No. 20 of 1998. The Regional Security Systems Act, 1998. 1 ANTIGUA
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BARBUDA
[ L.S. ]
I Assent,
James B. Carlisle,
Governor-General.
3 1st December, 1998.
ANTIGUA AND BARBUDA
No. 20 of 1998
AN ACT to provide for the implementation of the Treaty
establishing the Regional Security System.
[ 18th February, 1999 I
ENACTED by the Parliament of Antigua and Barbuda as
follows:
Preliminary
Citation
1. This Act may be cited as the Regional Security System Act, Short title.
1998.
Definitions
2. In this Act
(a) "civil court" means a court of ordinary criminal juris-
diction in Antigua and Barbuda and includes a court of
summary jurisdction;
Interpretation.
(b) "Coordinator" means the Regional Coordinator of the
Regional Security System established by the Treaty;
ANTIGUA 2
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Force of law.
Status of System.
Civil courts'
jurisdiction.
The Regional Security Systems Act, 1998. No. 20 of 1998.
(c) "dependant" means, with reference to a mrlitary mem-
ber or to a member of the police force, the spouse of the
member or a child of the member depending on him for
support;
d " d t a r y member" means a member of the armed
forces of a Member State;
(e) "Member State" means a Member State of the Regional
Security System;
(f) "police member" means a member of the Police Force
of a Member State;
( g ) "System" or "RSS" means the Regional Security Sys-
tem established by the Treaty;
(h) "service court" means a court-martial and includes the
service authorities of a Member State who are empow-
ered by the laws of that State to deal with disciplinary
charges;
(i) "service personnel" means personnel of the Defence
Force or Police Force of a Member State:
( j ) "Treaty" means the Treaty Establishing the Regional
Security System done at St. George's on the 5th day of
March, 1996, and the text of which is set out in the
Schedule.
PART I
Provisions Relating to the Regional Security System
3. This Act applies to service personnel of Member States of the
RSS.
4. Articles 10 and 14 of the Treaty has the force of law in Antigua
and Barbuda.
5. The System is a body corporate with full juridical personality.
6. Except in respect of offences mentioned in section 8(2), the
civil courts have the pnmary right to exercise jurisdiction in respect
No. 20 of 1998. The Regional Security Systems Act, 1998. 3 ANTIGUA
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of any act that constitutes an offence against any law in force in
Antigua and Barbuda and that is committed by service personnel or
a dependant while such personnel or dependant are on RSS duty.
7. Where a military member or a dependant has been tried by a
service court and has been convicted or acquitted, he may not be
tried again by a civil court for the same offence.
8. (1) Subject to thls Act, the service authorities and service courts
of another Member State may exercise within Aantigua and Bar-
buda in relation to military members of that force and their dependants,
all the criminal and disciplinary jurisdction that is conferred upon
them by the law of that other Member State.
(2) With respect to the alleged commission by a military ~nember
of an offence respecting
(a ) the property or security of that member's state,
(b) the person or property of another member of the state
referred to in paragraph (a) or a dependent, or
(c ) an act done in the performance of official duty,
the service courts of that member's state have the primary right to
exercise jurisdiction.
9. (1) Where a military member or a dependant has been tried by
a civil court and has been convicted or acquitted, he may not be tried
again within Antigua and Barbuda for the same offence by a service
court of that member's state.
(2) Nothing in subsection (1) prevents a service court from trying
within Antigua and Barbuda a military member or a dependant for
any violation of rules of discipline arising from an act that consti-
tuted an offence for which he was tried by a civil court.
10. Where under sections 7 to 9 a civil court or a service court of
a Member State other than Antigua and Barbuda has the primary
right to exercise jurisdiction, the court having the primary right has
the right to deal with charges against alleged offenders in the first
instance, but that right may be waived in accordance with such
regulations as may be made in that behalf.
Previous trial by
service courts.
Jurisdiction of
service courts.
Previous trial by
civil courts.
Trial by court
having primary
right.
ANTIGUA 4 The Regional Security Systems Act, 1998. No. 20 of 1998.
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Certificate 11. A cer
tifi
cate of the Coordinator that anydung alleged to have
concerning been done by a military member or a police merr~ber of that state was
official duty. or was not done in the performance of official duty, is receivable in
evidence in my civil court and for the purposes of this Act is prima
facie proof of that fact.
Witnesses.
Sentences.
Detention.
12. (1) The members of a service court that is exercising
jurisdiction by virtue of this Act, and witnesses appearing before
such a service court, have the like immunities and privileges as a
court-martial exercising jurisdiction under the Defence Act, and
witnesses appearing before any such court martial.
(2) Subsection (1) applies only to military members.
13. Where any sentance has been passed by a service court within
or outside Antigua and Barbuda upon a military rnerr~ber, or a
dependant, then for the purposes of any legal proceedings within
Antigua and Barbuda
( a ) the service court shall be deemed to have been properly
constituted;
(6) its proceedings shall be deemed to have been regularly
conducted;
(c) the sentence shall be deemed to have been within the
jurisdiction of the service court and in accordance with
the law of the relevant Member State; and
(d) if the sentence has been executed according to the tenor
thereof, the sentance shall be deemed to have been
lawwfully executed.
14. Any military member or any dependant who is detained in
custody
(a ) in pursuance of a sentence mentioned in section 13,
(b) pending the determination by a service court of a
charge brought against him, or
(c) pending his repatriation to his home State,
shall, for the purposes of any legal proceedings within Antigua and
Barbuda, be deemed to be in lawful custody.
No. 20 of 1998. The Regional Security Systems Act, 1998. 5 ANTIGUA
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15. (1) For the purposes of any legal proceedings within Antigua Certificate of
and Barbuda, a certificate under the hand of the Coordinator stating
that the person specified in the certificate sat at a service court is
receivable in evidence and is conclusive proof of that fact.
(2) A certificate under the hand of the Coordinator given
pursuant to subsection (1) stating that a military member or a
dependant is being detained in any of the circumstances described
in section 14, is receivable in evidence and is conclusive proof of
the cause of his detention, but not of his being a military member
or a dependant.
16. For the purposes of enabling the RSS to exercise more Arrest.
effectively the powers conferred upon it by this Act, service
personnel seconded to headquarters or mobilised for duty or training
under joint RSS command may arrest other service personnel so
seconded or mobilised without regard to the Member State of origin
of the parties involved.
17. Where a military member or a dependant has been sentenced Place of
by a service court to undergo a punishment involving incarceration, incarceration.
the incarceration may, at the request of the officer in command of
the military member and in accordance with the standing orders
made by the Coordinator, be served in an establishment at headquar-
ters or in such other place as the Coordinator determines.
18. Nothing in this Act shall be construed to prevent service Common law
personnel mobilised for duty or training under joint RSS command arrest.
in Antigua and barbuda from exercising any common law power to
make an arrest.
19. Service personnel acting in the course of their duties,
(a) may, after consultation with the competent authorities
of Antigua and Barbuda, and if authorised to do so by
orders of the RSS, posses and cany explosives, arnmu-
nition and firearms: and
Firearms and
drilling.
(b) are not subject to any law of Antigua and Barbuda
relating to unlawful drilling or the making or possess-
ing of explosives.
ANTIGUA 6
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Claims
Cap 121
Proceedings when
pension pay able.
Enforcement of
judgment.
Ships.
Ofticial duty.
The Regional Security Systems Act, 1998. No. 20 of 1998.
