Foreign policy and sanctions

Executive Order 13377: Designating the African Union as a Public International Organization Entitled To Enjoy Certain Privileges, Exemptions, and Immunities

President: George W. Bush

Designated the African Union as an international organization under U.S. immunities law and revoked the predecessor designation.

Status: In effect. Is Executive Order 13377 still in effect? Yes. Executive Order 13377 remains in effect. See Federal Register record.

What does Executive Order 13377 do?

EO 13377 designated the African Union for IOIA privileges, exemptions and immunities and revoked EO 11767. The designation did not remove separate privileges available under other law. Congress added authority for privileges for the African Union Mission under 22 U.S.C. 288f-2(b), and EO 13444 in September 2007 separately extended diplomatic-mission privileges to that mission and its members, subject to conditions.

Administration position: The designation recognized the African Union under the IOIA and replaced the old Organization of African Unity order.
SignedApril 13, 2005
Earlier frameworkThe International Organizations Immunities Act permits presidential designation; the earlier EO 11767 concerned the Organization of African Unity.
Responsible bodyAfrican Union and its U.S. mission
Later primary evidenceSeptember 12, 2007: Congress added authority for privileges for the African Union Mission under 22 U.S.C. 288f-2(b), and EO 13444 in September 2007 separately extended diplomatic-mission privileges to that mission and its members, subject to conditions.

Before and after

Before the order

The International Organizations Immunities Act permits presidential designation; the earlier EO 11767 concerned the Organization of African Unity.

After the order

EO 13377 designated the African Union for IOIA privileges, exemptions and immunities and revoked EO 11767. The designation did not remove separate privileges available under other law.

Congress added authority for privileges for the African Union Mission under 22 U.S.C. 288f-2(b), and EO 13444 in September 2007 separately extended diplomatic-mission privileges to that mission and its members, subject to conditions.

What did the signed order change?

The International Organizations Immunities Act permits presidential designation; the earlier EO 11767 concerned the Organization of African Unity. EO 13377 designated the African Union for IOIA privileges, exemptions and immunities and revoked EO 11767. The designation did not remove separate privileges available under other law.

What happened later?

EO 13444 — African Union Mission privileges documents this later development: Congress added authority for privileges for the African Union Mission under 22 U.S.C. 288f-2(b), and EO 13444 in September 2007 separately extended diplomatic-mission privileges to that mission and its members, subject to conditions.

What does that evidence establish?

EO 13377 designates the organization under the IOIA; EO 13444 later concerns the African Union Mission and its members under separately enacted authority. Those are distinct legal grants. The 2005 designation alone did not grant every later mission-level diplomatic privilege. The signed order controls its original terms.

Who had to do what

Agency / officeActionTiming / position
African Union and its U.S. missionOperated within the respective statutory and executive privilegesUnder the signed order and governing law

What happened next

EO 13377 signed.

Congress added authority for privileges for the African Union Mission under 22 U.S.C. 288f-2(b), and EO 13444 in September 2007 separately extended diplomatic-mission privileges to that mission and its members, subject to conditions.