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International Organisations (Immunities and Privileges) (United Nations Educational, Scientific and Cultural Organisation) Order

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International Organisations (Immunities and Privileges) Act
(Chapter 145, Section 2)
International Organisations (Immunities and Privileges) (United Nations Educational, Scientific and Cultural Organisation) Order1
1  Note: The Government of the Republic of Singapore withdrew from the United Nations Educational, Scientific and Cultural Organisation on 31st December 1985.
O 2
REVISED EDITION 1990
(25th March 1992)
[23rd September 1949]
1.  This Order may be cited as the International Organisations (Immunities and Privileges) (United Nations Educational, Scientific and Cultural Organisation) Order.
A.    THE ORGANISATION
2.  The United Nations Educational, Scientific and Cultural Organisation (referred to in this Order as the Organisation) is an organisation of which the Government of the Republic of Singapore and the governments of foreign sovereign Powers are members.
3.  The Organisation 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 Organisation 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 Organisation 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 Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Singapore or for exportation, or on the importation of any of the publications of the Organisation 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 Organisation shall have exemption from prohibitions and restrictions on the 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.
8.  The Organisation 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 Singapore) of any reduced rates applicable for the corresponding service in the case of press telegrams.
B.    REPRESENTATIVES OF MEMBERS: THE PRESIDENT OF THE CONFERENCE: MEMBERS OF THE EXECUTIVE BOARD OF THE ORGANISATION
9.
—(1)  Except in so far as any privilege or immunity is waived, in the case of representatives of member governments, by the governments whom they represent, in the case of the President of the Conference of the Organisation, by the Organisation, and in the case of members of the Executive Board of the Organisation, by the Executive Board of the Organisation, representatives of member governments, the President of the Conference of the Organisation, and members of the Executive Board of the Organisation —
(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 for 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; and
(c)
shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in Singapore during any period when they are present in Singapore whilst exercising their functions or during their journey to and from the place of meeting.
[S 533/2007 wef 08/10/2007]
(2)  For the purpose of the application of this Order, the expression “representatives of member governments” shall be deemed to include their official staffs accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.
(3)  The provisions of paragraphs (1) and (2) shall not confer any immunity or privilege upon any person as the representative of the Government 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 Organisation, the Director-General and the 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 as is accorded to an envoy of a foreign sovereign Power accredited to the Republic of Singapore, his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.
D.    PERSONS EMPLOYED ON MISSIONS ON BEHALF OF THE ORGANISATION
11.  Except in so far as in any particular case any privilege or immunity is waived by the Organisation, persons employed on missions on behalf of the Organisation 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 Organisation; 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 persons concerned are no longer employed on missions on behalf of the Organisation.
E.    OTHER OFFICIALS OF THE ORGANISATION
12.  Except in so far as in any particular case any privilege or immunity is waived by the Organisation, all officials of the Organisation (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 or employees of the Organisation.
F.    GENERAL
13.  The names of the persons to whom the provisions of Articles 9 and 10 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) (United Nations Educational, Scientific and Cultural Organisation) Order
(CHAPTER 145, O 2)
This Legislative History is provided for the convenience of users of the International Organisations (Immunities and Privileges) (United Nations Educational, Scientific and Cultural Organisation) Order. It is not part of this Order.
1.  
G. N. No. S 428/1949—International Organisations (Immunities and Privileges) (United Nations Educational, Scientific and Cultural Organisation) Order 1949
Date of commencement
:
Date not available
2.  
1949 Revised Edition—International Organisations (Immunities and Privileges) (United Nations Educational, Scientific and Cultural Organisation) Order
Date of operation
:
25 March 1992
3.  
G. N. No. S 533/2007—International Organisations (Immunities and Privileges) (United Nations Educational, Scientific and Cultural Organisation) (Amendment) Order 2007
Date of commencement
:
8 October 2007