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12 JAM v. INTERNATIONAL FINANCE CORP. Opinion of the Court eign immunity. /bid. We do not agree. The delegation provision is most naturally read to allow the President to modify, on a case-by-case basis, the immunity rules that would other- wise apply to a particular international organization. The statute authorizes the President to take action with re- spect to a single organization—“any such organization” — in light of the functions performed by “such organization.” 28 U.S.C. §288. The text suggests retail rather than wholesale action, and that is in fact how authority under §288 has been exercised in the past. See, e.g., Exec. Order No. 12425, 3 CFR 198 (1984) (designating INTERPOL as an international organization under the IOIA but with- holding certain privileges and immunities); Exec. Order No. 11718, 8 CFR 177 (1974) (same for INTELSAT). In any event, the fact that the President has power to modify otherwise applicable immunity rules is perfectly compati- ble with the notion that those rules might themselves change over time in light of developments in the law gov- erning foreign sovereign immunity. The D. C. Circuit in Atkinson also gave no consideration to the opinion of the State Department, whose views in this area ordinarily receive “special attention.” Bolivarian Republic of Venezuela v. Helmerich & Payne Int'l. Drilling Co., 581 U.S. __, ___ (2017) (slip op., at 9). Shortly after the FSIA was enacted, the State Department took the position that the immunity rules of the IOIA and the FSIA were now “link[ed].” Letter from Detlev F. Vagts, Office of the Legal Adviser, to Robert M. Carswell, Jr., Senior Legal Advisor, OAS, p.2 (Mar. 24, 1977). The Department reaffirmed that view during subsequent administrations, and it has reaffirmed it again here.2 That longstanding 2See Letter from Roberts B. Owen, Legal Adviser, to Leroy D. Clark, Gen. Counsel, EEOC (June 24, 1980) in Nash, Contemporary Practice of the United States Relating to International Law, 74 Am. J. Int'l. L. 917, HOUSE_OVERSIGHT_028554

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Filename HOUSE_OVERSIGHT_028554.jpg
File Size 0.0 KB
OCR Confidence 85.0%
Has Readable Text Yes
Text Length 2,050 characters
Indexed 2026-02-04T17:04:15.292111

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