Chapter 18:01 - Privileges and Immunities (Diplomatic, Consular and International Organisations)

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L.R.O. 1/2012
LAWS OF GUYANA
PRIVILEGES AND IMMUNITIES (DIPLOMATIC, CONSULAR
AND INTERNATIONAL ORGANISATIONS) ACT
CHAPTER 18:01
Act
26 of 1970
Amended by
39 of 1974 6 of 1997





1 – 88 ... 1/2012
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Note
on
Subsidiary Legislation
Page

(O. 23/1972)
Privileges and Immunities (International Court of Justice) Order 82
(O. 55/1972)
Privileges and Immunities (Commonwealth Secretariat) Order 84
(O. 52/1976)
Privileges and Immunities (Caribbean Community and Caribbean
Common Market) Order 87
(O. 59/1982)
Privileges and Immunities (Diplomatic, Consular, and International
Organisations) Notice 88
(Gaz. Nt. 5/8/1972)
Privileges and Immunities (People’s Republic of China) Order 81
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CHAPTER 18:01
PRIVILEGES AND IMMUNITIES (DIPLOMATIC, CONSULAR AND
INTERNATIONAL ORGANISATIONS) ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
PART II
DIPLOMATIC PRIVILEGES AND IMMUNITIES
3. Application of the Vienna Convention on Diplomatic Relations.
4. Restriction, variation and revocation of privileges and immunities.
5. Agreements providing for additional or reduced privileges and
immunities.
PART III
CONSULAR PRIVILEGES AND IMMUNITIES
6. Application of the Vienna Convention on Consular Relations.
7. Application of sections 4 and 5.
8. Right of diplomatic agents and consular officers to administer oaths and
do notarial acts in certain cases.
9. Commonwealth and Irish consular officers.
PART IV
PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS, AND
OF JUDGES OF, AND SUITORS TO, THE INTERNATIONAL COURT
OF JUSTICE
10. Application of the General Convention.
11. Immunities and privileges of judges of, and suitors to, the
International Court of Justice.
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SECTION
PART V
PRIVILEGES A N D IMMUNITIES OF THE SPECIALISED AGENCIES
12. Application of the Convention on the Privileges and Immunities
of the Specialised Agencies.
PART VI
PRIVILEGES A N D IMMUNITIES OF SPECIFIED ORGANISATIONS
AND OF REPRESENTATIVES ATTENDING INTERNATIONAL
CONFERENCES
13. Privileges and immunities of specified international organisations.
14. Immunities and privileges of representatives attending international
conferences.
PART VII
GENERAL
15. Orders subject to negative resolution.
16. Certificate of Minister to be conclusive evidence.
17. Use of the flag or official seal or emblem of the United Nations or of
the Specialised Agencies prohibited.
18. Regulations.
FIRST SCHEDULE—Articles of the Vienna Convention on Diplomatic
Relations having the force of law in Guyana.
SECOND SCHEDULE—Articles of the Vienna Convention on Consular
Relations having the force of law in Guyana.
THIRD SCHEDULE—Articles of the Convention on the privileges and
immunities of the United Nations having the force of law in Guyana.
FOURTH SCHEDULE—Articles of the Convention on the privileges
and immunities of the specialised agencies having the force of law in
Guyana.
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FIFTH SCHEDULE—Privileges and immunities of the Organisation
__________________________

26 of 1970
CHAPTER 18:01
PRIVILEGES AND IMMUNITIES (DIPLOMATIC,
CONSULAR AND
INTERNATIONAL ORGANISATIONS) ACT
An Act to confer certain privileges and immunities on
members of the Diplomatic Services, the Consular
Services and on the United Nations and the Specialised
Agencies by giving the force of law in Guyana to
certain articles of the Vienna Convention on
Diplomatic Relations, the Vienna Convention on
Consular Relations, the Convention on the Privileges
and Immunities of the United Nations and the
Convention on the Privileges and Immunities of the
Specialised Agencies and for other purposes.
[28TH NOVEMBER, 1970]

Short title.

Interpretation.
PART I
PRELIMINARY
1. This Act may be cited as the Privileges and
Immunities (Diplomatic, Consular and International
Organisations) Act.
2. In this Act—
“the Convention on the Privileges and Immunities of the
Specialised Agencies” means the Convention on the
Privileges and Immunities of the Specialised Agencies
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Application of
the
Vienna
Convention on
Diplomatic
Relations.
First Schedule.
approved by the General Assembly of the United Nations
on the 21st November, 1947;
“the General Convention” means the Convention on the
Privileges and Immunities of the United Nations adopted
by the General Assembly of the United Nations on the
13th February, 1946;
“the Vienna Convention on Consular Relations” means the
Vienna Convention on Consular Relations signed at
Vienna on the 24th April, 1963;
“the Vienna Convention on Diplomatic Relations” means the
Vienna Convention on Diplomatic Relations signed at
Vienna on the 18th April, 1961.
PART II
DIPLOMATIC PRIVILEGES AND IMMUNITIES
3. (1) Subject to section 4, the Articles set out in the
First Schedule (being Articles of the Vienna Convention on
Diplomatic Relations) shall have the force of law in Guyana
and shall for that purpose be construed in accordance with
the following provisions of this section.
(2) In the Articles referred to in subsection (1)—
“agents of the receiving State” shall be construed as including
any police constable and any person exercising a power
of entry to any premises under any law in force in
Guyana;
“member of the family” shall be construed as meaning in
relation to any person, the spouse or any dependent
relative of that person;
“Ministry of Foreign Affairs or such other Ministry as may be
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Restriction
variation
and revocation
of
privileges and
agreed” shall be construed as meaning the Ministry of
Foreign Affairs of the Government of Guyana;
“mission” shall be construed as meaning any Embassy or
High Commission;
“national of the receiving State” shall be construed as
meaning any citizen of Guyana.
(3) For the purposes of Article 32 a waiver by the
head of the mission of any State or any person performing his
functions shall be deemed to be a waiver by that State.
(4) The exemption granted by Article 33 with
respect to any services shall be deemed to except those
services from any class of employment that is insurable
employment, or in respect of which contributions are
required to be paid, under the National Insurance and Social
Security Act.
(5) Articles 35, 36 and 40 shall be construed as
granting any privilege or immunity which they require to be
granted.
(6) The references in Articles 37 and 38 to the
extent to which any privileges and immunities are admitted
by the receiving State and to additional privileges and
immunities that may be granted by the receiving State shall
be construed as referring respectively to the extent to
which any privileges and immunities that the Minister may
specify by order and to any additional privileges and
immunities that may be so specified.
4. (1) If it appears to the Minister that the privileges
and immunities accorded to a mission of Guyana in the
territory of any State or to the persons connected with that
mission are less than those conferred by this Act on the
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immunities.
Agreements
providing
for additional
or
reduced
privileges and
immunities.
mission of that State or on persons connected with that
mission, the Minister may, by order, withdraw such of the
privileges and immunities so conferred from the mission of
that State or from the persons connected with it as appears to
the Minister to be proper.
(2) When any privileges and immunities are
withdrawn from a State by the Minister under subsection (l),
the Minister may reinstate the privileges to that State at any
time if it appears to him to be proper to do so.
(3) An order made under subsection (1) shall be
disregarded for the purposes of paragraph (a) of the
proviso to article 23 of the Constitution of Guyana
5. (1) The Minister may, by order, confer immunities or
privileges other than those conferred by or under the
provisions of this Part in respect of any Sovereign Power or
any class of persons employed by such Power if in the
opinion of the Minister such immunities or privileges are
necessary to accord with corresponding immunities and
privileges granted by such Power in respect of Guyana.
(2) Where any agreement between Guyana and
any other State provides for according to a Sovereign Power
or any class of persons employed by such Power some but not
all of the privileges and immunities accorded to them by or
under the provision of this Part the Minister may, by order,
provide for excluding with respect to such Power and any
class of persons employed by such Power, any of those
privileges and immunities that are not provided by the
agreement.

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Application of
the Vienna
Convention on
Consular
Relations.
Second
Schedule.
PART III
CONSULAR PRIVILEGES AND IMMUNITIES
6. (1) Subject to section 7, the provisions set out in the
Second Schedule (being Articles or parts of Articles of the
Vienna Convention on Consular Relations) shall have the
force of law in Guyana and shall for that purpose be
construed in accordance with subsections (2) to (10).
(2) In the provisions mentioned in subsection (1)—
“authorities of the receiving State” shall be construed as
including any police constable and any person exercising
a power of entry to any premises under any law;
“grave crime” shall be construed as meaning any offence
punishable (on a first conviction) with imprisonment for
a term that may extend to five years or with a more
severe sentence;
“member of the family” shall be construed as meaning in
relation to any person, the spouse or any dependent
relative of that person;
“Ministry of Foreign Affairs” shall be construed as meaning
the Ministry of Foreign Affairs of the Government of
Guyana;
“mission” shall be construed as meaning any Embassy or
High Commission;
“national of the receiving State” shall be construed as
meaning any citizen of Guyana.
(3) The reference in article 17 (2) to any privileges
and immunities accorded by customary international law or
by international agreements shall be construed as a
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reference to any privileges and immunities conferred under
Parts IV, V and VI.
(4) The references in Article 44 to matters
connected with the exercise of the functions of members of a
consular post shall be construed as references to matters
connected with the exercise of consular functions by consular
officers or consular employees.
(5) For the purposes of Article 45 and that Article
as applied by Article 58 a waiver shall be deemed to have
been expressed by a State if it has been expressed by the head
or any person for that time being performing the functions of
the head of the diplomatic mission of that State or, if there is
no such mission, of the consular post concerned.
(6) The exemption granted by Article 48 with
respect to any services shall be deemed to except those
services from any class of employment that is insurable
employment, or in respect of which contributions are
required to be paid, under the National Insurance and Social
Security Act.
(7) Articles 50, 51, 52, 54, 62 and 67 shall be
construed as granting any privilege or immunity that they
require to be granted.
(8) The reference in Article 57 to the privileges and
immunities provided in Chapter II shall be construed as
referring to those provided in Section II of that Chapter.
(9) The reference in Article 70 to the rules of
international law concerning diplomatic relations shall be
construed as a reference to the provisions of Part II.
(10) The reference in Article 71 to additional
privileges and immunities that may be granted by the
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Application of
sections
4 and 5.
Right of
diplomatic
agents and
consular
officers to
administer oaths
and do notarial
acts in
certain cases.
First Schedule.

