Chapter 003:10 - Protocol on the Privileges and Immunities of the Caribbean Court of Justice and Legal Services Commission

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/432-chapter-310-protocol-on-the-privileges-and-immunities-of-the-caribbean-court-of-justice-and-legal-services-commission/file

L.R.O. 1/2012
LAWS OF GUYANA
PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF
THE CARIBBEAN COURT OF JUSTICE AND THE
REGIONAL JUDICIAL AND LEGAL SERVICES
COMMISSION ACT
CHAPTER 3:10
Act
18 of 2004
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 22 ... 1/2012
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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CHAPTER 3:10
PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE
CARIBBEAN COURT OF JUSTICE AND THE REGIONAL JUDICIAL
AND LEGAL SERVICES COMMISSION ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Protocol given the force of law.
4. Certificate of Minister conclusive as to contents.
5. Amendment of Protocol.
6. Regulations.
SCHEDULE – Protocol on the Privileges and Immunities of the
Caribbean Court of Justice and the Regional Judicial and Legal
Services Commission.
__________________________
18 of 2004 AN ACT to enable the implementation by Guyana the
Protocol on the Privileges and Immunities of the
Caribbean Court of Justice and the Regional Judicial
and Legal Services Commission and for related matters.
[1ST APRIL, 2005]

Short title.
Interpretation.
1. This Act may be cited as the Protocol on the
Privileges and Immunities of the Caribbean Court of Justice
and the Regional Judicial and Legal Services Commission Act.
2. (1) In this Act –
“Agreement” means the Agreement establishing the
Caribbean Court of Justice, signed at Bridgetown,
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Schedule

Protocol given
the force of law.
Certificate of
Minister
conclusive as
to contents.
Schedule

Amendment of
the Protocol.

Schedule
Barbados, on the 14th day of February, 2002;
“Commission” means the Regional Judicial and Legal
Services Commission established by Article V of the
Agreement;
“Court” means the Caribbean Court of Justice established by
the Agreement;
“Protocol” means the Protocol on the Privileges and
Immunities of the Caribbean Court of Justice and the
Regional Judicial and Legal Services Commission, signed
at Montego Bay, Jamaica on 4th July, 2003, the text of
which is set out in the Schedule.
3. The Protocol shall have the force of law in
Guyana.
4. If in any proceedings a question arises as to the
entitlement of the Commission or the Court to any
immunities or privileges under the Protocol, a certificate
issued by or under the authority of the Minister to the effect
that the Commission or the Court is or is not entitled shall be
conclusive evidence of the fact.
5. (1) Where Guyana becomes a party to any
agreement to amend the Protocol the Minister may, by order,
amend the Schedule by including therein the amendment.
(2) An order made under subsection (I) may
contain such consequential, supplemental or ancillary
provisions (including provisions amending this Act) as
appear to the Minister to be necessary or expedient for the
purpose of giving due effect to the amendment of the Protocol
as mentioned aforesaid.
(3) Where the Protocol in the Schedule is amen-
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Regulations.

