(b) Representatives of foreign governments in or to international organizations and officers and employees of such organizations shall be immune from suit and legal process relating to acts performed by them in their official capacity and falling within their functions as such representatives, officers, or employees except insofar as such immunity may be waived by the foreign government or international organization concerned.Since Reagan was quite concerned about US sovereignty, this seems strange. According to the Beaufort Observer, INTERPOL was subject to the same oversight as the FBI and other law enforcement agencies, with no immunity. They claim this new executive order grants immunity:
Here's the background.Generally, foreign military and police organizations are restricted from operating in the United States without oversight by the CIA, FBI, Departments of Defense, State, Homeland Security or though some other arrangement that makes such operations subject to U. S. authority. In 1983, President Ronald Reagan signed Executive Order 12425 that allowed the International Criminal Police Organization (INTERPOL) to operate in the United States but generally subject to the same laws that restrict CIA, FBI and other Federal, state and local law enforcement agencies. Specifically, INTERPOL agents were not immune from being prosecuted for violating American laws.
One of those laws is 42 U.S.C. § 1983 which prohibits law enforcement authorities from violating an American's constitutionally protected rights. Presumably, that does not apply to INTERPOL as a result of this Executive Order President Obama has just signed.
The effect of Obama's amendment is to give them immunity from violating any American law. Agents of INTERPOL will now presumably have the same protection that foreign diplomats have while in this country.
At a minimum, there's considerable confusion swirling around this issue. I'm hoping for some real clarification soon. If nothing else, having INTERPOL be immune from FOIA requests is wrong, and another example of 0 rhetoric versus reality. "Most transparent administration in history" - my eye!
It is very confusing dealing with the EO and two separate international agreements that the US is party too.
We need clarification from someone who actually knows. It is confusing.
I can only hope that the President doesn’t sign the Rome Statute/ICC ... that I believe would be a nail in his political coffin for a vast majority of voters.
First, let me preface this by saying I am an attorney, and I have had the opportunity to be stationed overseas where I enjoyed some limited immunity, like Reagan and Obama have extended to foreign nationals working in an official capacity. There's not a lot that's strange or unique about it. MANY foreign nations give our own FBI, NCIS CID and other federal investigative agencies very similar immunity in their own respective countries. And, sometimes these are immunities that these agents DON'T enjoy while working in the official capacity back in the states.
Furthermore, that Beaufort Observer post is laced with inaccuracies. Obama's EO, nor Reagan's EO gives INTERPOL the authority to execute warrantless searches, or to seize evidence or items. That's a ridiculous statement. These limited grants of immunity are for personal protection against civil lawsuits - very much like the protection granted to our Federal judiciary, and federal prosecutors. While it's not technically diplomatic immunity, it is a kind of or de facto diplomatic immunity; an extension of diplomatic immunity extended as a courtesy in furtherance of intentional anti-crime and anti-terror cooperation.
I did prefer the language Reagan used because it did allow for much more transparency with respect to INTERPOL's operation on US soil. Obama's EO seems to cloud, at least to some degree, that transparency. Neither EO, Obama's nor Reagan's, extends any privilege to INTERPOL that hasn't already been made allowable under 22 U.S.C. 288.
Some of this "drama" stems from the fact that most people have a very limited understanding of the power of Executive Orders (like the author of this Observer piece). Some EO do have the full force of law, others are only administrative orders that impact the Executive Branch. No President, Obama included, could grant such sweeping (or limited) immunity without Congress first ceding such authority in previously passed legislation - in this case, that authority was ceded in International Organizations Immunities Act from (I think) 1945 or 1946.