20. For the purposes of the Crown Proceeding Act,
(a) a tort committed by a military member or a police
member while acting withm the scope of his duties or
employment shall be deemed to have been committed
by a servant of the Crown while acting within the scope
of his duties or employment;
(b) property owned, occupied, possessed or controlled by
the armed forces or police force of a member State
other than Antigua and barbuda shall be deemed to be
possessed or controlled by the Crown;
(c) a service motor vehicle of the armed forces or police
force of a Member State other than Antigua and
Barbuda shall be deemed to be owned by the Crown.
21. No pmceabngs lie against the Crown by virtue of secL-n 20,
or against any military member or police member of another
Member State who is deemed a servant of the Crown under that
section in respect of a claim by such a military member or police
member or his personal representative or a dependant arising out of
the death, or injury to the person, of the military member or a police
member if compensation has been paid or is payable by a Member
State, or out of any funds adrmnistered by any agency of a Member
State, for the death or injury.
22. A military member or police member of a Member State
other than Antigua and Barbuda is not subject to any proceedings for
the enforcement of any judgment given against him in Antigua and
Barbuda in respect of a matter that arose while he was acting within
the scope of his duties or employment.
23. Except as section 20 may be made applicable by order of the
Governor-General in respect of the ships of the other Member
States, that section does not apply to a claim arising out of or in
connection with the navigation, operation or salvage of a ship or the
loading, carriage or discharge of a cargo, unless the claim is a claim
arising out of death or injury to the person.
24. Where a question that cannot be settled by negotiation
between the parties arises under this Act a certificate from the
Coordinator that
No. 20 of 1998. 7'he Regional Security Systems Act, 1998. 7 ANTIGUA
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(a) a military member or a police member was acting
within the scope of his duties or employment, or
(b) a matter in respect of which judgment was given
against a member referred to in paragraph (a) arose
while he was acting within the scope of his duties or
employment,
is final and conclusive.
25. A member of the staff of the headquarters is exempt fmm Salaries.
taxation in Antigua and Barbuda on the salary and emoluments paid
to him as a member of such staff and in respect of any tangible
movable property that is in Antigua and Barbuda temporarily by
reason of his presence in Antigua and Barbuda in that capacity.
26. No tax is payable in respect of the licensing or registration of RSS vehicle.
RSS vehicles or in respect of the use of those vehicles on any road
in Antigua and Barbuda.
27. (1) The RSS may import into Antigua and Barbuda, free of Imports.
customs duty and any tax, equipment for the RSS and such
quantities of provisions, supplies and other goods for the exclusive
use of the RSS as in the opinion of the Minister responsible for
Finance are reasonable.
(2) The Minister responsible for Finance may authorise the
import into Antigua and Barbuda, free of duty and tax, of goods for
use by dependants of members of the RSS.
28. Service personnel may Personal effects.
(a) at the time of their arrival to take up service in Antigua
and Barbuda and at the time of the first arrival of any
dependant to join them, import personal effects and
furmture free of customs duty and any tax; and
(b) import, free of customs duty and any tax, private motor
vehicles for personal use of themselves and their
dependants temporarily,
but paragraph (b) shall not be construed as granting or authorising
the granting of any exception from taxes or fees in respect of the
licensing or the registration of private vehicles or the use of the roads
by private vehicles in Antigua and Barbuda.
ANTIGUA 8 The Regional Security Systems Act, 1998. No. 20 of 1998.
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Fuel, oil, etc. 29. No customs duty or any tax is payable on any fuel, oil or
lubricants intended for use exclusively in the service vehicles,
aircraft or vessels of Member States during operations on behalf of
the RSS or during training exercises arranged by the RSS.
Coroner's inquest. 30. (1) Where a coroner who has jurisdiction to hold an inquest
touching a death is satisfied that the deceased person at the time of
his death had a relevant association with service personnel of a
Member State other than Antigua and Barbuda, then, unless the
Governor-General otherwise directs, the coroner may hold the
inquest, or if it has been begun but not completed, shall adjourn it.
(2) Subject to subsection (I), a coroner referred to in that
subsection shall, unless the Governor-General otherwise directs,
adjourn the inquest if he is satisfied
(a) that a person who is subject to the jurisdiction of the
service courts of a Member State other than Antigua
and Barbuda;
(i) has been charged before a service court
with the homicide of the deceased person
referred to in subsection (I), whether or
not that charge has been dealth with, or
(ii) is likely to be returned to a Member State
for trial and sentencing in connection with
the homicide;
(b) that a police member of that other Member State is
likely to be returned to that other Member State for trial
for the homicide, or
(c) that a person referred to in paragraph (a) or (b) is being
detained by an authority of another Member State with
a view to being so charged.
(3) 'Where an inquest is adjourned under this section the coroner
may resume the inquest only on the direction of the Governor-
General.
(4) Where an inquest that was adjourned under this section is
resumed, the coroner shall proceed in all respects as if the inquest
had not been previously begun.
NO. 20 of 1998. The Regional Security Systems Act, 1998. 9 ANTIGUK
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(5) In this section
(a) "homicide" includes murder, manslaughter, infanti-
cide and any offence under the law of the country in
question that is anologous to any of those offences;
(b) references to a person having a relevant association
with service personnel of a Member State are refer-
ences to his being at the time
(i) a member of the armed forces or the police
force of a Member State or a member of a
civilian component of such a force, or
(ii) a person who, not being a citizen of An-
tigua and Barbuda or a permanent resident
thereof within the meaning of the Irnrni-
gration and Passport Act, is a member of Cap 208.
the armed forces or police force or a
civilian component of that force.
(6) In determining for the purposes of this section whether a
person is, or was at any time, a permanent resident of Antigua and
Barbuda, no account shall be taken of any period during which he
has been, or intends to be, present in Antigua and Barbuda
(a) as a member of the armed forces or police force of a
Member State or of a civilian component of such a
force, or
(b) as a dependant of a member of such armed forces or
police force or a civrlian component of such a force.
31. (1) Notwithstanding anythmg in this Act, a military member Repatriation.
seconded for duty to the headquarters of the RSS or mobilised for
operation or training under joint RSS command who commits an
offence
(a) in respect of which the civil courts of Antigua and
Barbuda have the primary right to exercise jurisdiction
shall, if the civil courts of Antigua and Barbuda waive
that right, be repatriated to his home force for trial and
sentencing; or
ANTIGUA 10 The Regional Security Systems Act, 1998. No. 20 of 1998.
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(b) in respect of which a service court of his home force has
jurisdiction shall, if there is no such court available, be
repatriated to his home force for trial and sentencing.
(2) Where a police member seconded for duty to the headquarters
of the RSS or mobilised for operations or training under joint RSS
command commits an offence in respect of which the civil courts of
Antigua and Barbuda have the primary right to exercise jurisdiction
shall, if the civil courts waive that right, be repatriated to his home
force for trial and sentencing or to be otherwise dealt with in
accordance with law.
(3) Where a police member referred to in subsection (2) commits
an offence that would, if that police member were a military member
(a) be triable by a service court, or
(b) be a breach of discipline under any rules in force in
respect of his home force,
he shall be returned to h home force for trial and sentencing or for
disciplinary p r d n g s to be casried out against him.
Customs 32. N o h g in the Customs (Control and Management) Act shall
No. Of 1993 apply to restrict or prohibit the entry into or transit through Antigua
and Barbuda of material required for the purposes of the System.
PART I1
Provisions Relating to the Headquarters Agreement
Financial 33. All amounts required to be paid by the Government for the
provisions. purpose of meeting the obligations of Antigua and Barbuda under
this Act, the Treaty and Headquarters Agreement are charged on and
shall be paid out of the Consolidated Fund.
Exemption from 34. Nothing in the Irrmigratior? and Passport Act shall apply to
immigration the persons mentioned in Article XI of the Headquarters Agree-
Cap 208. ment.
