Revised Laws of Saint Lucia (2021)

Schedule

(Section 3)

PART I
IMMUNITIES AND PRIVILEGES OF THE ORGANISATION

1.  

   1.   Immunity from suit and legal process.

1.  

   2.   The like inviolability of official archives and premises occupied as offices as is accorded in respect of an envoy of a foreign sovereign Power accredited to Her Majesty.

1.  

   3.   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.

1.  

   4.   Exemption from taxes on the importation of goods directly imported by the organisation for its official use in Saint Lucia or for exportation, or on the importation of any publications of the organisation directly imported by it, and exemption to be subject to compliance with such conditions as the Comptroller of Customs and Excise may prescribe for the protection of the Revenue.

1.  

   5.   Exemptions 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 publications of the organisation directly imported or exported by it.

1.  

   6.   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 Saint Lucia), of any reduced rates applicable for the corresponding service in the case of press telegrams.

1.  

   (Inserted by Act 24 of 1986)

PART II
IMMUNITIES AND PRIVILEGES OF REPRESENTATIVES, MEMBERS OF COMMITTEES, HIGH OFFICERS AND PERSONS ON MISSIONS

1.  

   1.   The like immunity from suit and legal process as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty.

1.  

   2.   The like inviolability of residence as is accorded to such an envoy.

1.  

   3.   The like exemption or relief from taxes as is accorded to such an envoy.

1.  

   (Inserted by Act 24 of 1986)

PART III
IMMUNITIES AND PRIVILEGES OF OTHER OFFICERS IN SERVICE

1.  

   1.   Immunities from suit and legal process in respect of things done or omitted to be done in the course of the performance of official duties.

1.  

   2.   Exemption from income tax in respect of emoluments received as an officer or servant of the organisation.

1.  

   (Inserted by Act 24 of 1986)

PART IV
IMMUNITIES AND PRIVILEGES OF OFFICIAL STAFFS AND OF HIGH OFFICERS' FAMILIES

1.  

   1.   Where any person is entitled to any such immunities and privileges as are mentioned in Part II of this Schedule as a representative of an organ of the organisation or a member of any committee of the organisation or of an organ thereof, his or her official staff accompanying him or her as such a representative or member shall also be entitled to those immunities and privileges to the same extent as the retinue of an envoy of a foreign sovereign Power.

1.  

   2.   Where any person is entitled to any such immunities and privileges as are mentioned in Part II of this Schedule as an officer of the Organisation, that person's wife or husband and children under the age of 21 shall also be entitled to those immunities and privileges to the same extent as the wife or husband or children of an envoy of a foreign sovereign Power accredited to Her Majesty are entitled to the immunities and privileges accorded to the envoy.

1.  

   (Inserted by Act 24 of 1986)

PART V
IMMUNITIES AND PRIVILEGES OF TECHNICAL COOPERATION PERSONNEL OF THE COMMONWEALTH SECRETARIAT

1.  

   1.   The Government undertakes to secure that technical co-operation personnel, if not its nationals, will during their assignments in Saint Lucia under arrangements made under this Memorandum—

   1.  

      (a)     be immune from legal process, legal costs and expenses in respect of words spoken or written and all acts performed in an official capacity and any act or omission occurring in the bona fide discharge of official duties, However, such immunity shall not apply in cases where liability arises out of gross negligence, fraudulent action, wilful misconduct or intentional damage on the part of the personnel;

   1.  

      (b)     be exempt from personal income tax and any other direct tax or charge, including contributions to national social security schemes, in respect of any emoluments, fees, allowances and gratuities paid by the Secretariat in relation to services in the country. In the event that the legislation of Saint Lucia deems any part of the provision of the technical co-operation to be taxable under another taxing provision other than income tax, then the provision of those services will also be exempt;

   1.  

      (c)     be immune, together with their spouse and dependent relatives, from national service and any other military obligations;

   1.  

      (d)     be accorded, together with their spouse and dependent relatives, prompt clearance and issue without cost of multiple entry, re-entry and exit visas as well as residence permits, work permits and other necessary permits and/or authorisations for the entire duration of the assignment;

   1.  

      (e)     be accorded the same privileges in respect of currency or exchange facilities as are accorded to officials of diplomatic missions to the Government;

   1.  

      (f)     be given, together with their spouse and dependent relatives, the same repatriation facilities in time of national or international crisis as are accorded to officials of diplomatic missions to the Government;

   1.  

      (g)     be exempted, together with their spouse and dependent relatives, from all customs duties and taxes imposed on the import of new as well as used household and personal effects within 6 months of first arrival. If the assignment is expected to exceed 6 months, his or her exemption will include one automobile. Items thus imported may be sold to other persons who enjoy customs franchise privileges or re-exported without any customs duties or similar charges at the end of the assignment. Should any of these items be sold in Saint Lucia to a person or organisation not enjoying customs franchise privileges, the personnel will pay duty and any other associated taxes at the rate required by law.

1.  

   (Inserted by Act 5 of 2000)

PART VI
PRIVILEGES AND IMMUNITIES OF OPCW INSPECTORS

1.  

   1.   OPCW inspectors shall be accorded the privileges and immunities set out in paragraph 2 below. These privileges and immunities shall be accorded to OPCW inspectors for the entire period between their arrival in, and departure from, Saint Lucia, and thereafter with respect to acts previously performed in the exercise of their official functions.

1.  

   2.   Subject to paragraph (1), OPCW inspectors shall, in the exercise of their functions under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, enjoy the following privileges and immunities—

   1.  