Common-
wealth and
Irish consular
officers.
c. 18:02
receiving State or to privileges and immunities so far as these
are granted by the receiving State shall be construed as
referring to such privileges and immunities as may be
specified by the Minister by order.
7. Sections 4 and 5, as they apply to a mission and to
persons connected therewith, apply mutatis mutandis in
relation to a consular post and the persons connected
therewith.
8. (1) A diplomatic agent or consular officer of any
State may, if authorised to do so under the laws of that State
administer oaths, affidavits and do notarial acts—
(a) required by a person for use in that
State or under the laws thereof; or
(b) otherwise required by a national of
that State but not for use in Guyana
except under the laws of some other
country.
(2) The Minister may, by order, exclude or restrict
the provisions of subsection (1) in relation to the
diplomatic agents or consular officers of any State if it
appears to him that in any territory of that State diplomatic
agents or consular officers of Guyana are not permitted
to perform functions corresponding in nature and extent to
those authorised by that subsection.
(3) In this section “diplomatic agent” has the same
meaning as in Article 1 in the First Schedule.
9. If consular officers are appointed by the
Government of any other country within the Commonwealth
or of the Republic of Ireland to serve in Guyana the Minister
may, by order, make such adaptations of any provision of the
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Application
of the
General
Convention.
Third
Schedule.
Immunities
and privileges
of judges of,
and
suitors
to, the Inter-
national Court
applied Acts entitled the Merchant Shipping Acts 1894 to
1965, in so far as it forms part of the law of Guyana or the
Consular Conventions Act referring to a consular officer of a
foreign state as appear to him to be necessary or expedient to
make the provision applicable to consular officers appointed
as aforesaid and to dispense with any requirement as to the
conclusion of a consular convention.
PART IV
PRIVILEGES AND IMMUNITIES OF THE UNITED
NATIONS, AND OF JUDGES OF, AND SUITORS TO,
THE INTERNATIONAL COURT OF
JUSTICE
10. (1) The Articles set out in the Third Schedule
(being Articles of the General Convention) shall have the
force of law in Guyana and shall be construed in accordance
with the following provisions of this section.
(2) In the Articles referred to in subsection (1)—
(a) the reference in Article I to the effect
that the United Nations shall possess
juridical personality shall be
construed as meaning that the United
Nations is a body corporate;
(b) the term “a national” in relation to
Guyana shall be construed as
meaning a citizen of Guyana.
11. The Minister may, by order, confer on the judges
and registrars of the International Court of Justice established
under the Charter of the United Nations and on suitors to
that Court and their agents, counsel and advocates, such
immunities, privileges and facilities as may be required to
give effect to any resolution of, or convention approved by,
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of Justice.

Application of
the Convention
on
the Privileges
and Immunities
of
the Specialised
Agencies.
Fourth
Schedule.
Privileges and
immunities of
specified
organisations.
the General Assembly of the United Nations.
PART V
PRIVILEGES AND IMMUNITIES OF THE SPECIALISED
AGENCIES
12. (1) The Articles set out in the Fourth Schedule
(being Articles of the Convention on the Privileges and
Immunities of the Specialised Agencies) shall have the force
of law in Guyana and shall be construed in accordance with
the following provisions of this section.
(2) In the Articles referred to in subsection (1)—
(a) the reference in section 3 of Article II
to the effect that the Specialised
Agencies shall possess juridical
personality shall be construed as
meaning that the Specialised Agencies
are bodies corporate;
(b) the term “a national” in relation to
Guyana shall be construed as
meaning a citizen of Guyana.
PART VI
PRIVILEGES AND IMMUNITIES OF SPECIFIED
ORGANISATIONS AND OF REPRESENTATIVES
ATTENDING INTERNATIONAL CONFERENCES
13. (1) This section applies to any organisation
declared by the Minister, by order, to be an organisation of
which—
(a) Guyana, or the Government of
Guyana, and
(b) one or more other sovereign Powers,
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Fifth Schedule.
or the Government or Governments
of one or more such Powers, are
members.
(2) Subject to subsection (7), the Minister may,
by order, specify an organisation to which this section applies
and may make any one or more of the following provisions in
respect of the organisation so specified (hereinafter in this
section referred to as “the organisation”) that is to say—
(a) confer on the organisation the legal
capacities of a body corporate;
(b) provide that the organisation shall, to
such extent as may be specified in
the order, have the privileges and
immunities set out in Part I of the
Fifth Schedule;
(c) confer the privileges and immunities
set out in Part II of the Fifth Schedule
to such extent as may be specified in
the order, on persons of any such
class as is mentioned in subsection (3);
(d) confer the privileges and immunities
set out in Part III of the Fifth
Schedule, to such extent as may be
specified in the order, on such classes
of officers and servants of the
organisation (not being classes
mentioned in subsection (3)) as may
be so specified.
(3) The classes of persons referred to in subsection
(2)(c) are—
(a) persons who (whether they represent
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Governments or not) are
representatives to the organisation or
representatives on, or members of,
any organ or committee of the
organisation;
(b) such number of officers of the
organisation as may be specified in
the order, being the holders (whether
permanent or otherwise) of such high
offices in the organisation as may be
so specified; and
(c) persons employed by or serving
under the organisation as experts or
as persons engaged on missions for
the organisation.
(4) Where an order is made under subsection (2),
the provisions of Part IV of the Fifth Schedule shall have
effect for the purpose of extending to the staffs of
representatives mentioned in subsection (3)(a) and to the
families of officers of the organisation any immunities and
privileges conferred on the representatives or officer
mentioned in subsection (3), except in so far as the operation
of the provisions of the Part IV is excluded by the order
conferring the immunities and privileges.
(5) Where an order is made under subsection (2),
then for the purpose of giving effect to any agreement made
in that behalf between Guyana or the Government of
Guyana and the organisation the Minister may by the
same or any subsequent order confer the exemptions set
out in subsection (6) in respect of—
(a) members of the staff of the
organisation recognised by the
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Government of Guyana as holding a
rank equivalent to that of a diplomatic
agent, and
(b) members of the family of any such
member of the staff of the
organisation who form part of his
household.
(6) In the event of the death of the person in
respect of whom the exemptions under subsection (5) are
conferred, exemptions from—
(a) estate duty leviable on his death
under any law for the time being in
force in Guyana in respect of
movable property that is in Guyana
immediately before his death and the
presence of which in Guyana at that
time is due solely to his presence
there in the capacity by reference to
which the exemptions are conferred;
(b) capital gains tax on net chargeable
gains in relation to any such movable
property accruing to that person in
the year of assessment in which he
died
(7) An order made under subsection (2) or (5) shall
be so framed as to secure—
(a) that the privileges and immunities
conferred by the order are not greater
in extent than those which, at the time
when the order takes effect, are
required to be conferred in
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Immunities
and
privileges
of
representatives
attending
international
conferences.
accordance with any agreement to
which Guyana or the Government is
then a party (whether made with one
or more other sovereign Powers or
Governments or made with one or
more organisations such as are
mentioned in subsection (1)), and
(b) that no privilege or immunity is
conferred on any person as the
representative of Guyana or of
the Government of Guyana, or as a
member of the staff of such a
representative.
14. (1) Where a conference is held in Guyana and is
attended by representatives of the governments of one or
more sovereign Powers, and it appears to the Minister that
doubts may arise as to the extent to which the
representatives of those governments (other than the
Government of Guyana) and members of their official staffs
are entitled to immunities and privileges, the Minister may,
by notice published in the Gazette, direct that every
representative of any such Government (other than the
Government of Guyana) shall for the purpose of any
enactment or custom relating to diplomatic immunities and
privileges, be treated as if he were a head of mission, and that
such of the members of his official staff as the Minister may,
from time to time, direct shall be treated for the purpose
aforesaid as if they were members of the official staff of a
head of mission.
(2) For the purposes of subsection ( 1), t h e
Minister may compile a list of the representatives of the
governments aforesaid (other than the Government of
Guyana) and members of their official staffs as he thinks
proper, and shall cause the list and any amendment of that
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Orders
subject
to negative
resolution.
Certificate
of Minister to
be conclusive
evidence.
Use of the flag
or official seal
or emblem of
the United
Nations or of
the Specialised
Agencies
prohibited.
[6 of 1997]


list to be published in the Gazette and the publication shall
include a statement of the day from which the list or
amendment, as the case may be, takes or took effect.
(3) In subsection (1)—
“head of mission” means an Ambassador, High
Commissioner or other person, by whatever title called,
accredited by a sovereign Power and recognised as a
head of mission in Guyana by the Government of
Guyana.
15. An order made under any of the provisions of this
Act is subject to negative resolution of the National Assembly.
16. If in any proceedings a question arises whether or
not a person is entitled to a privilege or immunity under this
Act a certificate issued by or under the authority of the
Minister stating any fact relating to that question shall be
conclusive evidence of that fact.
17. (1) Except with the consent in writing of the
Minister, no person shall assume or use in connection with
any trade, business, calling or profession the name, flag,
official seal or emblem of the United Nations or any of the
Specialised Agencies, or any flag, seal or emblem so nearly
resembling any such flag, official seal or emblem as to be
likely to deceive.
(2) A facsimile of every such flag, official seal or
emblem shall be published in the Gazette.
(3) Any person who contravenes the provisions of
subsection (1) is liable on summary conviction to a fine of
thirty-two thousand five hundred dollars or to imprisonment
for one year or to both.
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Regulations.
ss. 3 and 8.
18. The Minister may make regulations for carrying
into effect the purposes of this Act.
_______________________
FIRST SCHEDULE
ARTICLES OF THE VIENNA CONVENTION ON
DIPLOMATIC RELATIONS HAVING THE FORCE OF LAW
IN GUYANA
ARTICLE 1
For the purpose of the present Convention, the following
expressions shall have the meanings hereunder assigned to
them—
(a) “head of the mission” is the person
charged by the sending State with the
duty of acting in that capacity;
(b) “members of the mission” are the
head of the mission and the members
of the staff of the mission;
(c) “members of the staff of the mission”
are the members of the diplomatic
staff, of the administrative and
technical staff and of the service staff
of the mission;
(d) “members of the diplomatic staff” are
the members of the staff of the
mission having diplomatic rank;
(e) “diplomatic agent” is the head of the
mission or a member of the
diplomatic staff of the mission;
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(f) “members of the administrative and
technical staff” are the members of
the staff of the mission employed in
the administrative and technical
service of the mission;
(g) “members of the service staff” are the
members of the staff of the mission in
the domestic service of the mission;
(h) “private servant” is a person who is in
the domestic service of a member of
the mission and who is not an
employee of the sending State;
(i) “premises of the mission” are the
buildings or parts of buildings and
the land ancillary thereto,
irrespective of ownership, used for
the purposes of the mission including
the residence of the head of the
mission.
ARTICLE 22
1. The premises of the mission shall be inviolable. The
agents of the receiving State may not enter them, except with
the consent of the head of the mission.
2. The receiving State is under a special duty to
take all appropriate steps to protect the premises of the
mission against any intrusion or damage and to prevent any
disturbance of the peace of the mission or impairment of its
dignity.
3. The premises of the mission, their furnishings and
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other property thereon and the means of transport of the
mission shall be immune from search, requisition, attachment
or execution.
ARTICLE 23
1. The sending State and the head of the mission shall
be exempt from all national, regional or municipal dues and
taxes in respect of the premises of the mission, whether
owned or leased, other than such as represent payment for
specific services rendered.
2. The exemption from taxation referred to in this
Article shall not apply to such dues and taxes payable under
the law of the receiving State by persons contracting with the
sending State or the head of the mission.
ARTICLE 24
The archives and documents of the mission shall be inviolable
at any time and wherever they may be.
ARTICLE 27
1. The receiving State shall permit and protect free
communication on the part of the mission for all official
purposes. In communicating with the Government and other
missions and consulates of the sending State, wherever
situated, the mission may employ all appropriate means,
including diplomatic couriers and messages in code or
cipher. However, the mission may install and use a wireless
transmitter only with the consent of the receiving State.
2. The official correspondence of the mission shall be
inviolable. Official correspondence means all correspondence
relating to the mission and its functions.

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3. The diplomatic bag shall not be opened or detained.
4. The packages constituting the diplomatic bag must
bear visible external marks of their character and may contain
only diplomatic documents or articles intended for official
use.
5. The diplomatic courier, who shall be provided with
an official document indicating his status and the
number of packages constituting the diplomatic bag, shall
be protected by the receiving State in the performance of his
functions. He shall enjoy personal inviolability and shall not
be liable to any form of arrest or detention.
6. The sending State or the mission may designate
diplomatic couriers ad hoc. In such cases the provisions of
paragraph 5 of this Article shall also apply, except that the
immunities therein mentioned shall cease to apply when such
a courier has delivered to the consignee the diplomatic bag in
his charge.
7. A diplomatic bag may be entrusted to the
captain of a commercial aircraft scheduled to land at an
authorised port of entry. He shall be provided with an official
document indicating the number of packages constituting the
bag but he shall not be considered to be a diplomatic courier.
The mission may send one of its members to take possession
of the diplomatic bag directly and freely from the captain of
the aircraft.
ARTICLE 28
The fees and charges levied by the mission in the course of its
official duties shall be exempt from all dues and taxes.

