Revised Laws of Saint Lucia (2021)

Schedule 2

(Section 2)

Agreement between the Regional Security System and the Government of Barbados regarding the Headquarters of the Regional Security System.

THE GOVERNMENT OF BARBADOS AND THE REGIONAL SECURITY SYSTEM

IN PURSUANCE OF Article 24 of the Treaty Establishing the Regional Security System Council of Ministers having agreed that the Headquarters of the System shall be located in Barbados;

Desiring to conclude an agreement regarding the principal office of the Regional Security System in Barbados and the privileges, immunities and facilities to be granted to it by the Government to Barbados and other related matters:

HAVING AGREED as follows:

ARTICLE I
DEFINITIONS

Unless otherwise specifically provided herein or the context otherwise requires, the following words shall have the following meanings—

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   (a)     “Archives of the System” means the records, correspondence, documents, manuscripts, still and moving pictures and films and sound recordings, belonging to, or held by the System;

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   (b)     “Council” means the Council of Ministers;

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   (c)     “Coordinator” means the Regional Security Coordinator and, during his absence or incapacity, the officer authorised to act as Regional Security coordinator;

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   (d)     “Government” means the Government of Barbados;

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   (e)     “Headquarters premises” means the premises occupied by the Secretariat known as the Central Liaison Office or CLO, situate at the Barbados Defence Force Base at Paragon in the parish of Christ Church in Barbados;

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   (f)     “Laws of Barbados” means the Constitution of Barbados, its acts of Parliament, common law in force in Barbados, judicial decisions, statutory instruments, and any other enactments having the force of law in Barbados;

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   (g)     “Member” means a State or Territory which has become a member of the System in pursuance of the relevant provisions of the Treaty Establishing the Regional Security system;

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   (h)     “members of the family” means the spouse and children of a person entitled to benefits under this Agreement;

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   (i)     “Members of the household staff” means persons, other than nationals of Barbados, employed on the domestic staff of a person entitled to benefits under this Agreement;

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   (j)     “Officers and staff of the System” means the Coordinator, staff Officers, and all other persons duly appointed and designated by the Coordinator as officers or members of the staff of the System;

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   (k)     “property” means all forms of property, including military equipment, assets, funds, income and rights belonging to or used for the purposes of the system;

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   (l)     “Representatives of Members” means all individuals included in the delegations of Members and duly accredited to the System;

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   (m)     “System” means the Regional Security System established by the Treaty;

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   (n)     “Treaty” means the Treaty Establishing the Regional security system done at St. George's on 5 March 1996.

ARTICLE II
THE HEADQUARTERS SEAT

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   1.   The Headquarters Seat of the System shall be the premises occupied by the Central Liaison Office.

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   2.   The system, except as may be agreed otherwise between the Government and the system, shall be responsible for—

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      (a)     the cost of repairs to the Headquarters Seat, whether of a recurring or non-recurring nature, including, but not limited to the repair of damage resulting from force majeure, structural defects or deterioration; the replacement, within a reasonable period, of the offices, or any other thereof, which may be totally or partially destroyed, and expansion or remodeling as may be agreed upon; and

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      (b)     the installation, maintenance, repair and replacement, if necessary, or the necessary facilities and fixtures, including, but not limited to, air conditioning, elevators, electricity, gas, telephone, water, sewerage or drainage, fire prevention and postal system, the cost of providing necessary staff amenities, including a canteen, sick rooms and recreation rooms, and the cost of furniture, furnishings and carpeting as agreed upon between the System and the Government.

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   3.   The Headquarters Seat shall be inviolable, and shall be under the control and authority of the System. No officer or official of the Government, or other person exercising any public authority within Barbados shall enter the Headquarters Seat to perform any duties therein without the consent of and under conditions approved by, the System, nor shall the service of legal process, including the search for or seizure of private property, take place within the Headquarters Seat without the express consent of, and under conditions approved by, the Coordinator.

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   4.   The System and the Government shall agree on the circumstances and manner in which the appropriate authorities of Barbados may enter the Headquarters Seat without the prior consent of the System in connection with the fire prevention, sanitary regulations or emergencies.

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   5.   Except as otherwise provided in this Agreement, the courts or together appropriate organs of the Government shall have jurisdiction, as provided in applicable laws, over acts done and transactions taking place in the Headquarters Seat. When dealing with cases arising out of or relating to acts done or transactions taking place in the Headquarters Seat, the courts or other appropriate organs of the Government shall take into account the regulations made by the System under paragraph 7.