      (a)     OPCW inspectors shall be accorded the inviolability enjoyed by the diplomatic agents under Article 29 of the Vienna Convention on Diplomatic Relations.  Editor's note: The Articles of this Convention cited in this Schedule can be found in Schedule 1 of the Diplomatic and Consular Services (Immunities and Privileges) Act. He or she shall not be liable to any form of arrest or detention, and shall be treated with due respect.

   1.  

      (b)     The living quarters and office premises occupied by OPCW inspectors carrying out inspection activities under the Convention shall be accorded the inviolability and protection accorded to premises of diplomatic agents under Article 30 paragraph 1 of the Vienna Convention on Diplomatic Relations.

   1.  

      (c)     The papers and correspondence, including records, of OPCW inspectors shall enjoy the inviolability and protection accorded to all papers and correspondence of diplomatic agents under Article 30 paragraph 2 of the Vienna Convention on Diplomatic Relations.

   1.  

      (d)     OPCW inspectors shall have the right to use code for communications with the OPCW Technical Secretariat.

   1.  

      (e)     Samples and approved equipment carried by OPCW inspectors shall be inviolable, subject to paragraph 4 and relevant provisions contained in the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, and shall be exempt from all customs duties.

   1.  

      (f)     OPCW inspectors shall enjoy immunity from the criminal jurisdiction of the State, and shall also enjoy immunity from any civil and administrative jurisdiction as specified in Article 31 paragraphs 1, 2 and 3 of the Vienna Convention on Diplomatic Relations.

   1.  

      (g)     OPCW inspectors shall be exempt from dues or taxes in the same manner as diplomatic agents under the Vienna Convention on Diplomatic Relations.

   1.  

      (h)     OPCW inspectors shall be permitted to bring into the territory of Saint Lucia, without payment of any customs duties or related charges, articles for personal use, unless the import or export of such items is prohibited under Saint Lucia law or controlled by quarantine regulations.

   1.  

      (i)     OPCW inspectors shall be exempt from currency and exchange restrictions to such extent as is accorded to an official of diplomatic mission.

1.  

   3.   Despite the provisions of paragraph 2, OPCW inspectors shall not engage in professional or commercial activity for personal profit in the conduct of their work.

1.  

   4.   Hazardous samples carried by OPCW inspectors shall be transported in accordance with prescribed Regulations, taking into account such international IMO and IATA obligations as may be applicable to such transportation.

1.  

   5.   OPCW inspectors whose destination is a country other than Saint Lucia shall, while in transit in Saint Lucia, be accorded the privileges and immunities enjoyed by diplomatic agents under Article 40(1) of the Vienna Convention on Diplomatic Relations. In particular the papers and correspondence (including records) and samples approved by them shall be accorded the privileges an immunities set out in paragraphs 2(c) and (e).

1.  

   6.   The provisions of paragraphs 2 and 5 relating to immunity from jurisdiction may be expressly waived by the Director General of the Technical Secretariat.

1.  

   7.   The provisions of paragraphs 2 and 5, except for paragraph 2(e), shall apply to any observers accompanying OPCW inspectors in the course of their inspections.

1.  

   (Inserted by Act 15 of 2001)

CHAPTER 10.07
INTERNATIONAL ORGANISATIONS AND OVERSEAS COUNTRIES (IMMUNITIES AND PRIVILEGES) ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

International Organisation Orders: World Meteorological Organisation - Section 3

(Statutory Instrument 43/1955)

S.I. 43/1955 .. in force 10 December 1955

ARRANGEMENT OF ORDERS

INTERNATIONAL ORGANISATION ORDERS: WORLD METEOROLOGICAL ORGANISATION - SECTION 3  Editor's note: This Order was made under the International Organisations (Immunities and Privileges) Act, 1951. This Act was repealed by the International Organisations and Overseas Countries (Immunities and Privileges) Act, but this Order continues in force under section 10 of that Act.

Commencement [10 December 1955]

1.   Citation

This Order may be cited as the International Organisations Order: World Meteorological Organisation.

A.

2.   The Organisation

1.  

   (1)   The World Meteorological Organisation (hereinafter referred to as the Organisation) is an organisation of which the United Kingdom and foreign sovereign Powers are members.

1.  

   (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.

1.  

   (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 Majesty.

1.  

   (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.

1.  

   (5)   The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Saint Lucia 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 Commissioners of Customs and Excise may prescribe for the protection of the Revenue.

1.  

   (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 publications of the Organisation directly imported or exported by it.

1.  

   (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 Saint Lucia), of any reduced rates applicable for the corresponding service in the case of press telegrams.

B.

3.   Representatives on Organs or Committees

1.  

   (1)   Except in so far as in any particular case any privilege or immunity is waived by the Governments whom they represent, representatives of members at the World Meteorological Congress, on the Executive Committee, at regional associations, on technical commissions, or on any committee of any of these bodies shall enjoy—

   1.  

      (a)     While exercising their functions as such and during their journeys 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.

   1.  

      (b)     Immunity from legal process of every kind in respect of words spoken or written and things done or omitted to be done by them in their capacity as representatives.

1.  

   (2)   Where the incidence of any form of taxation depends upon residence, representatives shall not be deemed to be resident in Saint Lucia during any period when they are present in Saint Lucia for the discharge of their duties.

1.  

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

1.  

   Alternate representatives,

1.  

   Advisers,

1.  

   Technical experts,

1.  

   Secretaries of Delegations,

1.  

   and Part IV of the Schedule to the International Organisations (Immunities and Privileges) Act, (hereinafter referred to as the Ordinance,) shall not operate so as to confer privileges or immunities on the staffs of representatives other than on those persons falling within the abovementioned descriptions.

1.  