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ARTICLE 29
The person of a diplomatic agent shall be inviolable. He shall
not be liable to any form of arrest or detention. The receiving
State shall treat him with due respect and shall take all
appropriate steps to prevent any attack on his person,
freedom or dignity.
ARTICLE 30
1. The private residence of a diplomatic agent shall
enjoy the same inviolability and protection as the premises of
the mission.
2. His papers, correspondence and, except as
provided in paragraph 3 of Article 31, his property, shall
likewise enjoy inviolability.
ARTICLE 31
1. A diplomatic agent shall enjoy immunity from the
criminal jurisdiction of the receiving State. He shall also enjoy
immunity from its civil and administrative jurisdiction,
except in the case of—
(a) a real action relating to private
immovable property situated in the
territory of the receiving State, unless
he holds it on behalf of the sending
State for the purposes of the mission;
(b) an action relating to succession in
which the diplomatic agent is
involved as executor, administrator,
heir or legatee as a private person and
not on behalf of the sending State;

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(c) an action relating to any professional
or commercial activity exercised by
the diplomatic agent in the receiving
State outside his official functions.
2. A diplomatic agent is not obliged to give evidence
as a witness.
3. No measures of execution may be taken in
respect of a diplomatic agent except in the cases coming
under paragraph l(a), (b) and (c) of this Article, and provided
that the measures concerned can be taken without infringing
the inviolability of his person or of his residence.
4. The immunity of a diplomatic agent from the
jurisdiction of the receiving State does not exempt him from
the jurisdiction of the sending State.
ARTICLE 32
1. The immunity from jurisdiction of diplomatic
agents and of persons enjoying immunity under Article 37
may be waived by the sending State.
2. The waiver must always be express.
3. The initiation of proceedings by a diplomatic agent
or by a person enjoying immunity from jurisdiction under
Article 37 shall preclude him from invoking immunity from
jurisdiction in respect of any counterclaim directly connected
with the principal claim.
4. Waiver of immunity from jurisdiction in respect of
civil or administrative proceedings shall not be held to imply
waiver of immunity in respect of the execution of the
judgement, for which a separate waiver shall be necessary.

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ARTICLE 33
1. Subject to the provisions of paragraph 3 of this
Article, a diplomatic agent shall with respect to services
rendered for the sending State be exempt from social security
provisions which may be in force in the receiving State.
2. The exemption provided for in paragraph 1 of this
Article shall also apply to private servants who are in the
sole employ of a diplomatic agent, on condition—
(a) that they are not nationals of or
permanently resident in the receiving
State; and
(b) that they are covered by the social
security provisions which may be in
force in the sending State or a third
State.
3. A diplomatic agent who employs persons to whom
the exemption provided for in paragraph 2 of this Article
does not apply shall observe the obligations which the social
security provisions of the receiving State impose upon
employers.
4. The exemption provided for in paragraphs 1 and 2
of this Article shall not preclude voluntary participation in the
social security system of the receiving State provided that
such participation is permitted by that State.
5. The provisions of this Article shall not affect
bilateral or multilateral agreements concerning social security
concluded previously and shall not prevent the conclusion of
such agreements in the future.

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ARTICLE 34
A diplomatic agent shall be exempt from all dues and taxes,
personal or real, national, regional or municipal, except—
(a) indirect taxes of a kind which
are normally incorporated in the
price of goods or services;
(b) dues and taxes on private immovable
property situated in the territory of
the receiving State, unless he holds it
on behalf of the sending State for the
purposes of the mission;
(c) estate, succession or inheritance
duties levied by the receiving State,
subject to the provisions of paragraph
4 of Article 39;
(d) dues and taxes on private income
having its source in the receiving State
and capital taxes on investments
made in commercial undertakings in
the receiving State;
(e) charges levied for specific services
rendered;
(f) registration, court or record fees,
mortgage dues and stamp duty, with
respect to immovable property,
subject to the provisions of Article 23.
ARTICLE 35
The receiving State shall exempt diplomatic agents from all
personal services, from all public service of any kind
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whatsoever, and from military obligations such as those
connected with requisitioning, military contributions and
billeting.
ARTICLE 36
1. The receiving State shall, in accordance with such
laws and regulations as it may adopt, permit entry of and
grant exemption from all customs duties, taxes, and related
charges other than charges for storage, cartage and similar
services, on—
(a) articles for the official use of the
mission;
(b) articles for the personal use of a
diplomatic agent or members of his
family forming part of his
household, including articles
intended for his establishment.
2. The personal baggage of a diplomatic agent shall
be exempt from inspection, unless there are serious grounds
for presuming that it contains articles not covered by the
exemptions mentioned in paragraph 1 of this Article, or
articles the import or export of which is prohibited by the law
or controlled by the quarantine regulations of the receiving
State. Such inspection shall be conducted only in the presence
of the diplomatic agent or of his authorised representative.
ARTICLE 37
1. The members of the family of a diplomatic agent
forming part of his household shall, if they are not nationals
of the receiving State, enjoy the privileges and immunities
specified in Articles 29 to 36 (inclusive).

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2. Members of the administrative and technical
staff of the mission together with members of their families
forming part of their respective households, shall, if they are
not nationals of or permanently resident in the receiving
State, enjoy the privileges and immunities specified in
Articles 29 to 35 (inclusive), except that the immunity from
civil and administrative jurisdiction of the receiving State
specified in paragraph 1 of Article 31 shall not extend to
acts performed outside the course of their duties. They shall
also enjoy the privileges specified in Article 36, paragraph 1,
in respect of articles imported at the time of first installation.
3. Members of the service staff of the mission who
are not nationals of or permanently resident in the receiving
State shall enjoy immunity in respect of acts performed in the
course of their duties, exemption from dues and taxes on the
emoluments they receive by reason of their employment and
the exemption contained in Article 33.
4. Private servants of members of the mission shall, if
they are not nationals of or permanently resident in the
receiving State, be exempt from dues and taxes on the
emoluments they receive by reason of their employment. In
other respects they may enjoy privileges and immunities
only to the extent admitted by the receiving State.
However, the receiving State must exercise its jurisdiction
over those persons in such a manner as not to interfere
unduly with the performance of the functions of the mission.
ARTICLE 38
1. Except in so far as additional privileges and
immunities may be granted by the receiving State, a
diplomatic agent who is a national of or permanently resident
in that State shall enjoy only immunity from jurisdiction, and
inviolability, in respect of official acts performed in the
exercise of his functions.
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2. Other members of the staff of the mission and
private servants who are nationals of or permanently resident
in the receiving State shall enjoy privileges and immunities
only to the extent admitted by the receiving State. However,
the receiving State must exercise its jurisdiction over those
persons in such a manner as not to interfere unduly with the
performance of the functions of the mission.
ARTICLE 39
1. Every person entitled to privileges and immunities
shall enjoy them from the moment he enters the territory of
the receiving State on proceeding to take up his post or, if
already in its territory, from the moment when his
appointment is notified to the Ministry for Foreign Affairs or
such other Ministry as may be agreed.
2. When the functions of a person enjoying
privileges and immunities have come to an end, such
privileges and immunities shall normally cease at the moment
when he leaves the country, or on expiry of a reasonable
period in which to do so, but shall subsist until that time,
even in case of armed conflict. However, with respect to acts
performed by such a person in the exercise of his functions as
a member of the mission, immunity shall continue to subsist.
3. In the case of the death of a member of the mission,
the members of his family shall continue to enjoy the
privileges and immunities to which they are entitled until the
expiry of a reasonable period in which to leave the country.
4. In the event of the death of a member of the mission
not a national of or permanently resident in the receiving
State or a member of his family forming part of his
household, the receiving State shall permit the withdrawal of
the movable property of the deceased, with the exception of
any property acquired in the country the export of which was
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prohibited at the time of his death. Estate, succession and
inheritance duties shall not be levied on movable property the
presence of which in the receiving State was due solely to the
presence there of the deceased as a member of the mission or
as a member of the family of a member of the mission.
ARTICLE 40
1. If a diplomatic agent passes through or is in the
territory of a third State, which has granted him a passport
visa if such visa was necessary, while proceeding to take up
or to return to his post, or when returning to his own
country, the third State shall accord him inviolability and
such other immunities as may be required to ensure his
transit or return. The same shall apply in the case of any
members of his family enjoying privileges or immunities who
are accompanying the diplomatic agent, or travelling
separately to join or to return to their country.
2. In circumstances similar to those specified in
paragraph 1 of this Article, the third State shall not hinder the
passage of members of the administrative and technical or
service staff of a mission, and of members of their families,
through their territories.
3. Third States shall accord to official correspondence
and other official communications in transit, including
messages in code or cipher, the same freedom and
protection as is accorded by the receiving State. They shall
accord to diplomatic couriers, who have been granted a
passport visa if such visa was necessary, and diplomatic bags
in transit the same inviolability and protection as the
receiving State is bound to accord.
4. The obligations of the third State under paragraphs
1, 2 and 3 of this Article shall also apply to the persons
mentioned respectively in those paragraphs, and to official
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s.6
Communications and diplomatic bags, whose presence in the
territory of the third State is due to force majeure.
_________________
SECOND SCHEDULE
ARTICLES OF THE VIENNA CONVENTION ON
CONSULAR RELATIONS HAVING THE FORCE OF LAW
IN GUYANA
ARTICLE 1
DEFINITIONS
1. For the purposes of the present Convention, the
following expressions shall have the meanings hereunder
assigned to them—
(a) “consular post” means any consulate-general,
consulate, vice-consulate or consular agency;

(b) “consular district” means the area assigned to
a consular post for the exercise of consular
functions;
(c) “head of consular post” means the person
charged with the duty of acting in that
capacity;
(d) “consular officer” means any person, including
the head of a consular post, entrusted in that
capacity with the exercise of consular
functions;
(e) “consular employee” means any person
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employed in the administrative or technical
service of a consular post;
(f) “member of the service staff” means any
person employed in the domestic service of
a consular post;
(g) “members of the consular post” means
consular officers, consular employees and
members of the service staff;
(h) “members of the consular staff” means
consular officers, other than the head of a
consular post, consular employees and
members of the service staff;
(i) “member of the private staff” means a
person who is employed exclusively in the
private service of a member of the consular
post;
(j) “consular premises” means the buildings or
parts of buildings and the land ancillary
thereto, irrespective of ownership, used
exclusively for the purposes of the consular
post;
(k) “consular archives” includes all the papers,
documents, correspondence, books, films,
tapes and registers of the consular post,
together with the ciphers and codes, the
card- indexes and any article of furniture
intended for their protection or safekeeping.