Regulations. 35. The Minister responsible for Defence may makc such
regulations as are necessary for giving effect to ths Act.
No. 20 of 1998. 7'he Regional Security Systems Act, 1998. 1 1 ANTIGUA
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36. This Act shall come into operation on a date to be fuced by Commencement.
proclamation.
SCHEDULE
PART I
(section 2)
TREATY ESTABLISHING THE REGIONAL SECTJRITY SYSTEM
PREAMBLE
The Governments of the Contracting States
CONVINCED that the stability and well-being of the Caribbean region can best be
promoted by mutual co-operation;
WISHING to maximize their strength in the interest of the defence of their States
and to achieve social and economic development for their people;
SEEKING to preserve the common heritage of their people, founded on the
principles of democracy, liberty of the individual and the rule of law;
Have agreed as follows:
ARTICLE 1
Establishment of System
By this Treaty the Contracting Parlies establish the Regional Security System, in this
Treaty referred to as the "System" or "RSS", having the members, powers and functions
hereinafter set forth.
ARTICLE 2
Membership
1. Membership of the System is open to the following States:
Antigua and Barbuda
Barbados
The Commonwealth of Dominica
Grenada
Saint Christopher and Nevis
Saint Lucia
Saint Vincent and The Grenadines.
ANTIGUA 12 The Regional Security Systems Act, 1998. No. 20 of 1998.
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2. The States listed in paragraph 1 of this Article the Governments of which sign and
ratify this Treaty in accordance with Article 25 shall be the members of the System, and
such States are referred to in this Treaty as the "Member States".
ARTICLE 3
For the purposes of this Treaty
(a) "Forces Commanders" means
(i) the Commander of the Antigua and Barbuda Defence Force;
(ii) the Commissioner of Police of the Royal Police Force of
Antigua and Barbuda;
(iii) the Chef of Staff of the Barbados Defence Force;
(iv) the Commissioner of Police of the Royal Barbados Police
Force;
(v) the Commissioner of Police of the Commonwealth of
Dominica Police Force;
(vi) the Commissioner of Police of the Royal Grenada Police
Force;
(vii) the Commissioner of Police of the Royal Saint Christopher
and Nevis Police Force;
(viii) the Commissioner of Police sf the Royal Saint Lucia Police
Force; and
(ix) the Commissioner of Police of the Royal Saint Vincent and
The Grenadines Police Force;
(b) "service personnel" means personnel belonging to or comecM with
(i) the Antigua and Barbuda Defence Force or the Royal Police
Force of Antigua and barbuda,
(ii) the Barbados Defence Force or the Royal Barbados Police
Force;
No. 20 of 1998. The Regional Security Systems Act, 1998. 13 A~CIGUA
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(iii) the Commonwealth of Dominica Police Force;
(iv) the Royal Grenada Police Force;
(v) the Royal Saint Christopher and Nevis Police Force;
(vi) the Royal Saint Lucia Police Force;
(vii) the Royal Saint Vincent and The Grenadines Police Force.
ARTICLE 4
Purposes and Functions of the System
1. The purposes and functions of the System are to promote co-operation among the
Member States in the prevention and interdiction of traffic in illegal narcotic drugs, in
national emergencies, search and rescue, immigration control, fisheries protection,
customs and excise control, maritime policing duties, natural and other disasters,
pollution control, combating threats to national security, the prevention of smuggling,
and in the protection of off-shore installations and exclusive economic zones.
2. In order to achieve the purposes of this Treaty, the Member States
(a) separately and jointly shall, by means of self-help and mutual aid, maintain
and develop their individual and collective capacity to assist one another;
and
(b) agree that service personnel of one Member State talung part in operations
in another Member State or in the territorial sea or exclusive economic
zone of that other Member State shall have all the rights, powers, duties,
privileges and immunities conferred on service personnel of the second
mentioned Member State by the laws of that State.
3. The interests of one Member State are the interests of the others; and accordingly
the Member States shall have the right of "hot-pursuit" within each other's territorial sea
and exclusive economic zone.
4. The Member States shall consult together whenever, in the opinion of any of them,
the denlocratic institutions, territorial integrity, political independence or security of
any of them is threatened.
5. TIe Member States agree that an m e d attack against one of them by a third Stae
or from any other source is an armed attack against ham dl, and consequently agree
that In the event of such an attack, each of them, in the exercise of the inherent right of
ANTIGUA 14 The Regional Security Systems Act, 1998. No. 20 of 1998.
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individual or collective self-defence recogtllzed by Article 51 of the Charter of the
United Nations, will determine the measures to be taken to assist the State so attacked
by taking forthwith, individually or collectively, any necessary action, including tha use
oi armed force, to restore and maintain &e peace and security of the Member State.
6. Any such armed attack and all measures taken as a result thereof shall immediately
be reported to the Security Council of the United Nations. Such measures shall be
terminated when the Security Council has taken the measures necessary to secure and
maintain peace in the Member State.
ARTICLE 5
Status of Treaty
1. Ths Treaty does not affect and shall not be construed as affecting the rights and
obligations under the Charter of the united Nations of the Member States or the
responsibility of the United Nations for the maintenance of international peace and
security.
2. Each Member State declares that none of the international engagements now in
force between it and any other Member State or any third State is in conflict with the
provisions of this Treaty, and undertakes not to enter into any international engagement
in conflict with this Treaty while this Treaty remains in force in respect of that Member
State.
ARTICLE 6
Council of Ministers
1. A Council of Ministers, in this Treaty referred to as the "Council", is hereby
established.
2. The Council comprises the Ministers responsible for Defence and Security of the
Member States or such other Ministers and Plenipotentiaries as may be designated by
the Heads of Governments of the Member States.
3. The Council shall be responsible for and shall have general direction and control
of the System.
4. The Council is the supreme policy making body of the System.
5. The Council shall set up such subsidiary bodies as may be necessary to ensure the
achievement of the purposes of this Treaty.
No. 20 of 1998. The Regional Security Systems Act, 1998. 15 ANTIGUA
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6. Subject to this Treaty, the Council is responsible for the financial arrangements
necessary for meeting the expenses of the System and is the final authority in matters
relating to the financial affairs of the System.
7. The Council shall be the final authority for the conclusion of treaties or other
international agreements on behalf of the System and for entering into relationships
between the System and third States or international organisations.
8. The Council shall meet at least once a year and may determine its own procedure.
9. The chairmanship of the Council shall be rotated annually among the members
of the Council in alphabetical order of the Member States.
10. The decisions of the Council shall be by a majority of two-thirds of the
membership of the Council.
ARTICLE 7
Secretariat
1. A secretariat, in this Treaty referred to as the "Council Liaison Office" or "(=LO",
is hereby established and shall be responsible for the general admnistration of the
System.
2. The Central Liaison office comprises a Regional Security Co-ordinator, in this
Treaty referred to as the "Co-ordinator", and such other staff as the System may require.
3. The Co-ordinator shall be appointed by the Council and is the Chief Executive
with subject to Article 6, responsibility for the general adrmnistrative direction
of the System.
4. More particularly, the duties of the Co-ordinator are:
(a) to arrange and service meetings of the System;
jb) to take appropriate action in respect of any decision taken, or dnective
given, at any such meeting;
(c) to co-ordinate the operations of the System;
(d) to advise the Council in matters relating to regional security; and
je) to make annually, or at such other intervals as the council requires, reports
on the operationali and administrative activities of the System.
ANTIGUA 16 The Regional Security Systems Act, 1998. No. 20 of 1998.