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   6.   The System shall have the power to make regulations, operative within the Headquarters Seat, for the purpose of establishing therein conditions in all respects necessary for the full and independent exercise of its functions. The Government shall not, except at the request of or with the consent of the System, enforce or apply within the Headquarters Seat any law of Barbados providing for any matter with respect to which the System is authorised by this section to make regulations and with respect to which regulations so made by the System are in force. Any dispute between the System and the Government as to whether a law of Barbados provides for any matter covered by any regulations of the system authorised by this paragraph, shall be promptly settled by the procedure set out in paragraph 3 of Article XV. Pending such settlement the regulations of the System shall apply and the Government shall not apply such part of the law of Barbados as the System claims provides for a matter covered by the regulation of the System.

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   7.   The System shall from time to time inform the Government, as may be appropriate of regulations made by it in accordance with paragraph 6 above.

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   8.   This section shall not prevent the reasonable application of fire protection or sanitary regulations of the appropriate authorities of Barbados.

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   9.   Subject to provisions of Article VII of this Agreement, the System shall prevent the Headquarters Seat from becoming a refuge for fugitives from justice, persons subject to extradition, or persons avoiding service of legal process or a judicial proceeding.

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   10.   The System may expel or exclude persons from the Headquarters Seat for violation of its regulations or for other causes.

ARTICLE III
PUBLIC SERVICES IN THE HEADQUARTERS SEAT

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   1.   The Government shall, upon the request of the System, ensure that the System shall be provided, on terms not less favourable than those accorded to the Government, with necessary utilities and public services, including, but not limited to electricity, water, sewerage, gas, post, telephone, telegraph, local transportation, drainage, collection of refuse and fire protection. In case of any interruptions or threatened interruption of any of the said services the Government shall take steps to ensure that the authorities responsible for such services consider the needs of the System of equal importance to those of essential agencies of the Government and that the work of the System is not prejudiced.

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   2.   With the consent of the System, which consent shall not be unreasonably withheld, duly authorised representatives of public utilities may inspect, repair, maintain, reconstruct, and relocate utilities, conduits, mains and sewers within Headquarters Seat and its facilities.

ARTICLE IV
COMMUNICATIONS

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   1.   All communications to and from the System, its Council of Ministers, other representatives of members. Coordinator, staff Officers and staff or consultants and experts performing missions for the System, by whatever means or in whatever from transmitted, shall be immune from censorship and any other form of interception or interference with their privacy.

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   2.   The System shall have the right to use codes and to dispatch and receive communications and without limitation by reason of the enumeration correspondence. Publications, documents, still and moving pictures, films and sound recordings, either by courier or in sealed bags which shall have immunities and privileges not less favourable than those accorded to diplomatic couriers and bags.

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   3.   The System shall enjoy in Barbados for its official communications no less favourable than that accorded by the Government to any other Government, including the diplomatic mission in Barbados of any such Government, in the matter of priorities, rates and surcharge on mail, cables telegrams, radiograms, telephoto, telephone and other communications, and press rates for information to the press radio.

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   4.   The System shall be authorised to operate at the Headquarters Seat point-to-point telecommunications circuits with military and police forces and other bodies as may be required. The System shall also be authorised to operate at the Headquarters Seat point-to-point telecommunication circuits with other international organisations within or outside Barbados.

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   5.   The System shall also be authorised to establish and operate at the Headquarters Seat—

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      (a)     its own short-wave sending and receiving radio broadcasting facilities, including emergency link equipment, which may be used on the same frequencies, within the tolerances prescribed for the broadcasting service by applicable laws of Barbados for radio-telegraph, radio-telephone and similar services; and

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      (b)     such other radio facilities as may be specified by supplementary agreement.

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   6.   The system shall make arrangements for the operation of the services referred to in paragraphs 4 and 5 with the International Telecommunications Union, the appropriate agencies of the Government and the appropriate agencies of other affected Governments with regard to all frequencies and similar matters.

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   7.   The facilities provided for in paragraph 4 and 5 may, to the extent necessary for efficient operation, be established and operated outside the Headquarters Seat with the consent of the Government. The latter shall at the request of the System make arrangements on such terms and in such manner as may be agreed upon for the acquisition or use by the System of appropriate premises for such purposes, and for their inclusion in the Headquarters Seat. Any facilities established by the System outside the Headquarters Seat, in pursuance of this section shall enjoy the same inviolability and protection as those accorded to the Headquarters Seat under Article II of this Agreement.