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CHAPTER I
CONSULAR RELATIONS IN GENERAL
ARTICLE 5
CONSULAR FUNCTIONS
Consular functions consist in—
(a) protecting in the receiving State the
interests of the serving State and of
its nationals, both individuals and
bodies corporate, within the limits
permitted by international law;
(b) furthering the development of
commercial, economic, cultural and
scientific relations between the
sending State and the receiving State
and otherwise promoting friendly
relations between them in accordance
with the provisions of the present
Convention;
(c) ascertaining by all lawful means
conditions and developments in the
commercial, economic, cultural and
scientific life of the receiving State,
reporting thereon to the Government
of the sending State and giving
information to persons interested;
(d) issuing passports and travel
documents to nationals of the sending
State, and visas or appropriate
documents to persons wishing to
travel to the sending State;

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(e) helping and assisting nationals, both
individuals and bodies corporate, of
the sending State;
(f) acting as notary and civil registrar
and in capacities of a similar kind,
and performing certain functions of
an administrative nature, provided
that there is nothing contrary
thereto in the laws and regulations of
the receiving State;
(g) safeguarding the interests of nationals,
both individuals and bodies
corporate, of the sending State in
cases of succession mortis causa in the
territory of the receiving State, in
accordance with the laws and
regulations of the receiving State;
(h) safeguarding, within the limits
imposed by the laws and regulations
of the receiving State, the interests of
minors and other persons lacking full
capacity who are nationals of the
sending State, particularly where any
guardianship or trusteeship is
required with respect to such persons;
(i) subject to the practices and
procedures obtaining in the receiving
State, representing or arranging
appropriate representation for
nationals of the sending State before
the tribunals and other authorities of
the receiving State, for the purpose of
obtaining, in accordance with the
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laws and regulations of the receiving
State, provisional measures for the
preservation of the rights and
interests of these nationals, where,
because of absence or any other
reason, such nationals are unable at
the proper time to assume the defence
of their rights and interests;
(j) transmitting judicial and extra-judicial
documents or executing letters
rogatory or commissions to take
evidence for the courts of the
sending State in accordance with
international agreements in force or,
in the absence of such international
agreements, in any other manner
compatible with the laws and
regulations of the receiving State;
(k) exercising rights of supervision
and inspection provided for in the
laws and regulations of the sending
State in respect of vessels having the
nationality of the sending State, and
of aircraft registered in that State, and
in respect of their crews;
(l) extending assistance to vessels and
aircraft mentioned in sub-paragraph
(k) of this Article and their crews,
taking statements regarding the
voyage of a vessel, examining and
stamping the ship’s papers, and,
without prejudice to the powers of the
authorities of the receiving State,
conducting investigations into any
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incidents which occurred during the
voyage, and settling disputes of
any kind between the master, the
officers and the seamen in so far as
this may be authorised by the laws
and regulations of the sending State;
(m) performing any other functions
entrusted to a consular post by the
sending State which are not
prohibited by the laws and
regulations of the receiving State or to
which no objection is taken by the
receiving State or which are referred
to in the international agreements in
force between the sending State and
the receiving State.
ARTICLE 15
TEMPORARY EXERCISE OF THE FUNCTIONS OF THE
HEAD OF A CONSULAR POST
1. If the head of a consular post is unable to carry out
his functions or the position of head of consular post is
vacant, an acting head of post may act provisionally as head
of the consular post.
2. The full name of the acting head of post shall be
notified either by the diplomatic mission of the sending State
or, if that State has no such mission in the receiving State, by
the head of the consular post, or, if he is unable to do so, by
any competent authority of the sending State, to the Ministry
for Foreign Affairs of the receiving State or to the authority
designated by that Ministry. As a general rule, this
notification shall be given in advance. The receiving State
may make the admission as acting head of neither post of a
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person who is neither a diplomatic agent nor a consular
officer of the sending State in the receiving State conditional
on its consent.
3. The competent authorities of the receiving State
shall afford assistance and protection to the acting head of
post. While he is in charge of the post, the provisions of the
present Convention shall apply to him on the same basis as to
the head of the consular post concerned.
The receiving State shall not, however, be obliged to grant to
an acting head of post any facility, privilege or immunity
which the head of the consular post enjoys only subject to
conditions not fulfilled by the acting head of post.
4. When, in circumstances referred to in paragraph 1
of this Article, a member of the diplomatic staff of the
diplomatic mission of the sending State in the receiving State
is designated by the sending State as an acting head of post,
he shall, if the receiving State does not object thereto, continue
to enjoy diplomatic privileges and immunities.
ARTICLE 17
PERFORMANCE OF DIPLOMATIC ACTS BY CONSULAR
OFFICERS
1. In a State where the sending State has no
diplomatic mission and is not represented by a diplomatic
mission of a third State, a consular officer may, with the
consent of the receiving State, and without affecting his
consular status, be authorised to perform diplomatic acts.
The performance of such acts by a consular officer shall not
confer upon him any right to claim diplomatic privileges and
immunities.
2. A consular officer may, after notification addressed
to the receiving State, act as representative of the sending
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State to any inter- governmental organisation. When so
acting, he shall be entitled to enjoy any privileges and
immunities accorded to such a representative by customary
international law or by international agreements; however,
in respect of the performance by him of any consular
function, he shall not be entitled to any greater
immunity from jurisdiction than that to which a consular
officer is entitled under the present Convention.
CHAPTER II
FACILITIES, PRIVILEGES AND IMMUNITIES RELATING
TO CONSULAR POSTS, CAREER CONSULAR OFFICERS
AND OTHER
MEMBERS OR A CONSULAR POST
SECTION I
FACILITIES, PRIVILEGES AND IMMUNITIES RELATING
TO A CONSULAR POST
ARTICLE 31
INVIOLABILITY O F THE CONSULAR PREMISES
1. Consular premises shall be inviolable to the extent
provided in this Article.
2. The authorities of the receiving State shall not enter
that part of the consular premises which is used exclusively
for the purpose of the work of the consular post except with
the consent of the head of the consular post or of his designee
or of the head of the diplomatic mission of the sending State.
The consent of the head of the consular post may, however,
be assumed in case of fire or other disaster requiring
prompt protective action.

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3. Subject to the provisions of paragraph 2 of this
Article, the receiving State is under a special duty to take all
appropriate steps to protect the consular premises against any
intrusion or damage and to prevent any disturbance of the
peace of the consular post or impairment of its dignity.
4. The consular premises, their furnishings, the
property of the consular post and its means of transport shall
be immune from any form of requisition for purposes of
national defence or public utility. If expropriation is necessary
for such purposes, all possible steps shall be taken to avoid
impeding the performance of consular functions, and prompt,
adequate and effective compensation shall be paid to the
sending State
ARTICLE 32
EXEMPTION FROM TAXATION OF CONSULAR
PREMISES
1. Consular premises and the residence of the career
head of consular post of which the sending State or any
person acting on its behalf is the owner or lessee shall be
exempt from all national, regional or municipal dues and
taxes whatsoever, other than such as represent payment for
specific services rendered.
2. The exemption from taxation referred to in
paragraph 1 of this Article shall not apply to such dues and
taxes if, under the law of the receiving State, they are payable
by the person who contracted with the sending State or with
the person acting on its behalf.

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ARTICLE 33
INVIOLABILITY OF THE CONSULAR ARCHIVES
AND DOCUMENTS
The consular archives and documents shall be
inviolable at all times and wherever they may be.
ARTICLE 35
FREEDOM OF COMMUNICATION
1. The receiving State shall permit and protect
freedom of communication on the part of the consular
post for all official purposes. In communicating with the
Government, the diplomatic missions and other consular
posts, wherever situated, of the sending State, the consular
post may employ all appropriate means, including diplomatic
or consular couriers, diplomatic or consular bags and
messages in code or cipher. However, the consular post may
install and use a wireless transmitter only with the consent of
the receiving State.
2. The official correspondence of the consular post
shall be inviolable. Official correspondence means all
correspondence relating to the consular post and its functions.
3. The consular bag shall be neither opened nor
detained. Nevertheless if the competent authorities of
the receiving State have serious reason to believe that the bag
contains something other than the correspondence,
documents or articles referred to in paragraph 4 of this
Article, they may request that the bag be opened in their
presence by an authorised representative of the sending State.
If this request is refused by the authorities of the sending
State, the bag shall be returned to its place of origin.
4. The packages constituting the consular bag shall
bear visible external marks of their character and may contain
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only official correspondence and documents or articles
intended exclusively for official use.
5. The consular courier shall be provided with an
official document indicating his status and the number
of packages constituting the consular bag. Except with the
consent of the receiving State he shall be neither a national of
the receiving State, nor, unless he is a national of the sending
State, a permanent resident of the receiving State. In the
performance of his functions he shall be protected by the
receiving State. He shall enjoy personal inviolability and shall
not be liable to any form of arrest or detention.
6. The sending State, its diplomatic missions and its
consular posts may designate consular couriers ad hoc. In such
cases the provisions of paragraph 5 of this Article shall also
apply except that the immunities therein mentioned shall
cease to apply when such a courier has delivered to the
consignee the consular bag in his charge.
7. A consular bag may be entrusted to the captain of a
ship or of a commercial aircraft scheduled to land at an
authorised port of entry. He shall be provided with an official
document indicating the number of packages constituting the
bag, but he shall not be considered to be a consular courier.
By arrangement with the appropriate local authorities, the
consular post may send one of its members to take possession
of the bag directly and freely from the captain of the ship or of
the aircraft.
ARTICLE 39
CONSULAR FEES AND CHARGES
1. The consular post may levy in the territory of the
receiving State the fees and charges provided by the laws and
regulations of the sending State for consular acts.

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2. The sums collected in the form of the fees and
charges referred to in paragraph 1 of this Article, and the
receipts for such fees and charges, shall be exempted from all
dues and taxes in the receiving State.
SECTION II
FACILITIES, PRIVILEGES AND IMMUNITIES RELATING
TO CAREER CONSULAR OFFICERS AND OTHER
MEMBERS OF A CONSULAR POST
ARTICLE 41
PERSONAL INVIOLABILITY OF CONSULAR OFFICERS
1. Consular officers shall not be liable to arrest or
detention pending trial, except in the case of a grave crime
and pursuant to a decision by the competent judicial
authority.
2. Except in the case specified in paragraph 1 of this
Article, consular officers shall not be committed to prison or
liable to any other form of restriction on their personal
freedom save in execution of a judicial decision of final effect.
ARTICLE 43
IMMUNITY FROM JURISDICTION
1. Consular officers and consular employees
shall not be amenable to the jurisdiction of the judicial or
administrative authorities of the receiving State in respect of
acts performed in the exercise of consular functions.
2. The provisions of paragraph 1 of this Article shall
not, however, apply in respect of a civil action either—

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(a) arising out of a contract concluded by
a consular officer or a consular
employee in which he did not
contract expressly or impliedly as an
agent of the sending State; or
(b) by a third party for damage arising
from an accident in the receiving State
caused by a vehicle, vessel or aircraft.
ARTICLE 44
LIABILITY TO GIVE EVIDENCE
1. Members of a consular post may be called upon to
attend as witnesses in the course of judicial or administrative
proceedings. A consular employee or a member of the service
staff shall not, except in the cases mentioned in paragraph 3 of
this Article, decline to give evidence. If a consular officer
should decline to do so, no coercive measure or penalty may
be applied to him.
2. The authority requiring the evidence of a consular
officer shall avoid interference with the performance of his
functions. It may, when possible, take such evidence at his
residence or at the consular post or accept a statement from
him in writing.
3. Members of a consular post are under no
obligation to give evidence concerning matters connected
with the exercise of their functions or to produce official
correspondence and documents relating thereto. They are also
entitled to decline to give evidence as expert witnesses with
regard to the law of the sending State.