s. 2

ded pursuant to this section any reference in this Act or any
other instrument to the Protocol shall, unless the context
otherwise requires, be construed as a reference to the Protocol
as so amended.
(4) Every order made under this section shall be
subject to negative resolution of the National Assembly.
6. The Minister may make regulations which he
considers necessary for giving effect to the provisions of this
Act.
__________
SCHEDULE
PROTOCOL ON THE STATUS, PRIVILEGES AND
IMMUNITIES OF THE CARIBBEAN COURT OF JUSTICE,
AND THE REGIONAL JUDICIAL AND LEGAL SERVICES
COMMISSION
PREAMBLE
The Contracting Parties
Noting that the Agreement Establishing the Caribbean Court
of Justice entered into force on 23 July 2002;
Recognising that paragraph 2 of Article VII of the Agreement
Establishing the Caribbean Court of Justice (hereinafter
referred to as “the Agreement”) provides that the privileges
and immunities to be accorded the Regional Judicial and
Legal Services Commission shall be laid down in a Protocol to
the Agreement;
Conscious that Article XXX of the Agreement also provides
that the privileges and immunities to be recognised and
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granted by the Contracting Parties thereto to the judges and
officers of the Court necessary to protect their independence
and impartiality, shall be laid down in a Protocol ot the
Agreement; and
Desirous of establishing conditions to safeguard the
independence and integrity of the judges and officers of the
Caribbean Court of Justice (hereinafter referred to as “the
Court”) and the Members of the Regional Judicial and Legal
Services Commission.
Have agreed as follows:
ARTICLE I
USE OF TERMS
In this Protocol, unless the context otherwise requires:
"archives of the Court or Commission" includes the records,
correspondence, documents, manuscripts, photographs,
slides, films, sound recordings and electronic storage
devices belonging to or held by the Court or the
Commission;
"Commission" means the Regional Judicial and Legal Services
Commission established by Article V of the Agreement;
“Competent Authorities” means national, regional or local
authorities of the Contracting Parties as may be
appropriate in the context and in the laws of the
Contracting Parties;
"Conference" means the Conference of Heads of Government
of the Member States of the Caribbean Community;
“Contracting Party” means a state in relation to which this
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Protocol is in force;
"Counsel" means a person qualified to conduct proceedings
before the Court on behalf of another;
"the Court" means the Caribbean Court of Justice established
by Article III of the Agreement;
“the Government” means the Government of a Contracting
Party to this Protocol;
“officers of the Court” means the Registrar of the Court and
the Deputy Registrar;
“property” means all forms of property including funds and
assets belonging to or held or administered by the Court
or Commission and all income accruing to the Court or
the Commission;
“Registrar” means the Registrar of the Court;
“Secretary-General” means the Secretary-General of the
Caribbean Community.
ARTICLE II
PROPERTY FUNDS AND ASSETS OF THE
COURT AND THE COMMISSION
1. The Court, the Commission, their property and
assets, wherever located and by whomsoever held, shall enjoy
immunity from every form of legal process except in so far as
in any particular case such immunity has been expressly
waived in accordance with Article X. No waiver of immunity
shall extend to any measure of execution.
2. The property of the Court and the Commission,
wherever located and by whomsoever held, shall be immune
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from search, requisition, confiscation, expropriation and any
other form of interference whether by executive,
administrative or judicial action.
ARTICLE III
PREMISES OF THE COURT AND THE COMMISSION
1. The premises occupied by the Court or the
Commission shall be inviolable.
2. The President may make regulations relating to
the premises mentioned in paragraph 1 of this Article for the
purpose of establishing therein conditions necessary for the
full execution of the functions of the Court or the Commission
as the case may be.
3. Officials of the Government shall not enter the
premises referred to in this Article to perform any official
duties therein except with the consent of and under
conditions agreed by the President. However, in case of fire
or other emergency requiring prompt protective action or in
the event that officials of the Government have reasonable
cause to believe that such an emergency has occurred, the
consent of the President to entry on the premises by the
officials of the Government shall be presumed if the President
cannot be reached in time.
ARTICLE IV
ARCHIVES OF THE COURT AND COMMISSION
The archives of the Court and the Commission, and
in general all documents belonging to or held by the Court or
the Commission, shall be inviolable wherever located.

