2. In this Order, unless the context otherwise requires —
“asset” includes the assets of the Sponsorship Trust Fund referred to in Annex I of the Convention and other assets administered by MIGA in furtherance of its objective;
“Convention” means the Convention Establishing the Multilateral Investment Guarantee Agency;
“member” means a State which is a party to the Convention;
“MIGA” means the Multilateral Investment Guarantee Agency established under the Convention.
PART I
THE ORGANISATION
3. MIGA is an organisation of the nature indicated in
section 2(1) of the Act and shall have the legal capacity of a body corporate.
Immunity from suit and legal process
4.
—(1) MIGA shall have immunity from any suit and legal process which relates to any personnel matter.
(2) MIGA shall have immunity from any suit or legal process brought by —
(a)
a member of MIGA, an agency of such member, or a person acting for or deriving any claim from such member; or
(b)
a State which has ceased to be a member of MIGA or an agency of such State.
(3) The property and assets of MIGA shall, wherever located and by whomsoever held, be immune from any legal process relating to the seizure, attachment or execution of such property or assets for the purpose of satisfying any judgment or award against MIGA, except in the case of a final judgment or award.
Inviolability of official archives and premises
5.
—(1) MIGA shall have 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 accredited to the Republic of Singapore.
(2) Notwithstanding
sub-paragraph (1), MIGA shall not permit its premises to be used as a refuge for avoiding arrest under the laws of Singapore or in any other manner incompatible with its purposes.
Exemption and relief from certain taxes and rates
6. MIGA shall have the like exemption or relief from taxes and rates, other than import, export or excise duties, on any article as is accorded to a foreign sovereign Power.
Exemption from tax on importation of goods
7. MIGA shall have exemption from tax on the importation of goods directly imported by it for its official use in Singapore or for exportation, or on the importation of any of the publications of MIGA 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 revenue.
Exemption from prohibitions and restrictions on importation and exportation of goods
8. MIGA shall have exemption from prohibitions and restrictions on the importation and exportation in the case of goods directly imported or exported by it for its official use, and in the case of any publications of MIGA directly imported or exported by it.
PART II
HIGH OFFICIALS OF MIGA
Immunity and exemptions for high officials of MIGA
9.
—(1) The Governors, Directors, Alternates and President of MIGA shall enjoy the like immunity from suit and legal process as is accorded to an envoy of a foreign sovereign Power accredited to the Republic of Singapore.
(2) Subject to
sub-paragraph (4), the Chairman of the Board, the Directors and their Alternates, and the President of MIGA shall enjoy exemption from income tax in respect of any salary, expense allowance or other emolument received by them as such Chairman, Director, Alternate or President.
(3) Subject to
sub-paragraph (4), the Governors and their Alternates of MIGA shall enjoy exemption from income tax in respect of any expense allowance received by them as such Governor or Alternate.
(4)
Sub-paragraphs (2) and
(3) shall not apply to any Governor, Director, Alternate, Chairman of the Board or President of MIGA who is a citizen or permanent resident of Singapore.
PART III
OTHER OFFICIALS AND EMPLOYEES OF MIGA
Immunity and exemptions for staff of MIGA
10.
—(1) Subject to
sub-paragraph (2), the staff of MIGA 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 any salary, expense allowance or other emolument received by them as staff of MIGA.
(2)
Sub-paragraph (1)(
b) shall not apply to any staff who is a citizen or permanent resident of Singapore.