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ARTICLE 45
WAIVER OF PRIVILEGES AND IMMUNITIES
1. The sending State may waive, with regard to a
member of the consular post, any of the privileges and
immunities provided for in Articles 41, 43 and 44.
2. The waiver shall in all cases be express except as
provided in paragraph 3 of this Article, and shall be
communicated to the receiving State in writing.
3. The initiation of proceedings by a consular officer
or a consular employee in a matter where he might enjoy
immunity from jurisdiction under Article 43 shall preclude
him from invoking immunity from jurisdiction in respect of
any counter-claim directly connected with the principal claim.
4. The waiver of immunity from jurisdiction for the
purposes of civil or administrative proceedings shall not be
deemed to imply the waiver of immunity from the measures
of execution resulting from the judicial decision; in respect of
such measures, a separate waiver shall be necessary.
ARTICLE 48
SOCIAL SECURITY EXEMPTIONS
1. Subject to the provisions of paragraph 3 of this
Article, members of the consular post with respect to services
rendered by them for the sending State, and members of their
families forming part of their households, shall be exempt
from social security provisions which may be in force in the
receiving State.
2. The exemption provided for in paragraph 1 of this
Article shall apply also to members of the private staff who
are in the sole employ of members of the consular post, on
condition—
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(a) that they are not nationals of or permanently
resident in the receiving State; and
(b) that they are covered by the social security
provisions which are in force in the sending
State or a third State.
3. Members of the consular post who employ persons
to whom the exemption provided for in paragraph 2 of this
Article does not apply shall observe the obligations which the
social security provisions of the receiving State impose upon
employers.
4. The exemption provided for in paragraphs 1 and 2
of this Article shall not preclude voluntary participation in the
social security system of the receiving State, provided that
such participation is permitted by that State.
ARTICLE 49
EXEMPTION FROM TAXATION
1. Consular officers and consular employees and
members of their families forming part of their households
shall be exempt from all dues and taxes, personal or real,
national, regional or municipal, except—
(a) indirect taxes of a kind which are normally
incorporated in the price of goods or
services;
(b) dues or taxes on private immovable
property situated in the territory of the
receiving State, subject to the provisions of
Article 32;

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(c) estate, succession or inheritance duties, and
duties on transfers, levied by the receiving
State, subject to the provisions of paragraph
(b) of Article 51;
(d) dues and taxes on private income, including
capital gains, having its source in the
receiving State and capital taxes relating to
investments made in commercial or
financial undertakings in the receiving State;
(e) charges levied for specific services rendered;
(f) registration, court or record fees, mortgage
dues and stamp duties, subject to the
provisions of Article 32.
2. Members of the service staff shall be exempt from
dues and taxes on the wages which they receive for their
services.
3. Members of the consular post who employ persons
whose wages or salaries are not exempt from income tax in
the receiving State shall observe the obligations which the
laws and regulations of that State impose upon employers
concerning the levying of income tax.
ARTICLE 50
EXEMPTIONS FROM CUSTOMS DUTIES AND
INSPECTION
1. The receiving State shall, in accordance with such
laws and regulations as it may adopt, permit entry of and
grant exemption from all customs duties, taxes, and related
charges other than charges for storage, cartage and similar
services, on—
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(a) articles for the official use of the consular
post;
(b) articles for the personal use of a consular
officer or member of his family forming
part of his household, including articles
intended for his establishment. The articles
intended for consumption shall not exceed
the quantities necessary for direct utilisation
by the persons concerned.
2. Consular employees shall enjoy the privileges and
exemptions specified in paragraph 1 of this Article in respect
of articles imported at the time of first installation.
3. Personal baggage accompanying consular officers
and members of their families forming part of their
households shall be exempt from inspection. It may be
inspected only if there is serious reason to believe that it
contains articles other than those referred to in paragraph l (b)
of this Article, or articles the import or export of which is
prohibited by the laws and regulations of the receiving State
or which are subject to its quarantine laws and regulations.
Such inspection shall be carried out in the presence of the
consular officer or member of his family concerned.
ARTICLE 51
ESTATE OF A MEMBER OF THE CONSULAR POST OR
OF A MEMBER OF HIS FAMILY
In the event of the death of a member of the consular post or
of a member of his family forming part of his household, the
receiving State—
(a) shall permit the export of the movable
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property of the deceased, with the exception
of any such property acquired in the
receiving State the export of which was
prohibited at the time of his death;
(b) shall not levy national, regional or
municipal estate, succession or inheritance
duties, and duties on transfers, on movable
property the presence of which in the
receiving State was due solely to the
presence in that State of the deceased as a
member of the consular post or as a member
of the family of a member of the consular
post.
ARTICLE 52
EXEMPTION FROM PERSONAL SERVICES AND
CONTRIBUTION
The receiving State shall exempt members of the consular
post and members of their families forming part of their
households from all personal services, from all public service
of any kind whatsoever, and from military obligations such as
those connected with requisitioning, military contributions
and billeting.
ARTICLE 53
BEGINNING AND END OF CONSULAR PRIVILEGES AND
IMMUNITIES
1. Every member of the consular post shall enjoy the
privileges and immunities provided in the present
Convention from the moment he enters the territory of the
receiving State on proceeding to take up his post or, if already
in its territory, from the moment when he enters on his duties
with the consular post.

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2. Members of the family of a member of the
consular post forming part of his household and members of
his private staff shall receive the privileges and immunities
provided in the present Convention from the date from
which he enjoys privileges and immunities in accordance
with paragraph 1 of this Article or from the date of their entry
into the territory of the receiving State or from the date of
their becoming a member of such family or private staff,
whichever is the latest.
3. When the functions of a member of the consular
post have come to the end, his privileges and immunities and
those of a member of his family forming part of his household
or a member of his private staff shall normally cease at the
moment when the person concerned leaves the receiving State
or on the expiry of a reasonable period in which to do so,
whichever is the sooner, but shall subsist until that time, even
in case of armed conflict. In the case of the persons referred to
in paragraph 2 of this Article, their privileges and immunities
shall come to an end when they cease to belong to the
household or to be in the service of a member of the consular
post provided, however, that if such persons intend leaving
the receiving State within a reasonable period thereafter, their
privileges and immunities shall subsist until the time of their
departure.
4. However, with respect to acts performed by a
consular officer or a consular employee in the exercise of his
functions, immunity from jurisdiction shall continue to
subsist without limitation of time.
5. In the event of the death of a member of the
consular post, the members of his family forming part of his
household shall continue to enjoy the privileges and
immunities accorded to them until they leave the receiving
State or until the expiry of a reasonable period enabling them
to do so, whichever is the sooner.
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ARTICLE 54
OBLIGATIONS O F THIRD STATES
1.If a consular officer passes through or is in the
territory of a third State, which has granted him a visa if a
visa was necessary, while proceeding to take up or return to
his post or when returning to the sending State, the third
State shall accord to him all immunities provided for by
the other Articles of the present Convention as may be
required to ensure his transit or return. The same shall apply
in the case of any member of his family forming part of his
household enjoying such privileges and immunities who are
accompanying the consular officer or travelling separately to
join him or to return to the sending State.
2. In circumstances similar to those specified in
paragraph 1 of this Article, third States shall not hinder the
transit through their territory of other members of the
consular post or of members of their families forming part of
their households.
3. Third States shall accord to official correspondence
and to other official communications in transit, including
messages in code or cipher, the same freedom and protection
as the receiving State is bound to accord under the present
Convention. They shall accord to consular couriers who have
been granted a visa, if a visa was necessary, and to consular
bags in transit, the same inviolability and protection as the
receiving State is bound to accord under the present
Convention
4. The obligations of third States under paragraphs 1,
2 and 3 of this Article shall also apply to the persons
mentioned respectively in those paragraphs, and to official
communications and to consular bags, whose presence in the
territory of the third State is due to force majeure.
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ARTICLE 55
RESPECT FOR THE LAWS AND REGULATIONS OF THE
RECEIVING STATE
2. The consular premises shall not be used in any
manner incompatible with the exercise of consular functions.
3. The provisions of paragraph 2 of this Article shall
not exclude the possibility of offices of other institutions
or agencies being installed in part of the building in which
the consular premises are situated, provided that the premises
assigned to them are separate from those used by the consular
post. In that event, the said offices shall not, for the purposes
of the present convention, be considered to form part of the
consular premises.
ARTICLE 57
SPECIAL PROVISIONS CONCERNING PRIVATE GAINFUL
OCCUPATION
2. Privileges and immunities provided in this Chapter
shall not be accorded—
(a) to consular employees or to members
of the service staff who carry on any
private gainful occupation in the
receiving State;
(b) to members of the family of a person
referred to in subparagraph (a) of
this paragraph or two members of
his private staff;
(c) to members of the family of a member
of a consular post who themselves
carry on any private gainful
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occupation in the receiving State.
CHAPTER III
REGIME RELATING TO HONORARY CONSULAR
OFFICERS AND CONSULAR POSTS HEADED BY SUCH
OFFICERS
ARTICLE58
GENERAL PROVISIONS RELATING TO FACILITIES,
PRIVILEGES AND IMMUNITIES
1. Articles 35, 39, 54(3), 55(2) and (3) shall apply to
consular posts headed by an honorary consular officer. In
addition, the facilities, privileges and immunities of such
consular posts shall be governed by Articles 60, 61 and 62.
2. Articles 43, 44(3), 45 and 53 shall apply to honorary
consular officers. In addition, the facilities, privileges and
immunities of such consular officers shall be governed by
Articles 66 and 67.
3. Privileges and immunities provided in the present
Convention shall not be accorded to members of the family of
an honorary consular officer or of a consular employee
employed at a consular post headed by an honorary consular
officer.
ARTICLE 59
PROTECTION OF THE CONSULAR PREMISES
The receiving State shall take such steps as may be necessary
to protect the consular premises of a consular post headed by
an honorary consular officer against any intrusion or damage
and to prevent any disturbance of the peace of the consular
post or impairment of its dignity.

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ARTICLE 60
EXEMPTION FROM TAXATION OF CONSULAR PREMISES
1. Consular premises of a consular post headed by an
honorary consular officer of which the sending State is the
owner or lessee shall be exempt from all national, regional or
municipal dues and taxes whatsoever, other than such as
represent payment for specific services rendered.
2. The exemption from taxation referred to in
paragraph 1 of this Article shall not apply to such dues and
taxes if, under the laws and regulations of the receiving State,
they are payable by the person who contracted with the
sending State.
ARTICLE 61
INVIOLABILITY OF CONSULAR ARCHIVES AND
DOCUMENTS
The consular archives and documents of a consular post
headed by an honorary consular officer shall be inviolable
at all times and wherever they may be, provided that they
are kept separate from other papers and documents and,
in particular, from the private correspondence of the
head of a consular post and of any person working with him,
and from the materials, books or documents relating to
their profession or trade.
ARTICLE 62
EXEMPTION FROM CUSTOMS DUTIES
The receiving State shall, in accordance with such laws and
regulations as it may adopt, permit entry of, and grant
exemption from all customs duties, taxes, and related charges
other than charges for storage, cartage and similar services
on the following articles, provided that they are for the official
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use of a consular post headed by an honorary consular
officer: coats-of-arms, flags, signboards, seals and stamps,
books, official printed matter, office furniture, office
equipment and similar articles supplied by or at the instance
of the sending State to the consular post.
ARTICLE 66
EXEMPTION FROM TAXATION
An honorary consular officer shall be exempt from all dues
and taxes on the remuneration and emoluments which he
receives from the sending State in respect of the exercise of
consular functions.
ARTICLE 67
The receiving State shall exempt honorary consular officers
from all personal services and from all public services of
any kind whatsoever and from military obligations such as
those connected with requisitioning military contributions
and billeting.
ARTICLE 70
EXERCISE OF CONSULAR FUNCTIONS BY DIPLOMATIC
MISSIONS
1. The provisions of the present Convention apply
also, so far as the context permits, to the exercise of consular
functions by a diplomatic mission.
2. The names of members of a diplomatic mission
assigned to the consular section or otherwise charged with
the exercise of the consular functions of the mission shall be
notified to the Ministry for Foreign Affairs of the receiving
State or to the authority designated by that Ministry.

