Revised Laws of Saint Lucia (2021)

Schedule 2

(Section 4)

ARTICLES OF THE CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE SPECIALISED AGENCIES HAVING THE FORCE OF LAW IN SAINT LUCIA

Article I
DEFINITIONS AND SCOPE

1.  

   Section 1 — In this Convention—

   1.  

      (i)     the words “standard clauses” refer to the provisions of Articles II to IX;

   1.  

      (ii)     the words “specialised agencies” means—

      1.  

         (a)     the International Labour Organisation;

      1.  

         (b)     the Food and Agriculture Organisation of the United Nations;

      1.  

         (c)     The United Nations Educational, Scientific and Cultural Organisation;

      1.  

         (d)     the International Civil Aviation Organisation;

      1.  

         (e)     the International Monetary Fund;

      1.  

         (f)     the International Bank for Reconstruction and Development;

      1.  

         (g)     the World Health Organisation;

      1.  

         (h)     the Universal Postal Union:

      1.  

         (i)     the International Telecommunication Union; and

      1.  

         (j)     any other agency in relationship with the United Nations in accordance with Articles 57 and 63 of the Charter;

   1.  

      (iii)     the word “Convention” means, in relation to any particular specialised agency, the standard clauses as modified by the final (or revised) text of the annex transmitted by that agency in accordance with sections 36 and 38;

   1.  

      (iv)     for the purposes of Article III, the words “property and assets” shall also include property and funds administered by a specialised agency in furtherance of its constitutional functions;

   1.  

      (v)     for the purposes of Articles V and VII, the expression” representatives of members “shall be deemed to include all representatives, alternates, advisers, technical experts and secretaries of delegations;

   1.  

      (vi)     in sections 13, 14, 15 and 25, the expression “meetings convened by a specialised agency “means meetings: (1) of its assembly and of its executive body (however designated), and (2) of any commission provided for in its constitution; (3) of any international conference convened by it; and (4) of any committee of any of these bodies;

   1.  

      (vii)     the term “executive head” means the principal executive official of the specialised agency in question, whether designated “Director General” or otherwise.

Article II
JURIDICAL PERSONALITY

1.  

   Section 3.   The specialised agencies shall possess juridical personality. They shall have the capacity (a) to contract, (b) to acquire and dispose of immovable and movable property, (c) to institute legal proceedings.

Article III
PROPERTY FUNDS AND ASSETS

1.  

   Section 4.   The specialised agencies, their property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except in so far as in any particular case they have expressly waived their immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution.

1.  

   Section 5.   The premises of the specialised agencies shall be inviolable. The property and assets of the specialised agencies, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.

1.  

   Section 6.   The archives of the specialised agencies, and in general all documents belonging to them or held by them, shall be inviolable, wherever located.

1.  

   Section 7.   Without being restricted by financial controls, regulations or moratoria of any kind:

   1.  

      (a)     the specialised agencies may hold funds, gold or currency of any kind and operate accounts in any currency;

   1.  

      (b)     the specialised agencies may freely transfer their funds, gold or currency from one country to another or within any country and convert any currency held by them into any other currency.

1.  

   Section 9.   The specialised agencies, their assets, income and other property shall be—

   1.  

      (a)     exempt from all direct taxes; it is understood, however, that the specialised agencies will not claim exemption from taxes which are, in fact, no more than charges for public utility services;

   1.  

      (b)     exempt from customs duties and prohibitions and restrictions on imports and exports in respect of articles imported or exported by the specialised agencies for their official use; it is understood, however, that articles imported under such exemptions will not be sold in the country into which they were imported except under conditions agreed to with the Government of that country;

   1.  

      (c)     exempt from duties and prohibitions and restrictions on imports and exports in respect of their publications.

1.  

