Designation of Interpol as a Public International Organization Under the International Organizations Immunities Act

Headnotes: 

The International Criminal Police Organization, INTERPOL, qualifies for designation by the President as a “public international organization” under the International Organizations Immunities Act, 22 U.S.C. § 288 (IOIA), entitled to enjoy certain privileges, exemptions, and immunities under United States law. INTERPOL is composed exclusively of states as members and the United States participates in INTERPOL pursuant to statutory authority.

Statutory protection is limited to international organizations that can demonstrate a particularized need for such protection. INTERPOL’S contacts with the United States are sufficient to demonstrate a need for protection, notwithstanding its lack of an office and permanent staff in the United States. Because INTERPOL does not have an office or staff in the United States, however, several of the specific privileges, exemptions and immunities available under the IOIA may be inapplicable. In an executive order designating INTERPOL as a public international organization, the President could limit the privileges, exemptions, and immunities accorded to INTERPOL to those necessary to carry out its essential functions in the United States.

Updated July 9, 2014