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CHAPTER 14
INTERNATIONAL ORGANIZATIONS (IMMUNITIES AND PRIVILEGES)

ARRANGEMENT OF SUBSIDIARY LEGISLATION

PART I

Subsidiary Legislation made under the International Development Association Act, 1960 ( 8 & 9 Eliz. 2 c. 35) of the United Kingdom

SECTION 3

                            International Development Association Order, 1960.

 

PART II

Subsidiary Legislation made under the International Organizations (Immunities and Privileges) Act (Chapter 14)

SECTION 3

                            International Organizations (Immunities and Privileges of the International Telecommunication Satellite Organization) Order, 1990.

                            International Organizations (Immunities and Privileges of the Organization of American States) Order, 1997.

                            International Organizations (Immunities and Privileges of the Inter-American Development Bank) Order, 1999.

 

  SECTION 3(2)

                            Diplomatic Privileges (International Court of Justice) Order

                            Diplomatic Privileges (International Labour Organisation) Order

                            Diplomatic Privileges (Food and Agriculture Organisation) Order

                            Diplomatic Privileges (International Civil Aviation Organisation) Order

                            Diplomatic Privileges (United Nations Educational, Scientific and Cultural Organisation) Order

                            Diplomatic Privileges (International Refugee Organisation) Order

                            Diplomatic Privileges (World Health Organisation) Order

                            International Organisations (Immunities and Privileges of the Universal Postal Union) Order

                            International Organisations (Immunities and Privileges of the World Meteorological Organisation) Order

                            International Organisations (Immunities and Privileges of the International Telecommunication Union) Order

                            International Organisations (Immunities and Privileges of the United Nations) Order

 

CHAPTER 14

INTERNATIONAL ORGANIZATIONS (IMMUNITIES AND PRIVILEGES)

PART I

Subsidiary Legislation under the International Development Association Act, 1960 (8 & 9 Eliz. 2 c. 35) of the United Kingdom

S.I. 1960 No. 1383

DIPLOMATIC AND INTERNATIONAL IMMUNITIES AND PRIVILEGES

INTERNATIONAL DEVELOPMENT ASSOCIATION ORDER, 1960

Laid before Parliament in draft
Made 3rd August, 1960
Coming into operation: On a date to be notified
in the London Gazette
[i]

At the Court at Buckingham Palace, the 3rd day of August, 1960

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section three of the International Development Association Act, 1960 [ii], and of all other powers enabling Her in that behalf is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows-

1. (1) This Order may be cited as the International Development Association Order, 1960.

Short title and commencement.

(2) This Order shall come into operation on the date on which Her Majesty's Government in the United Kingdom becomes a member of the Association, which date shall be notified in the London Gazette.[iii]

2. (1) In this Order "the Agreement" and "the Association" have the same meanings respectively as in the International Development Association Act, 1960.

Interpretation.

(2) The Interpretation Act, 1889 [iv], shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

3. The provisions of the Agreement set out in the Schedule to this Order shall have the force of law:

Agreement to have force of law.

Provided that nothing in Section 9 of Article VIII of the Agreement shall be construed as-

(a)
entitling the Association to import goods free of customs duty without any restriction on their subsequent sale in the country to which they were imported; or
(b)
conferring on the Association any exemption from duties or taxes which form part of the price of goods sold; or
(c)
conferring on the Association any exemption from duties or taxes which are in fact no more than charges for services rendered.

4. This Order shall extend to all parts of Her Majesty's dominions (other than Canada, Australia, New Zealand, the Union of South Africa and Ceylon, and any territory administered by the Government of any of those countries) and, to the extent that Her Majesty has jurisdiction therein, to all other territories for whose foreign relations Her Majesty's Government in the United Kingdom is responsible:

Application.

Provided that if, whether before or after the passing of the International Development Association Act, 1960, and whether before or after the coming into operation of this Order, effect is given by or under the law of any such part of Her Majesty's dominions or other territory to any provision of the Agreement set out in the Schedule to this Order, this Order, so far as it gives effect to that provision, shall not extend to that part of Her Majesty's dominions or other territory in respect of any period for which effect is so given to that provision.

W. G. Agnew.

SCHEDULE

PROVISIONS OF THE AGREEMENT AS TO STATUS, IMMUNITIES AND PRIVILEGES

ARTICLE VIII

STATUS, IMMUNITIES AND PRIVILEGES

2. The Association shall possess full juridical personality and, in particular, the capacity:

Status of the Association.

(i)
to contract;
(ii)
to acquire and dispose of immovable and movable property;
(iii)
to institute legal proceedings.

3. Actions may be brought against the Association only in a court of competent jurisdiction in the territories of a member in which the Association has an office, has appointed an agent for the purpose of accepting service or notice of process, or has issued or guaranteed securities. No actions shall, however, be brought by members or persons acting for or deriving claims from members. The Property and assets of the Association shall wheresoever located and by whomsoever held, be immune from all forms of seizure, attachment or execution before the delivery of final judgment against the Association.