   (4)   The provisions of the preceding paragraphs of this Article shall not confer any immunity or privilege on any person as the representative of the Government of Saint Lucia in Saint Lucia or as a member of the staff of such representative or on any person who is a citizen of the United Kingdom and colonies.

C.

4.   High Officials of the Organisation

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

D.

5.   Other Officials of the Organisation

Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officials of the Organisation of any category specified by it shall enjoy—

1.  

   (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;

1.  

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

E.

6.   General

The names of the persons to whom the provisions of Articles 3 and 4 of this Order apply shall be set out in a list compiled and published by the Governor General 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 or she first held the office or employment in question and the date when he or she ceased to hold that office or employment.

International Organisation (Immunities and Privileges of The International Telecommunication Union) Order – Section 3

(Statutory Instrument 44/1955)

S.I. 44/1955 .. in force 10 December 1955

ARRANGEMENT OF ORDER

INTERNATIONAL ORGANISATION (IMMUNITIES AND PRIVILEGES OF THE INTERNATIONAL TELECOMMUNICATION UNION) ORDER – SECTION 3  Editor's note: This Order was made under the International Organisations (Immunities and Privileges) Act, 1951. This Act was repealed by the International Organisations and Overseas Countries (Immunities and Privileges) Act, but this Order continues in force under section 10 of that Act.

Commencement [10 December 1955]

1.   Citation

This Order may be cited as the International Organisations (Immunities and Privileges of the International Telecommunication Union) Order.

A.

2.   The Organisation

1.  

   (1)   The International Telecommunication Union (hereinafter referred to as the Union) is an organisation of which the United Kingdom and foreign sovereign Powers are members.

1.  

   (2)   The Union 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.

1.  

   (3)   The Union 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.

1.  

   (4)   The Union 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.

1.  

   (5)   The Union shall have exemption from taxes on the importation of goods directly imported by the Union for its official use in Saint Lucia or for exportation, or on the importation of any publications of the Union directly imported by it, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue.

1.  

   (6)   The Union shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Union for its official use and in the case of any publications of the Union directly imported or exported by it.

B.

3.   Representatives on organds or committees of the union

1.  

   (1)   Except in so far as in any particular case any privilege or immunity is waived by the Governments whom they represent, representatives of member Governments at plenipotentiary and administrative conferences, on the administrative council, on consultative committees or on any committee of any of these bodies shall enjoy—

   1.  

      (a)     While exercising their functions as such and during their journeys 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.

   1.  

      (b)     Immunity from legal process of every kind in respect of words spoken or written and things done or omitted to be done by them in their capacity as representatives.

1.  

   (2)   Where the incidence of any form of taxation depends upon residence, representatives shall not be deemed to be resident in Saint Lucia during any period when they are present in Saint Lucia for the discharge of their duties.

1.  

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

1.  

   Alternate representatives,

1.  

   Advisers,

1.  

   Technical experts,

1.  

   Secretaries of Delegations,

1.  

   and Part IV of the Schedule to the International Organisations (Immunities and Privileges) Act, (hereinafter referred to as the Act) shall not operate so as to confer privileges or immunities on the staffs of representatives other than on those persons falling within the abovementioned descriptions.

1.  

   (4)   The provisions of the preceding paragraphs of this Article shall not confer any immunity or privilege on any person as the representative of the Government of Saint Lucia in Saint Lucia or as a member of the staff of such representative or on any person who is a citizen of the United Kingdom and colonies.

C.

4.   High officials of the union

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

D.

5.   Other officials of the union

Except in so far as in any particular case any privilege or immunity is waived by the Union, officials of the Union of any category specified by it shall enjoy—

1.  

   (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;

1.  

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

E.

6.   General

The names of the persons to whom the provisions of Articles 3 and 4 of this Order apply shall be set out in a list compiled and published by the Governor General 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 or she first held the office or employment in question and the date when he or she ceased to hold that office or employment.

International Organisations (Immunities and Privileges of The Universal Postal Union) Order – Section 3

(Statutory Instrument 45/1955)

S.I. 45/1955 .. in force 10 December 1955

ARRANGEMENT OF ORDER

INTERNATIONAL ORGANISATIONS (IMMUNITIES AND PRIVILEGES OF THE UNIVERSAL POSTAL UNION) ORDER – SECTION 3  Editor's note: This Order was made under the International Organisations (Immunities and Privileges) Act, 1951. This Act was repealed by the International Organisations and Overseas Countries (Immunities and Privileges) Act, but this Order continues in force under section 10 of that Act.

Commencement [10 December 1955]

1.   Citation

This Order may be cited as the International Organisations (Immunities and Privileges of the Universal Postal Union) Order.

A.

2.   The Organisation

1.  

   (1)   The Universal Postal Union (hereinafter referred to as the Union) is an organisation of which the United Kingdom and foreign sovereign Powers are members.

1.  

   (2)   The Union 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.

1.  

   (3)   The Union 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.

1.  

   (4)   The Union 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.

1.  

   (5)   The Union shall have exemption from taxes on the importation of goods directly imported by the Union for its official use in Saint Lucia or for exportation, or on the importation of any publications of the Union directly imported by it, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue.

1.  

   (6)   The Union shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Union for its official use and in the case of any publications of the Union directly imported or exported by it.

1.  

   (7)   The Union 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 Saint Lucia), of any reduced rates applicable for the corresponding service in the case of press telegrams.

B.

3.   Representatives on organds or committees of the union

1.  

   (1)   Except in so far as in any particular case any privilege or immunity is waived by the Governments whom they represent, representatives of members at Congresses, on the Executive and Liaison Committee, at administrative conferences or on commissions provided for in the constitution of the Union, or on any committee of any of these bodies shall enjoy—

   1.  