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5. The Coordinator may, in his discretion, appoint all staff of the System except the
Staff Officers who shall be appointed by the Co-ordinator after consultation with the
Forces Commanders.
6. The salaries and allowances of the staff of the CLO s h d be beed from time to time
by the Council.
7. The Co-ordinator shall submit any information or prepare any document
requested by the Council and submit and prepare any other information relating to the
functions of the System about which the Coordinator considers the council ought to
be informed.
ARTICLE 8
The Budget
1. There shall be a budget of the System.
2. The revenue of the budget shall be derived from the contributions of Member
States in such proportions as may be determined by the Council from time to time and
from such other sources as may be available to the Council.
3. The budget shall not be used for operational purposes in a Member State; but
where one Member State requests assistance fmm one or more of the other Member
States, in this Treaty ref& to as the "requesting State" and the "sending State"
respectively, material and equipment held by the System may be used for the purposes
of the operation, and any material and equipment so used shall be replaced by the
requesting state.
4. The Co-ordinator shall prepare and submit, for the approval of the Council,
estimates on a triennial basis, but where circumstances change during any triennium for
which estimates were submitted, the Co-ordinator shall prepare and submit supplemen-
tary estimates.
5. The Coordinator shall submit annual financial statements to the Council.
2. The Service Authorities of one Member State have, within another Member State
or on board any vessel or aircraft of that other State, the right to exercise all such criminal
and disciplinary jurisdiction over the service perso~el of the first-mentioned Member
State, as are confend on the Service Authorities of that State by the laws of that State,
including the right to repatriate to their own state for trial and sentencing.
3. The Courts of one Member State have jurisdiction over service p n n e l of
another Member State with respect to offences that are committed by the service
NO. 20 of 1998. The Regional Security Systems Act, 1998. 17 ANTIGUA
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personnel of that other Member State within the first-mentioned Member State and
punishable by the law of the first-mentioned member State.
4. Where the C~urts of one Member State and the Service Authorities of another
member State have the right to exercise jurisdiction in respect of an offence, the Service
Authorities of that other Member State have the primary right to exercise jurisdiction
if
(a) the offence is committed by a member of the service personnel of that other
member State against the property or security of that other Member State
or against the property or person of another member of the service
personnel, or
(b) the offence arise out sf an act or ommission occurring in the course of
official duty by a member of the service personnel of that other Member
State.
5. In any case other than those mentioned in paragraphs (2), (3) and (4), the Member
State within which the offence is committed has the primary right to exercise
jurisdiction; but where the State with the primary right decides not to exercise
jurisdiction, it shall n o w the appropriate authorities of the other State as soon as
practicable.
ARTICLE 9
Planning and Operations
1. There is hereby established a joint co-ordinating and planning committee
comprising the Forces Commanders.
2. The Co-ordinator shall be the chairman of the Joint Co-ordinating and Planning
Committee.
3. Combined operations shall be co-ordinated through the operations room at the
Head-quartersof the Barbados Defence Force or such other suitable place as may be
determined by the Co-ordinator.
ARTICLE 10
Command and Discipline
1. For the purposes of this Treaty
(a ) the requesting state shall have operational control over all service person-
nel participating in operations in that State;
ANTIGUA 18 The Regional Security Systems Act, 1998. No. 20 of 1998.
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(b) the senior officer of a sending statz shall exercise tactical command over
his service personnel; and
(c) the, officer commanding service personnel of a sending State shall be
responsible for the conduct and discipline of subordinate service personnel
of that State.
2. Service personnel of Member States seconded for duty at the CLO or mobilised
for operations or training under joint RSS command shall be subject to the authority of
service personnel of superior rank without regard to the Member State of origin.
ARTICLE 11
Jurisdiction
1. When service personnel of one Member State are within the jurisdiction of another
Member State, they shall respect the laws, customs and traditions of that other Member
State.
ARTICLE 12
Claims
Except as otherwise agreed, the requesting State shall
(a) not institute any legal proceedings against a sending State or its service
personnel or other legal entities acting on its behalf;
(b) deal with legal pr&ngs and claims brought by third parties against a
sending State or against service personnel or other legal entities acting on
its behalf;
(c) preserve, save and keep free service personnel of the sending State or
persons or other legal entities acting on its behalf;
(d) compensate a sending State or its service personnel or other legal entities
acting on its behalf,
in respect of death or injury to such service personnel, damage to or loss of equipment
or property, or damage to the environment arising within its territory or other area under
its jurisdiction or control in the course of providing assistance.
No. 20 of 1998. The Regional Security Systems Act, 1998. 19 ANTIGUA
AND
BARBUDA
ARTICLE 13
Training
Service personnel of tle Member States shall undergo training in any of the Member
States as agreed by the Forces C!anmanclers.
ARTICLE 14
Coast Guard
1. Coast guard vessels of Member States shall, during operations on behalf of the
System or training exercises arranged by the System, fly the RSS flag in addition to their
national flags; and during such operations or training exercises, personnel of the vessels'
complement shall wear RSS badges of rank or other designation appropriate to their
appointments as set out in the Annex to this Treaty.
2. A coast guard vessel referred to in paragraph (1) shall, during such operations or
training exercises, be deemed to be a vessel of the Member State in whose territorial sea
or exclusive economic zone the operations or training exercises are taking place.
ARTICLE 15
Ranks and Badges of Rank
Service personnel of Member States seconded for duty to the CLO or mobilised for
operations or training under joint RSS command shall wear approved RSS badges of
rank or other designation oppropriate to their appointments as set out in the Annex to
this Treaty.
Procurement
Arms, ammunition, uniforms, equipment and stores may be procured by the System
under a joint procurement programme and shall be transferable among the Member
States.
ARTICLE 17
Transit of personnel and Equipment
Member States shall take all meas- necessary to facilitate the W t b u g h their
ANTIGUA 20 The Regional Security Systems Act, 1998. No. 20 of 1998.
AND
BARBUDA
(a) in providing assistance to a questing State; or
(b) in training exercises or operations under joint RSS command.
ARTICLE 18
Operational Expenses
For the purposes of this Treaty, the requesting State shall pay the expenses incurred
in accommodating and victualling the service personnel of a sending State and the
medical expenses of any service personnel of a sending State who need medical
attention in the requesting State.
ARTICLE 19
Limited Assistance
Without affecting any rights or obligations under this treaty a Member State may
request assistance from one or more of the other Member States.
ARTICLE 20
Relations with States and other International Organisations
1. The System shall seek to establish relations with States and with other interna-
tional organisations which are in a position to further the purposes of this Treaty; and
to that end the Council may conclude agreements or enter upon working relationships
with such States or organisations.
2. The System may at any of its deliberations grant observer status to any State or
other international organisation.
ARTICLE 21
Status, Privileges and Immunities of the System
1. The System shall be an international organisation and shall have and enjoy legal
personality.
2. The System shall have, in the temtory of each Member State,
(a ) the legal capacity required for the performance of its functions under this
Treaty; and
No. 20 of 1998. The Regional Security Systems Act, 1998. 2 1 ANTIGUA
AND
BARBUDA
(b) the power to acquire, hold and dispose of property, whether real or
personal, movable or immovable.
3. The System shall, in the exercise of its legal personality, be represented by the Co-
ordinator.
4. The privileges and immunities to be granted to senior officials of the System at
its Headquarters and in the Member States shall be the same as are accorded to members
of a diplomatic mission accredited to the Government of the Member State in which
the Headquarters of the System is located and in the Member States under the provisions
of the Vienna Convention on Diplomatic Relations of 18th April, 1961.
