The Bank for International Settlements (Immunities and Privileges) Order 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/533 |
| Year | 2021 |
2021 No. 533
International Immunities And Privileges
The Bank for International Settlements (Immunities and Privileges) Order 2021
Made 28th April 2021
Coming into force 29th April 2021
At the Court at Windsor Castle, the 28th day of April 2021
Present,
The Queen’s Most Excellent Majesty in Council
In accordance with section 12(4) of the International Development Act 20021, a draft of this Order was laid before, and approved by a resolution of, each House of Parliament.
Accordingly, Her Majesty, in exercise of the powers conferred by section 12(1) of the International Development Act 2002, is pleased, by and with the advice of Her Privy Council, to order as follows:
Citation and commencement
1. This Order may be cited as the Bank for International Settlements (Immunities and Privileges) Order 2021 and comes into force on the day after the day on which it is made.
Interpretation
2.—(1) In this Order—
“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 19642;
“the Bank” means the Bank for International Settlements;
“BISIH London Centre” means the Bank for International Settlements Innovation Hub London Centre in the United Kingdom;
“expert” means a person, other than a member of staff of the Bank or a secondee—
(a) designated as such by the Bank to perform tasks in connection with the official activities of the Bank or to carry out missions for the Bank; and
(b) whose designation was notified to the Secretary of State by the Bank prior to the person performing those tasks or carrying out those missions;
“member of staff of the Bank” does not include the General Manager of the Bank, Deputy General Manager of the Bank, or any member of the board of directors of the Bank;
“official activities” includes all activities undertaken pursuant to the statutes of the Bank, and all activities appropriate to fulfil the purpose and functions of the Bank under Article 3 of the statutes of the Bank;
“secondee” means a person—
(a) who is seconded to the BISIH London Centre from a central bank which is a member of the Bank; and
(b) whose secondment was notified to the Secretary of State by the Bank prior to the person taking up the secondment.
“statutes of the Bank” means the version of the statutes of the Bank for International Settlements of 20th January 1930 as last amended on 7 November 2016 and effective from 1st January 20193;
“tax year” means a year beginning with 6th April and ending on the following 5th April.
(2) In this Order a member of staff appointed to the BISIH London Centre is a person—
(a)
(a) who is a member of staff of the Bank;
(b)
(b) who is appointed by the Bank to the BISIH London Centre; and
(c)
(c) whose appointment was notified to the Secretary of State by the Bank prior to the person taking up the appointment.
Legal personality
3. The Bank has the legal capacities of a body corporate.
Immunity from jurisdiction and waiver
4.—(1) Within the scope of its official activities, the Bank is immune from suit and legal process except—
(a)
(a) to the extent that the Bank may expressly waive such immunity in a particular case;
(b)
(b) in respect of a civil action arising out of a banking or financial transaction with a contractual counterparty of the Bank;
(c)
(c) in respect of a civil action relating to death or personal injury caused by an act or omission in the United Kingdom;
(d)
(d) in respect of the enforcement of an arbitration award made against the Bank as a result of an express submission to arbitration by or on behalf the Bank;
(e)
(e) in respect of any counter-claim directly connected with court proceedings initiated by the Bank.
(2) Except in respect of a final judgment or arbitral award issued by a court or tribunal where paragraph (1)(b) or (d) applies, the property and assets of the Bank, wherever they may be located and by whomsoever they may be held, are immune from suit and legal process in respect of all forms of seizure, attachment, sequestration, execution, requisition, inhibition, confiscation, expropriation, freezing, taking or foreclosure by executive, judicial or legislative action.
Inviolability of premises and archives
5.—(1) The premises of the BISIH London Centre have the like inviolability as, in accordance with the 1961 Convention Articles, is accorded in respect of the premises of a diplomatic mission.
(2) Permission to enter the premises of the BISIH London Centre may be granted by—
(a)
(a) the General Manager of the Bank;
(b)
(b) the Deputy General Manager of the Bank;
(c)
(c) the Head of the BISIH London Centre; or
(d)
(d) a person—
(i) authorised by a person listed in sub-paragraph (a), (b), or (c) to act as their representative; and
(ii) in respect of whom the Bank has notified the Secretary of State as acting in that capacity.
(3) The premises of the BISIH London Centre may be entered without permission granted under paragraph (2) in connection with any emergency requiring prompt protective action.
(4) Any person who enters the premises of the BISIH London Centre must leave the premises immediately if requested to by any person listed in paragraph (2).
(5) In this article, “premises” means the land, buildings, or parts of buildings in the United Kingdom, made available to, maintained, occupied or used by the BISIH London Centre in order to carry out the Bank’s official activities.
(6) The archives of the Bank have the like inviolability as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives of a diplomatic mission.
(7) In this article, “the archives of the Bank” means all correspondence, papers, documents, manuscripts, photographs, films, recordings, computer programmes, video tapes, discs and data, including in electronic form, or held in any other media belonging to or held by the Bank and all the information contained therein.
Exemption from restriction on import or export of publications, data or data media
6.—(1) The Bank is exempt from any restrictions on the importation of any publication, any type of data or any type of data media imported for use pursuant to its official activities.
(2) The Bank is exempt...
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