Interpol by Craig Covello

INTERPOL. Are you familiar with the name? We don't hear much in the news about INTEROL, aka the International Criminal Police Organization.. Sure, the name keeps some limited visibility in the movies, particularly when the story line involves diamond thieves, drugs or espionage. But other than that, INTERPOL does not get much attention, which is probably by design. In keeping with it's low profile, Obama quietly issued an executive order on December 16th giving this international police force complete secrecy regarding its files, including INTERPOL files kept on American citizens. Sound ominous? Perhaps. Read on.

Back in 1983, President Ronald Reagan did not agree with certain privacy protections found in the International Organizations Immunities Act. Specifically, he objected to sections 2(c), 3, 4, 5, and 6 which gave INTERPOL immunity from legal search and seizure laws as well as freedom from duty and taxation which would normally apply to foreign agents working within our boundaries.

Now Obama has reinstated these provisions, thereby giving INTERPOL more power and bulletproof (no pun intended) secrecy.

While I am not a lawyer, it nevertheless seems reasonable to assume that by removing language from President Reagan's 1983 executive order, INTERPOL is now allowed to operate on American soil beyond the reach of our own top law enforcement arm, the FBI. INTERPOL is also now immune from Freedom of Information Act (FOIA) requests. This means that an INTERPOL branch in the US cannot be searched; its files are not subject to legal subpoena, nor discovery. By OBAMA’s signature, our government has conferred diplomatic immunity upon INTERPOL. In their own words, "The archives of international organizations shall be inviolable."

Do we care? Well, here are some considerations:

1. If any politician, government employee or department of the federal government wants to keep documents out of the hands of the court system, it is conceivable that they can simply hand them over to INTERPOL under the guise of an international criminal investigation. INTERPOL is now outside the jurisdiction of the federal courts, including the Supreme Court.

2. INTERPOL will now be able to collect and maintain secret files on US citizens on US soil.

3. It sets a legal precedent regarding nullification of U.S. sovereignty. Will this privilege of immunity be extended to other foreign organizations who may wish to set up shop in America?

There is also the question of "why"? What could possibly be Obama's motivation for changing the 1983 executive order and giving additional power to INTERPOL's U.S, operations? Perhaps it is in keeping with Obama's vision to make America subservient to other world powers, including the UN. Perhaps it is aligned with the recent climate control treaty in Copenhagen in which the concept of a world government is referenced. One thing is for sure; this action certainly reflects the style of this administration. Obama did not have to pass it by Congress, thereby avoiding that pesky system of government checks and balances.

The language in the International Organizations Immunities Act is somewhat tedious, but for those who want to wade through the legalese, here is the Reagan amendment followed by the Obama amendment. I have also included the language and my interpretation of the sections being reinstated. Please post your comments if I have any of this wrong, since there is no legal degree hanging in my office.

Reagan Amendment in 1983:

Executive Order 12425 of June 16, 1983

International Criminal Police Organizations

By virtue of the authority vested in me as President by the Constitution and statutes of the United States, including Section 1 of the International Organizations Immunities Act (59 Stat. 669, 22 U.S.C. 288), it is hereby ordered that the International Criminal Police Organization (INTERPOL), in which the United States participates pursuant to 22 U.S.C. 263a, is hereby designated as a public international organization entitled to enjoy the privileges, exemptions and immunities conferred by the International Organizations Immunities Act; except those provided by Section 2(c), the portions of Section 2(d) and Section 3 relating to customs duties and federal internal-revenue importation taxes, Section 4, Section 5, and Section 6 of that Act. This designation is not intended to abridge in any respect the privileges, exemptions or immunities which such organization may have acquired or may acquire by international agreement or by Congressional action.

Ronald Reagan

The White House,

June 16, 1983.

Obama’s Amendment in 2009:

Executive Order 12425 of June 16, 1983

International Criminal Police Organizations

AMENDING EXECUTIVE ORDER 12425 DESIGNATING INTERPOL

AS A PUBLIC INTERNATIONAL ORGANIZATION ENTITLED TO

ENJOY CERTAIN PRIVILEGES, EXEMPTIONS, AND IMMUNITIES

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1 of the International Organizations Immunities Act (22 U.S.C. 288), and in order to extend the appropriate privileges, exemptions, and immunities to the International Criminal Police Organization (INTERPOL), it is hereby ordered that Executive Order 12425 of June 16, 1983, as amended, is further amended by deleting from the first sentence the words "except those provided by Section 2(c), Section 3, Section 4, Section 5, and Section 6 of that Act" and the semicolon that immediately precedes them.

BARACK OBAMA

THE WHITE HOUSE,

December 16, 2009.

Text of Section 2(c), which has been reinstated:

“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.”

Section 2(d), which has been reinstated:

Insofar as concerns customs duties and internal-revenue taxes imposed upon or by reason of importation, and the procedures in connection therewith; the registration of foreign agents; and the treatment of official communications, the privileges, exemptions, and immunities to which the international organization shall be entitled shall be those accorded under similar circumstances to foreign governments”.

Other sections that have been reinstated:

Section 3, which says that assets of alien INTERPOL agents are not subject to import duty taxes.

Section 4 which says that income of alien INTERPOL agents is not subject to federal taxation.

Section 5 which says that income of alien INTERPOL agents is not subject to Social Security withholding.

Section 6 which says that the assets of alien INTERPOL agents are not subject to property taxes.

Read it for yourself.

www.ipu.org/finance-e/PL79-291.pdf

© 2009 by Craig Covello.  Used by Permission.  All Right Reserved