5. For the purposes of paragraph 4 of this Artxle, the senior officials of the System
shall be the Co-ordinator, and those officials of the System designated as such by the
Co-ordinator and approved by the Government of the Member State in which the
Headquarters of the System is located.
ARTICLE 22
Taxation
1. Within the scope of its official activities, the System, its assets and property, its
illcome, operations and transactions within the contemplation of this Treaty, shall be
exempt from all direct taxation; and goods imported for official use shall be exempt
from all customs duties and other imposts.
2. Notwithstanding paragraph 1, the System shall not claim exemption from taxes
which are no more than charges for public utility services.
3. Where purchase of goods or services of substantial value necessary for the official
activities of the System are made by the System or on its behalf, and the price of such
goods and services includes taxes or duties, appropriate measures shall, to the extent
practicable, be taken by Member States to grant exemption from such taxes or duties
or to provide for their reimbursement. Goods imported or purchased under an
exemption provided for in this Article shall not be sold or otherwise disposed of in the
territory of the Member State granting the exemption except under conditions agreed
with that Member State.
4. No tax shall be levied by Member States on or in respect of salaries and other
emoluments or any other form of payment made by the System to the Co-ordinator and
executive staff of the System as well as experts performing missions for the System and
who are not nationals of any Member State.
ANTIGUA 22 i"he Regional Security Systems Act, 1998. No. 20 of 1998.
AND
BARBUDA
ARTICLE 23
Interpretation of Treaty
In the absence of a contrary agreement, all disputes relating to the interpretation or
application of this Treaty shall be settled by the Council in accordance with its voting
procedures.
ARTICLE 24
Headquarters of System
The location of the headquarten of the System shall be determined by the Council.
ARTICLE 25
Signature and Ratification
1. This Treaty and any Protocol thereto, which forms an integral part of the Treaty,
shall be open for signature to all States specified in paagraph 1 of Article 2 of this treaty.
2. Thls Treaty is subject to ratification by the signatories in accordance with their
respective constitutional processes.
3. The original text of h s Treaty shall be deposited with the Government of
Barbados, which shall transmit certified copies thereof to all the signatories.
4. Insbuments of rattfication or accession shall be deposited with the Government
of Barbados, which shall notify all signatories of each such deposit
ARTICLE 26
Accession
The parties to this Treaty may, by unanimous agreement, invite any other State in
a position to further the principles of this Treaty, and to contribute to the peace and
security of the Eastern Caribbean, to accede to this Treaty, or may accept a request from
any such State for accession to this Treaty.
ARTICLE 27
Entry into Force
No. 20 of 1998. 7'he Regional Security Systems Act, 1998. 23 ANTIGUA
AND
BARBUDA
Barbados of the second instrument of ratification from the States specified in paragraph
1 of Article 2 of this Treaty.
ARTICLE 28
Termination
1. Thls Treaty is of unlimited duration.
2. This Treaty shall remain in force in respect of a Member State until terminated
in respect of that State on a day specified by notice in writing transmitted to each of the
other Member States by the Government of Barbados at least three months before the
day spec
ifi
ed in the notice.
3. If this Treaty is terminated either in relation to all or any of the Member States,
provisions relating to the criminal jurisdiction of any M e ~ ~ b e r State, the treatment of
claims by any Member State or the Financial obligations of any Member State, remain
in force until all outstanding matters are resolved.
ARTICLE 29
Amendments
1. A Member State may make written proposals for the amendment of this Treaty
and any Protocols thereto.
2. Amendments shall be effected by unanimous decision of the Council.
3. The text of any amendment shall be promptly commrmicated by the Co-ordinator
to the Government of barbados, which shall transmit ce
rtifi
ed copies thereof to all the
signatories to this Treaty and shall also inform them of the date of enby into force of
any such amendment.
ARTICLE 30
Registration
This Treaty and all its Protocols shall be registered by the Government of Barbados
with the Secretariat of the United Nations pursuant to Article 102 of the Charter of the
United Nations and shall also be registered with the Secretariat of the Caribbean
Community.
ANTIGUA 24 The Regional Security Systems Act, 1998. No. 20 of 1998.
AND
BARBUDA
ARTICLE 31
Transitional Arrangements
Until such time as the Co-ordinator is appointed, the powers and functions of that
office shall be exercised by the Chief of Staff, Barbados Defence Force.
ARTICLE 32
Memorandum of Understanding
The Memorandum of Understanding done at Paragon on the 25th day of November,
1992 shall cease to have effect upon the commencement of this Treaty and thereupon
all rights, privileges, immunities, duties, obligations and liabilities created by and
existing under, and every undertaking given pursuant to, the said Memorandum of
Understandmg shall be transferred to the System and shall be honoured by the Member
States and the System as if those rights, privileges, immunities, duties, obligations and
liabilities were created by, and the undertakings were given pursuant to, this Treatjr and
all Member States shall be deemed to have complied with paragraph 1 of Article 21 of
the said Memorandum of Understanding with regard to the giving of notice.
IN WITNESS WHEREOF, the Undersigned Plenipotentiaries, being duly authorised
thereto by their respective Governments, have signed the present Treaty.
DONE AT this day of
thousand nine hundred and ninety-seven.
One
For the Government of:
Antigua and Barbuda
Signed on behalf of the Govemment
..................................................................... Date.. ...............................................
For the Government of:
Barbados
Signed on behalf of the Government
..................................................................... Date.. ...............................................
For the Government of:
The Commonwealth of Dominica
Signed on behalf of the Government
..................................................................... Date.. ...............................................
No. 20 of 1998. l%e Regional Security Systems Act, 1998. 25 ANTIGUA
AND
BARBUDA
For the Govy-nmnt of:
Grenada
SignedonbeMfoftheGovmment
..................................................................... Date.. ...............................................
For the Goyemment of:
Saint Christopher and Nevis
Signed on behalf of the Government
............................................... ..................................................................... Date.
For the Govenunent of:
Saint Lucia
Signed on behalf of the Government
............................................... Date.. .....................................................................
For the Government of:
Saint Vincent and The Grenadines
S ipxi on hehatf of the Government
............................................... Date. .....................................................................
ANNEX
Senior Staff Ollker
(Staff Officer1
(Commanding Officer of a Coast
(Guard of a Member State
Badge of Rank or Desienation
Assistant Staff Officer I/
Commanding Officer of a
Pam1 Boat of a Member State
ANTIGUA 26 The Regional Security Systems Act, 1998. No. 20 of 1998.
AND
BARBUDA
Assistant Staff Officer IU
Deputy or Assistant Commanding Officer
of a Patrol Boat of a Member State
BoatswainITraining
Team Sergeant Major
Boatswain's Matdnstructor
Assistant Instructor
PART I1
Agreement between the regional Security System and the Government of Barbados
regarding the Headquarters of the Regional Security System.