Position of the Association with Regard to Judicial Process.

4. Property and assets of the Association, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation or any other form of seizure by executive or legislative action.

Immunity of Assets from Seizure.

5. The archives of the Association shall be inviolable.

Immunity of Archives.

6. To the extent necessary to carry out the operations provided for in this Agreement and subject to the provisions of this Agreement, all property and assets of the Association shall be free from restrictions, regulations, controls and moratoria of any nature.

Freedom of Assets from Restrictions.

*      *      *      *      *      *

8. All Governors, Executive Directors, Alternates, officers and employees of the Association:

Immunities and Privileges of Officers and Employees.

(i)
shall be immune from legal process with respect to acts performed by them in their official capacity except when the Association waives this immunity....

9.(a)
The Association, its assets, property, income and its operations and transactions authorised by this Agreement, shall be immune from all taxation and from all customs duties. The Association shall also be immune from liability for the collection or payment of any tax or duty.

Immunities from Taxation.

(b)
No tax shall be levied on or in respect of salaries and emoluments paid by the Association to Executive Directors, Alternates, officials or employees of the Association who are not local citizens, local subjects, or other local nationals.
(c)
No taxation of any kind shall be levied on any obligation or security issued by the Association (including any dividend or interest thereon) by whomsoever held
(i)
which discriminates against such obligation or security solely because it is issued by the Association; or
(ii)
if the sole jurisdictional basis for such taxation is the place or currency in which it is issued, made payable or paid, or the location of any office or place of business maintained by the Association.
(d)
No taxation of any kind shall be levied on any obligation or security guaranteed by the Association (including any dividend or interest thereon) by whomsoever held
(i)
which discriminates against such obligation or security solely because it is guaranteed by the Association; or
(ii)
if the sole jurisdictional basis for such taxation is the location of any office or place of business maintained by the Association.

PART II

Subsidiary Legislation under the International Organizations
(Immunities and Privileges) Act (Chapter 14)

 

INTERNATIONAL ORGANIZATIONS (IMMUNITIES AND PRIVILEGES OF THE INTERNATIONAL TELECOMMUNICATION SATELLITE ORGANIZATION) ORDER, 1990

 

S.I. 30/1990

(SECTION 3)

[Commencement 8th June, 1990]

1. This Order may be cited as The International Organizations (Immunities and Privileges of the International Telecommunication Satellite Organization) Order, 1990.

Citation.

2. The International Telecommunication Satellite Organization (in this Order referred to as "the Organization") is an Organization of which the Government of The Bahamas and the governments of foreign sovereign Powers are members.

The Organization.

3. (1) The Organization shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process.

Legal capacity.

(2) No waiver of immunity shall be deemed to extend to any measure of execution.

4. The Organization shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign Power accredited to Her Majesty.

Official archives and premises.

5. The Organization shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign Power.

Relief from taxes.

6. The Organization shall have exemption from taxes on the importation of goods directly imported by the Organization for its official use in The Bahamas or for exportation, or on the importation of any publications of the Organization directly imported by it, such exemption to be subject to compliance with such conditions as the Comptroller of Customs may prescribe for the protection of the revenue.

Exemption from taxes.

7. The Organization shall have exemption from prohibitions and restrictions on importation or exportation in the case of communications satellites, their components or parts or other goods used in connection therewith and directly imported or exported by the Organization for its official use and in the case of any publications of the organization directly imported or exported by it.

Importation of goods.

8. The Organization shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside The Bahamas), of any reduced rates applicable for the corresponding service in the case of press telegrams.

Reduced rates on telegrams.

9. (1) Except in so far as in any particular case any privilege or immunity is waived by the governments whom they represent, representatives of Parties, representatives of Signatories and persons participating in Arbitration Proceedings shall in the exercise of their functions and during their journeys to and from the place of meeting enjoy-

Immunities and privileges of representatives of members.

(a)
the like immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Her Majesty;
(b)
the like exemption or relief from taxes as is accorded to such an envoy;
(c)
the like inviolability of residence as is accorded to such an envoy;

(2) For the purposes of the application of this Order, the expression "representatives" shall be deemed to include, in addition to the representatives, the following members of their official staffs accompanying them as such representatives-

(a)
heads of delegations;
(b)
alternate representatives;
(c)
advisers;

and Part IV of the Schedule to the Act shall not operate so as to confer privileges or immunities on the staffs of representatives other than on those persons falling within the above-mentioned descriptions.

(3) The provisions in the preceding paragraphs of this Order shall not confer any immunity or privilege on any persons the representative of the Government of The Bahamas or as a member of the staff of such representative or on any person who is a citizen of the Commonwealth of The Bahamas.

10. Except in so far as in any particular case any privilege or immunity is waived by the Organization, the Director General of the Organization (including any officer acting for him during his absence from duty) shall be accorded in respect of himself, his spouse and his children under the age of twenty-one, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than income tax, as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, his spouse and children, and exemption from income tax in respect of emoluments received by him as an officer of the Organization.

