The below quote is from the initial story about the amended Presidential Executive Order 12425. My analysis follows the original source story from Pajamas Media.
In 1983, President Ronald Reagan signed Executive Order 12425 called "International Criminal Police Organizations," which is a very appropriate name. The law allowed INTERPOL to operate within the United States of America. The full text of Reagan's original Order is:
Please note that Reagan limited the privileges, exemptions and immunities conferred to INTERPOL by the International Organizations Immunities Act. The full text of those privileges, exemptions and immunities is listed below. However, President Obama has amended Reagan's Order and removed all these limitations. The full text of Obama's Amended Executive Order 12425 is in the below press release:
Obama's Executive Order removes the restrictions defined in Section 2(c), Section 3, Section 4, Section 5, and Section 6 of the International Organizations Immunities Act (59 Stat. 669.) and removes those restrictions. The full text of those Sections is listed below.
Section 2
International organizations shall enjoy the status, immunities, exemptions, and privileges set forth in this section, as follows:
(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;
Section 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.
Section 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 nondiplomatic 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 case 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.´´
(c) Effective January 1, 1946, section 1426 (b), defining the term ‘‘employment’’ 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 Unemploment 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.´´
Section 5
(a) Effective January 1, 1946, section 209 (b) of the Social Security Act, defining the term ‘‘employment’’ for the purposes of title II of the Act, is amended (1) by striking out the word ‘‘or’’ at the end paragraph (14), (2) by striking out the period at the end of paragraph (15) and inserting in lieu thereof a seinicolon 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 (b) 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 II 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.
Section 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.
At ThreatsWatch.org, Steve Schippert and Clyde Middleton have dug up the bizarre and unsettling issuance of an executive order recently signed by President Barack Obama. Executive Order — Amending Executive Order 12425, signed December 16 and released a day later, grants the International Criminal Police Organization (INTERPOL) rights on American soil that place it beyond the reach of our own law enforcement agencies, such as the Federal Bureau of Investigation (FBI).
Schippert and Middleton note that Obama’s order removes protections placed upon INTERPOL by President Reagan in 1983. Obama’s order gives the group the authority to avoid Freedom of Information Act (FOIA) requests — which means this foreign law enforcement organization can operate free of an important safeguard against governmental abuse. “Property and assets,” including the organization’s records, cannot be searched or seized. Their physical locations and records are now immune from U.S. legal or investigative authorities.
In 1983, President Ronald Reagan signed Executive Order 12425 called "International Criminal Police Organizations," which is a very appropriate name. The law allowed INTERPOL to operate within the United States of America. The full text of Reagan's original Order is:
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.
Please note that Reagan limited the privileges, exemptions and immunities conferred to INTERPOL by the International Organizations Immunities Act. The full text of those privileges, exemptions and immunities is listed below. However, President Obama has amended Reagan's Order and removed all these limitations. The full text of Obama's Amended Executive Order 12425 is in the below press release:
###
The White House
Office of the Press Secretary
For Immediate Release
December 17, 2009
Executive Order -- Amending Executive Order 12425
EXECUTIVE ORDER
- - - - - - -
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.
###
Obama's Executive Order removes the restrictions defined in Section 2(c), Section 3, Section 4, Section 5, and Section 6 of the International Organizations Immunities Act (59 Stat. 669.) and removes those restrictions. The full text of those Sections is listed below.
Section 2
International organizations shall enjoy the status, immunities, exemptions, and privileges set forth in this section, as follows:
(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;
Section 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.
Section 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 nondiplomatic 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 case 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.´´
(c) Effective January 1, 1946, section 1426 (b), defining the term ‘‘employment’’ 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 Unemploment 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.´´
Section 5
(a) Effective January 1, 1946, section 209 (b) of the Social Security Act, defining the term ‘‘employment’’ for the purposes of title II of the Act, is amended (1) by striking out the word ‘‘or’’ at the end paragraph (14), (2) by striking out the period at the end of paragraph (15) and inserting in lieu thereof a seinicolon 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 (b) 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 II 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.
Section 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.
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