AlXlS AND THE REGIONAL SECURITY
SYSTEM IN PURSUANCE OF Article 24 of the Treaty Establishing the Regional
Security System the Council of Ministers having agreed that the Headquarters of the
System shall be located in Baxbados;
Desiring to conclude an agreement regarding the principal office of the Regional
Security System in Barbados and the privileges, ht-nu~ties and facilities to be ganted
to it by the Cmvement of Barbados and other related matters:
HAVE AGREED as follows:
ARTICLE I
DEFINITIONS
Unless otherwise specifically provided herein or the context requires, the following
words shall have the folowing meanings:
(a ) "Archives of the System" means the records, correspondence, documents,
manuscripts, still and moving pictures and films and sound recordmgs,
belonging to, or held by the System;
No. 20 of 1998. The Regional Securiry Systems Act, 1998. 27 ANTIGUA
AND
BARBUDA
"Council" means the Council of Ministers;
"Coonimam" means the Regional Security Coordmator and, during his
absence or incapanty, the officer a u t h o d to act as Regional Security
Coordinator;
"Government" means the Government of Barbados:
'Xeadquarters premises" means the premises occupied by the Secretariat
known as the Cenh-al Liaison Officer or CLO, situate at the Barbados
Defence Force Base at Paragon in the parish of Christ Church in Barbados;
''Laws of Barbados'mmeans the Constitution of Barbados, its acts of
Parliament, common law in force in Barbados, judicial decisions, statutory
instruments, and any other enactments having the force of law in Barba-
dos:
''Member" means a State or Territory which has become a member of the
System in pursuance of the relevant provisions of the Treaty Establishing
the Regional ! k m t y System;
"member of the family" means the spouse and children of a person entitled
to benefits under this Agreement;
"Member of the household staff" means persons other than nationals of
Barbados, employed on the domestic staff of a person entitled to benefits
under this Agreement;
and staff of the System" means the Coodinator, Staff Officers,
and all other persons duly appointed and designated by the Coordinator as
officers or members of the staff of the System;
"property" means all forms of property, including military equipment,
assets, funds, income and rights belonging to or used for the purposes of
the System;
'%epresentatives of Members" means all individuals included in the
delegations of Members and duly accredited to the System;
"System" nmns the Regional Security System established by the Treaty;
'Trcaty" means the Trcaty Establishing the Regional security System at
S t George's on the 5th day of W h , 1996.
ANTIGUA 28 The Regional Security Systems Act, 1998. No. 20 of 1998.
AND
BARBUDA
ARTICLE I1
THE HEADQUARTERS SEAT
1. The Headquarten Seat of the System shall be in the premises occupied by the
Central Liaison Office.
2. The System, except as may be agreed otherwise between the Govenunent and the
System, shall be responsible for:
(a) the cost of repairs to the Headquarters Seat, whether of a recumng or non-
recurring nature, including but not limited to the repair of damage resulting
from force rnajeure, structural defects or deterioration; the replacement,
within a reasonable period, of the oftices, or any part thereof, which may
be totally or partially destroyed, and expansion or remodelling as may be
agreed upon; and
(6) the installation, maintenance, repair and replacement, if necessary, of the
necessary facilities and fixtures, including, but not limited to,
airconditioning, elevators, electricity, gas, telephone, water, sewerage or
drainage, fire prevention and postal system; the cost of providmg neces-
sary staff amenities, including a canteen, sick rooms and recreation rooms;
and the cost of fiuniture, furnishings and carpeting as agreed upon between
the System and the Government.
3. The Headquarters Seat shall be inviolable, and shall be under the control and
authority of the System. No officer or official of the Government, or other person
exercising any public authority within Barbados shall enter the Headquarten Seat to
perform any duties therein without the consent of, and under conditions approved by,
the System, nor shall the service of legal process, including the search for or seizure of
private property, take place within the Headquarters Seat without the express consent
of, and under conditions approved by, the Coordinator.
4. The System and the Government shall agree on the circumstances and manner in
which the appropriate authorities of Barbados may enter the Headquarters Seat without
the prior consent of the System in connection with fire prevention, sanitary regulations
or emergencies.
5. Except as otherwise provided in this Agreement, the courts or other appropriate
organs of the Government shall have jurisdiction, as provided in applicable laws, over
acts done and transactions taking place in the Headquarten Seat. When dealing with
cases arising out of or relating to acts done or transactions taking place in the
Headquarks Seat, the courts or other appropriate organs of the Government shall take
into account the regulations made by the System under pagraph 7.
No. 20 of 1998. The Regionul Security Systems Act, 1998. 29 ANTIGUA
AND
BARBUDA
6. The System shall have the power to make regulations, operative within the
Headquarters Seat, for the purpose of establishing therein conditions in all respects
necessary for the full and independent exercise of its functions. The Government shall
not, e x q t at the request of or with the consent of the System, enforce or apply within
the Headquarters Seat any law of Barbados providing for any matter with respect to
which the System is authorised by this section to make regulations and with respect to
which regulations so made by the System are in force. Any dispute between the System
and the Govenunent as to whether a law of Barbados provides for any matter covered
by any regulation of the System authorised by this paragraph, shall be promptly settled
by the procedure set out in pangraph 3 of Article XV. Pending such settlement, the
regulation of the System shall apply and the Government shall not apply such part of
the law of Barbados as the System claims provides for a matter covered by the regulation
of the System.
7. The System shall from time to time inform the Government, as may be appropriate
of regulations made by it in accordance with paragraph 6 above.
8. This section shall not prevent the reasonable application of fire protection or
sanitary regulations of the appropriate authorities of Barbados.
9. Subject to provisions of Article W of h s Agreement, the System shall prevent
the Headquartearten Seat from becoming a refuge for fugitives from justice, persons
subject to extradition, or persons avoiding service of legal process or a judicial
proceeding.
10. The System may expel or exclude persons from the Headquarters Seat for
violation of its regulations or for other causes.
ARTICLE 111
PUBLIC SERVICES IN THE HEADQUARTERS SEAT
1. Tht: Government shall, upon the request of the System, ensure that the System
shall be provided, on terms not less favourable than those accorded to the Government,
with necessary utilities and public services, including, but not limited to electricity,
water, sewerage, gas, post, telephone, telegraph, local transportation, drainage, collec-
tion of refuge and fire protection. In case od any intemption or threatened interruption
of any of the said services the Governrnent shall take steps to ensure that the authorities
responsible for such services consider the needs of the System of equal importance to
those of essential agencies of the Government and that the work of the System is not
prejudiced.
2. With the consent of the System, which consent shall not be unreasonably withheld,
duly authorised representatives of public utilities may inspect, repair, maintain,
reconstruct, and relocate utilities, conduits, mains and sewers within Headquarters Seat
and its facilities.
ANTIGUA 30 The ~e&nal Security Systems Act, 1998. No. 20 of 1998.
AND
BARBUDA
ARTICLE IV
COMMUNICATIONS
1. All communications to and from the System, its Council of Ministers, other
representatives of members, Coordinator, Staff Officers and staff or consultants and
experts performing missions for the System, by whatever means or in whatever form
transmitted, shall be immune from censorship and any other form of interception or
interference with their privacy.
2. The System shall have the right to use codes and to dispatch and receive
communications and without limitation by reason of this enumeration, correspon-
dence, publications, documents, still and moving pictures, films and sound recordings,
either by courier or in sealed bags which shall have immunities and privileges not less
favourable than those accorded to diplomatic couriers and bags.
3. The System shall enjoy in Barbados for its official communications treatment no
less favourable than that accorded by the Government to any other government,
including the dlplornatic mission in Barbados of any such government, in the m r of
priorities, rates and surcharges on mail, cables, telegrams, radiograms, telephotos,
telephone and other communications, and press rates for information to the press and
radio.
4. The System shall be authorised to operate at the Headquarters Seat point-to-point
telecommunication circuits with military and police forces and other bodies as may be
required. The System shall also be authorised to operate at the Headquarters Seat point-
to-point telecommunication circuits with other international organisations within or
outside Barbados.
5. The System shall also !x authorised to establish and operate at the Headquarters
Seat:
(a) its own short-wave sending and receiving radio broadcasting facilities,
including emergency link equipment, which may be used on the same
frequencies, within the tolerances prescribed for the broadcasting service
by applicable laws of Barbados for radio-telegraph, radio-telephone and
similar services; and
(b) such other radio facilities as may be specified by supplementary agree-
ment.