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4. The privileges and immunities of the members of a
diplomatic mission referred to in paragraph 2 of this Article
shall continue to be governed by the rules of international law
concerning diplomatic relations.
ARTICLE 71
NATIONALS OR PERMANENT RESIDENTS OF THE
RECEIVING STATE
1. Except in so far as additional facilities, privileges
and immunities may be granted by the receiving State,
consular officers who are nationals of or permanently resident
in the receiving State shall enjoy only immunity from
jurisdiction and personal inviolability in respect of official
acts performed in the exercise of their functions, and the
privilege provided in Article 44 (3). So far as these consular
officers are concerned, the receiving State shall likewise be
bound by the obligation laid down in Article 42. If criminal
proceedings are instituted against such a consular officer, the
proceedings shall, except when he is under arrest or
detention, be conducted in a manner which will hamper the
exercise of consular functions as little as possible.
2. Other members of the consular post who are
nationals of or permanently resident in the receiving State
and members of their families, as well as members of the
families of consular officers referred to in paragraph 1 of
this Article, shall enjoy facilities, privileges and immunities
only in so far as these are granted to them by the receiving
State. Those members of the families of members of the
consular post and those members of the private staff
who are themselves nationals of or permanently resident in
the receiving State shall likewise enjoy facilities, privileges
and immunities only in so far as these are granted to them by
the receiving State. The receiving State shall, however,
exercise its jurisdiction over those persons in such a way as
not to hinder unduly the performance of the functions of the
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consular post.
_____________________
THIRD SCHEDULE
ARTICLES OF THE CONVENTION ON THE PRIVILEGES
AND IMMUNITIES OF THE UNITED NATIONS HAVING
THE FORCE OF LAW IN GUYANA
ARTICLE 1
JURIDICAL PERSONALITY
Section 1. The United Nations shall possess juridical
personality. It shall have the capacity—
(a) to contract;
(b) to acquire and dispose of immovable and
movable property;
(c) to institute legal proceedings.
ARTICLE II
PROPERTY, FUNDS AND ASSETS
Section 2. The United Nations, its property and assets
wherever located and by whomever held, shall enjoy
immunity from every form of legal process except insofar as
in any particular case it has expressly waived its immunity. It
is, however, understood that no waiver of immunity shall
extend to any measure of execution.
Section 3. The premises of the United Nations shall be
inviolable. The property and assets of the United Nations,
wherever located and by whomever held, shall be immune
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from search, requisition, confiscation, expropriation and any
other form of interference, whether by executive,
administrative, judicial or legislative action.
Section 4. The archives of the United Nations, and in general
all documents belonging to it or held by it, shall be inviolable
wherever located.
Section 5. Without being restricted by financial controls,
regulations or moratoria of any kind—
(a) the United Nations may hold funds,
gold or currency of any kind and
operate accounts in any currency;
(b) the United Nations shall be free to
transfer its funds, gold or currency
from one country to another or within
any country and to convert any
currency held by it into any other
currency.
Section 6. In exercising its rights under section 5 overleaf, the
United Nations shall pay due regard to any representations
made by the Government of any Member insofar as it is
considered that effect can be given to such representations
without detriment to the interests of the United Nations.
Section 7. The United Nations, its assets, income and other
property shall be—
(a) exempt from all direct taxes; it is
understood, however, that the United
Nations will not claim exemption
from taxes which are, in fact, no more
than charges for public utility
services;
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(b) exempt from customs duties and
prohibitions and restrictions on
imports and exports in respect of
articles imported or exported by the
United Nations for its official use; it is
understood, however, that articles
imported under such exemption will
not be sold in the country into which
they were imported except under
conditions agreed with the
Government of that country;
(c) exempt from customs duties and
prohibitions and restrictions on
imports and exports in respect of
its publications.
Section 8. While the United Nations will not, as a general rule,
claim exemption from excise duties and from taxes on the
sale of movable and immovable property which form part of
the price to be paid, nevertheless when the United Nations
is making important purchases for official use of property on
which such duties and taxes have been charged or are
chargeable, Members will, whenever possible, make
appropriate administrative arrangements for the remission
or return of the amount of duty or tax.
ARTICLE III
FACILITIES IN RESPECT OF COMMUNICATIONS
Section 9. The United Nations shall enjoy in the territory of
each Member for its official communications treatment not
less favourable than that accorded by the Government of that
Member to any other Government including its diplomatic
mission in the matter of priorities, rates and taxes on mails,
cables, telegrams, radiograms, telephotos, telephone and
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other communications; and press rates for information to the
press and radio. No censorship shall be applied to the official
correspondence and other official communications of the
United Nations.
Section 10. The United Nations shall have the right to use
codes and to dispatch and receive its correspondence by
courier or in bags, which shall have the same immunities and
privileges as diplomatic couriers and bags.
ARTICLE IV
THE REPRESENTATIVES OF MEMBERS
Section 11. Representatives of Members to the principal and
subsidiary organs of the United Nations and to conferences
convened by the United Nations, shall, while exercising
their functions and during their journey to and from the
place of meeting, enjoy the following privileges and
immunities—
(a) immunity from personal arrest or
detention and from seizure of their
personal baggage, and, in respect of
words spoken or written and all acts
done by them in their capacity as
representatives, immunity from legal
process of every kind;
(b) inviolability for all papers and
documents;
(c) the right to use codes and to receive
papers or correspondence by courier
or in sealed bags;
(d) exemption in respect of themselves
and their spouses from immigration
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restrictions, alien registration or
national service obligations in the
state they are visiting or through
which they are passing in the exercise
of their functions;
(e) the same facilities in respect of
currency or exchange restrictions as
are accorded representatives of
foreign governments on temporary
official missions;
(f) the same immunities and facilities in
respect of their personal baggage as
are accorded to diplomatic envoys;
and also
(g) such other privileges, immunities and
facilities not inconsistent with the
foregoing as diplomatic envoys enjoy,
except that they shall have no right to
claim exemption from customs duties
on goods imported (otherwise than as
part of their personal baggage) or
from excise duties or sales taxes.
Section 12. In order to secure, for the representatives of
Members to the principal and subsidiary organs of the United
Nations and to conferences convened by the United Nations,
complete freedom of speech and independence in the
discharge of their duties, the immunity from legal process in
respect of words spoken or written and all acts done by them
in discharging their duties shall continue to be accorded,
notwithstanding that the persons concerned are no longer the
representatives of Members.
Section 13. Where the incidence of any form of taxation
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depends upon residence, periods during which the
representatives of Members to the principal and subsidiary
organs of the United Nations and to conferences by the
United Nations are present in a state for the discharge of
their duties shall not be considered as periods of
residence.
Section 14. Privileges and immunities are accorded to the
representatives of Members not for the personal benefit
of the individuals themselves, but in order to safeguard the
independent exercise of their functions in connection with the
United Nations. Consequently a Member not only has the
right but is under a duty to waive the immunity of its
representative in any case where in the opinion of the
Member the immunity would impede the course of justice,
and it can be waived without prejudice to the purpose for
which the immunity is accorded.
Section 15. The provisions of sections 11, 12, and 13 are not
applicable as between a representative and the authorities of
the state of which he is a national or of which he is or
has been the representative.
Section 16. In this Article the expression “representatives”
shall be deemed to include all delegates, deputy delegates,
advisers, technical experts and secretaries of delegations.
ARTICLE V
OFFICIALS
Section 18. Officials of the United Nations shall—
(a) be immune from legal process in
respect of words spoken or written
and all acts performed by them in
their official capacity;

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(b) be exempt from taxation on the
salaries and emoluments paid to them
by the United Nations;
(c) be immune from national service
obligations;
(d) be immune, together with their
spouses and relatives dependent on
them, from immigration restrictions
and alien registration;
(e) be accorded the same privileges in
respect of exchange facilities as are
accorded to the officials of
comparable ranks forming part of
diplomatic missions to the
Government concerned;
(f) be given, together with their spouses
and relatives dependent on them, the
same repatriation facilities in time of
international crisis as diplomatic
envoys;
(g) have the right to import free of duty
their furniture and effects at the time
of first taking up their post in the
country in question.
Section 19. In addition to the immunities and privileges
specified in section 18, the Secretary-General and all Assistant
Secretaries- General shall be accorded in respect of
themselves, their spouses and minor children, the privileges
and immunities, exemptions and facilities accorded to
diplomatic envoys, in accordance with international law.

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Section 20. Privileges and immunities are granted to officials
in the interests of the United Nations and not for the personal
benefit of the individuals themselves. The Secretary-General
shall have the right and the duty to waive the immunity of
any official in any case where, in his opinion, the immunity
would impede the course of justice and can be waived
without prejudice to the interests of the United Nations. In the
case of the Secretary-General, the Security Council shall have
the right to waive immunity.
Section 21. The United Nations shall co-operate at all times
with the appropriate authorities of Members to facilitate
the proper administration of justice, secure the observance of
police regulations and prevent the occurrence of any abuse
in connection with the privileges, immunities and facilities
mentioned in this article.
ARTICLE VI
EXPERTS ON MISSIONS FOR THE UNITED NATIONS
Section 22. Experts (other than officials coming within the
scope of Article V) performing missions for the United
Nations shall be accorded such privileges and immunities as
are necessary for the independent exercise of their functions
during the period of their missions, including the time spent
on journeys in connection with their missions. In particular
they shall be accorded—
(a) immunity from personal arrest or
detention and from seizure of their
personal baggage;
(b) in respect of words spoken or written
and acts done by them in the course
of the performance of their mission,
immunity from legal process of every
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kind. This immunity from legal
process shall continue to be accorded
notwithstanding that the persons
concerned are no longer employed on
missions for the United Nations;
(c) inviolability for all papers and
documents;
(d) for the purpose of their
communications with the United
Nations, the right to use codes and to
receive papers or correspondence by
courier or in sealed bags;
(e) the same facilities in respect of
currency or exchange restrictions as
are accorded to representatives of
foreign governments on temporary
official missions;
(f) the same immunities and facilities in
respect of their personal baggage as
are accorded to diplomatic envoys.
Section 23. Privileges and immunities are granted to experts
in the interests of the United Nations and not for the personal
benefit of the individuals themselves. The Secretary-General
shall have the right and the duty to waive the immunity of
any expert in any case where, in his opinion, the immunity
would impede the course of justice and it can be waived
without prejudice to the interests of the United Nations.
ARTICLE VII
UNITED NATIONS Laissez-Passer

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Section 24. The United Nations may issue United Nations
laissez- passer to its officials. These laissez-passer shall be
recognized and accepted as valid travel documents by the
authorities of Members, taking into account the provisions of
section 25.
Section 25. Applications for visas (where required) from the
holders of United Nations laissez-passer, when accompanied
by a certificate that they are travelling on the business of
the United Nations, shall be dealt with as speedily as
possible. In addition, such persons shall be granted facilities
for speedy travel.
Section 26. Similar facilities to those specified in section 25
shall be accorded to experts and other persons who, though
not the holders of United Nations laissez-passer, have a
certificate that they are travelling on the business of the
United Nations.
Section 27. The Secretary-General, Assistant Secretaries-
General and Directors travelling on United Nations laissez-
passer on the business of the United Nations shall be granted
the same facilities as are accorded to diplomatic envoys.
______________________
FOURTH SCHEDULE
ARTICLES OF THE CONVENTION ON THE PRIVILEGES
AND IMMUNITIES OF THE SPECIALISED AGENCIES
HAVING THE FORCE OF LAW IN GUYANA