High officials.

11. Except in so far as in any particular case any privilege or immunity is waived by the Organization, persons employed by the Organization shall enjoy-

Other officials.

(a)
immunity from suit or legal process in respect of words spoken or written and acts done by them in the course of the performance of their official duties;
(b)
inviolability of all papers and documents relating to the work of the Organization;
(c)
exemption from income tax in respect of emoluments received by them as officers or servants of the Organization.

12. The names of the persons to whom the provisions of paragraphs 9 and 10 apply shall be set forth in a list compiled and published from time to time by the Minister under section 4 of the Act, and such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office or employment in question and the date when he ceased to hold that office or employment.

List of names.

 

INTERNATIONAL ORGANIZATIONS (IMMUNITIES AND PRIVILEGES OF THE ORGANIZATION OF AMERICAN STATES) ORDER, 1997

 

S.I. 61/1997

(SECTION 3)

[Commencement 30th June, 1997]

1. This Order may be cited as the International Organizations (Immunities and Privileges of the Organization of American States) Order, 1997.

Citation.

2. The Organization of American States (in this Order referred to as "the Organization") is an Organization of which the Government of The Bahamas and the governments of foreign sovereign Powers are members.

The Organization.

3. (1) The Organization shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process.

Legal capacity.

(2) No waiver of immunity shall be deemed to extend to any measure of execution.

4. The Organization shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of the official archives and premises of an envoy of a foreign sovereign Power accredited to Her Majesty.

Official archives and premises.

5. The Organization shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign Power.

Relief from taxes.

6. The Organization shall have exemption from taxes on the importation of goods directly imported by the Organization for its official use in The Bahamas or for exportation, or on the importation of any publications of the Organization directly imported by it, such exemption to be subject to compliance with such conditions as the Comptroller of Customs may prescribe for the protection of the revenue.

Exemption from taxes.

7. The Organization shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Organization for its official use and in the case of any publications of the organization directly imported or exported by it.

Importation of goods.

8. The Organization shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside The Bahamas), of any reduced rates applicable for the corresponding service in the case of press telegrams.

Reduced rates on telegrams.

9. (1) Representatives of member States of the Organisation shall in the exercise of their functions and during their journeys to and from the place of meeting enjoy-

Immunities and privileges of representatives of members.

(a)
the like immunity from suit and legal process;
(b)
the like inviolability of residence; and
(c)
the like exemption or relief from taxes,

as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, unless in any particular case the privilege or immunity is waived by the Government of the respective representatives.

(2) For the purposes of the application of this Order, the expression "representatives of member States" shall be deemed to include, in addition to the representatives, the following members of their official staffs accompanying them as such representatives-

(a)
heads of delegations;
(b)
alternate representatives;
(c)
advisers;
(d)
technical experts;
(e)
secretaries of delegations.

and Part IV of the Schedule to the Act shall not operate so as to confer privileges or immunities on the staffs of representatives other than on those persons falling within the above-mentioned descriptions.

(3) The provisions in the preceding paragraphs of this Order shall not confer any immunity or privilege on any person as the representative of the Government of The Bahamas or as a member of the staff of such representative or on any person who is a citizen of the Commonwealth of The Bahamas.

10. Except in so far as in any particular case any privilege or immunity is waived by the Organization, the Secretary General of the Organization (including any officer acting for him during his absence from duty) shall be accorded in respect of himself, his spouse and his children under the age of twenty-one, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than income tax, as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, his spouse and children, and shall also enjoy exemption from income tax in respect of emoluments received by him as an officer of the Organization.

High officials.

11. Except in so far as in any particular case any privilege or immunity is waived by the Organization, persons employed by the Organization shall enjoy-

Other officials.

(a)
immunity from suit or legal process in respect of words spoken or written and things done or omitted to be done by them in the course of the performance of their official duties;
(b)
inviolability of all papers and documents relating to the work of the Organization; and
(c)
exemption from income tax in respect of emoluments received by them as officers or servants of the Organization.

12. The names of the persons to whom the provisions of paragraphs 9 and 10 apply shall be set forth in a list compiled and published from time to time by the Minister under section 4 of the Act, and such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office or employment in question and the date when he ceased to hold that office or employment.

List of names.

 

INTERNATIONAL ORGANIZATIONS (IMMUNITIES AND PRIVILEGES OF THE INTER-AMERICAN DEVELOPMENT BANK) ORDER, 1999

 

S.I. 35/1999

(SECTION 3)

[Commencement 13th May, 1999]

1. This Order may be cited as the International Organizations (Immunities and Privileges of the Inter-American Development Bank) Order, 1999.

Citation.

2. The Inter-American Development Bank (in this Order referred to as "the Organization") is an Organization of which the Government of The Bahamas and the governments of foreign sovereign Powers are members.

The Organization.

3. (1) The Organization shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process.

Legal capacity.

(2) No waiver of immunity shall be deemed to extend to any measure of execution.