6. The System shall make arrangements for the operation of the services refen-ed to
in paragraphs 4 and 5 with the International Tekcommunications Union, the appropri-
ate agencies of the Government and the appropriate agencies of other affected
Governments with regard to all frequencies and similar matters.
No. 20 of 1998. T k Regional Security Systems Act, 1998. 3 1 ANTIGUA
AND
BARBUDA
7. The facilities provided for in paragraphs 4 and 5 may, to the extent necessary for
efficient operation, be established and operated outside the Headquarten Seat with the
consent of the Government. The latter shall, at the request of the System, make
arrangements on such terms and in such manner as may be agreed upon for the
acquisition or use by the System of appropriate premises for such purposes, and for their
jnclusion in the Headquarters Seat. Any facilities established by the System outside the
Headquarten Seat in pursuance of this section shall enjoy the same inviolability and
protection as those accorded to the Headquarters Scat under Article I1 of this
Agreement.
ARTICLE V
PROPERTY OF THE SYSTEM AND TAXATION
1. The property and assets of the System, wherever located and by whomsoever held,
shall be immune from search, requisition, confiscation, expropriation and any form of
interference, talung or foreclosure, whether by executive, administrative or legislative
action.
2. The archives of the System s h d be inviolable, wherever located.
3. The System, its assets, property, kcome, and its operations and transactions shall
be exempt from:
(a) all forms of taxation and any obligation for the payment, withholding or
collection of any tax or duty. Such exemption shall extend to any
specifically identifiable taxes payable by the owner or lessor of any
property rented by the System which rn made payable by the System in
the rental or lease contract between the System md the owner or lessor of
the property. The System will not claim exemption from taxes or charges
which are no more than payments for public utility services;
(b) all customs duties and other levies on any articles including motor
vehicles, spare parts, military equipment and supplies and publications,
imported or exported by the System for its official use, and any obligation
for the payment, withholding or collection of any such customs duties and
other levies. The System and the Government shall agree on the conditions
under which goods, articles, including motor vehicles, spare parts and
publicatiom i m p o d under such exemption may be sold in Barbados.
(c) all prohibitions and restrictions on imports and exports in respect of any
goods, articles, including motor vehicles, spare parts, military equipment
and supplies and publications intended for the official use of the System.
ANTIGUA 32 The Regional Security Systems Act, 1998. No. 20 of 1998.
AND
BARBUDA
4. In so far as the Government, for important administrative considerations, may be
unable to grant to the System exemption from indirect taxes which constitute part of the
cost of goods purchased by or services rendered to the System, including rentals, the
Government shall reimburse the System for such taxes by the payment, from time to
time, of lump sums to be agreed upon by the System and the Government. It is, however,
understood that the System will not claim reimbursement with respect to minor
purchases. With respect to such taxes, the System shall at all times enjoy at least the same
exemptions and facilities as are granted to the Government itself or to heads of
diplomatic missions accredited to Barbados, whichever are the more favourable.
ARTICLE VI
SOCIAL SECURITY AND PENSION FUND
1. Any Staff Pension Fund established by the System shall have legal capacity in
Barbados and shall enjoy the same exemptions, privileges and immunities as the System
itself.
2.The System shall be exempt from all compulsory contributions to, and officials
of the System shall not be required by the Government to participate in, any social
security scheme of Barbados.
3. If the System so requests, however, the Government shall make such provisions
as may be necessary to enable any official of the System who is not afforded social
security coverage by the System to participate in any social security scheme of
Barbados. The System shall, in so far as possible, arrange, under conditions to be agreed
upon, for the participation in the Barbados social security system of those locally
recruited members of the staff who do not participate in the Staff Pension Fund
established by it or to whom the System does not grant social security protection.
ARTICLE VII
ACCESS AND RESIDENCE
1. The Government shall take measures to facilitate the entq into, residence and
freedom of movement in, and deparhre from Barbados of the persons listed below,
irrespective of nationality; it shall ensure that no mpedment is placed in the way of their
transit to and from the Headquarters Seat and shall afford them any necessary protection
in transit:
(a) Members of the Council of Ministers and other representatives of Mem-
bers;
(b) The Coordinator;
No. 20 of 1998. The Regional Security Systems Act, 1998. 3 3 ANTIGUA
AND
BARBUDA
(c) Staff
(d ) Officers and staff of the System;
( e ) Consultants and experts performing missions for the System; and
Cf) other persons invited by the System to the Headquarters Seat on official
business.
2. The Government shall issue to its embassies, legations and consulates general
instructions to grant visas to the persons referred to in paragraph 1 without delay,
waiting period, or payment or any charge, and without requiring their personal
presence.
3. No laws of Barbados restricting the entry into Barbados of persons other than
citizens of Barbados or regulating the conditions of their stay shall apply to the persons
provided for in this Article except those relating to health and the security of Barbados.
4. No activity performed by any person referred to in paragraph 1 in his official
capacity with respect to the System shall constitute a reason for preventing his entry into
or his departure from, or for requiring him to leave Barbados.
5. No person referred to in paragraph 1 shall be required by the Government to leave
Barbados save in the event of an abuse of the right of residence, in which case the
following procedure shall apply:
(a) no proceeding shall be instituted to require any such person to leave
Barbados, except with the prior approval of the Minister for Foreign
Affairs of Barbados;
(b) in the case of a Member of the Council, such approval shall be given only
after consultation with the government of the member concerned,
( c ) in the case of any other person mentioned in paragraph 1 such approval
shall be given only after consultation with the Coordinator, and if
expulsion proceedings are taken against any such peson, the Coordinator
shall have the right to appear or to be represented in such proceedings on
behalf of the person against whom such proceedings are instituted; and
(d) persons who are entitled to diplomatic privileges and immunities under
Article Vm shall not be required to leave Barbados otherwise than in
accordance with the customary procedure applicable to members, having
comparable rank, of the staff of heads of diplomatic missions accredited
to Barbados.
ANTIGUA 34 The Regional Security Systems Act, 1998. No. 20 of 1998.
AND
BAREUDA
6. This Article shall not prevent the requirement of reasonable evidence to establish
that persons claiming the rights granted by this Arhcle come within the classes described
in paragraph 1, or the reasonable application of quarantine and health regulations.
7. The provisions of paragraph 1 of this Article shall be applicable irrespective of
the relations existing between the Government of Barbados and the governments of the
States and Territories of which the persons referred to in that sectionare nationals or to
which they belong.
ARTICLE VIII
PRIVILEGES AND IMMUNITIES OF MEMBERS OF THE COUNCIL AND
OTHER REPRESENTATIVES OF MEMBERS, COORDINATOR, STAFF
OFFICERS AND OTHERS
1. Members of the Council, other epresentatives of members, and the Coordinator
shall have the right in connection with their official duties with the System, to:
(a ) immunity from personal arrest or detention and from seizure of their
personal and officaial baggage;
(b ) immunity from legal process of every kind in respect of words spoken or
written and all acts done by them in their official capacity; and
( c ) in respect of other matters not covered in (a) and (b) above, such other
immunities, exemptions, privileges and facilities as are enjoyed by
members of diplomatic missions of comparable rank, subject to corre-
sponding conditions and obligaitons.