      (a)     While exercising their functions as such and during their journeys 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.

   1.  

      (b)     Immunity from legal process of every kind in respect of words spoken or written and things done or omitted to be done by them in their capacity as representatives.

1.  

   (2)   Where the incidence of any form of taxation depends upon residence, representatives shall not be deemed to be resident in Saint Lucia during any period when they are present in Saint Lucia for the discharge of their duties.

1.  

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

1.  

   Alternative representatives,

1.  

   Advisers,

1.  

   Technical experts,

1.  

   Secretaries of Delegations,

1.  

   and Part IV of the Schedule to the International Organisations (Immunities and Privileges) Act, (hereinafter referred to as the Act) shall not operate so as to confer privileges or immunities on the staffs of representatives other than on those persons falling within the above-mentioned descriptions.

1.  

   (4)   The provisions in the preceding paragraphs of this Article shall not confer any immunity or privilege on any person as the representative of the Government of Saint Lucia in Saint Lucia or as a member of the staff of such representatives or on any person who is a citizen of the United Kingdom and colonies.

C.

4.   High officials of the union

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

D.

5.   Other officials of the union

Except in so far as in any particular case any privilege or immunity is waived by the Union, officials of the Union of any category specified by it shall enjoy—

1.  

   (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;

1.  

   (b)     Exemption from income tax in respect of emoluments received by them as officers or servants of the Union.

E.

6.   General

The names of the persons to whom the provisions of Articles 3 and 4 apply shall be set out in a list compiled and published by the Governor General 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 or she first held the office or employment in question and the date when he or she ceased to hold that office or employment.

International Organisations (Immunities and Privileges) (Commonwealth Secretariat) Order – Section 3

(Statutory Instrument 100/2000)

S.I. 100/2000 .. in force 29 April 2000

ARRANGEMENT OF ORDERS

INTERNATIONAL ORGANISATIONS (IMMUNITIES AND PRIVILEGES) (COMMONWEALTH SECRETARIAT) ORDER – SECTION 3

Commencement [29 April 2000]

1.   Citation

This Order may be cited as the International Organisations (Immunities and Privileges) (Commonwealth Secretariat) Order.

2.   Interpretation

For the purpose of this Order—

“Act” means the International Organizations and Overseas Countries (Immunities and Privileges) Act;

“Commonwealth Secretariat” means the Commonwealth Secretariat established at the Commonwealth Prime Ministers Meeting of June, 1965.

3.   Application of section 3 of Act

For the purpose of section 3(1) of the Act, it is hereby declared that the Commonwealth Secretariat is an organisation of which the Government of Saint Lucia and the Governments of other sovereign powers are members.

4.   Legal capacity of Secretariat

The Commonwealth Secretariat shall have the legal capacity of a body corporate.

5.   Immunities and privileges of Secretariat

1.  

   (1)   The Commonwealth Secretariat shall have the immunities and privileges set out in Part I of the Schedule to the Act but the immunity from suit and legal process conferred on the Commonwealth Secretariat by this Order shall not include immunity from suit and legal process in respect of—

   1.  

      (a)     a civil action for damage alleged to have been caused by a motor vehicle belonging to or operated on behalf of the Commonwealth Secretariat or in respect of a traffic offence involving such a motor vehicle; or

   1.  

      (b)     arbitration proceedings relating to any written contract entered into by or on behalf of the Commonwealth Secretariat.

1.  

   (2)   Subsection (1) shall not be construed as authorising the enforcement of any judgement or arbitration award by execution on the premises or official archives of the Commonwealth Secretariat.

6.   Immunities and privileges of staff of Secretariat

1.  

   (1)   Officers of the Commonwealth Secretariat holding the offices of Secretary General and Deputy or Assistant Secretary General shall have the immunities and privileges set out in part II of the Schedule to the Act.

1.  

   (2)   Officers and servants of the Commonwealth Secretariat other than those specified in subsection (1) shall, if they are not citizens of Saint Lucia have the immunities and privileges set out in Part III of the Schedule to the Act except immunity from suit or legal process in respect of a civil action from damage alleged to have been caused by a motor vehicle belonging to or driven by them, or in respect of a traffic offence involving such a motor vehicle.

7.   Immunities and privileges of technical cooperation personnel

Technical cooperation personnel of the Commonwealth Secretariat who are not nationals of Saint Lucia shall be accorded the immunities and privileges set out in Part V of the Schedule to the Act.

Diplomatic Privileges Orders: United Nations and International Court of Justice – Sections 3 and 6

(Statutory Instrument 10/1949)

S.I. 10/1949 .. in force 5 March 1949

ARRANGEMENT OF ORDERS

DIPLOMATIC PRIVILEGES ORDERS: UNITED NATIONS AND INTERNATIONAL COURT OF JUSTICE – SECTIONS 3 AND 6  Editor's note: This Order was made under the Diplomatic Privileges Act, 1947. This Act was repealed by the International Organisations (Immunities and Privileges) Act, 1951, which itself was repealed by the International Organisations and Overseas Countries (Immunities and Privileges) Act. This Order continues in force under section 9 of the 1951 Act and under section 10 of that Act.

Commencement [5 March 1949]

1.   Citation

This Order may be cited as the Diplomatic Privileges Order: United Nations and International Court of Justice.

2.   The United Nations

1.  

   (1)   The United Nations set up by the Charter signed at San Francisco on the 26 June 1945, is an organisation of which Her Majesty's Government in the United Kingdom and the governments of foreign sovereign Powers are members.

1.  

   (2)   The United Nations 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.

1.  

   (3)   The United Nations 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.

1.  

   (4)   The United Nations 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.