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ARTICLE I
DEFINITIONS AND SCOPE
Section 1. In this Convention—
(i) the words “standard clauses” refer to the
provisions of articles II to VIII:
(ii) the words “specialised agencies” mean—
(a) the International Labour
Organization;
(b) the Food and Agriculture
Organization of the United Nations;
(c) the United Nations Educational,
Scientific and Cultural Organization;
(d) the International Civil Aviation
Organization;
(e) the International Monetary Fund;
(f) the International Bank for
Reconstruction and Development;
(g) the World Health Organization;
(h) the Universal Postal Union;
(i) the International Telecommunication
Union; and
(j) any other agency in relationship with
the United Nations in accordance
with Articles 57 and 63 of the
Charter;
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(iii) the word “Convention” means, in relation
to any particular specialised agency, the
standard clauses as modified by the final
(or revised) text of the annex transmitted
by that agency in accordance with sections
36 and 38;
(iv) for the purposes of article III, the words
“property and assets” shall also include
property and funds administered by a
specialised agency in furtherance of its
constitutional functions;
(v) for the purposes of articles V and VII, the
expression “representatives of members”
shall be deemed to include all
representatives, alternates, advisers,
technical experts and secretaries of
delegations;
(vi) in sections 13, 14, 15 and 25, the expression
“meetings convened by a specialised
agency” means meetings—
(1) of its assembly and of its
executive body (however
designated);
(2) of any commission provided
for in its constitution;
(3) of any international conference
convened by it; and
(4) of any committee of any of
these bodies;
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(vii) the term “executive head” means the
principal executive official of the specialised
agency in question, whether designated
“Director-General” or otherwise.
ARTICLE II
JURIDICAL PERSONALITY
Section 3. The specialised agencies shall possess juridical
personality. They shall have the capacity—
(a) to contract,
(b) to acquire and dispose of immovable
and movable property,
(c) to institute legal proceedings.
ARTICLE III
PROPERTY, FUNDS AND ASSETS
Section 4. The specialized agencies, their property and assets,
wherever located and by whomever held, shall enjoy
immunity from every form of legal process except in so far as
in any particular case they have expressly waived their
immunity; it is understood, however, that no waiver of
immunity shall extend to any measure of execution.
Section 5. The premises of the specialised agencies shall be
inviolable. The property and assets of the specialised
agencies, wherever located and by whomever held, shall
be immune from search, requisition, confiscation,
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expropriation and any other form of interference, whether
by executive, administrative, judicial or legislative action.
Section 6. The archives of the specialised agencies, and in
general all documents belonging to them or held by them,
shall be inviolable, wherever located.
Section 7. Without being restricted by financial controls,
regulations or moratoria of any kind—
(a) the specialised agencies may hold
funds, gold or currency of any kind
and operate accounts in any currency;
(b) the specialised agencies may freely
transfer their funds, gold or currency
from one country to another or within
any country and convert any currency
held by them into any other currency.
Section 9. The specialised agencies, their assets, income and
other property shall be—
(a) exempt from all direct taxes; it is
understood, however, that the
specialised agencies will not claim
exemption from taxes which are, in
fact, no more than charges for public
utility services;
(b) exempt from customs duties and
prohibitions and restrictions on
imports and exports in respect of
articles imported or exported by the
specialised agencies for their official
use; it is understood, however, that
articles imported under such
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exemption will not be sold in the
country into which they were
imported except under conditions
agreed to with the Government of
that country;
(c) exempt from duties and prohibitions
and restrictions on imports and
exports in respect of their
publications.
Section 10. While the specialised agencies will not, as a
general rule, claim exemption from excise duties and from
taxes on the sale of movable and immovable property which
forms part of the price to be paid, nevertheless when the
specialised agencies are making important purchases for
official use of property on which such duties and taxes have
been charged or are chargeable, State parties to this
Convention will, whenever possible, make appropriate
administrative arrangements for the remission or return of
the amount of duty or tax.
ARTICLE IV
FACILITIES IN RESPECT OF COMMUNICATIONS
Section 11. Each specialised agency shall enjoy, in the territory
of each State party to this Convention in respect of that
agency, for its official communications, treatment not less
favourable than that accorded by the Government of such
State to any other Government, including the latter’s
diplomatic mission, in the matter of priorities, rates and taxes
on mails, cables, telegrams, radiograms, telephotos, telephone
and other communications, and press rates for information to
the press and radio.
Section 12. No censorship shall be applied to the official
correspondence and other official communications of the
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specialised agencies.
The specialised agencies shall have the right to use codes and
to dispatch and receive correspondence by courier or in
sealed bags, which shall have the same immunities and
privileges as diplomatic couriers and bags.
Nothing in this section shall be construed to preclude the
adoption of appropriate security precautions to be
determined by agreement between a State party to this
Convention and a specialised agency.
ARTICLE V
REPRESENTATIVES OF MEMBERS
Section 13. Representatives of members at meetings convened
by a specialised agency shall, while exercising their functions
and during their journeys to and from the place of meeting,
enjoy the following privileges and immunities—
(a) immunity from personal arrest or
detention and from seizure of their
personal baggage, and in respect of
words spoken or written and all acts
done by them in their official capacity,
immunity from legal process of every
kind;
(b) inviolability for all papers and
documents;
(c) the right to use codes and to receive
papers or correspondence by courier
or in sealed bags;
(d) exemption in respect of themselves
and their spouses from immigration
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restrictions, aliens’ registration or
national service obligations in the
State which they are visiting or
through which they are passing in the
exercise of their functions;
(e) the same facilities in respect of
currency or exchange restrictions as
are accorded to representatives of
foreign Governments on temporary
official missions;
(f) the same immunities and facilities in
respect of their personal baggage as
are accorded to members of
comparable rank of diplomatic
missions.
Section 14. In order to secure for the representatives of
members of the specialised agencies at meetings convened by
them complete freedom of speech and complete
independence in the discharge of their duties, the immunity
from legal process in respect of words spoken or written and
all acts done by them in discharging their duties shall
continue to be accorded, notwithstanding that the persons
concerned are no longer engaged in the discharge of such
duties.
Section 15. Where the incidence of any form of taxation
depends upon residence, periods during which the
representatives of members of the specialised agencies at
meetings convened by them are present in a member State
for the discharge of their duties shall not be considered as
periods of residence.

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Section 16. Privileges and immunities are accorded to the
representatives of members, not for the personal benefit
of the individuals themselves, but in order to safeguard the
independent exercise of their functions in connection with the
specialised agencies. Consequently, a member not only has
the right but is under a duty to waive the immunity of its
representatives in any case where, in the opinion of the
member, the immunity would impede the course of justice,
and where it can be waived without prejudice to the purpose
for which the immunity is accorded.
Section 17. The provisions of sections 13, 14 and 15 are not
applicable in relation to the authorities of a State of which the
person is a national or of which he is or has been a
representative.
ARTICLE VI
OFFICIALS
Section 18. Each specialised agency will specify the categories
of officials to which the provisions of this article and of article
VIII shall apply. It shall communicate them to the
Governments of all States parties to this Convention in
respect of that agency and to the Secretary-General of the
United Nations. The names of the officials included in these
categories shall from time to time be made known to the
above-mentioned Governments.
Section 19. Officials of the specialised agencies shall—
(a) be immune from legal process in
respect of words spoken or written
and all acts performed by them in
their official capacity;
(b) enjoy the same exemptions from
taxation in respect of the salaries and
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emoluments paid to them by the
specialised agencies and on the same
conditions as are enjoyed by officials
of the United Nations;
(c) be immune, together with their
spouses and relatives dependent
upon them, from immigration
restrictions and alien registration;
(d) be accorded the same privileges in
respect of exchange of facilities as are
accorded to officials of comparable
rank of diplomatic missions;

(e) be given, together with their spouses
and relatives dependent on them, the
same repatriation facilities in time of
international crises as officials of
comparable rank of diplomatic
missions;
(f) have the right to import free of duty
their furniture and effects at the time
of first taking up their posts in the
country in question.
Section 20. The officials of the specialised agencies shall be
exempt from national service obligations, provided that, in
relation to the States of which they are nationals, such
exemption shall be confined to officials of the specialised
agencies whose names have, by reason of their duties, been
placed upon a list compiled by the executive head of the
specialised agency and approved by the State concerned.
Should other officials of specialised agencies be called up for
national service, the State concerned shall, at the request of
the specialised agency concerned, grant such temporary
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deferment in the call-up of such officials as may be necessary
to avoid interruption in the continuation of essential work.
Section 21. In addition to the immunities and privileges
specified in sections 19 and 20, the executive head of each
specialised agency, including any official acting on his behalf
during his absence from duty, shall be accorded in respect of
himself, his spouse and minor children, the privileges and
immunities, exemptions and facilities accorded to diplomatic
envoys, in accordance with international law.
Section 22. Privileges and immunities are granted to officials
in the interests of the specialised agencies only and not for
personal benefit of the individuals themselves. Each
specialised agency shall have the right and the duty to waive
the immunity of any official in any case where, in its opinion,
the immunity would impede the course of justice and can be
waived without prejudice to the interests of the specialised
agency.
Section 23. Each specialised agency shall co-operate at all
times with the appropriate authorities of member States to
facilitate the proper administration of justice, secure the
observance of police regulations and prevent the occurrence
of any abuses in connection with the privileges, immunities
and facilities mentioned in this Article
ARTICLE VII
ABUSES OF PRIVILEGE
Section 25—1. Representatives of members at meetings
convened by specialised agencies, while exercising their
functions and during their journeys to and from the place of
meeting, and officials within the meaning of section 18,
shall not be required by the territorial authorities to leave
the country in which they are performing their functions on
account of any activities by them in their official capacity. In
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the case, however, of abuse of privileges of residence
committed by any such person in activities in that country
outside his official functions, he may be required to leave by
the Government of that country provided that:
2. (I) Representatives of members, or persons who are
entitled to diplomatic immunity under section 21, shall not be
required to leave the country otherwise than in accordance
with the diplomatic procedure applicable to diplomatic
envoys accredited to that country.
(II) In the case of an official to whom section 21 is
not applicable, no order to leave the country shall be issued
other than with the approval of the Foreign Minister of the
country in question, and such approval shall be given only
after consultation with the executive head of the specialised
agency concerned; and, if expulsion proceedings are taken
against an official, the executive head of the specialised
agency shall have the right to appear in such proceedings on
behalf of the person against whom they are instituted.
ARTICLE VIII
Laissez- Passer
Section 26. Officials of the specialised agencies shall be
entitled to use the United Nations laissez-passer in conformity
with administrative arrangements to be concluded between
the Secretary- General of the United Nations and the
competent authorities of the specialised agencies to which
agencies special powers to issue laissez-passer may be
delegated. The Secretary-General of the United Nations shall
notify each State party of this Convention of each
administrative arrangement so concluded.
Section 28. Applications for visas, where required, from
officials of specialised agencies holding United Nations
laissez-passer, when accompanied by a certificate that they are
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travelling on the business of a specialised agency, shall be
dealt with as speedily as possible. In addition, such persons
shall be granted facilities for speedy travel.
Section 29. Similar facilities to those specified in section 28
shall be accorded to experts and other persons who, though
not the holders of United Nations laissez-passer have a
certificate that they are travelling on the business of a
specialised agency.
Section 30. The executive heads, assistant executive heads,
heads of departments and other officials of a rank not lower
than head of department of the specialised agencies,
travelling on United Nations laissez-passer on the business of
the specialised agencies, shall be granted the same facilities
for travel as are accorded to officials of comparable rank in
diplomatic missions.
___________________
FIFTH SCHEDULE
PART I
PRIVILEGES AND IMMUNITIES OF THE
ORGANISATION
1. Immunity from suit and legal process.
2. The like inviolability of official archives and
premises occupied as offices as is accorded in respect of the
official archives and premises of an envoy of a foreign
sovereign Power.
3. The like exemption or relief from taxes and rates,
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other than taxes on the importation of goods, as is accorded to
a foreign sovereign Power.
4. Exemption from taxes on the importation of goods
directly imported by the organisation for its official use in
Guyana or for exportation, or on the importation of any
publications of the organization directly imported by it, such
exemption to be subject to compliance with such conditions as
the Comptroller of Customs and Excise may prescribe for the
protection of the revenue.
5. 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.
6. The right to avail itself, for telegraphic
communications sent by it and containing only matter
intended for publication by the press or for broadcasting
(including communications addressed to or dispatched
from places outside Guyana), of any reduced rates
applicable for the corresponding service in the case of press
telegrams.
PART II
PRIVILEGES AND IMMUNITIES OF REPRESENTATIVES,
MEMBERS OF COMMITTEES, HIGH OFFICERS AND
PERSONS ON MISSIONS
1. The like immunity from suit and legal process as is
accorded to an envoy of a foreign sovereign Power.
2. The like inviolability of residence as is accorded to
such an envoy.
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3. The like exemption of relief from taxes as is
accorded to such an envoy.
PART III
PRIVILEGES AND IMMUNITIES OF OTHER OFFICERS
AND SERVANTS
1. Immunity from suit and legal process in respect of
things done or omitted to be done in the course of the
performance of official duties.
2. Exemption from income tax in respect of
emoluments received as an officer or servant of the
organisation.
PART IV
PRIVILEGES AND IMMUNITIES OF OFFICIAL STAFFS
AND OF HIGH OFFICERS’ FAMILIES
1. Where any person is entitled to any such
privileges and immunities as are mentioned in Part II of
this Schedule as a representative to the organisation or as a
representative on, or member of, any organ of the
organisation or a member of any committee of the
organisation or of an organ thereof, his official staff
accompanying him as such a representative or member shall
also be entitled to those privileges and immunities to the
same extent as the retinue of an envoy of a foreign sovereign
Power.
2. Where any person is entitled to any such
privileges and immunities as are mentioned in Part II of this
Schedule as an officer of the organisation, the members of that
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person’s family forming part of his household shall also be
entitled to those privileges and immunities to the same extent
as the wife or husband or children of an envoy of a foreign
sovereign Power accredited to Guyana are entitled to the
privileges and immunities accorded to the envoy.
____________________

