[Title 3 CFR 13042]
[Code of Federal Regulations (annual edition) - January 1, 1998 Edition]
[Title 3 - Presidential Documents]
[Executive Order 13042 - Executive Order 13042 of April 9, 1997]
[From the U.S. Government Printing Office]
3Presidential Documents11998-01-011998-01-01falseExecutive Order 13042 of April 9, 199713042Executive Order 13042Presidential Documents
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 an-
[[Page 195]]
other 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, exemptions, or immunities that the World Trade Organization
otherwise enjoys or may acquire by international agreements or by
congressional action.
WILLIAM J. CLINTON
THE WHITE HOUSE,
April 9, 1997.