Diplomatic Privileges (Extension) Act

Link to law: http://laws.gov.ag/acts/chapters/cap-137.pdf
Published: 1948

Diplomatic Privileges (Extension) (CAP. 13 7 1

CHAPTER 137

THE DIPLOMATIC PRIVILEGES (EXTENSION) ACT

Arrangement of Sections
Section

1. Short title.
2. Privileges, immunities and capacities of certain inter-

national organisations and their staffs.
3. Provisions as to Orders.
4. Diplomatic immunities of representatives attending

international conferences.
5. Reciprocal treatment.
6. Application to United Nations.

SCHEDULE.

DIPLOMATIC PRIVILEGES (EXTENSION)

(20th December, 1948 .) 911948.
411951.

S.R.O. 2211956.
1811989.

S . I . 3911989.

1. This Act may be cited as the Diplomatic Privileges Short title.
(Extension) Act.

Privileges 2. (1) This section shall apply to any organization . immunities and
declared by Order of the Cabinet to be an organization of canacities of
which ~ e r Majesty's Government in the united Kingdom ;*:ational
and the government or governments of one or more foreign organizations and
sovereign Powers are members. their staffs.

(2) The Cabinet may by Order-

L4WS OF ANTIGUA AND BARBUDA

2 CAP. 13 7) Diplomatic Privileges (Extension)

(a) provide that any organisation to which this sec-
tion applies (hereinafter referred to as "the organisa-
tion") shall, to such extent as may be specified in the
Order, have the immunities and privileges set out in

Schedule Part I. Part I of the Schedule, and shall also have the legal
capacities of a body corporate;

(6) confer upon-

(i) any persons who are representatives (whether
of governments or not) on any organ of the
organization or are members of any commit-
tee of the organization or of an organ thereof;

(ii) such number of officers of the organization as
may be specified in the Order, being the
holders of such high offices in the organisa-
tion as may be so specified; and

(iii) such persons employed on missions on behalf
of the organization as may be so specified; i *

to such extent as may be specified in the Order, the
Schedule Part 11. immunities and privileges set out in Part I1 of the Schedule;

(c) confer upon such other classes of officers and
servants of the organization as may be specified in the
Order, to such extent as may be so specified, the

SchedulePartlI1. immunities and privileges set out in Part I11 of the
Schedule,

schedule Part IV. and Part IV of the Schedule shall have effect for the purpose
of extending to the staffs of such representatives and members
as are mentioned in sub-paragraph (i) of paragraph (6) and
to the families of officers of the organization any immunities
and privileges conferred on the representatives, members or
officers under that paragraph, except in so far as the opera-
tion of the said Part 1V is excluded by the Order conferring
the immunities and privileges:

Provided that the Order shall be so framed as to secure
that there are not conferred on any person any immunities
or privileges greater in extent than those which, at the time
of the making of the Order, are required to be conferred
on that person in order to give effect to any international
agreement in that behalf.

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Diplomatic Privileges (Extension) (CAP. 137 3

(3) Where immunities and privileges are conferred on
any persons by an Order made under the last foregoing
subsection, the Cabinet-

(a) shall compile a list of the persons entitled to
immunities and privileges conferred under paragraph
(6) of that subsection, and may compile a list of the
persons entitled to immunities and privileges conferred
under paragraph (c) of that subsection;

(6) shall cause any list compiled under this subsec-
tion to be published in the Gazette; and

(c) whenever any person ceases or begins to be
entitled to the immunities and privileges to which any
such list relates, shall amend the list and cause a notice
of the amendment, or, if he thinks fit, an amended list,
to be published as aforesaid.

(4) Every list or notice published under the last fore-
going subsection shall state the date from which the list or
amendment takes or took effect; and the fact that any person
is or was included or not included at any time among the
persons entitled to the immunities and privileges in ques-
tion may, if a list of those persons has been so published,
be conclusively proved by producing the Gazette containing
the list, or, as the case may be, the last list taking effect before
that time, together with the Gazette (if any) containing notices
of the amendments taking effect before that time, and by
showing that the name of that person is or was at that time
included or not included in the said list.

3. (1) Every Order made under subsection (1) or Provisions as to
Orders.

subsection (2) of the last foregoing section shall be laid as
soon as may be before Parliament and if Parliament by
resolution request that the Order be annulled, the Cabinet
may annul the Order and it shall thereupon cease to have
effect, but without prejudice to the validity of anything done
thereunder in the meantime or to the making of a new Order.

(2) Any such Order may be varied or revoked by a
subsequent Order made in like manner.