4. The Organization shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of the official archives and premises of an envoy of a foreign sovereign Power accredited to Her Majesty.

Official archives and premises.

5. The Organization shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign Power.

Relief from taxes.

6. The Organization shall have exemption from taxes on the importation of goods directly imported by the Organization for its official use in The Bahamas or for exportation, or on the importation of any publications of the Organization directly imported by it, such exemption to be subject to compliance with such conditions as the Comptroller of Customs may prescribe for the protection of the revenue.

Exemption from taxes.

7. The Organization shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Organization for its official use and in the case of any publications of the Organization directly imported or exported by it.

Importation of goods.

8. The Organization shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside The Bahamas), of any reduced rates applicable for the corresponding service in the case of press telegrams.

Reduced rates on telegrams.

9. (1) Representatives of (member States) of the Organization shall in the exercise of their functions and during their journeys to and from the place of meeting enjoy-

Immunities and privileges of representatives of members.

(a)
the like immunity from suit and legal process;
(b)
the like inviolability of residence; and
(c)
the like exemption or relief from taxes,

as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, unless in any particular case the privilege or immunity is waived by the Government of the respective representatives.

(2) For the purposes of the application of this Order, the expression " representatives of member States" shall be deemed to include, in addition to the representatives, the following members of their official staffs accompanying them as such representatives-

(a)
heads of delegations;
(b)
alternate representatives;
(c)
advisers;
(d)
technical experts,

and Part IV of the Schedule to the Act shall not operate so as to confer privileges or immunities on the staffs of representatives other than on those persons falling within the above-mentioned descriptions.

(3) The provisions in the preceding paragraphs of this Order shall not confer any immunity or privilege on any person as the representative of the Government of The Bahamas or as a member of the staff of such representative or on any person who is a citizen of the Commonwealth of The Bahamas.

10. Except in so far as in any particular case any privilege or immunity is waived by the Organization, the President of the Organization (including any officer acting for him during his absence from duty) shall be accorded in respect of himself, his spouse and his children under the age of twenty-one, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than income tax, as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, his spouse and children, and shall also enjoy exemption from income tax in respect of emoluments received by him as an officer of the Organization.

High officials.

11. Except in so far as in any particular case any privilege or immunity is waived by the Organization, persons employed by the Organization shall enjoy-

Other officials.

(a)
immunity from suit or legal process in respect of words spoken or written and things done or omitted to be done by them in the course of the performance of their official duties;
(b)
inviolability of all papers and documents relating to the work of the Organization; and
(c)
exemption from income tax in respect of emoluments received by them as officers or servants of the Organization.

12. The names of the persons to whom the provisions of paragraphs 9 and 10 apply shall be set forth in a list compiled and published from time to time by the Minister under section 4 of the Act, and such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office or employment in question and the date when he ceased to hold that office or employment.

List of names.

 

DIPLOMATIC PRIVILEGES (INTERNATIONAL COURT OF JUSTICE) ORDER [v]

 


G.N. 43/1949
G.N. 224/1963


(SECTION 3(2))

[Commencement 19th February, 1949]

1. This Order may be cited as the Diplomatic Privileges (International Court of Justice) Order.

Short title.

2. Except in so far as in any particular case any privilege or immunity is waived by the court, the judges and Registrar of the International Court of Justice (including any officer of the court acting as Registrar) shall, when engaged on the business of the court and during any journey to and from the place where the court is sitting in connection with such business, enjoy the like immunity from suit and legal process, the like inviolability of residence and also unless they are British subjects whose usual place of abode is in The Bahamas the like exemption or relief from taxes as is accorded to an envoy of a foreign Power accredited to Her Majesty.

Immunities and privileges of judges, etc.

3. Except in so far as in any particular case any privilege or immunity is waived by the Government whom they represent before the court, the agents, counsel and advocates of parties before the court shall enjoy-

Immunities and privileges of counsel, etc.

(a)
when engaged on their missions before the court and during their journeys to and from the place where the court is sitting in connection with such missions, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents;
(b)
immunity from legal process of every kind in respect of words spoken or written and all acts done by them in this capacity;
(c)
when engaged on their missions before the court and during their journeys to and from the place where the court is sitting in connection with such missions, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, save that the relief allowed shall not include relief from customs or excise duties or emergency or war tax except in respect of goods imported as part of their personal baggage. They shall not, where incidence of any form of tax depends upon residence, be deemed to be resident in The Bahamas during any period when they are present in The Bahamas while exercising these functions or during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to British subjects whose usual place of abode is in The Bahamas.

The provisions of this Article do not apply to any agents, counsel or advocates acting on behalf of Her Majesty's Government in the United Kingdom or to any British subject acting on behalf of any other Government except a Government of Her Majesty other than Her majesty's Government in the United Kingdom.

4. The names of the persons to whom the provisions of Articles 2 and 3 of this Order apply shall be set forth in a list compiled and published from time to time by the Minister under section 4 of the Act and such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office of employment in question, and the date when he ceased to hold that office or employment.