   Section 10.   While the specialised agencies will not, as a general rule, claim exemption from excise duties and from taxes on the sale of movable and immovable property which forms part of the price to be paid, nevertheless when the specialised agencies are making important purchases for official use of property on which such duties and taxes have been charged or are chargeable. State parties to this Convention will, whenever possible, make appropriate administrative arrangements for the remission or return of the amount of duty or tax.

Article IV
FACILITIES IN RESPECT OF COMMUNICATIONS

1.  

   Section 11.   Each specialised agency shall enjoy, in the territory of each State party to this Convention in respect of that agency, for its official communications, treatment not less favourable than that accorded by the Government of such State to any other Government, including the latter's diplomatic mission, in the matter of priorities, rates and taxes on mails, cables, telegrams, radiograms, telephotos, telephone and other communications, and press rates for information to the press and radio.

1.  

   Section 12.   No censorship shall be applied to the official correspondence and other official communications of the specialised agencies.

1.  

   The specialised agencies shall have the right to use codes and to dispatch and receive correspondence by courier or in sealed bags, which shall have the same immunities and privileges as diplomatic couriers and bags.

1.  

   This section shall not be construed to preclude the adoption of appropriate security precautions to be determined by agreement between a State party to this Convention and a specialised agency.

Article V
REPRESENTATIVES OF MEMBERS

1.  

   Section 13.   Representatives of members at meetings convened by a specialised agency shall, while exercising their functions and during their journeys to and from the place of meeting, enjoy the following privileges and immunities—

   1.  

      (a)     immunity from personal arrest or detention and from seizure of their personal baggage, and in respect of words spoken or written and all acts done by them in their official capacity, immunity from legal process of every kind;

   1.  

      (b)     inviolability for all papers and documents;

   1.  

      (c)     the right to use codes and to receive papers or correspondence by courier or in sealed bags;

   1.  

      (d)     exemption in respect of themselves and their spouses from immigration restrictions, aliens' registration or national service obligations in the State which they are visiting or through which they are passing in the exercise of their functions;

   1.  

      (e)     the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign Governments on temporary official missions;

   1.  

      (f)     the same immunities and facilities in respect of their personal baggage as are accorded to members of comparable rank of diplomatic missions.

1.  

   Section 14.   In order to secure for the representatives of members of the specialised agencies at meetings convened by them complete freedom of speech and complete independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, although the persons concerned are no longer engaged in the discharge of such duties.

1.  

   Section 15.   Where the incidence of any form of taxation depends upon residence, periods during which the representatives of members of the specialised agencies at meetings convened by them are present in a member State for the discharge of their duties shall not be considered as periods of residence.

1.  

   Section 16.   Privileges and immunities are accorded to the representatives of members, not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the specialised agencies. Consequently, a member not only has the right but is under a duty to waive the immunity of its representatives in any case where, in the opinion of the member, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded.

1.  

   Section 17.   The provisions of sections 13, 14 and 15 are not applicable in relation to the authorities of a State of which the person is a national or of which he or she is or has been a representative.

Article VI
OFFICIALS

1.  

   Section 18.   Each specialised agency will specify the categories of officials to which the provisions of this Article and of Article VIII shall apply. It shall communicate them to the Governments of all States parties to this Convention in respect of that agency and to the Secretary General of the United Nations. The names of the officials included in these categories shall be made known to the above-mentioned Governments.

1.  

   Section 19.   Officials of the specialised agencies shall—

   1.  

      (a)     be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity;

   1.  

      (b)     enjoy the same exemptions from taxation in respect of the salaries and emoluments paid to them by the specialised agencies and on the same conditions as are enjoyed by officials of the United Nations;

   1.  

      (c)     be immune, together with their spouses and relatives dependent upon them, from immigration restrictions and alien registration;

   1.  

      (d)     be accorded the same privileges in respect of exchange of facilities as are accorded to officials of comparable rank of diplomatic missions;

   1.  

      (e)     be given, together with their spouses and relatives dependent on them, the same repatriation facilities in time of international crises as officials of comparable rank of diplomatic missions;

   1.  

