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oas In the United States, public international organizations derive privileges and
immunities from a variety of sources of law. In particular, the International Organizations Immunities Act of 1945 (IOIA) grants certain international organizations “the same immunity from suit and every form of judicial process as is enjoyed by foreign governments.” When the IOIA was enacted, those organizations had few legal protections but foreign sovereigns generally had “absolute immunity” from civil suits in U.S. courts. Over time, the international community, including the United States, clarified exceptions to foreign sovereign immunity, allowing some suits against foreign states.

This rule of “restrictive immunity” was codified in the United States by the Foreign Sovereign Immunities Act of 1976 (FSIA). However, some courts, like the D.C. Circuit, have continued to grant absolute immunity to international organizations covered by the IOIA—exceeding the level of protection enjoyed today by foreign governments—while others, such as the Third Circuit, have not.

In the United States, public international organizations derive privileges, exemptions, and immunities from a variety of sources of law. Many, including the InterAmerican Development Bank (IDB), are covered by the IOIA. Some others, such as the United Nations, have privileges and immunities based on the instrument that creates them or based on international agreements in which the United States participates. Still other international organizations have been granted privileges and immunities by specific statutory or administrative authority.

Foreign Sovereign ImmunitiesStatutes Replaced With International Law

December 9th 1945 International Organization Immunities Act relinquished every public office of the United States to the United Nations.

GOVERNMENT AGENT ACTING AS AN [OFFSHORE] STATUTE MERCHANT

Whatever the form in which the Government functions, anyone entering into an arrangement with the Government takes the risk of having accurately ascertained that he who purports to act for the Government stays within the bounds of his authority.

The scope of this authority may be explicitly defined by Congress or be limited by delegated legislation, properly exercised through the rule-making power. And this is so even though, as here, the agent himself may have been unaware of the limitations upon his authority. 

(See, e.g., Utah Power & Light Co. v. United States, 243 U.S. 389. 409, 391; United States v. Stewart, 311 U.S. 60, 70, 108, and see, generally, In re Floyd Acceptances, 7 Wall. 666)

NEITHER THE FOR PROFIT GOVERNMENT NOR THE [FOREIGN] STATUTE MERCHANT/AGENT HAS ACCESS TO SOVEREIGN IMMUNITY

As a member of a corporation, a government never exercises its sovereignty. It acts merely as a corporator, and exercises no other power in the management of the affairs of the corporation, than are expressly given by the incorporating act. Suits brought by or against it are not understood to be brought by or against the United States. The government, by becoming a corporation, lays down its sovereignty, so far as respects the transaction of the corporation, and exercises no power or privilege which is not derived from the charter.); GeorgiaPacific Corp. v. United States., 421 F.2d 92, 101 (9th Cir. 1970) (Government may also be bound by the doctrine of equitable estoppel if acting in proprietary [for profit nature ] rather than sovereign capacity); the Saving-to-SuitorsClause – Admiralty is also available for addressing mercantile and admiralty matters aka “civil process” at the common law and within a state court.

Saving-to-Suitors Clause - AdmiraltyTHE REASON WHY THE LAW OF NECESSITY AND FULL DISCLOSURE GOING TO SPECIFICITY COMES INTO PLAY IN COMMERCIAL PROCEEDINGS ONCE YOU’RE SUMMONED INTO ANY OF THESE PRIVATE MERCANTILE CORPORATE COURTS

Title 8, 22 & 28 USC

December 26th 1933 49 Statute 3097 Treaty Series 881 (Convention on Rights and Duties of States) stated CONGRESS replaced STATUTES with International Law, placing all states under international law.

International Organization Immunities Act relinquished every public office of the United States to the United Nations.

22 CFR Part 92.12-92.31 FR Heading “Foreign Relationship” states that an oath is required to take office.

Title 8 U.S.C. 1481 stated once an oath of office is taken citizenship is relinquished, thus you become a foreign entity, agency, or state. That means every public office is a foreign state, including all political subdivisions. (i.e. every single court and that courts personnel is considered a separate foreign entity)

Title U.S. Code: Title 22FOREIGN RELATIONS AND Intercourse) Chapter 11 identifies all public officials as foreign agents.

Title 28 US Code § 3002 Section 15A states that the United States is a Federal Corporation and not a Government, including the Judiciary Procedural Section.

Federal Rules of Civil Procedure (FRCP) 4j states that the Court jurisdiction and immunity fall under a foreign State.

The 11th Amendment states “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of an Foreign State.” (A foreign entity, agency, or state cannot bring any suit against a United States citizen without abiding the following procedure.)

Eleventh AmendmentTitle 22 CFR 93.1-93.2 states that the Department of State has to be notified of any suit, and in turn has to notify the United States citizen of said suit.

Title  28 U.S. Code § 1330 states that the United States District Court has to grant permission for the suit to be pursued once the court has been supplied sufficient proof that the United States citizen is actually a corporate entity.

