Designation and Determination Under the Foreign Missions Act, 31788 [E9-15818]

Download as PDF 31788 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.12 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–15613 Filed 7–1–09; 8:45 am] BILLING CODE 8010–01–P DEPARTMENT OF STATE [Public Notice 6690] Designation and Determination Under the Foreign Missions Act Pursuant to the authority vested in the Secretary of State by the laws of the United States, including the Foreign Missions Act, 22 U.S.C. 4301 et seq., and delegated by the Secretary to me as one of the President’s principal officers for foreign affairs by Delegation of Authority No. 245–1 of February 13, 2009, and at the direction of the Secretary of State, and after due consideration of the benefits, privileges, and immunities provided to missions of the United States abroad, as well as matters related to the protection of the interests of the United States, and at the request of foreign missions, I hereby designate exemption from real property taxes on property owned by foreign governments and used to house staff of permanent missions to the United Nations or the Organization of American States or of consular posts as a benefit for purposes of the Foreign Missions Act. I further determine that such exemption shall be provided to such foreign missions on such terms and conditions as may be approved by the Office of Foreign Missions and that any state or local laws to the contrary are hereby preempted. Prior inconsistent guidance is hereby rescinded. This action is in accord with the tax treatment of foreign government-owned property in the United States used as residences for staff of bilateral diplomatic missions, see Department of State, Notice: Property Owned by Diplomatic Missions and Used to House the Staff of Those Missions is Exempt from General Property Taxes, 51 FR 27303 (July 30, 1986), and conforms to the general practice abroad of exempting government-owned property used for bilateral or multilateral diplomatic and consular mission housing. This action is necessary to facilitate relations between the United States and foreign states, to protect the interests of the United States, to allow for a more cost effective approach to obtaining benefits for U.S. missions abroad, and to 12 17 CFR 200.30–3(a)(12). VerDate Nov<24>2008 15:35 Jul 01, 2009 Jkt 217001 assist in resolving a dispute affecting U.S. interests and involving foreign governments which assert that international law requires the exemption from taxation of such diplomatic and consular properties. The dispute has become a major irritant in the United States’ bilateral relations and threatens to cost the United States hundreds of millions of dollars in reciprocal taxation. As the largest foreign-government property owner overseas, the United States benefits financially much more than other countries from an international practice exempting staff residences from real property taxes, and it stands to lose the most if the practice is undermined. Responsive measures taken against the United States because of the dispute also have impeded significantly the State Department’s ability to implement urgent and congressionally mandated security improvements to our Nation’s diplomatic and consular facilities abroad, imposing unacceptable risks to the personnel working in those facilities. This action will allow the United States to press forward with improvements that will protect those who represent the Nation’s interests abroad. The exemption from real property taxes provided by this designation and determination shall apply to taxes that have been or will be assessed against any foreign government with respect to property subject to this determination, and shall operate to nullify any existing tax liens with respect to such property, but shall not operate to require refund of any taxes previously paid by any foreign government regarding such property. These actions are not exclusive and are independent of alternative legal grounds that support the tax exemption afforded herein. June 23, 2009. Jacob J. Lew, Deputy Secretary of State for Management and Resources, Department of State. [FR Doc. E9–15818 Filed 7–1–09; 8:45 am] BILLING CODE 4710–43–P DEPARTMENT OF STATE [Public Notice 6689] In the Matter of the Designation of Kata’ib Hizballah (and Other Aliases) as a Foreign Terrorist Organization Pursuant to Section 219 of the Immigration and Nationality Act, as Amended Based upon a review of the Administrative Record assembled in this matter, and in consultation with the PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 Attorney General and the Secretary of the Treasury, I conclude that there is a sufficient factual basis to find that the relevant circumstances described in section 219 of the Immigration and Nationality Act, as amended (hereinafter ‘‘INA’’) (8 U.S.C. 1189), exist with respect to Kata’ib Hizballah (and other aliases). Therefore, I hereby designate that organization and its aliases as a foreign terrorist organization pursuant to section 219 of the INA. This determination shall be published in the Federal Register. Dated: June 24 2009. James Steinberg, Deputy Secretary of State, Department of State. [FR Doc. E9–15661 Filed 7–1–09; 8:45 am] BILLING CODE 4710–10–P DEPARTMENT OF STATE [Public Notice 6688] In the Matter of the Designation of Kata’ib Hizballah (and Other Aliases) as a Specially Designated Global Terrorist Pursuant to Section 1(b) of Executive Order 13224, as Amended Acting under the authority of and in accordance with section 1(b) of Executive Order 13224 of September 23, 2001, as amended by Executive Order 13268 of July 2, 2002, Executive Order 13284 of January 23, 2003, and Executive Order 13372 of February 16, 2005, I hereby determine that the organization known as Kata’ib Hizballah (and other aliases) has committed, or poses a significant risk of committing, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United States. Consistent with the determination in section 10 of Executive Order 13224 that ‘‘for those persons * * * determined to be subject to the order who might have a constitutional presence in the United States * * * prior notice to such persons of measures to be taken pursuant to this order would render these measures ineffectual,’’ I determine that no prior notice needs to be provided to any person subject to this determination who might have a constitutional presence in the United States, because to do so would render ineffectual the measures authorized in the Order. This notice shall be published in the Federal Register. E:\FR\FM\02JYN1.SGM 02JYN1