List of names.

 

DIPLOMATIC PRIVILEGES (INTERNATIONAL LABOUR ORGANISATION) ORDER

 

G.N. 55/1950

(SECTION 3(2))

[Commencement 22nd April, 1950]

A. The Organisation

1. This Order may be cited as the Diplomatic Privileges (International Labour Organisation) Order.

Short title.

2. The International Labour Organisation (hereinafter referred to as "the Organisation") is an Organisation of which Her Majesty's Government in the United Kingdom and the Governments of foreign sovereign Powers are members.

The Organisation.

3. The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, Immunity from suit and process. No waiver of immunity shall be deemed to extend to any measure of execution.

Legal capacity.

4. The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign Power accredited to Her Majesty.

Official archives and premises.

5. The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign Power.

Relief from taxes.

6. The Organisation shall have exemption from taxes on the importation of goods directly imported by the organisation for its official use in The Bahamas or for exportation, or on the importation of any of the publications of the organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Comptroller of Customs may prescribe for the protection of the revenue.

Exemption from taxes.

7. The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Organisation for its official use and in the case of any publications of the Organisation directly imported or exported by it.

Importation of goods.

8. The Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matters for publication by the press or for broadcasting (including communications addressed to or despatched from places outside The Bahamas), of any reduced rates applicable for the corresponding service in the case of press telegrams.

Reduced rates on telegrams.

B. Representatives of Members

9. (1) Except in so far as any privilege or immunity is waived, in the case of representatives of member Governments, by the Governments whom they represent, and in the case of members and deputy members of the Governing Body of the International Labour Office and their substitutes, by the Governing Body, representatives of member Governments and the employers' and workers' members and deputy members of the Governing Body of the International Labour Office and their substitutes shall enjoy-

Immunities and privileges of representatives of members.

(a)
while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;
(b)
immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives or as members of the Governing Body of the International Labour Office, as the case may be;
(c)
while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in The Bahamas during any period when they are present in The Bahamas whilst exercising their functions or during their journey to and from the place of meeting. The provisions of this sub-paragraph shall not apply to British subjects whose usual place of abode is in The Bahamas.

(2) For the purpose of the application of this Order, the expression "representatives of member Governments" shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

(3) The provisions of the preceding sub-paragraphs of this Article shall not confer any Immunity or privilege upon any person as the representative of the Government of The Bahamas or a member of the staff of such a representative or any person who is a British subject and who is not the representative of a Government of Her Majesty other than the Government of The Bahamas or a member of the staff of and accompanying any such representative.

C. High Officials of the Organisation

10. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officers of the Organisation holding the offices of Director-General, Deputy Director-General and Assistant Director-General shall be accorded in respect of themselves, their spouses and children under the age of twenty-one, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

High officials.

D. Persons Employed on Missions on behalf of the Organisation

11. Except in so far as in any particular case any privilege is waived by the Organisation, persons (other than officials of the Organisation) serving on Committees of, or employed on missions on behalf of, the Organisation shall enjoy-

Immunities and privileges of persons employed on missions.

(a)
while exercising their functions as such, and during their journey to and from the place of meeting immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Organisation;
(b)
immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the persons concerned are no longer employed on missions on behalf of the organisation.

E. Other Officials of the Organisation

12. Except in so far as in any particular case any privilege or immunity is waived by the organisation, all officials of the Organisation (other than those referred to in Article 10 hereof) shall enjoy immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties.

Other officials.

F. General

13. The names of the persons to whom the provisions of Articles 9, 10, 11 and 12 of this Order apply shall be set forth in a list compiled and published from time to time by the Minister under section 4 of the Act, and such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office or employment in question, and the date when he ceased to hold that office or employment.

List of names.

 

DIPLOMATIC PRIVILEGES (FOOD AND AGRICULTURE ORGANISATION) ORDER

 

G.N. 56/1950

(SECTION (2))

[Commencement 22nd April, 1950]

A. The Organisation

1. This Order may be cited as the Diplomatic Privileges (Food and Agriculture Organisation) Order.

Short title.

2. The Food and Agriculture Organisation (hereinafter referred to as "the Organisation") is an Organisation of which Her Majesty's Government in the United Kingdom and the Governments of foreign sovereign Powers are members.

The Organisation.

3. The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

Legal capacity.

4. The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign Power accredited to Her Majesty.

Official archives and premises.

5. The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign Power.

Relief from taxes.

6. The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in The Bahamas or for exportation, or on the importation of any of the publications of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Comptroller of Customs may prescribe for the protection of the Revenue.

Exemption from taxes.

7. The Organisation shall have exemption from prohibitions and restrictions on the importation or exportation in the case of goods directly imported or exported by the Organisation for its official use and in the case of any publications of the Organisation directly imported or exported by it.

Importation of goods.

8. The Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or far broadcasting (including communications addressed to or despatched from places outside The Bahamas), of any reduced rates applicable for the corresponding service in the case of press telegrams.

