Advanced Search

International Organisations (Immunities and Privileges of the International Organization for Migration) Order


Published: 2009-02-13

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

CH.14 – 52] INTERNATIONAL ORGANIZATIONS (IMMUNITIES AND PRIVILEGES)

STATUTE LAW OF THE BAHAMAS LRO 1/2010

D. Other Officials of the United Nations 11. Except in so far as in any particular case any

privilege or immunity is waived by the United Nations, officials of the United Nations of any category specified by it shall enjoy —

(a) immunity from suit and legal process in respect of words spoken or written and things done or omitted to be done by them in the course of the performance of their official duties;

(b) exemption from income tax in respect of emoluments received by them as officers or servants of the United Nations.

E. General 12. 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.

INTERNATIONAL ORGANISATIONS (IMMUNITIES AND PRIVILEGES OF THE INTERNATIONAL ORGANIZATION FOR MIGRATION) ORDER

(SECTION 3(2)) [Commencement 13th February, 2009]

1. This Order may be cited The International Organizations (Immunities and Privileges of the International Organization for Migration) Order.

2. The International Organization for Migration (in this Order referred to as “the Organization”) is an Organization of which the Government of The Bahamas and the governments of foreign sovereign Powers are members.

3. (1) The Organization 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.

(2) No waiver of immunity shall be deemed to extend to any measure of execution.

Other officials.

List of names.

S.I. 29/2009

The Organization.

Legal Capacity.

INTERNATIONAL ORGANIZATIONS (IMMUNITIES AND PRIVILEGES)

[CH.14 – 53

LRO 1/2010 STATUTE LAW OF THE BAHAMAS

4. The Organization 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 Her Majesty.

5. The Organization 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 Organization shall have exemption from taxes on the importation of goods directly imported by the Organization for its official use in The Bahamas or for exportation, or on the importation of any publications of the Organization 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 Organization shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Organization for its official use and in the case of any publications of the Organization directly imported or exported by it.

8. The Organization 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 dispatched from places outside The Bahamas), of any reduced rates applicable for the corresponding service in the case of press telegrams.

9. (1) Representatives of (member States) of the Organization shall in the exercise of their functions and during their journeys to and from the place of meeting enjoy —

(a) the like immunity from suit and legal process; (b) the like inviolability of residence; and (c) the like exemption or relief from taxes, as is

accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, unless in any particular case the privilege or immunity is waived by the Government of the respective representatives.

Official archives and premises.

Relief from taxes.

Exemption from taxes.

Importation of goods.

Reduced rates on telegrams.

Immunities and privileges of representatives of members.

CH.14 – 54] INTERNATIONAL ORGANIZATIONS (IMMUNITIES AND PRIVILEGES)

STATUTE LAW OF THE BAHAMAS LRO 1/2010

(2) For the purposes of the application of this Order, the expression “representatives of member States” shall be deemed to include, in addition to the representatives, the following members of their official staffs accompanying them as such representatives —

(a) heads of delegations; (b) alternate representatives; (c) advisers; (d) technical experts,

and Part IV of the Schedule to the Act shall not operate so as to confer privileges or immunities on the staff of representatives other than on those persons falling within the above-mentioned descriptions.

(3) The provisions in the preceeding paragraphs of this Order shall not confer any immunity or privilege on any person as the representative of the Government of The Bahamas or as a member of the staff of such representative or on any person who is a citizen of the Commonwealth of The Bahamas.

10. Except in so far as in any particular case any privilege or immunity is waived by the Organization, the Director of the Organization (including any officer acting for him during his absence from duty) shall be accorded in respect of himself, his spouse and his 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, other than income tax, as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty, his spouse and children, and shall also enjoy exemption from income tax in respect of emoluments received by him as an officer of the Organization.

11. Except in so far as in any particular case any privilege or immunity is waived by the Organization, persons employed by the Organization shall enjoy —

(a) immunity from suit or legal process in respect of words spoken or written and things done or omitted to be done by them in the course of the performance of their official duties;

(b) inviolability of all papers and documents relating to the work of the Organization; and

High Officials.

Other Officials.

INTERNATIONAL ORGANIZATIONS (IMMUNITIES AND PRIVILEGES)

[CH.14 – 55

LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(c) exemption from income tax in respect of emoluments received by them as officers or servants of the Organization.

12. The names of the persons to whom the provisions of paragraphs 9 and 10 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.

List of names.