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01-12-2010 23:28 |
INTERPOL’s constitution prohibits ‘any intervention or activities of a political, military, religious or racial character.’ But they are also the worlds largest Policing organization; so why should they receive diplomatic type immunities from our LE organizations and FOIA?
Particularly:
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Sec. 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.
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.
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Ronald Noble, who became Secretary General of Interpol after serving as Undersecretary for Enforcement of the Treasury, said in his 9/20/05 re-election acceptance speech:
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For INTERPOL, the 11th of September was a moment of reckoning. It was the time for us to decide what kind of international police organization we wanted INTERPOL to be.
Although INTERPOL had been created over 80 years ago by police chiefs to provide operational police support internationally, something had happened to INTERPOL over the years. INTERPOL had become so slow, so unresponsive that in many police circles around the world INTERPOL was considered irrelevant to their day-to-day needs.
But, it was on September 11th, 2001 that INTERPOL went operational and that we committed ourselves to working 24 hours a day, seven days a week, 365 days a year to support our NCBs and police services. And it was on that day that we first began reaching out to you in times of crisis, rather than waiting for you to ask for help.
One can say that INTERPOL was reborn on the 11th of September 2001.
On that day, our INTERPOL staff let it be known around the world that INTERPOL was and could be relevant to provide significant and real-time operational police support in times of crisis. We did not wait to hire new paid staff or to get additional resources. Our staff just did what had to be done, and they and their families made the necessary sacrifices. On that day, I promised that the lights would never again be turned out at INTERPOL, and they have not been.
Since then, our NCBs and member countries’ police forces have seen a rejuvenated INTERPOL. When a terrorist attack, significant criminal event or national or international disaster occurs, INTERPOL is not only one of the first organizations to offer our police partners assistance, but we are one of the first to deliver on those offers and one of the few prepared to remain with you until the job is done.
We have also, I’m proud to say, further developed our relationship with the United Nations, as you heard yesterday. Link
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Article on the topic:
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President Obama’s amending of a Reagan Executive Order doesn’t mean the end of the world.
By Seth Richardson
Conspiracy theorists are all atwitter (literally) over Executive Order 13524, issued by President Obama on December 16. Among the some 40,000 Google hits ranting about the end of our government and Constitution, Examiner.com blogger Franke Schein, whose bio says that he “is a published writer, and well traveled adventurer with a street level perspective of life within the cosmic wilderness called America,” claims that,
“Executive Order #12425 allows INTERPOL the absolute authority to investigate, charge, and imprison, and extradite Americans—without having to adhere to the same constitutional laws that American law enforcement agencies are required to abide by. Additionally, the International Criminal Police Organization is authorized to conduct covert surveillance and investigations on American soil—with full immunities from US law. Laws such as the Freedom of Information Act, Congressional oversight, Constitutional protections, and without oversight from the FBI who is charged with the responsibility of internal national Security.”
This, of course, is utter nonsense and Schein doesn’t begin to understand what he’s talking about. Explaining why this is nonsense is a bit complex, so bear with me. One needs to actually read the documents involved to know exactly what the impact of this Executive Order is.
President Obama’s Executive Order 13524 amends Executive Order 12425, issued by President Reagan in 1983. This Executive Order had already been amended once before by President Clinton in Executive Order 12971 in 1995.
All three Executive Orders apply to Public Law 79-291, enacted in 1945 to provide “privileges and immunities” to “international organizations.” Such designated organizations today include INTERPOL, the International Union for Conservation of Nature and Natural Resources, Organization of American States, International Committee of the Red Cross, and the European Central Bank, among a host of others, specifically including the United Nations, which was a large part of the impetus to pass the law.
Kevin M. Whiteley, in an article in the Washington University Global Studies Law Review, describes the genesis of the law:
“Thirty years earlier, at the conclusion of World War II … absolute immunity was still the predominant theory to which the United States and the international community adhered. This period also saw an increased presence and participation of international organizations in international affairs. In order to address a perceived lack of protection for these newly emerging bodies, Congress passed the International Organizations Immunities Act (IOIA) in 1945. The central function of the IOIA was to grant international organizations “privileges and immunities of a governmental nature.”
By conferring these privileges and immunities upon recognized international organizations, the United States accomplished several important goals. Such legislation served the self-interest of the United States and satisfied a likely condition precedent to the establishment of the headquarters of the United Nations in the United States. Moreover, enactment of a law immunizing international organizations brought the United States in line with other nations’ actions to address the same problems.”
Whether one agrees that inviting the UN to U.S. soil was a good idea or not, what the law does is grant a limited form of the sort of diplomatic immunity enjoyed by foreign governments and their ambassadors and employees to designated international organizations. The law primarily addresses taxation, both of the property of the organizations and of their employees, including U.S. citizens who may work for them, and immigration regulations. Much of the law addresses the IRS code and regulates how things like Social Security and other withholding taxes are handled for employees, and prohibiting import and customs duties on the personal baggage and effects of officers and employees of such organizations.
But there are other sections that regulate how the U.S. handles the “sovereignty” of the property and assets of international organizations. Specifically, Section 2 provides the same protections against civil lawsuits enjoyed by foreign governments, limits searches of their properties and archives, and regulates treatment of their staff as if they were representatives of foreign governments. The rules and regulations about dealing with representatives of foreign governments are exceeding complex, and this law merely extends some of those protections to officers and employees of designated international organizations. In no way does it authorize any such organization to break any law or supersede the U.S. Constitution and it’s protections of U.S. citizens.
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