Reduced rates on telegrams.

B. Representatives of Members

9. (1) Except in so far as any privilege or immunity is waived, in the case of representatives of member Governments, by the Governments whom they represent, and in the case of the Chairman of the Council of the Organisation, by the Council of the Food and Agriculture Organisation, representatives of member Governments, and the Chairman of the Council of the Organisation shall enjoy-

Immunities and privileges of representatives of members.

(a)
while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;
(b)
immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;
(c)
while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in The Bahamas during any period when they are present in The Bahamas whilst exercising their functions and during their journey to and from the place of meeting. The provisions of this sub-paragraph shall not apply to British subjects whose usual place of abode is in The Bahamas.

(2) For the purpose of the application of this Order, the expression "representatives of member Governments" shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

(3) The provisions of the preceding sub-paragraphs of this article shall not confer any immunity or privilege upon any person as the representative of the Government of The Bahamas or as a member of the staff of such a representative, or any person who is a British subject and who is not the representative of a Government of Her Majesty other than the Government of The Bahamas or a member of the staff of and accompanying any such representative.

C. High Officials of the Organisation

10. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officers of the Organisation holding the offices of Director-General and Deputy Director-General shall be accorded in respect of themselves, their spouses and children under the age of twenty-one, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

High officials.

D. Persons Employed on Missions on behalf of the Organisation

11. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, persons (other than officials of the Organisation) serving on Committees of, or on behalf of, the Organisation shall enjoy-

Immunities and privileges of persons employed on missions.

(a)
while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Organisation;
(b)
immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the persons concerned are no longer employed on missions on behalf of the Organisation.

E. Other Officials of the Organisation

12. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, all officials of the Organisation (other than those referred to in Article 10 hereof) shall enjoy immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties.

Other officials.

F. General

13. The names of the persons to whom the provisions of Articles 9 and 10 of this Order apply shall be set forth in a list compiled and published from time to time by the Minister under section 4 of the Act, and such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office or employment in question, and the date when he ceased to hold that office or employment.

List of names.

 

DIPLOMATIC PRIVILEGES (INTERNATIONAL CIVIL AVIATION ORGANISATION) ORDER

 


G.N. 57/1950
G.N. 144/1956


(SECTION 3(2))

[Commencement 29th April, 1950]

A. The Organisation

1. This Order may be cited as the Diplomatic Privileges (International Civil Aviation Organisation) Order.

Short title.

2. The International Civil Aviation Organisation set up under Article 43 of the Convention on International Civil Aviation signed at Chicago on 7th day of December 1944 (hereinafter referred to as "the Organisation") is an Organisation of which Her Majesty's Government in the United Kingdom and the Governments of foreign sovereign Powers are members.

The Organisation.

3. The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and process. No waiver of immunity shall be deemed to extend to any measure of execution.

Legal capacity.

4. The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign Power accredited to Her Majesty.

Official archives and premises.

5. The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign Power.

Relief from taxes.

6. The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in The Bahamas or for exportation, or on the importation of any publications of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Comptroller of Customs may prescribe for the protection of the revenue.

Exemption from taxes.

7. The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Organisation for its official use and in the case of any publications of the Organisation directly imported or exported by it.

Importation of goods.

8. The Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matters intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside The Bahamas), of any reduced rates applicable for the corresponding service in the case of press telegrams.

Reduced rates on telegrams.

B. Representatives of Members

9. (1) Except in so far as in any particular case any privilege or immunity is waived by the member Governments whom they represent, representatives of member Governments to the assembly or to the Council of the organisation, to any Commission (however named) provided for in the constitution of the organisation, or to any Committee of such Assembly, Council or Commission shall enjoy-

Immunities and privileges of representatives of members.

(a)
while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;
(b)
immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;
(c)
while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in The Bahamas during any period when they are present in The Bahamas whilst exercising their functions or during their journey to and from the place of meeting. The provisions of this Article shall not apply to British subjects whose usual place of abode is in The Bahamas.

(2) For the purpose of the application of this Order, the expression "representatives of member governments" shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

(3) The provisions of the preceding sub-paragraphs of this Article shall not confer any immunity or privilege upon any person as the representative of the Government of The Bahamas or as a member of the staff of such a representative, or any person who is a British subject and who is not the representative of a Government of Her Majesty other than the Government of The Bahamas or the member of the staff of and accompanying any such representative.

C. High Officials of the Organisation

10. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, the Secretary-General or the Deputy Secretary-General of the Organisation and the President of the Council of the Organisation shall be accorded in respect of themselves, their spouses and children under the age of twenty-one, the like immunity from suit and legal process, the like inviolability of residence and the like exemption of relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

High officials.

D. Persons Employed on Missions on behalf of the Organisation

11. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, persons (other than officials of the Organisation) serving on Committees of, or employed on missions on behalf of, the Organisation shall enjoy-

Immunities and privileges of persons employed on missions.

