TN 37 (11-06)

RS 01901.400 Employee of a Foreign Government, Instrumentalities of a Foreign Government, and International Organizations


Sections 210(a)(11) , (12) and (15) of the Social Security Act;
22 USC 288;
Regulation No.4, Secs. 404.1032 , 404.1033 and 404.1034 .

A. Policy

1. Foreign Government

Service performed for a foreign government is excepted from employment.

2. Instrumentalities of Foreign Government

Service performed for an instrumentality of a foreign government is excepted from employment when:

  • the employer is wholly owned by the foreign government;

  • the service is similar to that done in foreign countries by employees of the U.S. government or of a U.S. instrumentality; and

  • the Secretary of State certifies to the Secretary of the Treasury that the foreign government or instrumentality grants an equivalent exemption for similar work performed in the foreign country by employees of the U.S. Government or instrumentality.

3. International Organizations

Service performed for an international organization is excepted from employment when:

  • the organization is a public international organization in which the U.S. participates under treaty or congressional authorization;

  • the organization has been designated by presidential order for privileges, exemptions, and immunities provided in the International Organizations Immunities Act; and

  • the designation is still in effect and all conditions and limitations in the designation are met.

4. Coverage of U.S. Citizens

A U.S. citizen employed in the U.S. by a foreign government, its instrumentality, or an international organization, is deemed to be self-employed. (RS 01802.050)

B. List of Excepted International Organizations

The following is a list of International Organizations for which work is excepted from coverage:

  • African Development Bank

  • African Development Fund

  • African Union

  • Asian Development Bank

  • Border Environment Cooperation Commission

  • Caribbean Organization

  • Commission for Environmental Cooperation

  • Commission for Labor Cooperation

  • Commission for the Study of Alternatives to the Panama Canal

  • Commission of European Communities

  • Council of Europe in Respect of the Group of States Against Corruption (GRECO)

  • Customs Cooperation Council

  • European Bank for Reconstruction and Development

  • European Central Bank

  • European Space Agency

  • Food and Agriculture Organization

  • Global Fund to Fight AIDS, Tuberculosis and Malaria

  • Hong Kong Economic and Trade Offices

  • Inter-American Defense Board

  • Inter-American Development Bank

  • Inter-American Institute of Agricultural Sciences

  • Inter-American Investment Corporation

  • Inter-American Statistical Institute

  • Intergovernmental Committee for European Migration

  • Intergovernmental Maritime Consultative Organization

  • International Atomic Energy Agency

  • International Bank for Reconstruction and Development

  • International Boundary and Water Commission - U.S. and Mexico

  • International Centre for Settlement of Investment Disputes

  • International Civil Aviation Organization

  • International Coffee Organization

  • International Committee of the Red Cross

  • International Cotton Advisory Committee

  • International Cotton Institute

  • International Development Association

  • International Development Law Institute

  • International Fertilizer Development Center

  • International Finance Corporation

  • International Food Policy Research Institute (limited privileges)

  • International Fund for Agricultural Development

  • International Hydrographic Bureau

  • International Joint Commission - U.S. and Canada

  • International Labor Organization

  • International Maritime Satellite Organization

  • International Monetary Fund

  • International Secretariat for Volunteer Service

  • International Telecommunication Union

  • International Telecommunications Satellite Organization (INTELSAT)

  • International Union for Conservation of Nature and Natural Resources

  • International Wheat Advisory Committee (International Wheat Council)

  • Interparliamentary Union

  • Israel-U.S. Binational Industrial Research and Development Foundation

  • Korean Peninsula Energy Development Organization

  • Multinational Force and Observers

  • Multilateral Investment Guarantee Agency

  • North American Development Bank

  • North Pacific Anadromous Fish Commission

  • North Pacific Marine Science Organization

  • Organization for Economic Cooperation and Development

  • Organization for the Prohibition of Chemical Weapons

  • Organization of African Unity (OAU)

  • Organization of American States (includes Pan American Union)

  • Organization of Eastern Caribbean States

  • Pacific Salmon Commission

  • Pan American Health Organization (includes Pan American Sanitary Bureau)

  • Preparatory Commission of the International Atomic Energy Agency

  • South Pacific Commission

  • United International Bureau for the Protection of Intellectual Property (BIRPI)

  • United Nations

  • United Nations Educational, Scientific and Cultural Organization (UNESCO)

  • United Nations Industrial Development Organization

  • United States-Mexico Border Health Commission

  • Universal Postal Union

  • World Health Organization

  • World Intellectual Property Organization

  • World Meteorological Organization

  • World Tourism Organization

  • World Trade Organization

C. List of Non-Excepted International Organizations

The following is a list of International Organizations for which work is not excepted from coverage:

  • Great Lakes Fishery Commission

  • Inter-American Tropical Tuna Commission

  • International Criminal Police Organization (INTERPOL)

  • International Pacific Halibut Commission

D. Procedure

If an organization is not listed in RS 01901.400B. or RS 01901.400C., ask the RO to contact OISP, Office of Earnings and Program Integrity Policy. Explain why the determination is necessary.

To Link to this section - Use this URL:
RS 01901.400 - Employee of a Foreign Government, Instrumentalities of a Foreign Government, and International Organizations - 10/31/2008
Batch run: 07/03/2014