ARTICLE V
PROPERTY OF THE SYSTEM AND TAXATION

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   1.   The property and assets of the System, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, taking or foreclosure, whether by executive, administrative, or legislative action.

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   2.   The archives of the system shall be inviolable, wherever located.

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   3.   The System, its assets, property, income, and its operations and transactions, shall be exempt from—

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      (a)     all forms of taxation and any obligation for the payment, withholding or collection of any tax or duty. Such exemption shall extend to any specifically identifiable taxes payable by the owner or lessor of any property rented by the System which are made payable by the System in the rental or lease contract between the System and the owner or lessor of the property. The System will not claim exemption from taxes or charges which are no more than payments for public utility services.

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      (b)     all customs duties and other levies on any good, articles including motor vehicles, spare parts, military equipment and supplies and publications, imported or exported by the System for its official use, and any obligation for the payment, withholding or collection of any such customs duties and other levies. The System and the Government shall agree on the conditions under which goods, articles, including motor vehicles, spare parts and publications imported under such exemptions may be sold in Barbados;

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      (c)     all prohibitions and restrictions on imports and exports in respect of any goods, articles, including motor vehicles, spare parts, military equipment and supplies and publications intended for the official use of the System.

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   4.   In so far as the Government, for important administrative considerations, may be unable to grant to the System exemption from indirect taxes which constitute part of the cost of goods purchased by or services rendered to the System, including rentals, the Government shall reimburse the System for such taxes by the payment, from time to time, of lump sums to be agreed upon by the System and the Government. It is, however, understood that the System will not claim reimbursement with respect to minor purchases. With respect to such taxes, the System shall at all time enjoy at least the same exemptions and facilities as are granted to the Government itself or to heads of diplomatic missions accredited to Barbados, whichever are the more favourable.

ARTICLE VI
SOCIAL SECURITY AND PENSION FUND

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   1.   Any Staff Pension Fund established by the System shall have legal capacity in Barbados and shall enjoy the same exemptions, privileges and immunities as the System itself.

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   2.   The System so requests, however, the Government shall make such provisions as may be necessary to enable any official of the System who is not afforded social security coverage by the System to participate in any social security scheme of Barbados. The System shall, in so far as possible, arrange, under conditions to be agreed upon, for the participation in the Barbados social security system of those locally recruited members of the staff who do not participate in the Staff Pension Fund established by its or to whom the System does not grant social security protection.

ARTICLE VII
ACCESS AND RESIDENCE

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   1.   The Government shall take measures to facilitate the entry into, residence and freedom of movement in, and departure from Barbados of the persons listed below, irrespective of nationality; is shall ensure that no impediment is placed in the way of their transit to and form the Headquarters Seat and shall afford them any necessary protection in transit—

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      (a)     Members of the Council of Ministers and other representatives of Members;

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      (b)     the Coordinator;

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      (c)     Staff Officials;

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      (d)     Officers and staff of the System;

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      (e)     Consultants and experts performing missions for the System; and

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      (f)     other persons invited by the System to the Headquarters Seat on official business.

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   2.   The Government shall issue to its embassies, legations and consulates general instructions to grant visas to the persons referred to in paragraph 1 without delay, waiting period, or payment or any charges, and without requiring their personal presence.

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   3.   No laws of Barbados restricting the entry into Barbados of persons other than citizens of Barbados or regulating the conditions of their stay shall apply to the persons provided for in this Article except those relating to health and the security of Barbados.

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   4.   No activity performed by any person referred to in paragraph 1 in his official capacity with respect to the System shall constitute a reason for preventing his entry into his departure from, or for requiring him to leave Barbados.

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   5.   No person referred to in paragraph 1 shall be required by the Government to leave Barbados save in the event of an abuse of the right of residence, in which case the following procedure shall apply:

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      (a)     no proceeding shall be instituted to require any such person to leave Barbados, except with the prior approval of the Minister for Foreign Affairs of Barbados;

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      (b)     in the case of a Member of the Council, such approval shall be given only after consultation with the Government of the member concerned;

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      (c)     in the case of any other person mentioned in paragraph 1 such approval shall be given only after consultation with the Coordinator, and if expulsion proceedings are taken against any such person, the Coordinator shall have the right to appear or to be represented in such proceedings on behalf of the person against whom such proceedings are instituted; and

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      (d)     persons who are entitled to diplomatic privileges and immunities under Article VIII shall not be required to leave Barbados otherwise than in accordance with the customary procedure applicable to members, having comparable rank, of the staffs of heads of diplomatic missions accredited to Barbados.