(a)
while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Organisation;
(b)
immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of these functions. Such immunity shall continue notwithstanding that the persons concerned are no longer employed on missions on behalf of the Organisation.

E. Other Officials of the Organisation

12. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officials of the Organisation (other than those referred to in Article 10 hereof) shall enjoy immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties.

Other officials.

F. General

13. The names of the persons to whom the provisions of Articles 9, 10, 11 and 12 of this Order apply shall be set forth in a list compiled and published from time to time by the Minister under section 4 of the Act, and such list shall show in regard to each person the date as from which, for the purpose of this Order, he first held the office or employment in question, and the date when he ceased to hold that office or employment.

List of names.

 

DIPLOMATIC PRIVILEGES (UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANISATION) ORDER

 

G.N. 58/1950

(SECTION 3(2))

[Commencement 29th April, 1950]

A. The Organisation

1. This Order may be cited as the Diplomatic Privileges (United Nations Educational, Scientific and Cultural Organisation) Order.

Short title.

2. The United Nations Educational, Scientific and Cultural Organisation (hereinafter referred to as "the Organisation") is an Organisation of which Her Majesty's Government in the United Kingdom and the Governments of foreign sovereign Powers are members.

The Organisation.

3. The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

Legal capacity.

4. The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign Power accredited to Her Majesty.

Official archives and premises.

5. The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign Power.

Relief from taxes.

6. The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in The Bahamas or for exportation, or on the importation of any of the publications of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Comptroller of Customs may prescribe for the protection of the revenue.

Exemption from taxes.

7. The Organisation shall have exemption from prohibitions and restrictions on the importation or exportation in the case of goods directly imported or exported by the Organisation for its official use and in the case of any publications of the Organisation directly imported or exported by it.

Importation of goods.

8. The Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside The Bahamas), of any reduced rates applicable for the corresponding service in the case of press telegrams.

Reduced rates on telegrams.

B. Representatives of Members

9. (1) Except in so far as any privilege or immunity is waived, in the case of representatives of member Governments, by the governments whom they represent, in the case of the President of the Conference, by the Organisation, and in the case of members of the Executive Board, by the Executive Board of the Organisation, representatives of member Governments, the President of the Conference of the Organisation, and members of the Executive Board of the Organisation shall enjoy-

Immunities and privileges of representatives of members.

(a)
while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;
(b)
immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;
(c)
while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to any envoy of a foreign sovereign Power accredited to Her Majesty, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in The Bahamas during any period when they are present in The Bahamas whilst exercising their functions and during their journey to and from the place of meeting. The provisions of this Article shall not apply to British subjects whose usual place of abode is in The Bahamas

(2) For the purpose of the application of this Order, the expression "representatives of member Governments" shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

(3) The provisions of the preceding sub-paragraphs of this Article shall not confer any immunity or privilege upon any person as the representative of the Government of The Bahamas or as a member of the staff of such a representative, or any person who is a British subject and who is not the representative of a Government of Her Majesty other than the Government of The Bahamas or a member of the staff of and accompanying any such representative.

C. High Officials of the Organisation

10. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officers of the Organisation holding the offices of Secretary-General and Deputy Secretary-General shall be accorded in respect of themselves, their spouses and children under the age of twenty-one, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

High officials.

D. Persons Employed on Missions on behalf of the Organisation

11. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, persons employed on missions on behalf of the Organisation shall enjoy-

Immunities and privileges of persons employed on missions.

(a)
while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Organisation;
(b)
immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the persons concerned are no longer employed on missions on behalf of the Organisation.

E. Other Officials of the Organisation

12. Except in so far as in any particular case any privilege or immunity is waived by the Organisation all officials of the Organisation (other than those referred to in Article 10 hereof) shall enjoy immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties.

Other officials.

F. General

13. The names of the persons to whom the provisions of Articles 9 and 10 of this Order apply shall be set forth in a list compiled and published from time to time by the Minister under section 4 of the Act, and such list shall show in regard to each person the date as from which for the purposes of this Order, he first held the office or employment in question, and the date when he ceased to hold that office or employment.

List of names.

 

DIPLOMATIC PRIVILEGES (INTERNATIONAL REFUGEE ORGANISATION) ORDER

 

G.N. 59/1950

(SECTION 3(2))

[Commencement 29th April, 1950]

A. The Organisation

1. This Order may be cited as the Diplomatic Privileges ( International Refugee Organisation) Order.

Short title.

2. The International Refugee Organisation (hereinafter referred to as "the Organisation") is an Organisation of which Her Majesty's Government in the United Kingdom and the Governments of foreign sovereign Powers are members.

The Organisation.

3. The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

Legal capacity.

4. The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign Power accredited to Her Majesty.

Official archives and premises.

5. The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign Power.

Relief from taxes.

6. The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in The Bahamas or for exportation, or on the importation of any publications of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Comptroller of Customs may prescribe for the protection of the revenue.

Exemption from taxes.

