INTERNATIONAL ORGANIZATIONS (IMMUNITIES AND PRIVILEGES)

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DIPLOMATIC PRIVILEGES (INTERNATIONAL REFUGEE ORGANISATION) ORDER

(SECTION 3(2)) [Commencement 29th April, 1950]

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

Privileges ( International Refugee Organisation) Order. 2. The International Refugee 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.

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 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 exporta- tion in the case of goods directly imported or exported by

G.N. 59/1950

Short title.

The Organisation.

Legal capacity.

Official archives and premises.

Relief from taxes.

Exemption from taxes.

Importation of goods.

CH.14 – 34] INTERNATIONAL ORGANIZATIONS (IMMUNITIES AND PRIVILEGES)

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

the Organisation for its official use and in the case of any publication 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 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 in any particular case any

privilege or immunity is waived by the member Govern- ments whom they represent, representatives of member Governments to the Council of the Organisation shall enjoy —

(a) white 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;

(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 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 Article shall not apply to British subjects whose usual place of abode is in The Bahamas.

Reduced rates on telegrams.

Immunities and privileges of representatives of members.

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(2) For the purpose of the application of this Order, the expression “representatives of member Governments” shall be deemed to include their official staffs, accompany- ing 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 as a member of the staff of such a 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, the Director-General or the Deputy Director-General of the Organisation 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 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 Organisa- tion 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;

High officials.

Immunities and privileges of persons employed on missions.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(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, officials of the Organisation (other than those referred to in Article 10 hereof or officials engaged locally and remunerated by payment calculated on the number of hours worked) 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 and 10 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 (WORLD HEALTH ORGANISATION) ORDER

(SECTION 3(2)) [Commencement 29th April, 1950]

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

Privileges (World Health Organisation) Order. 2. The World Health Organisation (hereinafter re-

ferred 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.

Other officials.

List of names.

G.N. 60/1950

Short title.

The Organisation.