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   6.   This Article shall not prevent the requirement of reasonable evidence to establish that persons claiming the rights granted by this Article come within the classes described in paragraph 1, or the reasonable application of quarantine and health regulations.

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   7.   The provisions of paragraph 1 of this Article shall be applicable irrespective of the relations existing between the Government of Barbados and the Government of the States and Territories of which the persons referred to in that section are nationals or to which they belong.

ARTICLE VIII
PRIVILEGES AND IMMUNITIES OF MEMBERS OF THE COUNCIL
AND OTHER REPRESENTATIVES OF MEMBERS, COORDINATOR
STAFF OFFICERS AND OTHERS

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   1.   Members of the Council, other representatives of Members, and the Coordinator shall have the right in connection with their officials duties with the System, to—

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      (a)     immunity from personal arrest or detention and from seizure of their personal and official baggage;

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      (b)     immunity from legal process of every king in respect of words spoken or written and all acts done by them in their official capacity; and

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      (c)     in respect of other matters not covered in (a) and (b) above, such other immunities, exemptions, privileges and facilities are enjoyed by members of diplomatic missions of comparable rank, subject to corresponding conditions and obligations;

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   2.   The Coordinator, Staff Officers, other officers and staff of the System, including for the purposes of this Article consultants and experts performing missions for the System, shall have the right to the following privileges and immunities—

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      (a)     immunity from legal process of any kind in respect of words spoken or written and of acts performed by them in their official capacity, such immunity to continue notwithstanding that the persons concerned may have ceased to be officers or staff members of the System;

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      (b)     immunity from seizure of their personal and official baggage;

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      (c)     immunity from inspection of official baggage, and if the person concerned comes within the scope of paragraph 3 immunity from inspection of personal baggage;

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      (d)     subject to the right of the Government to tax its nationals and permanent residents joining the staff of the System, exemption from taxation in respect of the salaries, emoluments, indemnities and pensions paid to them by the System for services past or present or in connection with their service with the System;

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      (e)     subject to the right of the Government to tax it nationals and permanent residents joining the staff of the System exemption from any form to taxation on income derived by them from sources outside Barbados;

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      (f)     exemption with respect to themselves, members of their families, and members of their household staff, from immigration restrictions and alien registration;

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      (g)     exemption from national service obligations;

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      (h)     freedom to acquire or maintain within Barbados or elsewhere foreign securities, foreign currency accounts, and other movable, and under the same conditions applicable to nationals of Barbados, immovable property: and at the termination of the System employment the right to take out of Barbados through authorised channels without prohibitions, or restriction, their funds in the same currency and up to the same amounts as they had brought into Barbados;

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      (i)     the same protection and repatriation facilities with respect to themselves, their spouses, their dependent relatives and other members of their households as are accorded in time of international crisis to members, having comparable rank, of the staff of heads of diplomatic missions accredited to Barbados; and

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      (j)     the right to import for personal use, free duty and other levies, prohibited and restrictions on imports—

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         (i)     their furniture and effects, including one automobile, in one or more separate shipments, and thereafter to import necessary additions to the same;

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         (ii)     one automobile every 3 years; and

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         (iii)     reasonable quantities of foodstuffs and other articles for personal use or consumption and not for gift or sale; the System may establish a commissary for the sale of such articles to its officials and members of delegations. A supplemental agreement shall be concluded between the System and the Government to regulate the exercise of these rights.

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   3.   In addition to the privileges and immunities specified in paragraph 2—

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      (a)     the Coordinator shall be accorded the privileges and immunities, exemptions and facilities accorded to Ambassadors who are heads of missions, including immunity from personal arrest or detention;

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      (b)     a senior officer of the System when acting on behalf of the Coordinator during his absence from duty, shall be accorded the same privileges and immunities, exemptions and facilities as are accorded to the Coordinator; and

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      (c)     Staff Officers and such additional categories of officials as may be designated, in agreement with the Government by the Coordinator on the ground of the responsibilities of their positions in the System, shall be accorded the same privileges and immunities, exemptions and facilities as the Government accords to members, having comparable rank, of the staffs of head of diplomatic missions accredited to Barbados.

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   4.   The System shall from time to time communicate to the Government the names of officers and staff to who the provisions of this Article apply.

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   5.   All persons entitled to the privileges and immunities specified in this Agreement shall be provided by the Government with a special identity card which shall serve to identify the holder in relation to the authorities of Barbados and to certify that the holder is entitled to the privileges and immunities specified in this Agreement.

ARTICLE IX
WAIVER OF IMMUNITIES AND PREVENTION OF ABUSE

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   1.   The privileges, immunities, exemptions and facilities accorded in this Agreement are granted in the interest of the System and not for the personal benefit of the individuals themselves. The System may waive the immunity accorded to any person if, in its opinion, such immunity would impede the course of justice and the waiver would not prejudice the purposes for which the immunities are accorded.

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   2.   The System shall take every measure to ensure that the privileges, immunities, exemptions and facilities conferred by this Agreement are not abused and for this purpose shall establish such rules and regulations as it may deem necessary and expedient. There shall be consultation between the Government and the System should the Government consider that an abuse has occurred.

ARTICLE X
SETTLEMENT OF DISPUTES

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   1.   The System shall make provision for appropriate methods of settlement of—

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      (a)     disputes arising out of contracts and disputes of a private law character to which the System is a party; and

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      (b)     disputes involving an official to the System, who, by reason of his official position, is entitled to immunity, if such immunity has not been waived.

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   2.   Any dispute between Government and the System concerning the interpretation or application of this Agreement or any supplementary agreements, or any questions affecting the Headquarters Seat or the relationship between the Government and the System, which is not settled by negotiation or other agreed mode of settlement, shall be referred for final decision to a tribunal of 3 arbitrators: one to be appointed by the Government, one to be appointed by the System, and the third, who shall be chairman of the tribunal, to be chosen by the first 2 arbitrators. Should the first 2 arbitrators fails to agree upon the third, the Government and the System shall request the Coordinator of the International Court of Justice to choose the third arbitrator. A majority vote of arbitrators shall be sufficient to reach a decision which shall be final and binding. The third arbitrator shall be empowered to settle all questions of procedure in any case where there is disagreement with respect thereof.

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   3.   The said tribunal shall adopt and observe the “Rule of Arbitration and Conciliation of the Permanent Court of Arbitration in the Settlement of Disputes”.

ARTICLE XI
FINAL PROVISIONS

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   1.   The System and all persons enjoying the immunities, privileges, exemptions and facilities under this Agreement shall co-operate at all times with the appropriate authorities of Barbados to facilitate the proper administration of justice and secure the observance of the laws of Barbados.

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   2.   This Agreement shall be constructed in the light of its primary purpose of enabling the System at its headquarters in Barbados fully and efficiently to discharge its responsibilities and fulfil its purposes.

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   3.   Wherever the Agreement imposes obligations which can be carried out only by authorities of Barbados other than the Government, the Government shall ensure the fulfilment of such obligations by the appropriate authorities of Barbados.

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   4.   None of the provisions of this Agreement shall derogate in any way from the rights privileges an immunities provided for or specified in the Agreement establishing the Regional Security System.

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   5.   This Agreement shall be registered with the Secretary General of the Caribbean Community.

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   6.   This Agreement may be revised at the request of either party. In this event the 2 Parties shall consult with each other concerning the revisions to be made in its provisions.

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   7.   The Government and the System may enter into such supplementary agreements as may be necessary or appropriate to the implementation of this Agreement.

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   8.   Nothing in this Agreement shall be construed to preclude the adoption of appropriate measures for the security of the State as may be determined by the Government in consultation with the System.

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   9.   This Agreement shall cease to be in force—

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      (a)     by mutual consent of the System and the Government; or

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      (b)     if the permanent headquarters of the System is removed from Barbados, except for such provisions as may be applicable in connection with the orderly termination of the operations of the System at its permanent headquarters in Barbados and the disposal of its property therein.

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   10.   This Agreement shall come into force upon signature.

IN WITNESS WHEREOF the respective representatives of the Parties, duly authorised thereto, have signed this Agreement.

CHAPTER 19.13
REGIONAL SECURITY SYSTEM ACT

SUBSIDIARY LEGISLATION

No Subsidiary Legislation