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ARTICLE V
EXEMPTION FROM FOREIGN EXCHANGE
CONTROLS
1. Without being restricted by financial controls,
regulations or moratoria of any kind, the Court and the
Commission shall be entitled for their official use only:
(a) to purchase from authorised dealers,
hold and make use of negotiable
currencies, operate foreign currency
and external accounts and purchase
through authorised dealers, hold and
make use of funds and securities;
(b) to freely transfer their funds,
securities and foreign currencies to or
from the territory of any Contracting
Party and to convert any currency
held by them into any other currency.
2. The Court and the Commission, in exercising their
rights under paragraph 1 of this Article, shall pay due regard
to any representations made by the Government and shall
give effect to such representations so far as this is possible
without detriment to the interests of the Court or the
Commission.
ARTICLE VI
EXEMPTION FROM TAXES, CUSTOMS DUTIES AND
IMPORT OR EXPORT DUTIES
1. The Court and the Commission shall be exempt
from:
(a) any form of direct or indirect taxation,
but the Court and Commission shall
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not claim exemption from taxes
which are, in fact, no more than
charges for public utility services;
(b) customs duties and from prohibitions
and restrictions on imports in respect
of articles imported or exported by
the Court or the Commission for their
official use, subject to the condition
that articles imported under such
exemption shall not be sold within
the territory of the Contracting Party
except under conditions agreed to
with the Government;
(c) customs duties and other levies and
prohibitions and restrictions in
respect of the import, sale and export
of their publications.
2. For the purpose of this Article, “indirect taxation”
means airport departure or travel tax, travel ticket tax, hotel
and restaurant tax, customs and excise duties, consumption
tax, stamp duties, withholding tax on interest, value added
tax, finance charges and imposts with equivalent effect.
ARTICLE VII
FACILITIES IN RESPECT OF COMMUNICATIONS
1. The Court and the Commission shall, in relation to
their official communications, enjoy in the territory of the
Contracting Party treatment no less favourable than that
accorded by the Government to any international
organisation.
2. The Court and the Commission shall be immune
from censorship of their official correspondence and official
communications.
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3. The Court and Commission shall have the right to
use codes and to despatch and receive correspondence
whether by courier or in sealed bags, which shall have the
same immunities and privileges as diplomatic couriers and
bags.
4. Nothing in this Article shall be construed so as to
preclude the adoption of appropriate security measures in the
interest of the Government concerned.
ARTICLE VIII
JUDGES AND OFFICERS OF THE COURT AND
MEMBERS
OF THE COMMISSION
1. Judges and officers of the Court and members of
the Commission engaged in the business of the Court or
Commission, as the case may be, in the territory of a
Contracting Party, shall enjoy:
(a) immunity from legal process in
respect of words spoken or written
and all acts done by them in their
official capacity; such immunity shall
continue notwithstanding that the
persons concerned have ceased to
exercise their functions with the
Court or Commission;
(b) immunity from personal arrest or
detention in relation to acts
performed by them in their official
capacity;
(c) inviolability of all papers, documents
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and materials related to the work of
the Court or Commission as the case
may be;
(d) exemption from immigration
restrictions, alien registration
requirements and national service
obligations;
(e) the same protection and repatriation
facilities in times of international
crisis as are accorded representatives
of foreign governments on temporary
official missions;
(f) the right, for the purpose of all
communications with the Court or
Commission as the case may be, to
use codes and to despatch or receive
papers, correspondence or other
official material by courier or in
sealed bags;
(g) the same privileges and facilities in
respect of currency and exchange
restrictions as are accorded to