1.  

   (5)   The United Nations shall have exemption from taxes on the importation of goods directly imported by the organisation for its official use in Saint Lucia 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 Commissioners for Customs and Excise may prescribe for the protection of the revenue.

1.  

   (6)   The United Nations shall have exemption from prohibitions and restrictions on importation and 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.

1.  

   (7)   The United Nations 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 Saint Lucia), of any reduced rates applicable for the corresponding service in the case of press telegrams.

3.   Representatives of Members

1.  

   (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 General Assembly or to any Council or other organ of the United Nations shall enjoy—

   1.  

      (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;

   1.  

      (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;

   1.  

      (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 and excise duties or purchase tax 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 Saint Lucia during any period when they are present in Saint Lucia while exercising their functions or during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to British subjects whose usual place of abode is in Saint Lucia.

1.  

   (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.

4.   High Officials of the United Nations

Except in so far as in any particular case any privilege or immunity is waived by the Secretary General or the Security Council of the United Nations, the Secretary General and Assistant Secretaries General of the United Nations (and not exceeding at one time 6 in number) 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 sovereign Power accredited to Her Majesty, his or her spouse and children. They shall also enjoy exemption from income tax in respect of emoluments received by them as officers of the United Nations.

5.   Persons Employed on Missions on Behalf of the United Nations

Except in so far as in any particular case any privilege or immunity is waived by the Secretary General of the United Nations, persons employed on missions on behalf of the United Nations shall enjoy—

1.  

   (a)     While exercising their functions as such, as during their journey to and from the places of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents:

1.  

   (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.

6.   Other Officials of the United Nations

Except in so far as in any particular case any privilege or immunity is waived by the Secretary General of the United Nations, officials of the United Nations, (other than those referred to in Article 3 above, and officials engaged locally and remunerated by payment calculated by the number of hours worked) shall enjoy—

1.  

   (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

1.  

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

7.   International Court of Justice

1.  

   (1)   The International Court of Justice is an organisation to which Her Majesty's Government in the United Kingdom and the Governments of foreign sovereign Powers are members.

1.  

   (2)   Except in so far as in any particular case any privilege or immunity is waived by the Court, the judges and Registrar of the International Court of Justice (including any officer of the Court acting as Registrar) shall, when engaged on the business of the Court during any journey to and from the place where the Court is sitting in connexion with such business, enjoy the like immunity from suit and legal process, the like inviolability of residence and also unless they are British subjects whose usual place of abode is in Saint Lucia the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Her Majesty.

1.  

   (3)   The judges and Registrar of the International Court of Justice shall enjoy exemption from income tax in respect of all emoluments received by them as judges or Registrar.

1.  

   (4)   Except in so far as in any particular case any privilege or immunity is waived by the government whom they represent before the Court, the agents, counsel and advocates of parties before the Court shall enjoy—

   1.  

      (a)     When engaged on their missions before the Court and during their journeys to and from the place where the Court is sitting in connexion with such missions, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;

   1.  

      (b)     Immunity from legal process of every kind in respect of words spoken or written and all acts done by them in this capacity;

   1.  

      (c)     When engaged on their missions before the Court and during their journeys to and from the place where the Court is sitting in connexion with such mission, 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 or excise duties or purchase tax except in respect of goods imported as part of their personal baggage. They shall not, where incidence of any form of tax depends upon residence, be deemed to be resident in Saint Lucia during any period when they are present in Saint Lucia while exercising these functions or during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to British subjects whose usual place of abode is in Saint Lucia.

Diplomatic Privileges Orders: International Labour Organisation – Section 3

(Statutory Instrument 55/1949)

S.I. 55/1949 .. in force 1 October 1949

ARRANGEMENT OF ORDERS

DIPLOMATIC PRIVILEGES ORDERS: INTERNATIONAL LABOUR ORGANISATION – SECTION 3  Editor's note: This Order was made under the Diplomatic Privileges Act, 1947. This Act was repealed by the International Organisations (Immunities and Privileges) Act, 1951, which itself was repealed by the International Organisations and Overseas Countries (Immunities and Privileges) Act. This Order continues in force under section 9 of the 1951 Act and under section 10 of that Act.

Commencement (1 October 1949)

1.   Citation

This Order may be cited as the Diplomatic Privileges: International Labour Organisation Order.

A.

2.   The Organisation

1.  

   (1)   The International Labour Organisation is an organisation of which Her Majesty's Government in the United Kingdom and the Government of foreign sovereign Powers are members.

1.  

   (2)   The International Labour Organisation shall have the legal capacities of a body corporate and except in so for 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.

1.  

   (3)   The International Labour 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.

1.  

   (4)   The International Labour 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.

1.  

   (5)   The International Labour Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Saint Lucia 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 Commissioners of Customs and Excise may prescribe for the protection of the Revenue.

1.  

   (6)   The International Labour 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 publications of the Organisation directly imported or exported by it.

1.  

   (7)   The International Labour Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matters for publication by the press or for broadcasting (including communications addressed to or despatched from places outside Saint Lucia), of any reduced rates applicable for the corresponding service in the case of press telegrams.

B.

3.   Representatives of members: members of the governing body of the international labour office

1.  

   (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; and in the case of members and deputy members of the Governing Body of the International Labour Office and their Substitutes, by the Governing Body, representatives of member Governments and the employers' and workers' members and deputy members of the Governing Body of the International Labour Office and their substitutes shall enjoy—

   1.  

      (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.

   1.  

      (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 or as members of the Governing Body of the International Labour Office, as the case may be.

   1.  

      (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 and excise duties or purchase tax 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 Saint Lucia during any period when they are present in Saint Lucia whilst exercising their functions or during their journey to and from the place of meeting.

1.  

   The provisions of this paragraph shall not apply to British subjects whose usual place of abode is in Saint Lucia.

1.  

   (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.

1.  

   (3)   The provisions of the preceding paragraphs of this Article shall not confer any immunity or privilege upon any person as the representative of the Government of Saint Lucia in Saint Lucia or 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 Saint Lucia or a member of the staff of and accompanying any such representative.

C.

4.   High Officials

Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officers of the International Labour Organisation holding the offices of Director General, Deputy Director General and Assistant Director 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 an envoy of a foreign sovereign Power accredited to Her Majesty, his or her spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D.

5.   Persons serving on committees of or employed on missions on behalf of the organisation

Except in so far as in any particular case any privilege is waived by the Organisation, persons (other than officials of the Organisation) serving on Committees of, or employed on missions on behalf of the International Labour Organisation shall enjoy—

1.  

   (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;

1.  

   (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 although the persons concerned are no longer employed on missions on behalf of the International Labour Organisation.

E.

6.   Other Officials of the Organisation

Except in so far as in any particular case any privilege or immunity is waived by the International Labour Organisation, all officials of the Organisation (other than those referred to in Article 4 above) shall enjoy—

1.  

   (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;

1.  

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

F.

7.   General

The names of the persons to whom the provisions of Articles 3, 4, 5 and 6 of this Order apply shall be set out in a list compiled and published by the Governor General under the Act and such list shall show in regard to each person the date as from which, for the purposes of this Order, he or she first held the office or employment in question, and the date when he or she ceased to hold that office or employment.

Diplomatic Privileges Orders: International Civil Aviation Organisation – Section 3

(Statutory Instruments 56/1949 and 46/1955)

S.I. 56/1949 and 46/1955 .. in force 1 October 1949

ARRANGEMENT OF ORDERS

DIPLOMATIC PRIVILEGES ORDERS: INTERNATIONAL CIVIL AVIATION ORGANISATION – SECTION 3  Editor's note: This Order was made under the Diplomatic Privileges Act, 1947. This Act was repealed by the International Organisations (Immunities and Privileges) Act, 1951, which itself was repealed by the International Organisations and Overseas Countries (Immunities and Privileges) Act. This Order continues in force under section 9 of the 1951 Act and under section 10 of that Act.

Commencement [1 October 1949]

1.   Citation

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

A.

2.   The Organisation

1.  

   (1)   The International Civil Aviation Organisation set up under article 43 of the Convention on International Civil Aviation signed at Chicago on 7 December 1944, (hereafter 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.

1.  

   (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.

1.  

   (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 Majesty.

1.  

   (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.

1.  

   (5)   The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Saint Lucia 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 Commissioners of Customs and Excise may prescribe for the protection of the Revenue.

1.  

   (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 publications of the Organisation directly imported or exported by it.

1.  

   (7)   The Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matters intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside Saint Lucia), of any reduced rates applicable for the corresponding service in the case of press telegrams.

B.

3.   Representatives of members

1.  

   (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 to the Council of the Organisation, or to any Committee of such Assembly, Council or Commission shall enjoy—

   1.  

      (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.

   1.  

      (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.

   1.  

      (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 and excise duties or purchase tax 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 Saint Lucia during any period when they are present in Saint Lucia whilst exercising their functions or during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to British subjects whose usual place of abode is in Saint Lucia.

1.  

   (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.

1.  

   (3)   The provisions of the preceding paragraphs of this Article shall not confer any immunity or privilege upon any person as the representative of the Government of Saint Lucia in Saint Lucia or as a member of the staff of such 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 Saint Lucia or the member of the staff of and accompanying any such representative.

C.

4.   High Officials

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 sovereign Power accredited to Her Majesty, his or her spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D.

5.   Persons serving on committees of or employed on missions on behalf of the organisation

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 Committees of, or employed on missions on behalf of the Organisation shall enjoy—

1.  

   (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.

1.  

   (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 although the persons concerned are no longer employed on missions on behalf of the Organisation.

E.

6.   Other Officials of the Organisation

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 4 above) shall enjoy—

1.  

   (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

1.  

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

F.

7.   General

The names of the persons to whom the provisions of Articles 3, 4, 5 and 6 of this Order apply shall be set out in a list compiled and published by the Governor General under the Act, and such list shall show in regard to each person the date as from which for the purpose of this Order he or she first held the office or employment in question, and the date when he or she ceased to hold that office or employment.

Diplomatic Privileges (International Refugee Organisation) Order – Section

(Statutory Instrument 57/1949)

S.I. 57/1949 .. in force 1 October 1949

ARRANGEMENT OF ORDERS

DIPLOMATIC PRIVILEGES (INTERNATIONAL REFUGEE ORGANISATION) ORDER – SECTION   Editor's note: This Order was made under the Diplomatic Privileges Act, 1947. This Act was repealed by the International Organisations (Immunities and Privileges) Act, 1951, which itself was repealed by the International Organisations and Overseas Countries (Immunities and Privileges) Act. This Order continues in force under section 9 of the 1951 Act and under section 10 of that Act..

Commencement [1 October 1949]

1.   Citation

This Order may be cited as the Diplomatic Privileges (International Refugee Organisation) Order.

A.

2.   The Organisation

1.  

   (1)   The International Refugee Organisation (hereafter 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.

1.  

   (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.

1.  

   (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 Majesty.

1.  

   (4)   The Organisation shall have the like exemption of relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign Power.

1.  

   (5)   The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Saint Lucia 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 Commissioners of Customs and Excise may prescribe for the protection of the Revenue.

1.  

   (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.

1.  

   (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 Saint Lucia) of any reduced rates applicable for the corresponding service in the case of press telegrams.

B.

3.   Representatives of members

1.  

   (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 Council of the Organisation shall enjoy—

   1.  

      (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.

   1.  

      (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.

   1.  

      (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 and excise duties or purchase tax 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 Saint Lucia during any period when they are present in Saint Lucia whilst exercising their functions or during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to British subjects whose usual place of abode is in Saint Lucia.

1.  

   (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.

1.  

   (3)   The provisions of the preceding paragraphs of this Article shall not confer any immunity or privilege upon any person as the representative of the Government of Saint Lucia in Saint Lucia 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 Saint Lucia or the member of the staff of and accompanying any such representative.

C.

4.   High Officials

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 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 sovereign Power accredited to Her Majesty, his or her spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D.

5.   Persons employed on Missions on behalf of the organisation

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—

1.  

   (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.

1.  

   (b)     Immunity from legal process of every kind in respect words spoken or written and all acts done by them in the exercise of these functions. Such immunity shall continue although the persons concerned are no longer employed on missions on behalf of the Organisation.

E.

6.   Other Officials of the Organisation

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 4 above or officials engaged, locally and remunerated by payment calculated on the number of hours worked) shall enjoy—

1.  

   (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

1.  

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

F.

7.   General

The names of the persons to whom the provisions of Articles 3 and 4 of this Order apply shall be set out in a list compiled and published by the Governor General under the Act and such list shall show in regard to each person the date as from which for the purpose of this Order he or she first held the office or employment in question, and the date when he or she ceased to hold that office or employment.

Diplomatic Privileges (World Health Organisation) Order – Section 3

(Statutory Instruments 58/1949 and 24/1956)

S.I. 58/1949 and 24/1956 .. in force 1 October 1949

ARRANGEMENT OF ORDERS

DIPLOMATIC PRIVILEGES (WORLD HEALTH ORGANISATION) ORDER – SECTION 3  Editor's note: This Order was made under the Diplomatic Privileges Act, 1947. This Act was repealed by the International Organisations (Immunities and Privileges) Act, 1951, which itself was repealed by the International Organisations and Overseas Countries (Immunities and Privileges) Act. This Order continues in force under section 9 of the 1951 Act and under section 10 of that Act.

Commencement [1 October 1949]

1.   Citation

This Order may be cited as the Diplomatic Privileges (World Health Organisation) Order.

A.

2.   The Organisation

1.  

   (1)   The World Health Organisation is an organisation of which Her Majesty's Government in the United Kingdom and the Governments of foreign sovereign Powers are members.

1.  

   (2)   The World Health 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.

1.  

   (3)   The World Health 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.

1.  

   (4)   The World Health 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.

1.  

   (5)   The World Health Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Saint Lucia 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 Commissioners of Customs and Excise may prescribe for the protection of the Revenue.

1.  

   (6)   The World Health 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 publications of the Organisation directly imported or exported by it.

1.  

   (7)   The World Health 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 Saint Lucia), of any reduced rates applicable for the corresponding service in the case of press telegrams.

B.

3.   Representatives of members and of the executive board of the world health organisation

1.  

   (1)   Except in so far as in any particular case any privilege or immunity is waived, in the case of representatives of member Governments, by the member Governments whom they represent, and in the case of persons designated to serve on the Executive Board of the World Health Organisation and their alternates and advisers, by the Executive Board, representatives of member Governments and persons designated to serve on the Executive Board of the Organisation and their alternates and their advisers shall enjoy—

   1.  

      (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.

   1.  

      (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.

   1.  

      (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 and excise duties or purchase tax 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 Saint Lucia during any period when they are present in Saint Lucia whilst exercising their functions or during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to British subjects whose usual place of abode is in Saint Lucia.

1.  

   (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.

1.  

   (3)   The provisions of the preceding paragraphs of this Article shall not confer any immunity or privilege upon any person as the representative of the Government of Saint Lucia in Saint Lucia 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 Saint Lucia or a member of the staff of and accompanying any such representative.

C.

4.   High Officials

Except in so far as in any particular case any privilege or immunity is waived by the World Health Organisation, officers of the Organisation holding the offices of Director General or Deputy Director 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 an envoy of a foreign sovereign Power accredited to Her Majesty, his or her spouse and children, and they shall also enjoy exemption from income tax in respect of emoluments received by them as officers of the World Health Organisation.

D.

5.   Persons serving on committees of or employed on missions on behalf of the organisation

Except in so far as in any particular case any privilege or immunity is waived by the World Health Organisation, persons (other than officials of the Organisation) serving on Committees of, or employed on missions on behalf of the Organisation shall enjoy—

1.  

   (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.

1.  

   (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 although the person concerned is no longer employed on Missions on behalf of the Organisation.

E.

6.   Other Officials of the Organisation

Except in so far as in any particular case any privilege or immunity is waived by the Organisation, all officials of the World Health Organisation, other than those referred to in Article 4 above, shall enjoy—

1.  

   (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.

1.  

   (b)     exemption from income tax in respect of emoluments received by them as officers and servants of the World Health Organisation.

F.

7.   General

1.  

   (1)   The names of the persons to whom the provision of Articles 3, 4, 5, and 6 of this Order apply shall be set out in a list compiled and published by the Governor General under the Act, and such list shall show in regard to each person the date as from which, for the purposes of this Order, he or she first held the office or employment in question, and the date when he or she ceased to hold that office or employment.

1.  

   (2)   

   1.  

      (a)     This Order shall have effect as if in Article 3 thereof references to representatives of member Governments included references to representatives of the Governments of Associate Members of the Organisation.

   1.  

      (b)     For the purposes of this Order the expression “representatives of the Governments of Associate Members of the Organisation” shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

Diplomatic Privileges (United Nations Educational, Scientific and Cultural Organisation) Order – Section 3

(Statutory Instrument 59/1949)

S.I. 59/1948 .. in force 1 October 1949

ARRANGEMENT OF ORDERS

DIPLOMATIC PRIVILEGES (UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANISATION) ORDER – SECTION 3  Editor's note: This Order was made under the Diplomatic Privileges Act, 1947. This Act was repealed by the International Organisations (Immunities and Privileges) Act, 1951, which itself was repealed by the International Organisations and Overseas Countries (Immunities and Privileges) Act. This Order continues in force under section 9 of the 1951 Act and under section 10 of that Act.

Commencement [1 October 1949]

1.   Citation

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

A.

2.   The Organisation

1.  

   (1)   The United Nations Educational, Scientific and Cultural Organisation (hereinafter 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.

1.  

   (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 or immunity shall be deemed to extend to any measure of execution.

1.  

   (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 Majesty.

1.  

   (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.

1.  

   (5)   The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Saint Lucia 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 Commissioners of Customs and Excise may prescribe for the protection of the Revenue.

1.  

   (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.

1.  

   (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 Saint Lucia), of any reduced rates applicable for the corresponding service in the case of press telegrams.

B.

3.   Representatives of members: the preseident of the conference: members of the executive board of the organisation

1.  

   (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—

   1.  

      (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;

   1.  

      (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;

   1.  

      (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 and excise duties or purchase tax 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 Saint Lucia during any period when they are present in Saint Lucia whilst exercising their functions and during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to British subjects whose usual place of abode is in Saint Lucia.

1.  

   (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.

1.  

   (3)   The provisions of the preceding paragraphs of this Article shall not confer any immunity or privilege upon any person as the representative of the Government of Saint Lucia in Saint Lucia 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 Saint Lucia or a member of the staff of and accompanying any such representative.

C.

4.   High Officials

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 an envoy of a foreign sovereign Power accredited to Her Majesty, his or her spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D.

5.   Persons employed on missions on behalf of the organisation

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—

1.  

   (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;

1.  

   (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 although the persons concerned are no longer employed on missions on behalf of the Organisation.

E.

6.   Other Officials of the Organisation

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 4 above) shall enjoy—

1.  

   (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;

1.  

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

F.

7.   General

The names of the persons to whom the provisions of Articles 3 and 4 of this Order apply shall be set out in a list compiled and published by the Governor General under the Act, and such list shall show in regard to each person the date as from which for the purposes of this Order, he or she first held the office or employment in question, and the date when he or she ceased to hold that office or employment.

Diplomatic Privileges (Food and Agricultural Organisation) Order – Section 11

(Statutory Instrument 60/1949)

S.I. 60/1949 .. in force 1 October 1949

ARRANGEMENT OF ORDERS

DIPLOMATIC PRIVILEGES (FOOD AND AGRICULTURAL ORGANISATION) ORDER – SECTION   Editor's note: This Order was made under the Diplomatic Privileges Act, 1947. This Act was repealed by the International Organisations (Immunities and Privileges) Act, 1951, which itself was repealed by the International Organisations and Overseas Countries (Immunities and Privileges) Act. This Order continues in force under section 9 of the 1951 Act and under section 10 of that Act.

Commencement [1 October 1949]

1.   Citation

This Order may be cited as the Diplomatic Privileges (Food and Agriculture Organisation) Order.

A.

2.   The Organisation

1.  

   (1)   The Food and Agriculture Organisation (hereinafter 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.

1.  

   (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.

1.  

   (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 Majesty.

1.  

   (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.

1.  

   (5)   The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Saint Lucia 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 Commissioners of Customs and Excise may prescribe for the protection of the Revenue.

1.  

   (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.

1.  

   (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 Saint Lucia), of any reduced rates applicable for the corresponding service in the case of press telegrams.

B.

3.   Representatives of members: chairperson of the council of the organisation

1.  

   (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 and, in the case of the chairperson of the Council of the Organisation, by the Council of the Food and Agriculture Organisation, representatives of member Governments, and the chairperson of the Council of the Organisation shall enjoy—

   1.  

      (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.

   1.  

      (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.

   1.  

      (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 and excise duties or purchase tax 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 Saint Lucia during any period when they are present in Saint Lucia whilst exercising their functions and during their journey to and from the place of meeting. The provisions of the paragraph shall not apply to British subjects whose usual place of abode is in Saint Lucia.

1.  

   (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.

1.  

   (3)   The provisions of the preceding paragraphs of this Article shall not confer any immunity or privilege upon any person as the representative of the Government of Saint Lucia in Saint Lucia 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 Saint Lucia or a member of the staff of and accompanying any such representative.

C.

4.   High Officials

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 Director General, and Deputy Director 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 an envoy of a foreign sovereign Power accredited to Her Majesty, his or her spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D.

5.   Persons employed on missions on behalf of the organisaion

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 Committees of, or on behalf of the Organisation shall enjoy—

1.  

   (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.

1.  

   (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 although the persons concerned are no longer employed on missions on behalf of the Organisation.

E.

6.   Other Officials of the Organisation

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 4 above) shall enjoy—

1.  

   (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;

1.  

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

F.

7.   General

The names of the persons to whom the provisions of Articles 9 and 10 of this Order apply shall be set out in a list compiled and published by the Governor General under the Act, and such list shall show in regard to each person the date as from which for the purposes of this Order, he or she first held the office or employment in question, and the date when he or she ceased to hold that office or employment.