7. The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Organisation for its official use and in the case of any publication of the Organisation directly imported or exported by it.

Importation of goods.

8. The Organisation shall have the right to avail itself for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside The Bahamas), of any reduced rates applicable for the corresponding service in the case of press telegrams.

Reduced rates on telegrams.

B. Representatives of Members

9. (1) Except in so far as in any particular case any privilege or immunity is waived by the member Governments whom they represent, representatives of member Governments to the Council of the Organisation shall enjoy-

Immunities and privileges of representatives of members.

(a)
white exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;
(b)
immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;
(c)
while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, save that the relief allowed shall not include relief from customs except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in The Bahamas during any period when they are present in The Bahamas whilst exercising their functions or during their journey to and from the place of meeting. The provisions of this Article shall not apply to British subjects whose usual place of abode is in The Bahamas.

(2) For the purpose of the application of this Order, the expression "representatives of member Governments" shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

(3) The provisions of the preceding sub-paragraphs of this Article shall not confer any immunity or privilege upon any person as the representative of the Government of The Bahamas or as a member of the staff of such a representative, or any person who is a British subject and who is not the representative of a Government of Her Majesty other than the Government of The Bahamas or a member of the staff of and accompanying any such representative.

C. High Officials of the Organisation

10. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, the Director-General or the Deputy Director-General of the Organisation shall be accorded in respect of themselves, their spouses and children under the age of twenty-one, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

High officials.

D. Persons Employed on Missions on behalf of the Organisation

11. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, persons employed on missions on behalf of the Organisation shall enjoy-

Immunities and privileges of persons employed on missions.

(a)
while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Organisation;
(b)
immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the persons concerned are no longer employed on missions on behalf of the Organisation.

E. Other Officials of the Organisation

12. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officials of the Organisation (other than those referred to in Article 10 hereof or officials engaged locally and remunerated by payment calculated on the number of hours worked) shall enjoy immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties.

Other officials.

F. General

13. The names of the persons to whom the provisions of Articles 9 and 10 of this Order apply shall be set forth in a list compiled and published from time to time by the Minister under section 4 of the Act, and such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office or employment in question, and the date when he ceased to hold that office or employment.

List of names.

 

DIPLOMATIC PRIVILEGES (WORLD HEALTH ORGANISATION) ORDER

 

G.N. 60/1950

(SECTION 3(2))

[Commencement 29th April, 1950]

A. The Organisation

1. This Order may be cited as The Diplomatic Privileges (World Health Organisation) Order.

Short title.

2. The World Health Organisation (hereinafter referred to as "the Organisation") is an Organisation of which Her Majesty's Government in the United Kingdom and the Governments of foreign sovereign Powers are members.

The Organisation.

3. The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

Legal capacity.

4. The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign Power accredited to Her Majesty.

Official archives and premises.

5. The Organisation shall have the like exemption or relief from taxes and rates other than taxes on the importation of goods as is accorded to a foreign sovereign Power.

Relief from taxes.

6. The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in The Bahamas or for exportation, or on the importation of any publications of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Comptroller of Customs may prescribe for the protection of the revenue.

Exemption from taxes.

7. The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Organisation for its official use and in the case of any publications of the Organisation directly imported or exported by it.

Importation of goods.

8. The Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside The Bahamas), of any reduced rates applicable for the corresponding service in the case of press telegrams.

Reduced rates on telegrams.

B. Representatives of Members

9. (1) Except in so far as in any particular case any privilege or immunity is waived, In the case of representatives of member Governments by the member Governments whom they represent, and in the case of persons designated to serve on the Executive Board of the Organisation and their alternates and advisers, by the Executive Board, representatives of member Governments and persons designated to serve on the Executive Board of the Organisation and their alternates and advisers shall enjoy-

Immunities and privileges of representatives of members.

(a)
while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents;
(b)
immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;
(c)
while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in The Bahamas during any period when they are present in The Bahamas whilst exercising their functions or during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to British subjects whose usual place of abode is in The Bahamas.

(2) For the purpose of the application of this Order, the expression "representatives of member Governments" shall be deemed to include their official staffs accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

(3) The provisions of the preceding sub-paragraphs of this Article shall not confer any immunity or privilege upon any person as the representative of the Government of The Bahamas or as a member of the staff of such a repesentative or any person who is a British subject and who is not the representative of a Government of Her Majesty other than the Government of The Bahamas or a member of the staff of and accompanying any such representative.

C. High Officials of the Organisation

10. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officers of the Organisation holding the offices of Director-General or Deputy Director-General shall be accorded in respect of themselves, their spouses and children under the age of twenty-one, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, his spouse and children, and they shall also enjoy exemption from income tax in respect of emoluments received by them as officers of the Organisation.

High officials.

D. Persons Employed on Missions on behalf of the Organisation

11. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, persons (other than officials of the Organisation) serving on Committees of, or employed on missions on behalf of, the Organisation shall enjoy-

Immunities and privileges of persons employed on missions.

(a)
while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Organisation;