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Diplomatic Privileges (International Civil Aviation Organisation) Order


Published: 1951

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Diplomatic Privileges (International Civil Aviation Organisation) Order
Diplomatic Privileges (International Civil Aviation
Organisation) Order CAP. 161B Section 1




1988 Revised Edition
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Page 1



C
T

DIPLOMATIC PRIVILEGES (INTERNATIONAL
CIVIL AVIATION ORGANISATION) ORDER

Made by the Queen in Council on 30th March, 1951

G. 161/51, 63/56



INTERNATIONAL CIVIL AVIATION ORGANISATION

A.—THE ORGANISATION

1. The International Civil Aviation Organisation set up under Article 43 of the
Convention on International Civil Aviation signed at Chicago on 7th December,
1944, (hereinafter referred to as the Organisation) is hereby declared to be an
organisation of which Her Britannic Majesty's Government in the United
Kingdom and the Governments of foreign sovereign powers are members.

2. 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.

3. The Organisation shall have the like inviolability of official archives and
premises occupied as offices as is accorded in respect of official archives and

Section 4 CAP. 161B
Diplomatic Privileges (International Civil Aviation

Organisation) Order





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premises of an envoy of a foreign sovereign power accredited to Her Britannic
Majesty.

4. 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.

5. The Organisation shall have exemption from taxes on the importation of goods
directly imported by the Organisation for its official use in the Kingdom 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.

6. 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 publication of the
Organisation directly imported or exported by it.

7. 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 Kingdom) of any reduced rates applicable for
the corresponding service in the case of press telegrams.

B.— REPRESENTATIVES OF MEMBERS

8.

(1) Except in so far as in any particular case any privilege or immunity is
waived by the member Governments whom they represent,
representatives of member Governments to the Assembly or the Council
of the Organisation, to any Commission (however named) provided for in
the constitution of the Organisation, or to any Committee of such
Assembly, Council or Commission 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;

Diplomatic Privileges (International Civil Aviation
Organisation) Order CAP. 161B Section 9




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(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 Britannic Majesty, save that the relief 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 Kingdom during any period when they
are present in the Kingdom whilst exercising their functions or
during their journey to and from the place of meeting. The
provisions of this paragraph shall not apply to Tongan or British
subjects whose usual place of abode is in the Kingdom. (Amended,
G. 63/56.)

(2) For the purposes 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 paragraphs of this Article shall not confer
any immunity or privilege upon any person as the representative of His
Majesty's Government in the Kingdom or as a member of the staff of such
a representative, or any person who is a Tongan or British subject and
who is not the representative of a Government other than His Majesty's
Government in the Kingdom or the member of the staff of and
accompanying any such representative.

C.— HIGH OFFICIALS

9. Except in so far as in any particular case any privilege or immunity is waived by
the Organisation, the Secretary-General or the Deputy Secretary-General of the
Organisation and the President of the Council of the Organisation shall be
accorded in respect of themselves, their spouses and children under the age of
21, 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 power accredited to Her Britannic Majesty, his spouse and children,
including exemption from income tax in respect of emoluments received by
them as officers of the Organisation.

D.— PERSONS SERVING ON COMMITTEES OF OR EMPLOYED ON
MISSIONS ON BEHALF OF THE ORGANISATION

10. Except in so far as in any particular case any privilege or immunity is waived by
the Organisation, persons (other than officials of the Organisation) serving on

Section 11 CAP. 161B
Diplomatic Privileges (International Civil Aviation

Organisation) Order





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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
Organisation;

(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 these
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

11. 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 9 above) 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 servants of the Organisation.

F.— GENERAL

12. The names of the persons to whom the provisions of Articles 8, 9, 10 and 11 of
this Order apply shall be set forth in a list compiled and published from time to
time by the Prime Minister 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 of employment.

13. This Order may be cited as the Diplomatic Privileges (International Civil
Aviation Organisation) Order.