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CHAPTER 20 - DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Diplomatic Immunities and Privileges (United Nations) Order

Diplomatic Immunities and Privileges (World Health Organisation) Order

Diplomatic Immunities and Privileges (International Court of Justice) Order

Diplomatic Immunities and Privileges (Organisation of African Unity) Order

Diplomatic Immunities and Privileges (International Red Locust Control Organisation for Central and Southern Africa) Order

Diplomatic Immunities and Privileges (International University Exchange Fund) Order

Diplomatic Immunities and Privileges (International Committee of the Red Cross) Order

Diplomatic Immunities and Privileges (African Development Fund) Order

Diplomatic Immunities and Privileges (Common Market for Eastern and Southern African States) (COMMESA) Order

Diplomatic Immunities and Privileges (Common Market for Eastern and Southern African Trade and Development Bank) Order

Diplomatic Immunities and Privileges (International Union for the Conservation of Nature and Natural Resources) Order

Diplomatic Immunities and Privileges (NORSAD Agency) Order

Diplomatic Immunities and Privileges (African Housing Fund) Order

Diplomatic Immunities and Privileges (Southern African Development Community Plant Genetic Resources Centre) Order

Diplomatic Immunities and Privileges (International Association Pan African Institute for Development) (Revocation) Order

Diplomatic Immunities and Privileges (World Fish Centre) Order

Diplomatic Immunities and Privileges (Levy Patrick Mwanawasa Regional Centre for Democracy and Good Governance) Order

Diplomatic Immunities and Privileges (ZEP-RE PTA Re-Insurance Company) Order

Diplomatic Immunities and Privileges (Turkish Cooperation and Coordination Agency) Order

Diplomatic Immunities and Privileges (International Centre for Tropical Agriculture) Order

DIPLOMATIC IMMUNITIES AND PRIVILEGES (UNITED NATIONS) ORDER

[Section 4]

Arrangement of Paragraphs

   Paragraph

   1. Short title

   2. Declaration of Organisation

   3. Body corporate

   4. Immunity from suit and legal process

   5. Inviolability of official archives and premises

   6. Relief from taxes and rates

   7. Exemption form taxes on importation or exportation of goods, subject to certain conditions

   8. Exemption from prohibitions and restrictions

   9. Reduced rates for certain telegraphic communications

   10. United Nations to include constituent parts

   11. Immunities and privileges of representatives of governments of members

   12. Interpretation

   13. Immunities and privileges of high officials of United Nations

   14. Immunities and privileges of persons employed on missions

   15. Immunities and privileges of other officials of United Nations

[Order by the President]

SI 355 of 1966.

1. Short title

This Order may be cited as the Diplomatic Immunities and Privileges (United Nations) Order.

2. Declaration of Organisation

The United Nations is hereby declared to be an Organisation of which the Government and the governments of other States are members.

3. Body corporate

The United Nations shall have the legal capacities of a body corporate.

4. Immunity from suit and legal process

Except in so far as any particular case it has expressly waived its immunity, the United Nations shall have immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

5. Inviolability of official archives and premises

The United Nations shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of the official archives and official premises of a diplomatic agent of a sending State accredited to Zambia.

6. Relief from taxes and rates

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 sending State.

7. Exemption form taxes on importation or exportation of goods, subject to certain conditions

The United Nations shall have exemption from taxes on the importation of goods directly imported by the United Nations for its official use in Zambia or for exportation, or on the importation of any publication of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Controller of Customs and Excise may prescribe for the protection of the revenue.

8. Exemption from prohibitions and restrictions

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

9. Reduced rates for certain telegraphic communications

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 Zambia), or any reduced rates applicable for the corresponding service in the case of press telegrams.

10. United Nations to include constituent parts

For the purpose of the application of this Order, the Organisation entitled United Nations shall include all of its organs, commissions, boards and other constituent parts however styled.