      (f)     have the right to import free of duty their furniture and effects at the time of first taking up their post in the country in question.

1.  

   Section 20.   The officials of the specialised agencies shall be exempt from national service obligations. However, in relation to the State of which they are nationals, such exemption shall be confined to officials of the specialised agencies whose names have, by reason of their duties, been placed upon a list compiled by the executive head of the specialised agency and approved by the State concerned.

1.  

   Should other officials of specialised agencies be called up for national service, the State concerned shall, at the request of the specialised agency concerned, grant such temporary deferment in the call-up of such officials as may be necessary to avoid interruption in the continuation of essential work.

1.  

   Section 21.   In addition to the immunities and privileges specified in sections 19 and 20, the executive head of each specialised agency, including any official acting on his or her behalf during his or her absence from duty, shall be accorded in respect of himself or herself, his or her spouse and minor children, the privileges and immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with international law.

1.  

   Section 22.   Privileges and immunities are granted to officials in the interests of the specialised agencies only and not for personal benefit of the individuals themselves. Each specialised agency shall have the right and the duty to waive the immunity of any official in any case where, in its opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the specialised agency.

1.  

   Section 23.   Each specialised agency shall co-operate at all times with the appropriate authorities of member States to facilitate the proper administration of justice, secure the observance of police regulations and prevent the occurrence of any abuses in connection with the privileges, immunities and facilities mentioned in this Article.

Article VII
ABUSES OF PRIVILEGE

1.  

   Section 25.

   1.  

      1.     Representatives of members at meetings convened by specialised agencies, while exercising their functions and during their journeys to and from the place of meeting, and officials within the meaning of section 18, shall not be required by the territorial authorities to leave the country in which they are performing their functions on account of any activities by them in their official capacity. In the case, however, of abuse of privileges of residence committed by any such person in activities in that country outside his or her official functions, he or she may be required to leave by the Government of that country However—

   1.  

      2.

      1.  

         (I)     Representatives of members, or persons who are entitled to diplomatic immunity under section 21, shall not be required to leave the country otherwise than in accordance with the diplomatic procedure applicable to diplomatic envoys accredited to that country.

      1.  

         (II)     In the case of an official to whom section 21 is not applicable, no order to leave the country shall be issued other than with the approval of the Foreign Minister of the Country in question, and such approval shall be given only after consultation with the executive head of the specialised agency concerned; and, if expulsion proceedings are taken against an official, the executive head of the specialised agency shall have the right to appear in such proceedings on behalf of the person against whom they are instituted.

Laissez-passer

1.  

   Section 26.   Officials of the specialised agencies shall be entitled to use the United Nations laissez-passer in conformity with administrative arrangements to be concluded between the Secretary General of the United Nations and the competent authorities of the specialised agencies to which agencies special powers to issue laissez-passer may be delegated. The Secretary General of the United Nations shall notify each State party of this Convention of each administrative arrangement so concluded.

1.  

   Section 28.   Applications for visas, where required, from officials of specialised agencies holding United Nations laissez-passer, when accompanied by a certificate that they are travelling on the business of a specialised agency, shall be dealt with as speedily as possible. In addition, such persons shall be granted facilities for speedy travel.

1.  

   Section 29.   Similar facilities to those specified in section 28 shall be accorded to experts and other persons who, though not the holders of United Nations laissez-passer have a certificate that they are travelling on business of a specialised agency.

1.  

   Section 30.   The executive heads, assistant executive heads, heads of departments and other officials of a rank not lower than head of department of the specialised agencies, travelling on United Nations laissez-passer on the business of the specialised agencies, shall be granted the same facilities for travel as are accorded to officials of comparable rank in diplomatic missions.

CHAPTER 10.08
UNITED NATIONS AND SPECIALISED AGENCIES (PRIVILEGES AND IMMUNITIES) ACT

SUBSIDIARY LEGISLATION

No Subsidiary Legislation