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International Organisations (Immunities and Privileges) (International Atomic Energy Agency) Order

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International Organisations (Immunities and Privileges) Act
International Organisations (Immunities and Privileges) (International Atomic Energy Agency) Order
O 12
REVISED EDITION 1990
(25th March 1992)
[8th June 1973]
1.  This Order may be cited as the International Organisations (Immunities and Privileges) (International Atomic Energy Agency) Order.
A.    THE ORGANISATION
2.  The International Atomic Energy Agency is an organisation of which the Government of the Republic of Singapore and the governments of foreign sovereign Powers are members.
3.  The International Atomic Energy Agency shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.
4.  The International Atomic Energy Agency shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign Power accredited to the Republic of Singapore.
5.  The International Atomic Energy Agency shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign Power.
6.  The International Atomic Energy Agency shall have exemption from taxes on the importation of goods directly imported by the Agency for its official use in the Republic of Singapore or for exportation, or on the importation of any of the publications of the Agency directly imported by it, such exemption to be subject to compliance with such conditions as the Director-General of Customs and Excise may prescribe for the protection of the revenue.
7.  The International Atomic Energy Agency shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Agency for its official use and in the case of any publications of the Agency directly imported or exported by it.
8.  The International Atomic Energy Agency shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside the Republic of Singapore) of any reduced rates applicable for the corresponding service in the case of press telegrams.
B.    REPRESENTATIVES OF MEMBERS AND OF THE BOARD OF GOVERNORS OF THE INTERNATIONAL ATOMIC ENERGY AGENCY
9.
—(1)  Except in so far as in any particular case any privilege or immunity is waived, in the case of representatives of member governments, by the member governments whom they represent, and in the case of persons designated to serve on the Board of Governors of the International Atomic Energy Agency and their alternates and advisers, by the Board of Governors, representatives of member governments and persons designated to serve on the Board of Governors of the Agency and their alternates and advisers —
(a)
shall enjoy, while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents;
(b)
shall enjoy immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives, such immunity to continue notwithstanding that the person concerned is no longer engaged in the discharge of such functions; and
(c)
shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in the Republic of Singapore during any period when they are present in the Republic of Singapore whilst exercising their functions or during their journey to and from the place of meeting.
(2)  For the purposes of the application of this Order, the expression “representatives of member governments” shall be deemed to include all Governors, representatives, alternates, advisers, technical experts and secretaries of delegation.
(3)  The provisions of the paragraphs (1) and (2) shall not confer any immunity or privilege upon any person as the representative of the Government of the Republic of Singapore or as a member of the staff of such a representative or any person who is a citizen of Singapore.
C.    HIGH OFFICIALS
10.  Except in so far as in any particular case any privilege or immunity is waived by the International Atomic Energy Agency, officers of the Agency holding the offices of Director-General or Deputy Director-General shall be accorded in respect of themselves, their spouses and children under the age of 21 years, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than income tax, as is accorded to an envoy of a foreign sovereign Power accredited to the Republic of Singapore, his spouse and children, and they shall also enjoy exemption from income tax in respect of emoluments received by them as officers of the International Atomic Energy Agency.
D.    PERSONS SERVING ON COMMITTEES OF OR EMPLOYED ON MISSIONS ON BEHALF OF THE AGENCY
11.  Except in so far as in any particular case any privilege or immunity is waived by the International Atomic Energy Agency, persons (other than officials of the Agency) serving on Committees of, or employed on missions on behalf of the Agency shall enjoy —
(a)
while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Agency; and
(b)
immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the person concerned is no longer employed on missions on behalf of the Agency.
E.    OTHER OFFICIALS OF THE AGENCY
12.  Except in so far as in any particular case any privilege or immunity is waived by the Agency, all officials of the International Atomic Energy Agency, other than those referred to in Article 10, shall enjoy —
(a)
immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties; and
(b)
exemption from income tax in respect of emoluments received by them as officers and employees of the International Atomic Energy Agency, provided the officials are not citizens of Singapore.
F.    GENERAL
13.  The names of the persons to whom the provisions of Articles 9, 10, 11 and 12 apply shall be set forth in a list compiled and published from time to time by the President under section 2(3) of the Act, and such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office or employment in question, and the date when he ceased to hold that office or employment.

LEGISLATIVE HISTORY

International Organisations (Immunities and Privileges) (International Atomic Energy Agency) Order
(CHAPTER 145, O 12)
This Legislative History is provided for the convenience of users of the International Organisations (Immunities and Privileges) (International Atomic Energy Agency) Order. It is not part of this Order.
1.  
G. N. No. S 191/1973—International Organisations (Immunities and Privileges) (International Atomic Energy Agency) Order 1973
Date of commencement
:
Date not available
2.  
1973 Revised Edition—International Organisations (Immunities and Privileges) (International Atomic Energy Agency) Order
Date of operation
:
25 March 1992
3.  
G. N. No. S 538/2007—International Organisations (Immunities and Privileges) (International Atomic Energy Agency) (Amendment) Order 2007
Date of commencement
:
8 October 2007