2. The Coordinator, Staff other officers and staff of the System, including
for the purposes of this Article consultants and experts performing missions for the
System, shall have the right to the following privileges and immunities:
(a) immunity from legal process of any kind in respect for words spoken or
wiritten and of acts performed by them in their offical capacity, such
immunity to continue notwithstanding that the persons concerned may
have ceased to be officers or staff members of the System;
(b ) immunity from seizure of their personal and official baggage;
( c ) immunity from inspection of official baggage, and if the person concerned
comes within the scope of paragraph 3 immunity from inspection of
personal baggage;
No. 20 of 1998. The Regional Security Systems Act, 1998. 35 ANTIGUA
AND
BARBUDA
(d) subject to the right of the Govememnt to tax its nationals and permanent
residents joining the staff of the System, exemption from taxation in
respect of the salaries, emoluments, indemnities and pensions paid to them
by the System for services past or present or in connection with their
service with the System;
( e ) subject to the right of the Government to tax its nationals and
permanent residents joining the staff of the System exemption from
any form of taxation nn income derived by them from sources outside
Barbados;
Cf) exemption with respect to themselves, members of their families, and
members of their household staff, from immigration restrictions and alien
registration;
(g) exemption from national service obligations;
(h) freedom to acquire or maintain within Barbados or elsewhere foreign
securities, foreign currency accounts, and other movable, and under the
same conditions applicable to nationals of Barbados, immovable
property; and at the termination of their System employment, the right
to take out of Barbados through authorised channels without prohibition,
or restriction, their funds in the same currency and up to the same
amounts as they had brought into Barbados;
(i) the same protection and repatriation facilities with respect to themselves,
their spouses, their dependent relatives and other members of their
households as are accorded in time of international crisis to members,
having comparable rark, of the staffs of heads of diplomatic missions
accredited to Barbados; and
( j ) the right to import for personal use, free of duty and other levies,
prohibitions and restrictions on imports:
(i) their furniture and effects, including m e automobile, in one or
more separate shipments, and thereafter to import necessary
additions to the same;
(ii) one automobile every three years; and
ANTIGUA 36 The Regional Security Systems Act, 1998. No. 20 of 1998.
AND
BARBUDA
(iii) seasonable quantities of foodstuffs and other articles for personal
use or consumption and not for gift or sale; the System may
establish a commissary for the sale of such articles to its officials
and members of delegations. A supplemental agreement shall be
concluded between the System and the Government to regulate
the exercise of these rights.
3. In addition to the privileges and immunities specified in paragraph 2
(a ) the Coordinator shall be accorded the privileges and immunities,
exemptions and facilities accorded to Ambassadors who are heads of
missions, including immunity from personal arrest or detention;
(b) a senior officer of the System when acting on behalf of the Coordinator during
his absence from duty, shall be accorded the same privileges and immunities,
exemptions and facilities as are accorded to the Coordinator; and
(c) Staff and such additional categories of officials as may be
designated, in agreement with the Governments by the Coordinator on
the ground of the responsibilities of their positions in the System. shall
be accerded the same privileges and immunities, exemptions and
facilities as the Government accords to members. having comparable
rank. of the staffs of heads of diplomatic missions accredited to
Barbados.
4. The System shall trom time to time communicate to the Government the names
of officers and staff to whom the provisions of this Article apply.
5. All persons entitled to the privileges and immunities specified in this Agreement
shall be provided by the Government with a special identity card which shall serve
to identify the holder in relation to the authorities of Barbados and to certify that the
holder is entitled to the privileges and immunities specified in this Agreement.
ARTICLE IX
WAIVER OF IMMUNITIES AND PREVENTION OF ABUSE
1. The privileges, immunities, exemptions and facilities accorded in this Agreement
are granted in the interest of the System and not for the personal benefit of the
individuals themselves. The System may waive the immunity accorded to any person
No. 20 of 1998. The Regional Security Systems Act, 1998. 37 ANTIGUA
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BARBUDA
if; in its opinion, such immunity would impede the course of justice and the waiver
would not prejudice the purposes for which the immunities are accorded.
2. The System shall take every measure to ensure that the privileges, immunities,
exemptions and facilities conferred by this Agreement are not abused and for this
purpose shall establish such rules and regulations as it may deem necessary and
expedient. There shall be consultation between the Government and the System
should the Government consider that an abuse has occurred.
ARTICLE X
SETTLEMENT OF DISPUTES
1. The System shall make provision for appropriate methods of settlement of:
(a) disputes arising out of contracts and disputes of a private law character
to which the System is a party; and
(b) disputes involving an official to the System, who, by reason of his
official position, is entitled to immunity, if such immunity has not been
waived.
2. Any dispute between the Government and the System concerning the
interpretation or application of this Agreement or any supplementary agreements,
or any question affecting the Headquarters Seat or the relationship between the
Government and the System, which is not settled by negotiation or other agreed
mode of settlement, shall be referred for final decision to a tribunal of three
arbitrators: one to be appointed by the Government, one to be appointed by the
System, and the third, who shall be chairman of the tribunal, to be chosen by the first
two arbitrators. Should the first two arbitrators fail to agree upon the third, the
Government and the System shall request the Coordinator of the International Court
of Justice to choose the third arbitrator. A majority vote of arbitrators shall be
sufficient to reach a decision which shall be final and binding. The third arbitrator
shall be empowered to settle all questions of procedure in any case where there is
disagreement with respect thereto.
3. The said tribunal shall adopt and observe the "Rules of Arbitration and
Conciliation of the Permanent Court of Arbitration in the Settlement of Disputes".
ANTIGUA 38 The Regional Security Systems Act, 1998. No. 20 of 1998.
AND
BARBUDA
ARTICLE XI
FINAL PROVISIONS
1. The System and all persons enjoying the immunities. privileges, exemptions
and facilities under this Agreement shall co-operate at all times with the appropriate
authorities of Barbados to facilitate the proper administration of justice and secure
the observance of the laws of Barbados.
2. This Agreement shall be construed in the light of its primary purpose of
enabling the System at its headquarters in Barbados fully and efficiently to discharge
its responsibilities and fulfill its purposes.
3. Wherever this Agreement imposes obligations which can be carried out only
by authorities of Barbados other than the Government, the Government shall ensure
the fulfillment of such obligations by the appropriate authorities of Barbado:.
4. None of the provisions of this Agreement shall derogate in any way from the
rights, privileges and immunities provided for or specified in the Agreement
establishing the Regional Security System.
5. This Agreement shall be registered with the Secretary-General of the Caribbean
Community.
6. This Agreement may be revised at the request of either Party. In this event the
two Parties shall consult with each other concerning the revisions to be made in its
provisions.
7. The Govenunent and the System may enter into such supplementary agreements
as may be necessary or appropriate to the implementation of this Agreement.
8. Nothing in this Agreement shall be construed to preclude the adoption of
appropriate measures for the security of the State as may be determined by the
Government in consultation with the System.
9. This Agreement shall cease to be in force:
(a) by mutual consent of the System and the Government; or
No. 20 of 1998. The Regional Security Systems Act, 1998. 39 ANTIGUA
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(6) if the permanent headquarters of the System is removed from Barbados,
except for such provisions as may be applicable in connection with the
orderly termination of the operations of the System at its permanent
headquarters in Barbados and tht: disposal of its property therein.
10. This Agreement shall come into force upon signature.
IN WITNESS WHEREOF the respective representatives of the Parties, duly
authorised thereto, have signed this Agreement
DONE at Bridgetown, Barbados this day of , 1997 in two
copies in the English Language.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF THE
BARBADOS REGIONAL SECURITY SYSTEM
Passed the House of Representatives Passed the Senate this 10th day of
this 24th day of November, 1998. December, 1998.
Bridget Harris,
Speaker.
Millicent Percival,
President.
Sylvia Walker, Sylvia Walker,
Clerk to the House of Representatives. Clerk to the Senate.
Printed at the Government Printing Office, Antigua and Barbuda,
by Rupert Charity, Government Printer
-By Authority, 1999.
800-2.99 [ Price $14.85 ]
