Implementing for the United States Article VIII of the Agreement Establishing the World Trade Organization Concerning Legal Capacity and Privileges and Immunities

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 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; (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, exemp-

 tions, or immunities that the World Trade Organization
otherwise enjoys or may acquire by international
agreements or by congressional action.

    (Presidential Sig.)

THE WHITE HOUSE,

     April 9, 1997.