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4 CAP. 13 7) Diplomatic Privileges (Extension)

Diplomatic
immunities of

4. (1) Where a conference is held in Antigua and
representatives Barbuda and is attended by the representatives of Her
attending
international

Majesty's Government in the United Kingdom and the
conferences. Government or Governments of one or more foreign

sovereign Powers, and it appears to the Minister that doubts
may arise as to the extent to which the representatives of
such foreign Powers and members of their official staffs are
entitled to diplomatic immunities, he may-

(a) compile a list of the persons aforesaid who are
entitled to such immunities, and cause that list to be
published in the Gazette; and

( b ) whenever it appears to the Minister that any
person ceases or begins to be entitled to such immunities,
amend the list and cause a notice of amendment or,
if he thinks fit, an amended list, to be published as
aforesaid,

and every representative of a foreign Power who is for the
time being included in the list shall be accorded the same
diplomatic immunities as an envoy of a foreign Power
accredited to Her Majesty in England is accorded under the
law of England and such of the members of his official staff
as are for the time being included in the list shall be accorded
the same diplomatic immunities as the retinue of such an
envoy is accorded under the law of England.

(2) Every list or notice published under the last fore-
going subsection in relation to any conference shall include
a statement of the date from which the list or amendment
takes or took effect; and the fact that any person is or was
included or not included at any time among the persons
entitled to diplomatic immunities as representatives attending
the conference or as members of the official staff of any such
representative may, if a list of those persons has been so
published, be conclusively proved by producing the Gazette
containing the list or, as the case may be, the last list taking
effect before that time, together with the Gazette (if any) con-
taining notices of the amendments taking effect before that
time, and by showing that the name of that person is or
was at that time included or not included in the said list.

Reciprocal
treatment.

5 . Nothing in the foregoing provisions of this Act shall
be construed as precluding the Cabinet from declining to

LAWS OF ANTIGUA AND BARBUDA

Diplomatic Privileges (Extension) (CAP. 13 7

accord immunities or privileges to, or from withdrawing
immunities or privileges from, nationals or representatives
of any Power on the ground that that Power is failing to
accord corresponding immunities or privileges to Common-
wealth nationals or representatives.

6. This Act shall in its application to the United ~ ~ ~ ~ ~ i ~ ; s .
Nations have effect subject to the following modifications-

(a) any reference to the governing body or any
committee of the organization shall be construed as refer-
ring to the General Assembly or any council or other
organ of the United Nations; and

(6) the powers conferred upon the Cabinet by
subsection (2) of section 2 shall include power to confer
on the judges and registrars of the International Court,
and on suitors to that Court and their agents, counsel
and advocates, such immunities, privileges and facilities
as may be required to give effect to any resolution30f
or convention approved by the General Assembly of the
United Nations.

SCHEDULE

PART I

Immunities and privileges of the organization

1. Immunity from suit and legal process.

2. The like inviolability of official archives and premises
occupied as offices as is accorded under the law of England in
respect of the official archives and premises of an envoy of a foreign
sovereign Power accredited to Her Majesty.

3. The like exemption or relief from taxes and rates, other
than taxes on the importation of goods, as is accorded under the
law of England to a foreign sovereign Power.

4. Exemption from taxes on the importation of goods
directly imported by the organization for its offlcii use in Antigua
and Barbuda or for exportation, or on the importation of any
publications of the organization directly imported by it, such

LAWS OF ANTIGUA AND BARBUDA

CAP. 137) Diplomatic Privileges (Extension)

exemption to be subject to compliance with such conditions as
the Cabinet may prescribe, for the protection of the Revenue.

5 . Exemption from prohibitions and restrictions on importa-
tion 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.

6. 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 Antigua and
Barbuda), of any reduced rates applicable for the corresponding
service in the case of press telegrams.

PART I1 s. 2 (2) (b)
Immunities and Privileges of Representatives, Members of Committees, High

Of f i rs and Persons on Missions

1. The like immunity from suit and legal process as is
accorded under the law of England to an envoy of a foreign Power
accredited to Her Majesty.

2. The like inviolability of residence as is accorded to such
an envoy.

3. The like exemption or relief from taxes as is accorded
to such an envoy.

PART I11 s . 2 (2) (c)
Immunities and Privileges of Other Officers and Servants

1. Immunity from suit and legal process in respect of things
done or omitted to be done in the course of the performance of
official duties.

2. Exemption from income tax in respect of emoluments
received as an officer or servant of the organization.

PART IV S. 2 (2)

Immunities and Privileges of Official Staffs and of High Officers' Families

1. Where any person is entitled to any such immunities
and privileges as are mentioned in Part I1 of this Schedule as a
representative on any organ of the organization or a member of

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Diplomatic Privileges (Extension) (CAP. 13 7 7

any committee of the organization or of an organ thereof, his official
staff accompanying him as such a representative or member shall
also be entitled to those immunities and privileges to the same
exent as the retinue of an envoy of a foreign sovereign Power
accredited to Her Majesty is entitled to the immunities and
privileges accorded to the envoy.

2. Where any person is entitled to any such immunities
and privileges as are mentioned in Part I1 of this Schedule as an
officer of the organization, that person's wife or husband and
children under the age of twenty-one shall also be entitled to those
immunities and privileges to the same extent as the wife or hus-
band and children of an envoy of a foreign sovereign Power
accredited to Her Majesty are entitled under the law of England
to the immunities and privileges accorded to the envoy.
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