The Inter-American Investment Corporation (Immunities and Privileges) Order 2022
| Jurisdiction | UK Non-devolved |
| Citation | SI 2022/1344 |
| Year | 2022 |
2022 No. 1344
International Immunities And Privileges
The Inter-American Investment Corporation (Immunities and Privileges) Order 2022
Made 14th December 2022
Coming into force in accordance with article 1(2)
At the Court at Buckingham Palace, the 14th day of December 2022
Present,
The King’s Most Excellent Majesty in Council
In accordance with section 10(1) of the International Organisations Act 19681, a draft of this Order was laid before, and approved by a resolution of, each House of Parliament.
Accordingly, His Majesty, in exercise of the powers conferred on Him by section 1 of that Act2, is pleased, by and with the advice of His Privy Council, to order as follows:
PART 1
General
Citation and commencement
1.—(1) This Order may be cited as the Inter-American Investment Corporation (Immunities and Privileges) Order 2022.
(2) It comes into force on the day on which the United Kingdom becomes a member of the Corporation3.
Extent and application
2.—(1) Subject to paragraph (2), this Order extends to the whole of the United Kingdom.
(2) Article 9 (relief on payment of non-domestic rates) extends to England and Wales and Northern Ireland only4.
(3) In Scotland—
(a)
(a) articles 6 (immunity of the Corporation), 7 (archives and premises), 11 (exemption of restrictions on imports and exports) and 15 (persons connected with the Corporation) do not apply in so far as they would, if included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament;
(b)
(b) article 8 (exemption from taxes) does not apply to devolved taxes or local taxes to fund local authority expenditure (within the meaning of the exceptions to Section A1 (fiscal, economic and monetary policy) of Part 2 of Schedule 5 (reserved matters) to the Scotland Act 1998)5.
Interpretation
3. In this Order—
“the Act” means the International Organisations Act 1968;
“the Agreement” means the Agreement establishing the Inter-American Investment Corporation done at the city of Washington, District of Columbia, United States of America on 19th November 19846;
“the Corporation” means the Inter-American Investment Corporation established by the Agreement;
“member of the Corporation” means a member in accordance with Article II or Article XI of the Agreement;
“official activities” means activities of the Corporation undertaken pursuant to the Agreement, including administrative activities;
“official purposes” means the purposes of the Corporation pursuant to the Agreement;
“official use” means for the use of the Corporation pursuant to the Agreement;
“person connected with the Corporation” means a Governor, Executive Director, Alternate, other officer or employee of the Corporation, but does not include a person referred to in section 1(6)(b) of the Act;
“premises of the Corporation” means the land, buildings and parts of buildings used by the Corporation for its official activities.
PART 2
The Corporation
The Corporation
4. The Corporation is an organisation of which the United Kingdom and other sovereign Powers are members.
Legal personality
5. The Corporation has the legal capacities of a body corporate.
PART 3
Immunities, privileges, reliefs and exemptions
Immunity of the Corporation
6.—(1) Subject to paragraph (2), within the scope of its official activities the Corporation has immunity from suit and legal process.
(2) The immunity of the Corporation under paragraph (1) does not apply in respect of any civil action arising out of, or in connection with, the exercise of its power to raise funds, borrow money, guarantee obligations or buy, sell or underwrite the sale of securities, if the Corporation has in the United Kingdom—
(a)
(a) established an office;
(b)
(b) appointed an agent for the purpose of accepting service or notice of process; or
(c)
(c) issued or guaranteed securities.
(3) The property and assets of the Corporation, wherever located and by whomever held, are immune from suit and legal process, in respect of—
(a)
(a) all forms of seizure, attachment or execution before final judgment against the Corporation; and
(b)
(b) search, requisition, confiscation, expropriation, or any other form of taking or foreclosure by executive or legislative action.
(4) Nothing in paragraph (2) permits any action against the Corporation by any member of the Corporation or by a person acting on behalf of any member of the Corporation.
Archives and premises
7. The official archives and premises of the Corporation have the like inviolability as, in accordance with the 1961 Convention Articles7, is accorded in respect of the official archives and...
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