TOPIC: You Are an 'Exempt' International Organization

You Are an 'Exempt' International Organization 7 years 8 months ago #49

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Deleted the text because I didn't post it right.
Last Edit: 7 years 8 months ago by Prettyscriptorian. Reason: Deleted text because it didn't post right.
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You Are an 'Exempt' International Organization 7 years 8 months ago #50

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I was just looking at Section 1 of Public Law 79-291. en.wikisource.org/wiki/Public_Law_79-291
I'm still learning this process to gain more information. I've listened to the calls and most of the updates so far (like one or two updates left to listen to), but I've noticed a couple of things and I'm not seeing or hearing anything so far that address what I note below:

1) Notice this phrase in Section 1 of the Public Law "...the term ‘‘international organization’’ means a public international organization..." (emphasis mine)

Does this mean that declaring yourself to be an International Organization (whether you are or aren't already) means that you are then professing, acknowledging and therefore agreeing to be operating in the "public" side of business rather than "private?" Does it mean that you are swearing to uphold and properly operate in all UCC statues, maritime law and other derivative aspects of the de jure/common law practices instead of the actual de jure/common law practices and or private commerce?

2) Notice the rest of Section 1 of the Public Law "...The President shall be authorized, in the light of the functions performed by any such international organization, by appropriate Executive order to withhold or withdraw from any such organization or its officers or employees any of the privileges, exemptions, and immunities provided for in this title (including the amendments made by this title) or to condition or limit the enjoyment by any such organization or its officers or employees of any such privilege, exemption, or immunity. The President shall be authorized, if in his judgment such action should be justified by reason of the abuse by an international organization or its officers and employees of the privileges, exemptions, and immunities herein provided or for any other reason, at any time to revoke the designation of any international organization under this section, whereupon the international organization in question shall cease to be classed as an international organization for the purposes of this title." (emphasis and italics are mine).

Now then, to me just reading this, it tells me a few things:

  • -The President gets to actually decide whether or not to actually acknowledge you as an international organization (therefore, it's almost like asking for his/the system's permission to operate as such without harassment.)
  • -The President (and therefore his/the systems assigns) can restrict or withdraw any of these privileges or immunities for any reason at any time, thus removing your status correction. (again it seems to me almost like asking for permission and hoping it doesn't get yanked).
  • -Also, elsewhere in the Public Law it states the Secretary of State basically also has the same power in the fact that he/the system can decide at any time for any reason that your international organization is no longer beneficial and therefore your status correction of having declared yourself to be an International Organization (whether you are already one or not), then that status must cease to exist.

I've been afraid to bring this up, because I don't want to look like a "skeptical downer." I just like to be very clear on things and I like to ask lots of questions. Asking lots of questions in the past has saved my bacon many times. So, does anyone else have the same questions or have the same concerns? Does anyone have the answer to my first set of questions? Did anyone else get the same conclusions as this by reading this public law? I'm asking with the sincerest desire of education on the matter. And education never hurts.
Last Edit: 7 years 8 months ago by Prettyscriptorian. Reason: Readability
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You Are an 'Exempt' International Organization 7 years 7 months ago #51

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To Pretty Scriptorian re: Post 439

I've had similar thoughts. This is not 'the' answer, but I'll give you my 'take' on it:

The international organization is in the 'Public' realm as is THE NAME.

THE NAME has a relationship with You (private) which makes it an organization (2 or more) 1 is public, 1 is private. OK fine.

On the presidential approval issue, I saw this immediately. Interpretation of the federal statute makes it pretty clear that such organizations require presidential approval.

If I were presenting myself as an international organization, with this in mind, I would do it this way:

Make the presentment and the prima facie case. As the issuer of the credit, the creditor, the owner of THE NAME and the government, I would act accordingly and put it upon any detractors to prove otherwise.

Nonetheless, this element seems to be of less importance these days with Patrick's recent teachings.

For whatever it's worth....
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