Nuclear Safeguards Act

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Nuclear Safeguards Act
CHAPTER 6.05
NUCLEAR SAFEGUARDS ACT
ARRANGEMENT OF SECTIONS

SECTION
1. Short title
2. Interpretation
3. The powers of the Agency
4. Immunities and privileges of the Agency, its officers and their families and of the Agency’s experts
5. Offences
6. Regulations for giving effect to certain provisions of the Agreement
7. Offences by bodies corporate
8. Act to bind the Crown
SCHEDULE: Immunity and Privileges
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CHAPTER 6.05
NUCLEAR SAFEGUARDS ACT
(Acts 6 of 1994 and 9 of 2011)
AN ACT TO MAKE PROVISION FOR GIVING EFFECT TO AN INTERNATIONAL
AGREEMENT FOR THE APPLICATION OF SAFEGUARDS IN MONTSERRAT IN
CONNECTION WITH THE TREATY FOR THE PROHIBITION OF NUCLEAR
WEAPONS IN LATIN AMERICA.
Commencement
[1 March 1995]
Short title
1. This Act may be cited as the Nuclear Safeguards Act.
Interpretation
2. In this Act—
“Agency” means the International Atomic Energy Agency and for the purposes of this definition “The International Atomic Energy Agency” has the same meaning as it has under the Statute of the International Atomic Energy Agency;

“Agency inspector” means any official of the Agency designated pursuant to Article 83 of the Agreement;
“Agreement” (of which Protocols 1 and 2 thereto form an integral part) means the Agreement between the United Kingdom of Great Britain and Northern Ireland, the European Atomic Energy Community and the Agency for the Application of Safeguards in connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and includes any further Protocol to the Agreement entered into in accordance with, and contemplated by, paragraph 1 of Protocol 2 to the Agreement;
“facility” has the same meaning as it has under Article 96(2)I of the Agreement;
“material balance area” has the same meaning as it has under Article 96(2)M of the Agreement;
“1961 Convention Articles” means the Articles (being certain articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 of the United Kingdom.
The powers of the Agency
3. (1) The powers of the Agency and of any Agency inspector under the subsequent provisions of this section shall be exercisable only in the cases specified in, and subject to the provisions of the Agreement and, in particular—
(a) shall be exercisable only in accordance with Articles 5, 9(c) and 85 of and Protocol 1 to the Agreement; and
(b) where Article 81 of the Agreement applies, shall not be exercisable unless any advance notice required by that Article has been given.
(2) For the purpose of—
(a) making any inspection permitted by Articles 68 to 82 of the Agreement; or
(b) verifying design information as mentioned in Article 46 of the Agreement,
an Agency inspector may enter any facility or material balance area or part thereof and there make any inspection or do any other thing which may reasonably be required for that purpose.
Immunities and privileges of the Agency, its officers and their families
and of the Agency’s experts
4. The Schedule to this Act shall have effect so as to confer, to the extent and subject to the terms thereof, immunities and privileges upon the Agency, its officers and their families and upon experts of the Agency.

Offences
5. (1) A person commits an offence who—
(a) intentionally obstructs an Agency inspector exercising a power conferred by section 3(2);
(b) without reasonable excuse refuses or fails to provide any information or to permit any inspection reasonably required by an Agency inspector in the exercise of such a power; or
(c) in giving any information reasonably required by an Agency inspector in the exercise of such a power, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular.
(2) A person who commits an offence under subsection (1) is liable on indictment to a fine of $20,000.
Regulations for giving effect to certain provisions of the Agreement
6. (1) The Governor acting on the advice of Cabinet may by regulations make such provision as appears to him to be necessary—
(a) for taking any action required in Montserrat under Article 17 of the Agreement or under any further Protocol to the Agreement coming into existence pursuant to paragraph I of Protocol 2 to the Agreement; or
(b) for giving effect to any arrangements made under Article 74 (d) of the Agreement, and any such provision may impose limitations on the scope or exercise of any power conferred by section 3(2).
(Amended by Act 9 of 2011)
(2) Regulations made under this section may provide that any person contravening or failing to comply with any provision of the regulations shall be liable on indictment to a fine of $10,000.
Offences by bodies corporate
7. (1) Where an offence under section 5 or under regulations made under section 6 which has been committed by a body corporate is proved to have been committed with the consent of or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a

