[Federal Register: August 22, 2003 (Volume 68, Number 163)]
[Rules and Regulations]
[Page 50698-50700]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au03-9]
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DEPARTMENT OF HOMELAND SECURITY
Customs and Border Protection
19 CFR Part 148
[CBP Dec. 03-21]
Changes to Customs and Border Protection List of Designated
Public International Organizations
AGENCY: Customs and Border Protection, Department of Homeland Security.
ACTION: Final rule.
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SUMMARY: This document amends the Customs Regulations by updating the
list of designated public international organizations entitled to
certain free entry privileges provided for under provisions of the
International Organizations Immunities Act. The last time the list was
updated was in 1996 and since then the President has issued several
Executive Orders, which have designated certain organizations as
entitled to certain free entry privileges. Accordingly, Customs and
Border
[[Page 50699]]
Protection deems it appropriate to update the list at this time.
EFFECTIVE DATE: August 22, 2003.
FOR FURTHER INFORMATION CONTACT: Dennis Sequeira, Director,
International Organizations & Agreements Division, Office of
International Affairs, (202) 927-1480.
SUPPLEMENTARY INFORMATION:
Background
The International Organizations Immunities Act (the Act) (22 U.S.C.
288 et seq.) generally provides that certain international
organizations, agencies, and committees, in which the United States
participates or otherwise has an interest and which have been
designated by the President through appropriate Executive Order as
public international organizations, are entitled to enjoy certain
privileges, exemptions, and immunities conferred by the Act. The
Department of State lists the public international organizations,
designated by the President as entitled to enjoy any measure of the
privileges, exemptions, and immunities conferred by the Act, in the
notes following the provisions of Section 288.
One of the privileges provided for under the Act at 22 U.S.C. 288a
is that the baggage and effects of alien officers, employees, and
representatives--and their families, and servants--to the designated
organization, are admitted free of duty and without entry. Those
designated organizations entitled to this duty-free entry privilege are
delineated at Sec. 148.87(b), Customs Regulations (19 CFR 148.87(b)).
Thus, the list of public international organizations maintained by
Customs and Border Protection (CBP) is for the limited purpose of
identifying those organizations entitled to the duty-free entry
privilege; it does not necessarily include all of the organizations
that are on the list maintained by the Department of State, which
delineates all of the international organizations designated by the
President regardless of the extent of the privileges conferred.
The last revision of the list of public international organizations
at Sec. 148.87(b) was in 1996 (T.D. 96-23), when the total number of
designated international organizations became 69. Since 1996, eight
Executive Orders have been issued each designating a new public
international organization, as follows:
1. Executive Order 12956 of March 13, 1995, 60 FR 14199, 3 CFR 1996
Comp., p. 332, 31 Weekly Comp.Pres.Doc. 408, designated the Israel-
United States Binational Industrial Research and Development
Foundation;
2. Executive Order 12986 of January 18, 1996, 61 FR 1693, 3 CFR
1997 Comp., p. 156, 32 Weekly Comp.Pres.Doc. 77, designated the
International Union for Conservation of Nature and Natural Resources
with limited privileges; certain privileges, regarding immunity from
suit and judicial process and search and seizure, were not extended;
3. Executive Order 12997 of April 1, 1996, 61 FR 14949, 3 CFR 1997
Comp., p. 179, 32 Weekly Comp.Pres.Doc. 596, designated the Korean
Peninsula Energy Development Organization;
4. Executive Order 13042 of April 9, 1997, 62 FR 18017, 73 CFR 1998
Comp., p. 194, 33 Weekly Comp.Pres.Doc. 492, designated the World Trade
Organization;
5. Executive Order 13049 of June 11, 1997, 62 FR 32472, 3 CFR 1998
Comp., p. 206, 33 Weekly Comp.Pres.Doc. 857, designated the
Organization for the Prohibition of Chemical Weapons;
6. Executive Order 13052 of June 30, 1997, 62 FR 35659, 3 CFR 1998
Comp., p. 210, 33 Weekly Comp.Pres.Doc. 998, designated the Hong Kong
Economic and Trade Offices;
7. Executive Order 13097 of August 7, 1998, 63 FR 43065, 3 CFR 1999
Comp., p. 205, 34 Weekly Comp.Pres.Doc. 1588, designated the
Interparliamentary Union; and
8. Executive Order 13240 of December 18, 2001, 66 FR 66257, 3 CFR
2002 Comp., p. 824, 37 Weekly Comp.Pres.Doc. 1813, designated the
Council of Europe in Respect of the Group of States Against Corruption
(GRECO).
