Executive Order 11283—Designating the International Cotton Institute as a Public International Organization Entitled to Enjoy Certain Privileges, Exemptions, and Immunities

By virtue of the authority vested in me by Section 1 of the International Organizations Immunities Act (22 U.S.C. 288), and having found that the United States participates in the International Cotton Institute pursuant to the Articles of Agreement of International Cotton Institute, entered into under the authority of Section 104 of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704), I hereby designate the International Cotton Institute as a public international organization entitled to enjoy those privileges, exemptions, and immunities provided for by the International Organizations Immunities Act which are described in Article VI of the Articles of Agreement of International Cotton Institute (TIAS 5964), a copy of which is annexed hereto and made a part of this Order.

LYNDON B. JOHNSON

The White House

May 27, 1966

ARTICLE VI. STATUS, IMMUNITIES, AND PRIVILEGES

SECTION 1. Purposes of Article.

To enable the Institute to fulfill the functions with which it is entrusted, the status, immunities, and privileges set forth in this article shall be accorded to the Institute in the territories of each member in which it operates or has assets.

SECTION 2. Status of the Institute.

The Institute shall possess full juridical personality, including but not limited to the capacity—

(i) to contract;

(ii) to acquire and dispose of real and personal property; and

(iii) to institute legal proceedings.

SECTION 3. Position of the Institute with regard to judicial process.

The Institute and its property and assets, wherever located and by whomsoever held, shall enjoy the same immunity from suit and every form of judicial process as is enjoyed by foreign governments except that actions may be brought by persons, other than members of persons acting for or deriving claims from members, against the Institute in a court of competent jurisdiction in the territories of a member in which the Institute has an office or in a country in which the Institute has appointed an agent for the purpose of accepting service or notice of process or as may otherwise be authorized by the General Assembly or by the terms of any contract to which the Institute is a party. In any such action, the Institute's property and assets shall be immune from all forms of seizure, attachment, or execution before delivery of final judgment against the Institute unless such immunity is expressly waived.

SECTION 4. Immunity of assets from seizure.

Property and assets of the Institute,, wherever located and by whomsoever held, shall be immune from search, and from confiscation.

SECTION 5. Immunity of archives.

The archives of the Institute shall be inviolable.

SECTION 6. Privilege of Communications.

With respect to official communications between the Institute and its members or between the Institute and other governments, the Institute shall be accorded by each member the same privileges, exemptions, and immunities that such member accords under similar circumstances to official communications of foreign governments.

SECTION 7. Immunities and privileges of member representatives and officers and employees.

(a) Persons designated by members to serve as their representatives in the General Assembly and officers and employees of the Institute shall be immune from legal process relating to acts performed by them in their official capacity and falling within their functions as such representatives, officers, or employees.

(b) Persons who are not local nationals and who are designated by members to serve as their representatives in the General Assembly or are officers or employees of the Institute, or are members of their immediate families residing with such representatives, officers, or employees, shall be accorded by each member the same immunities from immigration restrictions, and alien registration requirements, and the same facilities as regards exchange restrictions, as are accorded under similar circumstances by that member to the officers and employees and members of their families, respectively, of other members.

(c) Persons who are not citizens or permanent residents and who are designated by members to serve as their representatives in the General Assembly or are full time officers or employees of the Institute, or are members of their immediate families residing with such representatives, full time officers, or employees, shall be exempted from national service obligations.

(d) Notwithstanding the other provisions of this Agreement, if a member determines that the entry or continued presence in its territory of any person entitled to the benefits of this Agreement is not desirable, that member shall so inform the Institute. After such notification to the Institute, entry for that person may be denied, or in the case of a person who has already entered the territory of the member concerned, that member's obligations under this Agreement with respect to such person shall cease after such person shall have had a reasonable length of time, to be determined by that member, to depart from its territory.

SECTION 8. Immunities from taxation.

The Institute shall be accorded by each member the privileges, exemptions, and immunities concerning customs duties and taxes imposed upon or by reason of importation and the procedures in connection therewith as that member accords to foreign governments under similar circumstances. The Institute, its assets, property, and income, and its communications and transportation incident to its operations authorized by this agreement, shall also be immune from all taxation by the central governments of participating members.

SECTION 9. Waiver.

The General Assembly may waive any of the privileges and immunities conferred under this article to such extent and upon such conditions as it may determine.