International Maritime Organisation (Immunities and Privileges) Order 2002

JurisdictionUK Non-devolved
CitationSI 2002/1826

2002 No. 1826

INTERNATIONAL IMMUNITIES AND PRIVILEGES

The International Maritime Organisation (Immunities and Privileges) Order 2002

Made 16th July 2002

Coming into force 17th July 2002

At the Court at Buckingham Palace, the 16th day of July 2002

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been laid before Parliament in accordance with section 10 of the International Organisations Act 19681(“the Act”) and has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, by virtue and in exercise of the powers conferred on Her by sections 1, 2 and 10(3) of the Act2or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1 General

PART 1

General

S-1 This Order may be cited as the International Maritime...

1. This Order may be cited as the International Maritime Organisation (Immunities and Privileges) Order 2002. It shall come into force on the day after the day on which it is made.

S-2 In this Order “the 1961 Convention Articles” means the Articles...

2. In this Order “the 1961 Convention Articles” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 19643.

S-3 The Orders specified in the Schedule to this Order are hereby...

3. The Orders specified in the Schedule to this Order are hereby revoked to the extent specified in the third column of that Schedule.

2 The Organisation

PART 2

The Organisation

S-4 The International Maritime Organisation (hereinafter referred...

4. The International Maritime Organisation (hereinafter referred to as the Organisation) is an Organisation of which the United Kingdom and foreign sovereign Powers are members.

S-5 The Organisation shall have the legal capacities of a body...

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

S-6 The Organisation shall have the like inviolability of official...

6. The Organisation shall have the like inviolability of official archives and premises as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives and premises of a diplomatic mission.

S-7 The Organisation shall have the like exemption or relief from...

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

S-8 The Organisation shall have the like relief from rates as in...

8. The Organisation shall have the like relief from rates as in accordance with Article 23 of the 1961 Convention Articles is accorded in respect of the premises of a diplomatic mission.

S-9 The Organisation shall have exemption from customs duties and...

9. The Organisation shall have exemption from customs duties and taxes on the importation of goods imported by the Organisation for its official use in the United Kingdom, or on the importation of any publications of the Organisation imported by it, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue.

S-10 The Organisation shall have exemption from prohibitions and...

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

S-11 The Organisation shall have relief, under arrangements made...

11. The Organisation shall have relief, under arrangements made either by the Secretary of State or by the Commissioners of Customs and Excise, by way of refund of customs duty paid on or value added tax paid on the importation of any hydrocarbon oils (within the meaning of the Hydrocarbon Oil Duties Act 19794) which are bought in the United Kingdom and used for the official purposes of the Organisation, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.

S-12 The Organisation shall have relief, under arrangements made by...

12. The Organisation shall have relief, under arrangements made by the Secretary of State, by way of refund of car tax paid on any vehicles and value added tax paid on the supply of any goods or services which are used for the official purposes of the Organisation, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.

S-13 The Organisation shall have relief, under arrangements made by...

13. The Organisation shall have relief, under arrangements made by the Secretary of State, by way of refund of Insurance Premium Tax and Air Passenger Duty paid by the Organisation in the exercise of its official activities.

3 Representatives

PART 3

Representatives

S-14 Except in so far as in any particular case any privilege or...

14.—(1) Except in so far as in any particular case any privilege or immunity is waived by the Government of the member whom they represent, representatives of members of the Organisation on any of its organs at meetings convened by it shall enjoy:—

(a)

(a) in respect of words spoken or written and all acts done or omitted to be done by them in their official capacity, the like immunity from suit and legal process as is accorded to the head of a diplomatic mission;

(b)

(b) while exercising their functions and during their journeys to and from the place of meeting, the like immunity from personal arrest or detention and the like inviolability for all papers and documents as is accorded to the head of a diplomatic mission;

(c)

(c) while exercising their functions and during their journeys to and from the place of meeting, the like exemptions and privileges in respect of their personal baggage as in accordance with Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent.

(2) Where the incidence of any form of taxation depends on residence, any period during which representatives of members of the Organisation on any of its organs at meetings convened by it are present in the United Kingdom for the exercise of their functions shall, for the purpose of determining their liability to taxation, be treated as not being a period of residence in the United Kingdom.

(3) Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the official staff of representatives of members of the Organisation other than alternates, advisers, technical experts and secretaries of delegations.

(4) Neither the provisions of the preceding paragraphs of this Article nor those of Part IV of Schedule 1 to the Act shall operate so as to confer any privilege or immunity on any person as the representative of Her Majesty’s Government in the United Kingdom or as a member of the official staff of such a representative or on any person who is a British citizen, British overseas territories citizen, British Overseas citizen, or British National (Overseas).

(5) Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on families of representatives or on the families of members of their official staffs.

S-15 Except in so far as in any particular case any privilege or...

15.—(1) Except in so far as in any particular case any privilege or immunity is waived by the Government of the member whom he represents, every person designated by a member of the Organisation as its principal permanent representative or acting principal permanent representative to the Organisation in the United Kingdom, and members of their family forming part of their household, shall enjoy for the term of his business with the Organisation:—

(a)

(a) the like immunity from suit and legal process as is accorded to the head of a diplomatic mission;

(b)

(b) the like immunity from personal arrest or detention and the like inviolability for all his papers and documents as is accorded to the head of a diplomatic mission;

(c)

(c) the like exemption and privileges in respect of his personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent;

(d)

(d) the like exemption or...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT