Advanced Search

Diplomatic Privileges (United Nations Educational, Scientific, and Cultural Organisation) Order


Published: 1951

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Diplomatic Privileges (United Nations Educational, Scientific, and Cultural Organisation) Order
Diplomatic Privileges (United Nations Educational,
Scientific, and Cultural Organisation) Order CAP. 161E Section 1




1988 Revised Edition
to

Page 1



C
T

DIPLOMATIC PRIVILEGES (UNITED NATIONS
EDUCATIONAL, SCIENTIFIC, AND CULTURAL

ORGANISATION) ORDER

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

G. 165/51

DIPLOMATIC PRIVILEGES ACT



UNITED NATIONS EDUCATIONAL SCIENTIFIC AND
CULTURAL ORGANISATION

A.—THE ORGAN1SATION

1. The United Nations Educational, Scientific and Cultural Organisation
(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 legal process. No waiver of immunity shall be deemed to extend to
any measure of execution.

Section 3 CAP. 161E
Diplomatic Privileges (United Nations Educational,

Scientific, and Cultural Organisation) Order





1988 Revised Edition Page 2
to



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
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 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.

6. 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.

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: THE PRESIDENT OF THE
CONFERENCE: MEMBERS OF THE EXECUTIVE BOARD OF THE

ORGANISATION

8.

(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, by the
Organisation; and in the case of members of the Executive Board, 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 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

Diplomatic Privileges (United Nations Educational,
Scientific, and Cultural Organisation) Order CAP. 161E Section 9




1988 Revised Edition
to

Page 3



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 Britannic Majesty, save that the relief allowed shall not include
relief from Customs and excise duty 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 and
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.

(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 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 Her Majesty's
Government in the Kingdom or a 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, officers of the Organisation holding the offices of Secretary-
General and Deputy Secretary-General 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 any envoy of a foreign
sovereign 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.

Section 10 CAP. 161E
Diplomatic Privileges (United Nations Educational,

Scientific, and Cultural Organisation) Order





1988 Revised Edition Page 4
to



D.— PERSONS EMPLOYED ON MISSIONS ON BEHALF OF THE
ORGAN1SATION

10. 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;

(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

11. 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 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;

(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 this 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 whole date
when he ceased to hold that office or employment.

13. This Order may be cited as the Diplomatic Privileges (United Nations
Educational, Scientific, and Cultural Organisation) Order.