11. Immunities and privileges of representatives of governments of members

Except in so far as in any particular case any immunity or privilege is waived by the governments concerned, representatives of the governments of members on any organ of the United Nations or at any conference convened by the United Nations shall enjoy-

   (a)   while exercising their functions as such and during their journey to and from the place of meeting, the like immunity from personal arrest or detention and from seizure of their personal baggage and the like inviolability for all papers and documents as are accorded to a diplomatic agent of a sending State accredited to Zambia;

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

   (c)   while exercising their functions as such and during their journey to and from the place of meeting, the like exemption from taxes as is accorded to a diplomatic agent of a sending State accredited to Zambia, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage.

12. Interpretation

For the purpose of the application of this Order, the expression "representatives of the governments of members" shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations, but shall not include any person who is the representative of the Government of Zambia or any member of the staff of such a representative.

13. Immunities and privileges of high officials of United Nations

Except in so far as in any particular case any immunity or privilege is waived by the Secretary General or the Security Council of the United Nations, the Secretary General, all Personal Representatives of the Secretary General, all Under-Secretaries General of the United Nations and all Assistant Secretaries General of the United Nations, and officers of equivalent rank shall be accorded in respect of themselves, their spouses and children under the age of twenty-one 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 a diplomatic agent of a sending State accredited to Zambia, his spouse and children. They shall enjoy exemption from income tax only in respect of emoluments received by them as officers of the United Nations.

14. Immunities and privileges of persons employed on missions

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

   (a)   while performing their missions and during journeys in connection therewith, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents relating to the work of the United Nations;

   (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;

   (c)   exemption from income tax in respect of emoluments received by them for services while performing their functions as officers of the United Nations.

15. Immunities and privileges of other officials of United Nations

Except in so far as in any particular case any immunity or privilege is waived by the Secretary General of the United Nations, all officials of the United Nations (other than those referred to in paragraph 13 above) shall enjoy-

   (a)   immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

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

   (c)   the right to import free of duty their furniture and effects at the time of first taking up their post in Zambia.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (WORLD HEALTH ORGANISATION) ORDER

[Section 4]

Arrangement of Paragraphs

   Paragraph

   1. Short title

   2. Declaration of Organisation

   3. Body corporate

   4. Immunity from suit and legal process

   5. Inviolability of official archives and premises

   6. Relief from taxes and rates

   7. Exemption from taxes on importation or exportation of goods, subject to certain conditions

   8. Exemption from prohibitions and restrictions

   9. Reduced rates for certain telegraphic communications

   10. Immunities and privileges of representatives of governments of members, etc.

   11. Immunities and privileges of high officials of Organisation

   12. Immunities and privileges of persons employed on missions

   13. Immunities and privileges of other officials of Organisation

[Order by the President]

SI 354 of 1966.

1. Short title

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

2. Declaration of Organisation

The World Health Organisation is an Organisation of which the Government of the Republic of Zambia and the governments of other States are members.

3. Body corporate

The Organisation shall have the legal capacities of a body corporate.

4. Immunity from suit and legal process

Except in so far as in any particular case it has expressly waived its immunity, the Organisation shall have immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

5. Inviolability of official archives and premises

The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of the official archives and official premises of a diplomatic agent of a sending State accredited to Zambia.

6. Relief from taxes and rates

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 sending State.

7. Exemption from taxes on importation or exportation of goods, subject to certain conditions

The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Zambia or for exportation, or on the importation of any publication of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Controller of Customs and Excise may prescribe for the protection of the revenue.

8. Exemption from prohibitions and restrictions

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.

9. Reduced rates for certain telegraphic communications

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

10. Immunities and privileges of representatives of governments of members, etc.

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

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

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

   (c)   while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to a diplomatic agent of a sending State accredited to Zambia, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage.

   (2) For the purpose of the application of this Order, the expression "representatives of the governments of members" shall be deemed to include their official staffs accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations, but shall not include any person who is the representative of the Government of Zambia or any member of the staff of such a representative.