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SUBSIDIARY LEGISLATION
_________________
O. 23/1972 PRIVILEGES AND IMMUNITIES
(PEOPLE’S REPUBLIC
OF CHINA) ORDER
made under section5
Immunities
and privileges
accorded to
Trade Mission.

Immunities
and privileges
accorded to
Director etc.

Immunities
and privileges
accorded to
administrative
staff etc.
1. This Order may be cited as the Privileges and
Immunities (People's Republic of China) Order.
2. The Permanent Trade Mission in Guyana of the
People's Republic of China (herein referred to as "the Trade
Mission") is accorded the like immunities and privileges
accorded under the Act to a Sovereign Power in respect of an
Embassy or High Commission in Guyana.
3. The Director and the Deputy Directors of the Trade
Mission are accorded the like immunities and privileges
accorded under the Act to a diplomatic agent.
4. The members of the administrative and technical
staff and the members of the service staff of the Trade Mission
are accorded the like immunities and privileges accorded
under the Act to the members of the administrative and
technical staff and the members of the service staff of the
Embassy or High Commission of a Sovereign Power in
Guyana.
_________________________
Citation.
L.R.O. 1/2012
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O. 55/1972

Citation.

Immunity or
privileges to
Judges and
Registrar of
the court.

Exemption
from income
tax.
Immunity or
privileges to
agents counsel
etc. before the
Court.
PRIVILEGES AND IMMUNITIES (INTERNATIONAL
COURT OF JUSTICE) ORDER
made under section 11
1. This Order may be cited as the Privileges and
Immunities (International Court of Justice) Order.
2. Except in so far as in any particular case any
immunity or privilege is waived by the Court, the Judges and
Registrar of the International Court of Justice (including an
officer of the Court acting as Registrar), when engaged on the
business of the Court and during any journey to and from the
place where the Court is sitting in connection with such
business, enjoy the like immunity from suit and legal process,
the like inviolability of residence and also unless they are
citizens of Guyana whose usual place of abode is in Guyana
the like exemption or relief from taxes as is accorded to an
envoy of a foreign sovereign Power accredited to the
President.
3. The Judges and Registrar of the International Court
of Justice enjoy exemption from income tax in respect of all
emoluments received by them as Judges or Registrar.
4. Except in so far as in any particular case any
immunity or privilege is waived by the government whom
they represent before the Court, the agents, counsel and
advocates of parties before the Court enjoy—
(a) when engaged on their missions
before the Court and during their
journeys to and from the place where
the Court is sitting in connection with
such missions, immunity from
personal arrest or detention and from
seizure of their personal baggage and
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Non-
application of
clause 4.
inviolability for 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
this capacity;
(c) when engaged on their missions
before the Court and during their
journeys, to and from the place where
the Court is sitting in connection with
such mission, the like exemption or
relief from taxes as is accorded to an
envoy of a foreign sovereign Power
accredited to the President, save that
the relief allowed shall not include
relief from customs or excise duties or
consumption tax except in respect of
goods imported as part of their
personal baggage. They shall not,
where incidence of any form of tax
depends upon residence, be deemed
to be resident in Guyana during any
period when they are present in
Guyana while exercising these
functions or during their journey to
and from the place of meeting. The
provisions of this paragraph do not
apply to citizens of Guyana whose
usual place of abode is in Guyana.
5. The provisions of clause 4 do not apply to any
agents, counsel or advocates acting on behalf of the
Government of Guyana or to any citizen of Guyana acting on
behalf of any other Government.
_______________
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O. 52/1976
Citation.

Interpretation.
c.80:10
[5 of 1987]

The Common-
wealth
Secretariat to
be an
organization
for the purpose
of section 13 of
the Act.
Privileges and
immunities of
the Common-
Wealth
Secretariat.
Part 1 Fifth
PRIVILEGES AND IMMUNITIES (COMMONWEALTH
SECRETARIAT) ORDER
made under section 13
1. This Order may be cited as the Privileges and
Immunities (Commonwealth Secretariat) Order.
2. In this Order—
"the Commonwealth Secretariat" means the Commonwealth
Secretariat established at the Commonwealth Prime
Ministers' Meeting of June 1965;
"duties" includes taxes and related charges other than charges
for storage, cartage and similar services;
"income tax" includes surtax imposed by the National
Development Surtax Act [Repealed];
"senior officer" in relation to the Commonwealth Secretariat,
means an officer of the Secretariat, recognised by the
Minister as being a senior officer of the Secretariat.
3. The Commonwealth Secretariat is hereby declared
to be an organisation of which Guyana and other sovereign
Powers are members and is hereby specified as an
organisation to which section 13 of the Act applies.
4. (1) The Commonwealth Secretariat shall have the
legal capacities of a body corporate.
(2) The Commonwealth Secretariat shall have the
privileges and immunities set out in Part I of the Fifth
Privileges and Immunities (Commonwealth Secretariat) Order
Schedule.
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Privileges and
immunities of
the staff of the
Common-
wealth
Secretariat.
Part II Fifth
Schedule.
c. 36:01
Schedule to the Act except that the Commonwealth
Secretariat shall not have immunity from suit and schedule
legal process—
(a) in respect of a civil action for damages
alleged to have been caused by a
motor vehicle belonging to, or
operated on behalf of, the Secretariat
or in respect of a motor traffic offence
involving such a vehicle; and
(b) in respect of arbitration proceedings
relating to any written contract
entered into by or on behalf of the
Secretariat.
(2) The provisions of paragraph (2) shall not be
construed as authorising the enforcement of any judgment or
arbitration award by execution on the premises or official
archives of the Secretariat.

5. (1) Every senior officer of the Commonwealth
Secretariat who is a citizen of a Commonwealth country to
which article 27 of the Constitution applies, and any member
of his family forming part of household, other than a member
who is a citizen of Guyana, shall, if permanently resident
outside Guyana, have the privileges and immunities set out in
Part II of the Fifth Schedule to the Act, except exemption from
the payment of income tax.
(2) In accordance with paragraph (1), service as a
senior officer falling within that paragraph shall not be
treated as employment in respect of which contributions are
required to be paid, or as insurable employment, under the
National Insurance and Social Security Act but the foregoing
provision shall not be construed as rendering any person
liable to any contribution which he would not be required to
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Waiver of
privileges
immunities.
pay if service as aforesaid were not so treated.
(3) Every officer or other employee of the
Commonwealth Secretariat, not being an officer to whom
paragraph (1) applies, shall have—
(a) immunity from suit and legal process
in respect of his acts or omissions in
the course of the performance of
official duties except immunity from
suit and legal process in respect of a
civil action for damage alleged to
have been caused by a motor vehicle
belonging to or driven by him or in
respect of a motor traffic offence
involving such a vehicle;
(b) the like inviolability for all his official
papers and documents as is accorded
by law to the diplomatic agent of a
sending State.
(4) Every officer or other employee of the
Commonwealth Secretariat, not being an officer to whom
paragraph (1) applies, shall, if he is a citizen of a
Commonwealth country to which article 27 of the
Constitution applies and ordinarily resident outside Guyana
immediately before first taking up his post with the
Secretariat, be exempt from duties on the importation, on the
occasion of his first taking up that post, of personal and
household effects, including private motor vehicles, for the
use of himself and any members of his family forming part of
his household.

6. The privileges and immunities conferred by virtue
of this Order the Commonwealth Secretariat, its officers and
other employees and members of their families may be
LAWS OF GUYANA
Privileges and Immunities (Diplomatic,
Consular and International Organisations)
Cap. 18:01 87
[Subsidiary] Privileges and Immunities (International Court of Justice) Order

L.R.O. 1/2012

O. 59/1982.

Citation.
Interpretation.

The
Community
and the
Common
Market to be
Organisations
for the
purposes of
section 13 of
the Act.
The
Community
and the
waived by the Secretary-General or any person for the time
being performing his functions.
PRIVILEGES AND IMMUNITIES (THE
CARIBBEAN COMMUNITY AND THE
CARIBBEAN COMMON MARKET) ORDER
made under section 13
1. This Order may be cited as the Privileges and
Immunities (the Caribbean Community and the Caribbean
Common Market) Order 1982.
2. In this Order –
“the Common Market” means the Caribbean Common
Market established by the Annex to the Treaty;
“the Community” means the Caribbean Community
Established by the Treaty, but does not include Associate
Institutions of the Community;
“Treaty” means the Treaty done at Chaguaramas on 4th July
1973 establishing the Community and Common Market.
3. The Community and the Common Market are
hereby declared to be organizations of which Guyana and
other sovereign Powers are members and are hereby specified
as organizations to which section 13 of the Act applies.
4. The Community and the Common Market shall
have the legal capacities of a body corporate.
Privile I mun ties (The Caribbean C mmunity and the Caribbean Common Market) Order
_______________
LAWS OF GUYANA
88 Cap. 18:01 Privileges and Immunities (Diplomatic
Consular and International Organisations)
[Subsidiary]
L.R.O. 1/2012
Common
Market to have
legal capacities
of a body
corporate.
Gaz. Nt.
5/8/1972
______________________
PRIVILEGES AND IMMUNITIES (DIPLOMATIC,
CONSULAR, AND INTERNATIONAL
ORGANISATIONS) NOTICE
issued under section 14
It is hereby directed that—
(a) the representatives of the
Governments (other than the
Government of Guyana) represented
in Guyana at the Conference of
Foreign Ministers of Non-Aligned
Countries commencing on 8th
August, 1972, and
(b) the members of the official staffs of
those representatives,
shall, while they are in Guyana for the purposes of the
Conference, be treated as if they were heads of missions (as
defined by section 14(3) of the Act) and members of the
official staffs of heads of missions, respectively, for the
purpose of any enactment or custom relating to diplomatic
immunities and privileges.
____________________
Privileges And Immunities (Diplomatic, Consular, And International
Organisations ) Notice
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