The International Criminal Police Organisation (Immunities and Privileges) Order 2023
| Jurisdiction | UK Non-devolved |
2023 No. 837
International Immunities And Privileges
The International Criminal Police Organisation (Immunities and Privileges) Order 2023
Made 19th July 2023
Coming into force in accordance with article 1(2)
At the Court at Buckingham Palace, the 19th day of July 2023
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 Act, is pleased, by and with the advice of His Privy Council, to order as follows:
PART 1
General
Citation, commencement, extent and application
1.—(1) This Order may be cited as the International Criminal Police Organisation (Immunities and Privileges) Order 2023.
(2) This Order comes into force on the day on which the Agreement enters into force for the United Kingdom or, if later, on the day after the day on which it is made.
(3) This Order extends to England and Wales, Scotland and Northern Ireland.
(4) In Scotland, articles 4 to 18 of this Order do not apply in so far as they would, if included in an Act of Scottish Parliament, be within the legislative competence of that Parliament.
Interpretation
2.—(1) In this Order—
“Agreement” means the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the International Criminal Police Organization – INTERPOL on the Privileges and Immunities of INTERPOL on the Territory of the United Kingdom of Great Britain and Northern Ireland2;
“the Constitution” means the Constitution of the International Criminal Police Organisation adopted by the General Assembly at its 25th Session in Vienna, 19563;
“the International Criminal Police Organisation” or “the Organisation” means the organisation entitled the International Criminal Police Organization – INTERPOL in accordance with article 1 of the Constitution;
“INTERPOL officials” means the Secretary General, persons seconded to the Organisation by a Member Country, and persons under contract employed by the Organisation;
“Official Activities” of the Organisation includes all activities undertaken pursuant to the Constitution and all activities appropriate to fulfil the aims of the Organisation under article 2 of the Constitution;
“Requesting Country” means a country which has submitted a request for membership of the Organisation to the Secretary General pursuant to article 4 of the Constitution, provided that the request has been added by the Executive Committee to the provisional agenda of the General Assembly.
(2) For the purposes of this Order, the following terms have the meaning they have in the Constitution—
“Adviser”;
“Commission for the Control of Files”;
“Executive Committee”;
“General Assembly”;
“Member Country”;
“National Central Bureau”;
“Secretary General”.
PART 2
The Organisation
Membership of the Organisation
3. The International Criminal Police Organisation is an organisation of which the United Kingdom and other sovereign Powers are members.
Legal personality
4. The Organisation has the legal capacities of a body corporate.
PART 3
Immunities, privileges, reliefs and exemptions of the Organisation
Immunity from jurisdiction
5.—(1) Within the scope of its Official Activities, the Organisation has immunity from suit and legal process.
(2) Paragraph (1) does not apply in the case of—
(a)
(a) a road traffic offence involving a motor vehicle belonging to the Organisation or operated on its behalf, or
(b)
(b) a civil claim for damages resulting from an accident caused by a motor vehicle belonging to the Organisation or operated on its behalf.
(3) The property, funds and assets of the Organisation, wheresoever located in the United Kingdom and by whomsoever held, are immune from suit and legal process in respect of all forms of seizure, confiscation, requisition, expropriation or other interference by executive, administrative, judicial or legislative action.
Inviolability of premises
6.—(1) The premises of the Organisation have the like inviolability as, in accordance with the 1961 Convention Articles4, is accorded in respect of the premises of a diplomatic mission.
(2) Any person having the authority to enter any place under any legal provision shall not exercise that authority in respect of the premises of the Organisation unless permission to do so has been given by the Secretary General or by another designated person acting on behalf of the Secretary General.
(3) For the purpose of paragraph (2), permission may be presumed in the event of an uncontrolled fire or other similar disaster which immediately threatens public safety and requires prompt protective action, for the limited purpose of taking such protective action as may be necessary to remove the immediate threat to public safety.
(4) In this article, the “premises of the Organisation” means the land, buildings and parts of buildings in the United Kingdom used by the Organisation on a permanent or temporary basis in order to carry out its Official Activities.
Inviolability of archives
7.—(1) The archives of the Organisation have the like inviolability as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives of a diplomatic mission.
(2) In this article, the “archives of the Organisation” means all records, 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 Organisation where related to its Official Activities and all information contained therein.
Taxes, rates, duties etc.
8.—(1) Within the scope of its Official Activities, the Organisation is exempt from all direct taxation on its assets, property, income, gains, operations and transactions, except for the proportion of any business rates charged for specific public services rendered.
(2) The Organisation shall have relief under arrangements made by the Secretary of State by way of refund on car tax paid on any vehicles which are used for the Official Activities of the Organisation, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
(3) The Organisation shall have relief under arrangements made by the Secretary of State by way of refund on value added tax paid on the purchase of any goods or services which are of substantial value and which are used for the Official Activities of the Organisation, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
(4) The Organisation shall have relief by way of refund on insurance premium tax paid in the course of activities which are necessary for the exercise of the Official Activities of the Organisation.
(5) The Organisation shall have relief under arrangements made by the Commissioners of His Majesty’s Revenue and Customs by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 19795) or value added tax paid on the importation of such oil which is purchased in the United Kingdom and which is used for the Official Activities of the Organisation, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
Customs treatment
9.—(1) The Organisation is exempt from duties (whether of customs or excise) and taxes on the importation of—
(a)
(a) goods imported by the Organisation for its Official Activities, and
(b)
(b) publications of the Organisation.
(2) The Organisation is exempt from all prohibitions and restrictions on the importation or exportation of—
(a)
(a) goods imported or exported by the Organisation for its Official Activities, and
(b)
(b) publications of the Organisation.
(3) This article does not apply in respect of firearms.
PART 4
Immunities, privileges, reliefs and exemptions of representatives, officials etc.
Members of an INTERPOL body
10.—(1) A member of an INTERPOL body has the following privileges and immunities while carrying out Official Activities and throughout their journey to or from the place where a meeting is held by the Organisation—
(a)
(a) subject to paragraph (2), immunity...
To continue reading
Request your trial