Diplomatic Privileges (World Health Organisation) Order (Gibraltar)

Diplomatic Privileges (World Health Organisation) Order

Published: 1950-03-24

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Diplomatic Privileges (International Organisations) DIPLOMATIC PRIVILEGES (WORLD HEALTH
ORGANISATION) ORDER
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Subsidiary 1950.03.23-6
1948-28
Orders made under s.2.

DIPLOMATIC PRIVILEGES (WORLD HEALTH ORGANISATION) ORDER
(1950.03.23-6)
24.3.1950
Amending enactments
Relevant current provisions
Commencement date
Act. 2007-17 Para. 6 14.6.2007

Diplomatic Privileges (International Organisations) DIPLOMATIC PRIVILEGES (WORLD HEALTH
ORGANISATION) ORDER
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Subsidiary 1950.03.23-6
1948-28
Diplomatic Privileges (International Organisations) DIPLOMATIC PRIVILEGES (WORLD HEALTH
ORGANISATION) ORDER
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Subsidiary 1950.03.23-6
1948-28
1. This Order may be cited as the Diplomatic Privileges (World Health Organisation) Order.

A. The Organisation.
2. The World Health Organisation is an organisation of which Her Majesty’s Government in the United Kingdom and the Governments of foreign sovereign Powers are members.
3. The World Health Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.
4. The World Health Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign Power accredited to Her Majesty.
5. The World Health Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign Power.
6. The World Health Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Gibraltar or for exportation, or on the importation of any publication of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Minister responsible for finance may prescribe for the protection of the revenue.
7. The World Health Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Organisation for its official use and in the case of any publications of the Organisation directly imported or exported by it.
8. The World Health Organisation shall have 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 Gibraltar, of any reduced rates applicable for the corresponding service in the case of press telegrams.

B. Representatives of Members and of the Executive Board of the World Health Organisation.

Diplomatic Privileges (International Organisations) DIPLOMATIC PRIVILEGES (WORLD HEALTH
ORGANISATION) ORDER
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Subsidiary 1950.03.23-6
1948-28
9. (1) Except in so far as in any particular case any privilege or immunity is waived, in the case of representatives of member Governments, by the member Governments whom they represent and in the case of persons designated to serve on the Executive Board of the World Health Organisation and their alternates and advisers, by the Executive Board, representatives of member Governments and persons designated to serve on the Executive Board of the Organisation and their alternates and advisers shall enjoy–
(a) while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents;
(b) immunity from legal process of every kind in respect of words
spoken or written and all acts done by them in their capacity as representatives;
(c) while exercising their functions and during their journey to and
from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, save that the relief allowed shall not include relief from import duties except in respect of goods imported as part of their personal baggage. They shall not where the incidence of any form of taxation depends upon residence, be deemed to be resident in Gibraltar during any period when they are present in Gibraltar whilst exercising their functions or during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to British subjects whose usual place of abode is in Gibraltar.
(2) For the purposes of the application of this Order, the expression “representatives of member governments” shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

C. High Officials .
10. Except in so far as in any particular case any privilege or immunity is waived by the World Health Organisation, officers of the Organisation holding the offices of Director-General or Deputy Director-General shall be accorded in respect of themselves, their spouses and children under the age of twenty-one, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, his spouse and children.

Diplomatic Privileges (International Organisations) DIPLOMATIC PRIVILEGES (WORLD HEALTH
ORGANISATION) ORDER
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Subsidiary 1950.03.23-6
1948-28
D. Persons serving on Committees of or Employed on Missions on behalf of the Organisation.
11. Except in so far as in any particular case any privilege or immunity is waived by theWorld Health Organisation, persons (other than officials of the Organisation) serving on Committees of, or employed on missions on behalf of the Organisation shall enjoy–
(a) while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Organisation;
(b) immunity from legal process of every kind in respect of words
spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the person concerned is no longer employed on missions on behalf of the Organisation.
E. Other Officials of the Organisation.
12. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, all officials of the World Health Organisation, other than those referred to in paragraph 10, shall enjoy immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties.

F. General.
13. The names of the persons to whom the provisions of paragraphs 9, 10, 11 and 12 apply shall be set forth in a list compiled and published from time to time by the Governor under section 2(3) of the Act, and such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office or employment in question, and the date when he ceased to hold that office or employment.