11. Immunities and privileges of high officials of Organisation

Except in so far as in any particular case any immunity or privilege is waived by the Organisation, the Director-General, any Deputy Director-General, Assistant Director-General and Regional Director of the Organisation shall be accorded in respect of themselves, their spouses and children under the age of twenty-one, 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 a diplomatic agent of a sending State accredited to Zambia, his spouse and children. They shall enjoy exemption from income tax only in respect of emoluments received by them as officers of the Organisation.

12. Immunities and privileges of persons employed on missions

Except in so far as in any particular case any immunity or 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 Organisation shall enjoy-

   (a)   while exercising their functions as such and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents relating to the work of the Organisation;

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

   (c)   exemption from income tax in respect of emoluments received by them for services while performing their functions as officers of the Organisation.

13. Immunities and privileges of other officials of Organisation

Except in so far as in any particular case any immunity or privilege is waived by the Organisation, all officials of the Organisation (other than those referred to in paragraph 11 above) shall enjoy-

   (a)   immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

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

   (c)   the right to import free of duty their furniture and effects at the time of first taking up their post in Zambia.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (INTERNATIONAL COURT OF JUSTICE) ORDER

[Section 5]

Arrangement of Paragraphs

   Paragraph

   1. Short title

   2. Immunities and privileges of Judges and Registrar

   3. Exemption from income tax

   4. Immunities and privileges of agents, counsel and advocates

[Order by the President]

SI 356 of 1966.

1. Short title

This Order may be cited as the Diplomatic Immunities and Privileges (International Court of Justice) Order.

2. Immunities and privileges of Judges and Registrar

Except in so far as in any particular case any immunity or privilege 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 and during any journey to and from the place where the court is sitting in connection with such business, enjoy the like immunity from suit and legal process and the like inviolability of residence and also, unless they are citizens of Zambia whose usual place of abode is in Zambia, the like exemption or relief from taxes as is accorded to a diplomatic agent of a sending State accredited to Zambia.

3. Exemption from income tax

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.

4. Immunities and privileges of agents, counsel and advocates

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

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

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

   (c)   when engaged on their missions before the court and during their journeys to and from the place where the court is sitting in connection with such mission, the like exemption or relief from taxes as is accorded to a diplomatic agent of a sending State accredited to Zambia, save that the relief allowed shall not include relief from customs or excise duties 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 Zambia during any period when they are present in Zambia while exercising these functions or during their journey to and from the place of meeting. The provisions of this sub-paragraph shall not apply to citizens of Zambia whose usual place of abode is in Zambia.

   (2) This paragraph shall not apply to any person acting on behalf of the Government of Zambia or to any person permanently resident in Zambia acting on behalf of any other government.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (ORGANISATION OF AFRICAN UNITY) ORDER

[Section 4]

Arrangement of Paragraphs

   Paragraph

   1. Short title

   2. Declaration under section 4

   3. Legal capacity

   4. Immunity from suit and legal process

   5. Inviolability of official archives and premises

   6. Relief from taxes and rates

   7. Exemption from taxes on importation or exportation of goods, subject to certain conditions

   8. Exemption from prohibitions and restrictions

   9. Reduced rates for certain telegraphic communications

   10. "Organisation of African Unity" to include constituent parts

   11. Immunities and privileges of representatives of governments of members

   12. Interpretation

   13. Immunities and privileges of high officials of the Organisation

   14. Immunities and privileges of persons employed on missions

   15. Immunities and privileges of other officials of the Organisation

[Order by the President]

SI 48 of 1976.

1. Short title

This Order may be cited as the Diplomatic Immunities and Privileges (Organisation of African Unity) Order.

2. Declaration under section 4

The Organisation of African Unity (hereinafter referred to as "the Organisation ") is hereby declared to be an Organisation of which the Government and certain other States are members.

3. Legal capacity

The Organisation shall have the legal capacity of a body corporate.

4. Immunity from suit and legal process

Except in so far as in any particular case it has expressly waived its immunity, the Organisation shall have immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

5. Inviolability of official archives and premises

The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of a diplomatic agent of a sending State accredited to Zambia.

6. Relief from taxes and rates

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 sending State.