Title 28 U.S. Code § 1608 ‘I have Absolute Immunity as a Corporation’

Title 28 USC 1602-1611 (Foreign Sovereign Immunities Act) allows the jurisdiction of a court to be challenged, and a demand of proper jurisdiction to be stated.

July 27th 1868 15 Statutes at Large, Chapter 249 (section 1) “Acts Concerning American Citizens in a Foreign State”, expatriation, is what is broken when jurisdiction is demanded, and it is not met with an answer.

rights of americansUnder the Federal Rules of Civil Procedure 12b 6 the prosecution has failed to provide adequate proof that the parties involved in this situation are actually corporate entities. I have provided ample proof that the prosecution and other agents are actually corporations.

1950 81st Congress Investigation on the BAR Association and determined that the B.A.R. Association by definition is founded and run by communists. Thus any elected official that is a member of the B.A.R. will only be loyal to the B.A.R. entity and never have allegiance to the people.

 

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UNCLASSIFIED

Entities that are entitled to enjoy certain privileges, exemptions, and immunities.
U.S. Department of State Foreign Affairs Manual Volume 9

The following is an alphabetical listing of the international organizations that have been designated by Executive Order pursuant to various treaties or under the International Organizations Immunities Act of December 29, 1945.

African Development Bank
Executive Order 12403 of February 8, 1983.

African Development Fund
Executive Order 11977 of March 14, 1977.

Asian Development Bank
Executive Order No. 11334 of March 7, 1967.

African Union
Executive Order No. 13377 of April 13, 2005.

Border Environmental Cooperation Commission
Executive Order No. 12904 of March 16, 1994.

Caribbean Organization
Executive Order No. 10983 of December 30, 1961.

Commission for Environmental Cooperation
Executive Order No. 12904 of March 16, 1994.

Commission for Labor Cooperation
Executive Order No. 12904 of March 16, 1994.

Commission for the Study of Alternatives to the Panama Canal
Executive Order No. 12567 of October 2, 1986.

Customs Cooperation Council
Executive Order No. 11596 of June 5, 1971.

European Bank for Reconstruction and Development
Executive Order No. 12766 of June 18, 1991.

European Space Agency (formerly the European Space Research Organization)
Executive Order No. 11318 of Dec. 5, 1966 and
Executive Order No. 12766 of June 18, 1991.

Food and Agriculture Organization
Executive Order No. 9698 of February 19, 1946.

Global Fund
Executive Order No. 13395 of January 13, 2006.

Great Lakes Fishery Commission
Executive Order No. 11059 of October 23, 1962.

GRECO (Council of Europe in Respect of the Group of States Against Corruption)
Executive Order No. 13240 of December 18, 2001.

Hong Kong Economic and Trade Offices
Executive Order No. 13052 of June 30, 1997.

Inter-American Defense Board
Executive Order No. 10228 of March 26, 1951.

Inter-American Development Bank
Executive Order No. 10873 of April 8, 1960 and
Executive Order No. 11019 of April 27, 1962.

Inter-American Institute for Cooperation for Agriculture
Executive Order No. 9751 of July 11, 1946.

Inter-American Investment Corporation
Executive Order No. 12567 of October 2, 1986.

Inter-American Statistical Institute
Executive Order No. 9751 of July 11, 1946.

Inter-American Tropical Tuna Commission
Executive Order No. 11059 of October 23, 1962.

International Atomic Energy Agency
Executive Order No. 10727 of August 31, 1957.

International Bank for Reconstruction and Development (World Bank)
Executive Order No. 9751 of July 11, 1946.

International Boundary and Water Commission – the United States and Mexico
Executive Order No. 12467 of March 2, 1984.

International Centre for Settlement of Investment Disputes
Executive Order No. 11966 of January 19, 1977.

International Civil Aviation Organization
Executive Order No. 9863 of May 31, 1947.

International Coffee Organization
Executive Order No. 11225 of May 22, 1965.

International Committee of the Red Cross
Executive Order No. 12643 of June 23, 1988.

International Cotton Advisory Committee
Executive Order No. 9911 of December 19, 1947.

International Cotton Institute
Executive Order No. 11283 of May 27, 1966.

International Criminal Police Organization (INTERPOL) (Limited Privileges)
Executive Order No. 12425 of June 16, 1983.

International Development Association
Executive Order No. 11966 of January 19, 1977.

International Development Law Organization
Executive Order No. 12842 of March 29, 1993.

International Fertilizer Development Center
Executive Order No. 11977 of March 14, 1977.

International Finance Corporation
Executive Order No. 10680 of October 2, 1956.

International Food Policy Research Institute (Limited Privileges)
Executive Order No. 12359 of April 22, 1982.

International Fund for Agricultural Development
Executive Order No. 12732 of October 31, 1990.

