[Public Papers of the Presidents of the United States: George H. W. Bush (1992-1993, Book II)]
[September 21, 1992]
[Page 1603]
[From the U.S. Government Publishing Office www.gpo.gov]



Message to the Senate Transmitting the Organization of American States-
United States Headquarters Agreement
September 21, 1992

To the Senate of the United States:
    With a view to receiving the advice and consent of the Senate to 
approval, I transmit herewith the Headquarters Agreement Between the 
Government of the United States of America and the Organization of 
American States (``the Agreement''), signed at Washington on May 14, 
1992. I transmit also, for the information of the Senate, the Report of 
the Department of State with respect to this Agreement.
    The Agreement will place the status of the Organization of American 
States (``OAS'') in the United States on a clear legal basis and will 
underscore our commitment to the Organization. The Agreement in large 
measure elaborates and codifies the existing arrangements governing the 
presence of the headquarters of the OAS in the United States. However, 
it departs from existing arrangements in several respects. It extends 
diplomatic agent-level privileges and immunities to a small number of 
high level OAS officials. It exempts non-U.S. national OAS officials 
from state and local as well as federal income tax on their OAS earnings 
and benefits. It affords the OAS immunity from judicial process but in 
exchange for such immunity obligates the OAS to resolve certain (mainly 
commercial) disputes through a mutually agreed mechanism or, failing 
agreement, to submit such disputes to binding arbitration.
    Although the Agreement provides that the U.S. will not exclude or 
expel OAS officials or experts for acts performed in their official 
capacity, Article XVII specifically states that ``nothing in this 
Agreement shall be construed as in any way limiting the right of the 
United States to safeguard its own security, or its right completely to 
control the entrance of aliens into any territory of the United 
States.''
    Other provisions address the form and substance of the Official 
Travel Document; the procurement of communications facilities by the 
OAS; the disposition of the headquarters property in the event the OAS 
should cease to maintain headquarters in Washington; the provision of 
public services to the headquarters; and the privileges and immunities 
accorded OAS officials and experts.
    No implementing legislation is required for the United States to 
perform its obligations under the Agreement. As a treaty, the Agreement 
will override federal, state, and local law with respect to privileges, 
immunities and exemptions to the extent such laws are inconsistent with 
its provisions. The provisions of the Agreement are not inconsistent 
with U.S. immigration laws, which will provide the basis for meeting the 
commitments established by the Agreement for the admission of aliens.
    I recommend that the Senate give early and favorable consideration 
to the Agreement and give its advice and consent to approval.

                                                             George Bush

The White House,
September 21, 1992.