to serve as their representatives in or to such organizations, or of the families, suites, and servants of such officers, employees, or representatives shall be admitted (when imported in connection with the arrival of the owner) free of customs duties and free of internal-revenue taxes imposed upon or by reason of importation.

SEC. 4. The Internal Revenue Code is hereby amended as follows:

(a) Effective with respect to taxable years beginning after December 31, 1943, section 116 (c), relating to the exclusion from gross income of income of foreign governments, is amended to read as follows:

“(C) INCOME OF FOREIGN GOVERNMENTS AND OF INTERNATIONAL, ORGANIZATIONS.-The income of foreign governments or international organizations received from investments in the United States in stocks, bonds, or other domestic securities, owned by such foreign governments or by international organizations, or from interest on deposits, in banks in the United States of moneys belonging to such foreign. governments or international organizations, or from any other source within the United States.”

(b) Effective with respect to taxable years beginning after December 31, 1943, section 116 (h) (1), relating to the exclusion from gross income of amounts paid employees of foreign governments, is amended to read as follows:

“(1) RULE, FOR EXCLUSION.-Wages, fees, or salary of any employee of a foreign government or of an international organization or of the Commonwealth of the Philippines (including a consular or other officer, or a non-diplomatic representative), received as compensation for official services to such government,. international organization, or such Commonwealth-

” (A) If such employee is not, a citizen of the United States, or is a citizen of the Commonwealth of the Philippines (whether or not a citizen of the United States); and

” (B) If, in the ease of an employee of a foreign government or of the Commonwealth of the Philippines, the services are of a character similar to those performed by employees of the Government of the United States in foreign countries or in the Commonwealth of the Philippines, as the case may be; and

” (C) If, in the case of an employee of a foreign government or the Commonwealth of the Philippines, the foreign government or the Commonwealth grants an equivalent exemption to employees of the, Government of the United States performing similar services in such foreign country or such Commonwealth, as the case may be.”

(e) Effective January 1, 1946, section 1426 (b), defining the term “emploviiient” for the purposes of the Federal Insurance Contributions Act, is amended (1) by striking out the word “or” at the end of paragraph (14), (2) by striking out the period at the end of paragraph (15) and inserting in lieu thereof a semicolon and the word “or”, and (3) by inserting at the end of the subsection the following new paragraph:

(16) Service performed in the employ of an international organization.”

(d) Effective January 1, 1946, section 1607 (c), defining the term “employment” for the purposes of the Federal Unemployment Tax Act, is amended (1) by striking out the word “or” at the end of paragraph (14), (2) by striking out the period at the end of paragraph (15) and inserting in lieu thereof a semicolon and the word “or”, and (3) by inserting at the end of the subsection the following new paragraph:

” (16) Service performed in the employ of an international organization.”

(e) Section 1621 (a) (5), relating to the definition of “wages” for the purpose of collection of income tax at the source, is amended by inserting after the words “foreign government” the words “or an international organization”.

(f) Section 3466 (a), relating to exemption from communications taxes is amended by inserting immediately after the words “the District of Columbia” a comma and the words “or an international organization”.

(g) Section 3469 (f) (1), relating to exemption from the tax on transportation of persons ., is amended by inserting immediately after the words “the District of Columbia” a comma and the words “or an international organization”.

(h) Section 3475 (b) (1), relating to exemption from the tax on transportation of property, is amended by inserting immediately after the words “the District of Columbia” a comma and the words “or an international organization”.

(i) Section 3797 (a), relating to definitions, is amended by adding at the end thereof a new paragraph as follows:

(18) INTERNATIONAL ORGANIZATION.-The term ‘international organization’ means a public International organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act.”

SEC. 5. (a) Effective January 1, 1946, section 209 (b) of the Social Security Act, defining the term “employment” for the purposes of title 11 of the Act, is amended (1) by striking out the word “or” at the end of paragraph (14), (2) by striking out the period at the end of paragraph (15) and insertiDg in lieu thereof a semicolon and the word “or”, and (3) by inserting at the end of the subsection the following new paragraph:

” (16) Service performed in the employ of an international organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act.”

(b) No tax shall be collected under title VIII or IX of the Social Security Act or under the Federal Insurance Contributions Act or the Federal Unemployment Tax Act, with respect to services rendered prior to January 1., 1946, which are described in paragraph (16) of sections 1426 (6) and 1607 (c) of the Internal Revenue Code, as amended, and any such tax heretofore collected (including penalty and interest with respect thereto, if any) shall be refunded in accordance with the provisions of law applicable in the case of erroneous or illegal collection of the tax. No interest shall be allowed or paid on the amount of any such refund. No payment shall be made under title 11 of the Social Security Act with respect to services rendered prior to January 1, 1946, which are described in paragraph (16) of section 209 (b) of such Act, as amended.

SEC. 6. International organizations shall be exempt from all property taxes imposed by, or under the authority of, any Act of Congress, including such Acts as are applicable solely to the District of Columbia or the Territories.

Yeah, it’s real riveting stuff. Let’s get outraged about things that are real – Lord knows, Obama does enough real stuff to get angry about.

This isn’t a shot at any particular contributor – I really need tips. Really. Really. Need. Tips.

Category: Barack Obama/Joe Biden