International Hydrographic Bureau
Executive Order No. 10769 of May 29, 1958.

International Joint Commission – the United States and Canada
Executive Order No. 9972 of June 25, 1948.

International Labor Organization
Executive Order No. 9698 of February 19, 1946.

International Maritime Organization (formerly the Intergovernmental Maritime Consultative Organization)

Executive Order No. 10795 of December 13, 1958.
International Maritime Satellite Organization Executive Order No. 12238 of September 12, 1980.

International Monetary Fund
Executive Order No. 9751 of July 11, 1946.

International Organization for Migration (Formerly Provisional Intergovernmental Committee for the Movement of Migrants for Europe and Intergovernmental Committee for European Migration.)
Executive Order No. 10335 of March 28, 1952.

International Pacific Halibut Commission
Executive Order No. 11059 of October 23, 1962.

International Secretariat for Volunteer Service
Executive Order No. 11363 of July 20, 1967.

International Telecommunications Satellite Organization (INTELSAT)
Executive Order No. 11718 of May 14, 1973 and
Executive Order No. 11966 of January 19, 1977.

International Telecommunication Union
Executive Order No. 9863 of May 31, 1947.

International Union for Conservation of Nature and Natural Resources (Limited Privileges)
Executive Order No. 12986, January 18, 1966.

International Wheat Advisory Committee (International Wheat Council)
Executive Order No. 9823 of January 24, 1947.

Interparliamentary Union
Executive Order 13097 of August 7, 1998.

Israel-United States Binational Industrial Research and Development Foundation Executive Order No. 12956 of March 13, 1995.

ITER International Fusion Energy Organization
Executive Order No. 13451 of November 19, 2007.

Korean Peninsula Energy Development Organization
Executive Order No. 12997 of April 1, 1996.

Multilateral Investment Guarantee Agency
Executive Order No. 12467 of August 22, 1988.

Multinational Force and Observers
Executive Order No. 12359 of April 22, 1982.

North American Development Bank
Executive Order No. 12904 of March 16, 1994.

North Pacific Anadromous Fish Commission
Executive Order No. 12895 of January 26, 1994.

North Pacific Marine Science Organization
Executive Order No. 12894 of January 26, 1994.

Office of the High Representative in Bosnia and Herzegovina and the
International Civilian Office in Kosovo
Executive Order No. 13568 of March 8, 2011.

Organization for American States (including Pan American Union)
Executive Order No. 10533 of June 3, 1954.

Organization for Eastern Caribbean States
Executive Order No. 12669 of February 20, 1989.

Organization for Economic Cooperation and Development (formerly the Organization for European Economic Cooperation)
Executive Order No. 10133 of June 27, 1950.

Organization for the Prohibition of Chemical Weapons
Executive Order No. 13049 of June 11, 1997

Pacific Salmon Commission
Executive Order No. 12567 of October 2, 1986.

Pan American Health Organization (including Pan American Sanitary Bureau)
Executive Order No. 10864 of February 18, 1960.

South Pacific Commission
Executive Order No. 10086 of November 25, 1949.

United International Bureau for the Protection of Intellectual Property (BIPRI)
Executive Order No. 11484 of September 29, 1969.

United Nations
Executive Order No. 9698 of February 19, 1946.

United Nations Educational, Scientific, and Cultural Organization
Executive Order No. 9863 of May 31, 1947.

United Nations Industrial Development Organization
Executive Order No. 12628 of March 8, 1988.

Universal Postal Union
Executive Order No. 10727 of August 31, 1957.

World Health Organization
Executive Order No. 10025 of December 30, 1948.

World Intellectual Property Organization
Executive Order No. 11866 of June 18, 1975.

World Meteorological Organization
Executive Order No. 10676 of September 1, 1959.

World Tourism Organization
Executive Order No. 125087 of March 22, 1985.

World Trade Organization
Executive Order No. 13042 of April 9, 1997.

 

 

 

 

 

 

 

 

Resorces:

International Organizations Immunities Act

22 U.S. Code § 288 – “International organization” defined

Immunity Act 1945

International Organizations Immunities Act: PL 79-291

Convention on Rights and Duties of States (inter-American) Yale Law School

international organization immunity

Executive Order 12904

GCongress> Obama signed Executive-Order declaring

Just What Did President Obama’s Executive Order regarding

Employees of Foreign Governments or International

Foreign Sovereign Immunities Act

Jurisdictional Immunities of Foreign States – Legal

28 US Code § 1605 – General exceptions to the jurisdictional

Restrictive Principle of Sovereign Immunity Law & Legal

Sovereign Immunity: Rule, Comity or Something Else?

Suing the Federal Government: Sovereignty, Immunity, and .

Against Sovereign Immunity – Duke Law Scholarship

9 FAM 41.24 Exhibit I – International Organzations – US

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