[Weekly Compilation of Presidential Documents Volume 33, Number 15 (Monday, April 14, 1997)]
[Pages 492-493]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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

April 9, 1997

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including section 101(b) of 
the Uruguay Round Agreements Act (Public Law 103-465) and section 1 of 
the International Organizations Immunities Act (22 U.S.C. 288), I hereby 
implement for the United States the provisions of Article VIII of the 
Agreement Establishing the World Trade Organization.
    Section 1. The provisions of the Convention on the Privileges and 
Immunities of the Specialized Agencies (U.N. General Assembly Resolution 
179 (II) of November 21, 1947, 33 U.N.T.S. 261) shall apply to the World 
Trade Organization, its officials, and the representatives of its 
members, provided: (1) sections 19(b) and 15, regarding immunity from 
taxation, and sections 13(d) and section 20, regarding immunity from 
national service obligations, shall not apply to U.S. nationals and 
aliens admitted for permanent residence; (2) with respect to section 
13(d) and section 19(c), regarding exemption from immigration 
restrictions and alien registration requirements, World Trade 
Organization officials and representatives of its members shall be 
entitled to the same, and no greater, privileges, exemptions, and 
immunities as are accorded under similar circumstances to officers and 
employees of foreign governments, and members of their families; (3) 
with respect to section 9(a) regarding exemption from taxation, such 
exemption shall not extend to taxes levied on real property, or that 
portion of real property, which is not used for the purposes of the 
World Trade Organization. The leasing or renting by the World Trade 
Organization of

[[Page 493]]

its property to another entity or person to generate revenue shall not 
be considered a use for the purposes of the World Trade Organization. 
Whether property or portions thereof are used for the purposes of the 
World Trade Organization shall be determined within the sole discretion 
of the Secretary of State or the Secretary's designee; (4) with respect 
to section 25(2)(II) regarding approval of orders to leave the United 
States, ``Foreign Minister'' shall mean the Secretary of State or the 
Secretary's designee.
    Sec. 2. In addition and without impairment to the protections 
extended above, having found that the World Trade Organization is a 
public international organization in which the United States 
participates within the meaning of the International Organizations 
Immunities Act, I hereby designate the World Trade Organization as a 
public international organization entitled to enjoy the privileges, 
exemptions, and immunities conferred by that Act, except that section 6 
of that Act, providing exemption from property tax imposed by, or under 
the authority of, any Act of Congress, shall not extend to taxes levied 
on property, or that portion of property, that is not used for the 
purposes of the World Trade Organization. The leasing or renting by the 
World Trade Organization of its property to another entity or person to 
generate revenue shall not be considered a use for the purposes of the 
World Trade Organization. Whether property or portions thereof are used 
for the purposes of the World Trade Organization shall be determined 
within the sole discretion of the Secretary of State or the Secretary's 
designee. This designation is not intended to abridge in any respect 
privileges, exemptions, or immunities that the World Trade Organization 
otherwise enjoys or may acquire by international agreements or by 
congressional action.
                                            William J. Clinton
The White House,
April 9, 1997.

[Filed with the Office of the Federal Register, 8:45 a.m., April 11, 
1997]

Note: This Executive order was published in the Federal Register on 
April 14.