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EO 13042Executive OrderClinton · D

Executive Order 13042

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

This executive order implements Article VIII of the WTO Agreement for the United States by applying the Convention on Privileges and Immunities of Specialized Agencies to the World Trade Organization, its officials, and member representatives, with specific limitations for U.S. nationals and permanent residents on tax and national service immunities. It also designates the WTO as a public international organization under the International Organizations Immunities Act, while reserving certain tax and property use determinations to the Secretary of State.

Federal Register Open PDF 62 FR 18017

Key directives

  • Apply Convention on Privileges and Immunities of Specialized Agencies to WTO with four specified exceptions
  • Exempt sections 19(b), 15, 13(d), and 20 from applying to U.S. nationals and permanent residents
  • Limit immigration exemptions for WTO officials to parity with foreign government officers
  • Exclude real property taxes on non-WTO-use property from tax exemption; leasing/renting for revenue not considered WTO use
  • Grant Secretary of State sole discretion to determine whether property is used for WTO purposes
  • Define 'Foreign Minister' for expulsion approval purposes as Secretary of State or designee
  • Designate WTO as public international organization under International Organizations Immunities Act
  • Exclude section 6 property tax exemption for non-WTO-use property under IOIA
  • Preserve existing or future WTO privileges acquired by other means

Who is ordered

Timeline

Immediate

  • WTO designated as public international organization under IOIA
  • Convention privileges and immunities apply to WTO with specified exceptions

Near term (90d)

  • Secretary of State to establish determinations on property use for WTO purposes

Long term

  • Ongoing application of immunities framework to WTO operations in the U.S.
  • Potential future privileges acquired by international agreements or congressional action preserved

Risks & tensions

  • Secretary of State's 'sole discretion' over property use determinations creates unilateral executive authority with limited review
  • Parity limitation on immigration exemptions may create operational friction for WTO staffing
  • Revenue-generating leasing exclusion from WTO-use definition may discourage commercial activities but leaves boundary unclear
  • Dual framework (Convention + IOIA) with overlapping but non-identical scopes could generate interpretive conflicts
Executive Order 13042: Implementing for the United States Article VIII of the Agreement Establishing the World Trade Organization Concerning Legal Capacity and Privileges and Immunities · Executive Orders