Executive Order 11318—Designating the European Space Research Organization as a Public International Organization Entitled to Enjoy Privileges, Exemptions, and Immunities

By virtue of the authority vested in me by Sections 1 and 11 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288), as amended by Public Law 89-353 (80 Stat. 5), I hereby designate the European Space Research Organization (ESRO) 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 paragraphs 6 and 7 of the Agreement between the United States and the European Space Research Organization effected by an Exchange of Notes at Paris, dated November 28, 1966, a copy of which paragraphs are annexed hereto and made a part of this Order.

LYNDON B. JOHNSON

The White House

December 5, 1966

STATUS OF ESRO

6. ESRO shall, to the extent consistent with the instrument creating it, possess the capacity in the United States to contract, to acquire and dispose of real and personal property, and to institute legal proceedings.

PRIVILEGES AND IMMUNITIES

7. ESRO and its personnel shall be accorded the status, privileges, exemptions and immunities indicated in the following sub-paragraphs:

A. Customs Duties. The United States will, upon request, take the necessary measures to facilitate the admission into the United States of material, equipment, supplies, goods or other items imported by or for the account of ESRO in connection with the station and ESRO programs. Such shipments shall be accorded such exemption from customs duties and internal-revenue taxes imposed upon or by reason of importation, and such procedures in connection therewith, as are accorded under similar circumstances to foreign governments.

B. Title to Property. Title to all materials, equipment or other items of property used in connection with the station and ESRO programs will remain in ESRO. Material, equipment, supplies, goods or other property of ESRO may be removed from the United States at any time by ESRO free of taxes or duties.

C. Inviolability and Immunity from Search. The archives of ESRO shall be inviolable. The property and assets of ESRO shall, subject to police and health regulations, and applicable United States regulations with regard to radio station inspections, be immune from search, unless ESRO expressly waives such immunity, and from confiscation.

D. Judicial Immunity. ESRO, its property and assets, shall enjoy the same immunity from suit and every form of judicial process as is enjoyed by foreign governments, except to the extent that ESRO may expressly waive its immunity for the purpose of any proceedings or by the terms of any contract.

E. Other Privileges of ESRO. ESRO shall be exempt from the following taxes levied by the United States: federal income tax; federal communications taxes on telephone, telegraph and teletype services in connection with the operation of the station; and federal tax on tickets for air transport of ESRO officers and employees which are purchased by ESRO or ESRO officers and employees in connection with official travel to and from the station.

F. Privileges of Personnel. The United States will facilitate the admission into the United States of such ESRO officers and employees and their families, as may be assigned to or visit the station. ESRO and its officers and employees shall have the same privileges and immunities as those accorded by the United States to officers and employees of foreign governments with respect to laws regulating entry into and departure from the United States, alien registration and fingerprinting, and registration of foreign agents. Officers and employees so assigned shall not exceed in number those necessary for the construction and effective operation of the station. ESRO will communicate their names to the United States in advance of entry.

Baggage and effects of ESRO officers and employees assigned to the station may be admitted, when imported in connection with the arrival of the owner, into the United States, and may be removed from the United States free of customs duties and internal-revenue taxes imposed upon or by reason of importation. Such effects having a significant value shall be sold or otherwise disposed of in the United States only under conditions approved by the United States. Such ESRO personnel shall be exempt from the payment of United States income tax and federal insurance contributions on wages and expenses paid by ESRO. The privileges and immunities set forth in this subparagraph shall not apply to citizens of the United States or foreign nationals admitted into the United States for permanent residence. However, officers and employees of ESRO, whatever their nationality, shall be immune from suit and legal process relating to acts performed by them in their official capacity and falling within their functions except insofar as such immunity may be waived by ESRO.