State Immunity Act


2008 Revised Edition

CAP. 7.64






STATE IMMUNITY ACT

State Immunity Act CAP. 7.64 Arrangement of Sections





2008 Revised Edition


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STATE IMMUNITY ACT

Arrangement of Sections
Section
1 Short title................................................................................................................ 5
2 Purpose of Act ....................................................................................................... 5
3 Claims under any agreement to be notified ........................................................... 5
4 Certificate of sovereign act .................................................................................... 6
5 Recognition and enforcement of foreign judgments.............................................. 6
6 No outstanding Crown liability.............................................................................. 6

Supporting Documents

ENDNOTES 7

State Immunity Act CAP. 7.64 Section 1





2008 Revised Edition


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STATE IMMUNITY ACT

AN ACT TO SPECIFY CIRCUMSTANCES IN WHICH STATE
IMMUNITY MAY APPLY TO ACTIONS AGAINST THE CROWN1

Commencement [1 January 1983]

1 Short title
This Act may be cited as the State Immunity Act.

2 Purpose of Act
(1) This Act shall enable the Government of Tuvalu at the terminal date of any

agreement entered into by or on its behalf to determine any liability which
may be contingent on performance of that agreement and thereby to enable it
to make proper fiscal planning.

(2) The Act further enables the Governor-General to certify that any action taken
by Government affecting the performance of an agreement has a general
public purpose and shall in all respects be a sovereign act for which a defence
of state immunity shall apply to any form of litigation or arbitration.

3 Claims under any agreement to be notified
The Crown shall not be liable under any agreement entered into by or on behalf of
the Government of Tuvalu if within 30 days of the terminal date of that agreement a
claim has not been notified to the signatory of that agreement or otherwise to the
Government intimating failure to perform obligations under that agreement either in
whole or in part.

Section 4 CAP. 7.64 State Immunity Act





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4 Certificate of sovereign act
The Governor-General acting on the advice of the Prime Minister may at any time
certify that action taken in respect of any agreement entered into by or on behalf of
the Government of Tuvalu has a general public purpose and as a sovereign act shall
for all purposes provide a defence of state immunity to any form of litigation or
arbitration.

5 Recognition and enforcement of foreign judgments
In respect of an agreement to which section 3 or section 4 applies:

(a) state immunity shall be a defence to the recognition and enforcement of
any foreign judgment related to such an agreement;

(b) no judgment, order or decision of any kind made by any court, tribunal
or other body related to such an agreement may be executed against the
property of the Government of Tuvalu.

6 No outstanding Crown liability
(1) At the date of enactment, no claim under section 3 has been intimated to the

signatory or to the Government of Tuvalu in respect of any agreement and no
claim under that section shall be deemed to have been made.

(2) For the avoidance of doubt, the Crown has no liability whatsoever in respect
of any agreement which was terminated for any cause, at the enactment date
of this Act.

State Immunity Act CAP. 7.64 ENDNOTES





2008 Revised Edition


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ENDNOTES


1 1990 Revised Edition, Cap. 105 – Act 4 of 1985