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Diplomatic Privileges (International Labour Organization) Order


Published: 1950-04-22

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INTERNATIONAL ORGANIZATIONS (IMMUNITIES AND PRIVILEGES)

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as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, save that the relief allowed shall not include relief from customs or excise duties or emergency or war 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 The Bahamas during any period when they are present in The Bahamas while exercising these functions or during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to British subjects whose usual place of abode is in The Bahamas.

The provisions of this Article do not apply to any agents, counsel or advocates acting on behalf of Her Majesty’s Government in the United Kingdom or to any British subject acting on behalf of any other Government except a Government of Her Majesty other than Her majesty’s Government in the United Kingdom.

4. The names of the persons to whom the provisions of Articles 2 and 3 of this Order apply shall be set forth in a list compiled and published from time to time by the Minister under section 4 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 of employment in question, and the date when he ceased to hold that office or employment.

DIPLOMATIC PRIVILEGES (INTERNATIONAL LABOUR ORGANISATION) ORDER

(SECTION 3(2)) [Commencement 22nd April, 1950]

A. The Organisation 1. This Order may be cited as the Diplomatic

Privileges (International Labour Organisation) Order. 2. The International Labour Organisation (herein-

after referred to as “the Organisation”) is an Organisation of which Her Majesty’s Government in the United

List of names. G.N. 224/1963.

G.N. 55/1950

Short title.

The Organisation.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Kingdom 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 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 Her Majesty.

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 The Bahamas 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 Comptroller of Customs may prescribe for the protection of the revenue.

7. The Organisation shall have 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.

8. The Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matters for publication by the press or for broadcasting (including communications addressed to or despatched from places outside The Bahamas), of any reduced rates applicable for the corresponding service in the case of press telegrams.

B. Representatives of Members 9. (1) Except in so far as any privilege or immunity

is waived, in the case of representatives of member Govern- ments, by the Governments whom they represent, and in

Legal capacity.

Official archives and premises.

Relief from taxes.

Exemption from taxes.

Importation of goods.

Reduced rates on telegrams.

Immunities and privileges of representatives of members.

INTERNATIONAL ORGANIZATIONS (IMMUNITIES AND PRIVILEGES)

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the case of members and deputy members of the Governing Body of the International Labour Office and their substitutes, by the Governing Body, representatives of member Governments and the employers’ and workers’ members and deputy members of the Governing Body of the International Labour Office and their substitutes 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 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 their capacity as representatives or as members of the Governing Body of the International Labour Office, as the case may be;

(c) while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in The Bahamas during any period when they are present in The Bahamas whilst exercising their functions or during their journey to and from the place of meeting. The provisions of this sub- paragraph shall not apply to British subjects whose usual place of abode is in The Bahamas.

(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 the preceding sub-paragraphs of this Article shall not confer any Immunity or privilege upon any person as the representative of the Government of The Bahamas or a member of the staff of such a

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

representative or any person who is a British subject and who is not the representative of a Government of Her Majesty other than the Government of The Bahamas or a member of the staff of and accompanying any such representative.

C. High Officials of the Organisation 10. Except in so far as in any particular case any

privilege or immunity is waived by the Organisation, officers of the Organisation holding the offices of Director- General, Deputy Director-General and Assistant Director- General shall be accorded in respect of themselves, their spouses and children under the age of twenty-one, 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 Her Majesty, his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisa- tion.

D. Persons Employed on Missions on behalf of the Organisation

11. Except in so far as in any particular case any privilege is waived by the Organisation, persons (other than officials of the Organisation) serving on Committees of, or 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 Organisa- tion;

(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 organisa- tion.

High officials.

Immunities and privileges of persons employed on missions.

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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 hereof) shall enjoy 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.

F. General 13. The names of the persons to whom the

provisions of Articles 9, 10, 11 and 12 of this Order apply shall be set forth in a list compiled and published from time to time by the Minister under section 4 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.

DIPLOMATIC PRIVILEGES (FOOD AND AGRICULTURE ORGANISATION) ORDER

(SECTION (2)) [Commencement 22nd April, 1950]

A. The Organisation 1. This Order may be cited as the Diplomatic

Privileges (Food and Agriculture Organisation) Order. 2. The Food and Agriculture Organisation (herein-

after referred to as “the Organisation”) is an Organisation of which Her Majesty’s Government in the United Kingdom 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.

Other officials.

List of names.

G.N. 56/1950

Short title.

The Organisation.

Legal capacity.