[Federal Register Volume 68, Number 163 (Friday, August 22, 2003)]
[Rules and Regulations]
[Pages 50698-50700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21577]


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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]]



------------------------------------------------------------------------
                                       Executive
            Organization                 Order              Date
------------------------------------------------------------------------
 
                              * * * * * * *
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