member in connection with his functions of management as if he were a director of the body corporate.
Act to bind the Crown
8. This Act shall bind the Crown. ___________
SCHEDULE
(Section 4)
IMMUNITIES AND PRIVILEGES
PART 1
IMMUNITIES AND PRIVILEGES OF THE AGENCY
1. The Agency is an organisation of which the United Kingdom and foreign
sovereign Powers are members.
2. The Agency shall have the legal capacities of a body corporate.
3. Except in so far as in any particular case it has expressly waived its immunity,
the Agency shall be immune from suit and legal process and such immunity shall be
deemed to extend to any measure of execution.
4. The Agency shall have the like inviolability of official archives and premises
as in accordance with the 1961 Convention Article is accorded in respect of the
official archives and premises of a diplomatic mission.
5. The Agency shall have the like exemption or relief from taxes, other than
customs duties and taxes on the importation of goods, as is accorded to a foreign
sovereign Power.
6. The Agency shall have the like relief from rates as in accordance with Article
23 of the 1961 Convention Articles is accorded in respect of the premises of the
diplomatic mission.
7. The Agency shall have exemption from customs duties and taxes on the
importation of goods imported by the Agency for its official use in Montserrat and on
the importation of publications of the Agency imported by it, such exemption to be
subject to compliance with such conditions as the Governor acting on the advice of
Cabinet may prescribe for the protection of the revenues of Montserrat. (Amended by
Act 9 of 2011)
8. The Agency shall have exemption from prohibitions and restrictions on
importation or exportation in the case of goods imported or exported by the Agency
for its official use and in the case of any publications of the Agency imported or
exported by it.
9. The Agency shall have relief, under arrangements made by the Governor
acting on the advice of Cabinet by way or refund of customs duty paid on any
hydrocarbon oil (which expression has the same meaning as it has under the
Hydrocarbon Oil Duties Act 1979 of the United Kingdom) which is brought in

Montserrat and used for the official purposes of the Agency, such relief to be subject
to compliance with such conditions as may be imposed in accordance with the
arrangements. (Amended by Act 9 of 2011)
10. The Agency shall have relief, under arrangements made by the Governor
acting on the advice of Cabinet by way of refund of customs duties paid on any
vehicles or on the supply of any goods which are used for the official purposes of the
Agency, such relief to be subject to compliance with such conditions as may be
imposed in accordance with the arrangements. (Amended by Act 9 of 2011)
PART 2
IMMUNITIES AND PRIVILEGES OF OFFICERS OF THE AGENCY
High Officers
11. (1) Except in so far as in any particular case any privilege or immunity is
waived by the Agency, and subject to the provisions of paragraph (2) of this Article,
the Director General of the Agency, including any officer acting on his behalf during
his absence from duty, and any Deputy Director General or officer of equivalent rank
shall enjoy:
(a) the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than
customs duties and taxes on the importation of goods, and rates as are
accorded to or in respect of a diplomatic agent;
(b) the like exemption from customs duties and taxes on the importation of articles imported for his personal use or the use of members of his
family forming part of his household, including articles intended for
his establishment as in accordance with paragraph 1 of Article 36 of
the 1961 Convention Articles is accorded to a diplomatic agent;
(c) the like exemption and privileges in respect of his personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention
Articles are accorded to a diplomatic agent;
(d) relief, under arrangements made by the Governor acting on the advice of Cabinet by way of refund of customs duty paid on any hydrocarbon
oil (within the meaning of that expression under the Hydrocarbon Oil
Duties Act 1979 of the United Kingdom) in Montserrat by him on his
behalf, such relief to the subject to compliance with such conditions
as may be imposed in accordance with the arrangements; and
(Amended by Act 9 of 2011)
(e) exemption whereby for the purposes of the enactments relating to social security (presently those relating to old age pensions and
medical services), no person shall be rendered liable to pay any contribution, premium or levy the requirement (but for those
exemptions) to pay which is referable only to employment by the
Agency.

(2) This Agency shall not apply to any person who is a British citizen, a
British Overseas Territories citizen, a British National (overseas), a British Overseas
citizen or a permanent resident of Montserrat. (Amended by Act 9 of 2011)
All Officers
12. Except in so far as in any particular case any privilege or immunity is waived
by the Agency, Officers of the Agency, (other than those who are locally recruited and
assigned to hourly rates of pay) shall enjoy:
(a) immunity from suit and legal process in respect of things done or omitted to be done by them in their official capacity;
(b) exemption from income tax in respect of emoluments received by
them as officers of the Agency; and
(c) the like exemption from customs duties and taxes on the importation of articles which—
(i) at or about the time when they first enter Montserrat to take up their posts as officers of the Agency are imported for their
personal use or that of members of their families forming part of
their households, including articles intended for their
establishment, and
(ii) are articles which were in their ownership or possession or that of
such members of their families or which they or such members of
their families were under contract to purchase, immediately
before they so entered Montserrat
as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is
accorded to a diplomatic agent.

PART 3
IMMUNITIES AND PRIVILEGES OF EXPERTS OF THE AGENCY
13. Except in so far as in any particular case any immunity or privilege is waived
by the Agency, experts (other than officers of the Agency) serving on committees of
the Agency or performing missions for the Agency, including missions as inspectors
under Articles XII of the Statute of the Agency or as project examiners under Articles
XI thereof shall enjoy:
(a) immunity from suit and legal process in respect of things done or omitted to be done by them in the performance of their official
functions;
(b) while exercising their functions and during their journeys in connection with service on such committees or missions, the like
immunity from personal arrest or detention and from seizure of their personal baggage and the like inviolability for all papers and
documents as is accorded to a diplomatic agent; and

(c) while exercising their functions and during their journeys in connection with service on such committees or missions, the like
exemptions and privileges in respect of their personal baggage as in
accordance with Article 36 of the 1961 Convention Articles are
accorded to a diplomatic agent.
PART 4
IMMUNITIES AND PRIVILEGES OF FAMILIES OR OFFICERS
14. Persons who are spouses or minor children of an officer of the Agency who
form part of his household in Montserrat shall be entitled to the immunities and
privileges set out in Part II of this Schedule to the same extent as the officer is entitled
to them.
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