Agencies

[Federal Register Volume 74, Number 126 (Thursday, July 2, 2009)]
[Notices]
[Page 31788]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15818]


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DEPARTMENT OF STATE

[Public Notice 6690]


Designation and Determination Under the Foreign Missions Act

    Pursuant to the authority vested in the Secretary of State by the 
laws of the United States, including the Foreign Missions Act, 22 
U.S.C. 4301 et seq., and delegated by the Secretary to me as one of the 
President's principal officers for foreign affairs by Delegation of 
Authority No. 245-1 of February 13, 2009, and at the direction of the 
Secretary of State, and after due consideration of the benefits, 
privileges, and immunities provided to missions of the United States 
abroad, as well as matters related to the protection of the interests 
of the United States, and at the request of foreign missions, I hereby 
designate exemption from real property taxes on property owned by 
foreign governments and used to house staff of permanent missions to 
the United Nations or the Organization of American States or of 
consular posts as a benefit for purposes of the Foreign Missions Act. I 
further determine that such exemption shall be provided to such foreign 
missions on such terms and conditions as may be approved by the Office 
of Foreign Missions and that any state or local laws to the contrary 
are hereby preempted. Prior inconsistent guidance is hereby rescinded. 
This action is in accord with the tax treatment of foreign government-
owned property in the United States used as residences for staff of 
bilateral diplomatic missions, see Department of State, Notice: 
Property Owned by Diplomatic Missions and Used to House the Staff of 
Those Missions is Exempt from General Property Taxes, 51 FR 27303 (July 
30, 1986), and conforms to the general practice abroad of exempting 
government-owned property used for bilateral or multilateral diplomatic 
and consular mission housing.
    This action is necessary to facilitate relations between the United 
States and foreign states, to protect the interests of the United 
States, to allow for a more cost effective approach to obtaining 
benefits for U.S. missions abroad, and to assist in resolving a dispute 
affecting U.S. interests and involving foreign governments which assert 
that international law requires the exemption from taxation of such 
diplomatic and consular properties. The dispute has become a major 
irritant in the United States' bilateral relations and threatens to 
cost the United States hundreds of millions of dollars in reciprocal 
taxation. As the largest foreign-government property owner overseas, 
the United States benefits financially much more than other countries 
from an international practice exempting staff residences from real 
property taxes, and it stands to lose the most if the practice is 
undermined. Responsive measures taken against the United States because 
of the dispute also have impeded significantly the State Department's 
ability to implement urgent and congressionally mandated security 
improvements to our Nation's diplomatic and consular facilities abroad, 
imposing unacceptable risks to the personnel working in those 
facilities. This action will allow the United States to press forward 
with improvements that will protect those who represent the Nation's 
interests abroad.
    The exemption from real property taxes provided by this designation 
and determination shall apply to taxes that have been or will be 
assessed against any foreign government with respect to property 
subject to this determination, and shall operate to nullify any 
existing tax liens with respect to such property, but shall not operate 
to require refund of any taxes previously paid by any foreign 
government regarding such property. These actions are not exclusive and 
are independent of alternative legal grounds that support the tax 
exemption afforded herein.

    June 23, 2009.
Jacob J. Lew,
Deputy Secretary of State for Management and Resources, Department of 
State.
[FR Doc. E9-15818 Filed 7-1-09; 8:45 am]
BILLING CODE 4710-43-P