This brings the total number of designated international
organizations listed at Sec. 148.87(b) to 77. Accordingly, CBP is
amending its list of designated public international organizations at
Sec. 148.87(b) to account for these eight additions.
This document also corrects an editorial error, i.e., an
international organization designated by T.D. 96-13 is incorrectly
referenced; thus, the reference to the Border Environmental Cooperation
Commission should read the Border Environment Cooperation Commission.
Inapplicability of Public Notice and Comment Requirements, Delayed
Effective Date Requirements, the Regulatory Flexibility Act, and
Executive Order 12866
Because this amendment merely corrects the listing of designated
organizations entitled by law to free entry privileges as public
international organizations, pursuant to 5 U.S.C. 553(b)(B), good cause
exists for dispensing with notice and public procedure thereon as
unnecessary. For the same reason, good cause exists for dispensing with
a delayed effective date under 5 U.S.C. 553(d) (1) and (3). Since this
document is not subject to the notice and public procedure requirements
of 5 U.S.C. 553, it is not subject to provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). This document does not meet the
criteria for a ``'significant regulatory action''' as specified in E.O.
12866.
Drafting Information
The principal author of this document was Gregory R. Vilders,
Attorney, Regulations Branch, Office of Regulations and Rulings.
List of Subjects in 19 CFR Part 148
Customs duties and inspection, Executive orders, Foreign officials,
Government employees, International organizations, Privileges and
immunities, Taxes.
Amendment to the Regulations
0
For the reasons stated above, part 148, Customs Regulations (19 CFR
part 148), is amended as set forth below:
PART 148--PERSONAL DECLARATIONS AND EXEMPTIONS
0
1. The general authority citation for part 148 and the specific
authority citation for Sec. 148.87 continue to read as follows:
Authority: 19 U.S.C. 66, 1496, 1498, 1624. The provisions of
this part, except for subpart C, are also issued under 19 U.S.C.
1202 (General Note 23, Harmonized Tariff Schedule of the United
States);
* * * * *
Section 148.87 also issued under 22 U.S.C. 288.
0
2. Section 148.87(b) is amended by removing in the ``Organization''
column the name ``Border Environmental Cooperation Commission'' and
adding in its place ``Border Environment Cooperation Commission'' and
by adding the following, in appropriate alphabetical order, to the
table, to read as follows:
Sec. 148.87 Officers and employees of, and representatives to, public
international organizations.
* * * * *
(b) * * *
[[Page 50700]]
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Executive
Organization Order Date
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* * * * * * *
Council of Europe in Respect of the 13240 Dec. 18, 2001.
Group of States Against Corruption
(GRECO).
* * * * * * *
Hong Kong Economic and Trade 13052 June 30, 1997.
Offices.
* * * * * * *
International Union for 12986 Jan. 18, 1996.
Conservation of Nature and Natural
Resources--Limited privileges.
* * * * * * *
Interparliamentary Union........... 13097 Aug. 7, 1998.
Israel-United States Binational 12956 Mar. 13, 1995.
Industrial Research and
Development Foundation.
Korean Peninsula Energy Development 12997 Apr. 1, 1996.
Organization.
* * * * * * *
Organization for the Prohibition of 13049 June 11, 1997.
Chemical Weapons..
* * * * * * *
World Trade Organization........... 13042 Apr. 9, 1997.
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Dated: August 18, 2003.
Robert C. Bonner,
Commissioner, Customs and Border Protection.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 03-21577 Filed 8-21-03; 8:45 am]
BILLING CODE 4820-02-P