representatives of foreign
governments on temporary official
missions;
(h) immunity from inspection and
seizure of personal and official
baggage except in cases where the
person is caught in flagrante delicto. In
such cases, the competent authorities
shall immediately inform the
Registrar or other appropriate official
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of the Court. Inspection of personal
baggage shall be conducted in the
presence of the person concerned or
his authorised representative, and in
the case of official baggage, in the
presence of a duly authorised
representative of the Registrar;
(i) exemption from any form of direct
taxation on salaries, remuneration
and allowances paid by the Court or
the Commission and from customs
duties on imports in respect of articles
imported for personal use, subject to
the condition that articles imported
under such exemption shall not be
sold within the territory of the
Contracting Party except under
conditions determined by the
Government.
ARTICLE IX
COUNSEL APPEARING IN PROCEEDINGS
BEFORE THE COURT
1. Counsel appearing in proceedings before the Court
while present in the territory of a Contracting Party shall, in
the performance of their functions connected with such
proceedings, enjoy:
(a) inviolability of all papers, documents
and materials relating to the
proceedings before the Court;
(b) immunity from personal arrest or
detention and legal process in
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relation to words spoken or written or
acts performed by them in relation to
proceedings before the Court;
(c) exemption from immigration
restrictions, alien registration
requirements and national service
obligations;
(d) the same privileges and facilities in
respect of currency and exchange
restrictions in relation to proceedings
before the Court as are accorded to
representatives of government on
temporary official missions.
2. The immunity mentioned in paragraph 1 (a) and (b)
shall continue although the person entitled is no longer
conducting proceedings before the Court.
3. The privileges, immunities and facilities mentioned
in this Article are only intended to assist Counsel in the
efficient representation of clients in proceedings before the
Court and shall not be employed to circumvent applicable
laws and regulations of the Government.
ARTICLE X
CO-OPERATION WITH COMPETENT AUTHORITIES
1. Privileges and immunities are recognised and
granted by this Protocol in the interest of the Court and the
Commission and not for the personal benefit of persons
entitled thereto. The Conference in the case of the President
and the President in the case of other persons entitled thereto,
shall have the right to waive such privileges and immunities
whenever in their opinion the enjoyment of the privileges
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and immunities would impede the course of justice and
could be waived without prejudice to the interests of the
Court or the Commission.
2. The President and the Registrar, as the case may be,
shall co-operate at all times with the competent authorities to
facilitate the proper administration of justice, secure the
observance of the laws and regulations of the Government
and to avoid the occurrence of any abuse in connection with
the privileges, immunities and facilities mentioned in this
Protocol.
3. Without prejudice to the privileges and immunities
accorded by this Protocol, it is the duty of all persons
enjoying such privileges and immunities to respect the laws
and regulations of the Government and not to interfere in the
internal affairs of the Contracting Party.
4. If the Government considers that an abuse has
occurred in the enjoyment of any privilege or immunity
conferred by this Protocol, the Registrar shall, at the request
of the Government, consult with the competent authorities to
determine whether such an abuse has occurred. If such
consultations fail to achieve results satisfactory to the
Registrar and the Government, the issue shall be settled in
accordance with the procedure laid down in Article XIII.
ARTICLE XI
FACILITATION OF TRAVEL
Subject to the laws or regulations restricting entry or
movement for reasons of national security, the Contracting
Party shall extend all facilities for the uninterrupted passage
within its territory as well as for the entry and departure
therefrom of the categories of persons mentioned below:

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(a) judges of the Court and members of
their families forming part of their
households;
(b) officers of the Court and members of
their families forming part of their
households;
(c) members of the Commission;
(d) counsel and their clients appearing in
proceedings before the Court;
(e) persons appearing in proceedings
before the Court;
(f) persons other than officers of the
Court performing missions for the
Court and members of their families
forming part of their households; and
(g) other persons invited to the Seat of
the Court or the offices of the
Commission on official business.
2. The Registrar shall communicate to the
Government the names of the persons mentioned in
paragraph 1 of this Article.
3. This Article shall not be applicable in case of a
general interruption of transportation and shall not impede
the effective application of laws in force nor waive the
reasonable application of quarantine and health regulations.
4. Visas required by persons referred to in paragraph
1 of this Article shall be granted by the Government
expeditiously and free of charge.

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ARTICLE XII
SETTLEMENT OF DISPUTES
1. The President shall make appropriate provisions
for the settlement of:
(a) disputes arising out of contracts and
other disputes of a private law
character to which the Court or
Commission is a party;
(b) disputes involving any judge or
officer of the Court or Counsel
conducting proceedings before the
Court enjoying immunity if such
immunity has not been waived by the
persons empowered in that behalf.
2. Any difference between the Government and the
Court or the Commission arising out of the interpretation or
application of this Protocol and which is not settled by
negotiation or other agreed mode of settlement, shall be
referred for final decision to a Tribunal of three arbitrators at
the instance of any Contracting Party to this Protocol: one to
be appointed by the Government, one to be appointed by the
Registrar, and the third, who shall be the chairman of the
Tribunal, to be chosen by the first two arbitrators.
3. If any of the parties fails to appoint an arbitrator
within six weeks of the decision to resort to arbitration, an
arbitrator or arbitrators, as the case may be, shall be
appointed for such purposes by the Secretary-General.
4. If the first two arbitrators within three weeks of
their appointment fail to agree upon the third arbitrator, the
Government or the Registrar shall request the Secretary-
General to appoint the third arbitrator.
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5. A majority vote of the arbitrators shall be sufficient
to reach a decision which shall be final and binding.
6. The Chairman shall be empowered to settle all
questions of procedure in any case where there is
disagreement between the other arbitrators in respect thereto.
ARTICLE XIII
SIGNATURE
This Protocol shall be open for signature by the
Contracting Parties to the Agreement.
ARTICLE XIV
ENTRY INTO FORCE
This Protocol shall enter into force immediately
upon signature by at least three Contracting Parties to the
Agreement.
ARTICLE XV
ACCESSION
1. Any Contracting Party to the Agreement may
accede to this Protocol.
2. Instruments of accession shall be deposited with
the Secretary-General who shall transmit certified copies to
the Government.
ARTICLE XVI
AMENDMENTS

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1. Consultations in respect of any amendment to this
Protocol may be initiated either by the Government or the
Registrar.
2. Amendments shall enter into force upon their
acceptance by all of the Contracting Parties.
ARTICLE XVII
DEPOSITARY
This Protocol and any amendment thereto shall be
deposited with the Secretary-General who shall transmit
certified copies thereof to the Contracting Parties.
ARTICLE XVIII
IMPLEMENTATION
Each Contracting Party shall promptly inform the
Conference of the action which it has taken to make effective
the provisions of this Protocol in its territory.
ARTICLE XIX
WITHDRAWAL
1. A Contracting Party which withdraws from the
Agreement may also withdraw from this Protocol by giving
notice in writing to the Depositary who shall promptly notify
the other Contracting Parties accordingly.
2. Withdrawal shall take effect five years after the
date on which the notice was received by the Depositary,
unless the Contracting Party before the withdrawal
becomes effective notifies the Depositary in writing of the
Cancellation of its notice of withdrawal.

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3. A Contracting Party withdrawing from this
Protocol shall honour all obligations assumed by it before the
effective date of its withdrawal.
IN WITNESS WHEREOF the undermentioned
representatives duly authorised in that behalf have executed
this Protocol for their respective Governments.
Done at on the day of 2003
Signed by
For the Government of Antigua and Barbuda on the
day of 2003 at
Signed by
For the Government of Barbados on the day of
2003 at
Signed by
For the Government of Belize on the day of
2003 at
Signed by
For the Government of the Commonwealth of Dominica on
the day of 2003 at
Signed by
For the Government of Grenada on the day of
2003 at

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Signed by
For the Government of the Co-operative Republic of Guyana
on the
day of 2003 at
Signed by
For the Government of Jamaica on the day of
2003 at
Signed by
For the Government of Montserrat on the day of
2003
at
Signed by
For the Government of St. Kitts and Nevis on the day
of
2003 at
Signed by
For the Government of Saint Lucia on the day of
2003 at
Signed by
For the Government of St. Vincent and the Grenadines on the
day of
2003 at
Signed by
For the Government of The Republic of Suriname on the
day of
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2003 at
Signed by
For the Government of The Republic of Trinidad and Tobago
on the
day of 2003 at
_____________________
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