7. Exemption from taxes on importation or exportation of goods, subject to certain conditions

The Organisation shall have exemption from taxes on the importation of goods directly imported by it for its official use in Zambia or for exportation, and on the importation of its own publications directly imported by it, such exemption to be subject to compliance with such conditions as the Controller of Customs and Excise may prescribe for the protection of the revenue.

8. Exemption from prohibitions and restrictions

The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by it for its official use, and in the case of its own publications directly imported or exported by it.

9. Reduced rates for certain telegraphic communications

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 dispatched from places outside Zambia), of any reduced rates applicable for the corresponding service in the case of press telegrams.

10. "Organisation of African Unity" to include constituent parts

For the purpose of the application of this Order, the Organisation entitled "Organisation of African Unity" shall include all of its organs, commissions, boards and other constituent parts however styled.

11. Immunities and privileges of representatives of governments of members

Except in so far as in any particular case any immunity or privilege is waived by the governments concerned, representatives of the governments of members on any organ of the Organisation or at any conference convened by the Organisation shall enjoy-

   (a)   while exercising their functions as such and during their journey to and from the place of meeting, the like immunity from personal arrest or detention and from seizure of their personal baggage, and the like inviolability for all papers and documents, as are accorded to a diplomatic agent of a sending State accredited to Zambia;

   (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 such representatives; and

   (c)   while exercising their functions as such representatives, and during their journey to and from the place of meeting, the like exemption from taxes as is accorded to a diplomatic agent of a sending State accredited to Zambia, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage.

12. Interpretation

For the purpose of the application of this Order, the expression "representatives of the governments of members" shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations, but shall not include any person who is the representative of the Government of Zambia or any member of the staff of such a representative.

13. Immunities and privileges of high officials of the Organisation

Except in so far as in any particular case any immunity or privilege is waived by the Administrative Secretary-General of the Organisation, all personal representatives of the Administrative Secretary-General, any Assistant Secretary-General, any Regional Director, and officers of equivalent rank shall be accorded in respect of themselves, their spouses and children under the age of twenty-one years 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 a diplomatic agent of a sending State accredited to Zambia, his spouse and children. They shall enjoy exemption from income tax only in respect of emoluments received by them as officers of the Organisation .

14. Immunities and privileges of persons employed on missions

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

   (a)   while performing their missions and during journeys in connection therewith, immunity from personal arrest or detention and from seizure of their personal baggage, and inviolability for all papers and documents relating to the work of the Organisation;

   (b)   immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions; and

   (c)   exemption from income tax in respect of emoluments received by them for services rendered in performing their functions as officers of the Organisation.

15. Immunities and privileges of other officials of the Organisation

Except in so far as in any particular case any immunity or privilege is waived by the Administrative Secretary-General of the Organisation, all officials of the Organisation (other than those referred to in paragraph 13 above) shall enjoy-

   (a)   immunity from suit and legal process in respect of words spoken or written, and all acts done, by them in the course of the performance of their official duties;

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

   (c)   the right to import free of duty their furniture and effects at the time of first taking up their post in Zambia;

Provided that an official of the Organisation who is a national of Zambia shall not be entitled under the provisions of this paragraph to import any of his furniture or effects free of duty.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (INTERNATIONAL RED LOCUST CONTROL ORGANISATION FOR CENTRAL AND SOUTHERN AFRICA) ORDER

[Section 4]

Arrangement of Paragraphs

   Paragraph

   1. Short title

   2. Declaration under section 4, Cap. 20

   3. Legal capacities

   4. Inviolability of official archives and documents

   5. Relief from taxes

   6. Exemption from taxes on importation of goods, subject to certain conditions

   7. Exemption from prohibitions and restrictions

   8. Reduced rates for certain telegraphic communications

   9. International Red Locust Control Organisation

   10. Immunities and privileges of high officials of the Organisation

   11. Immunities and privileges of persons employed on missions

   12. Immunities and privileges of other officials of the Organisation

[Order by the President]

SI 152 of 1977.

1. Short title

This Order may be cited as the Diplomatic Immunities and Privileges (International Red Locust Control Organisation for Central and Southern Africa) Order.

2. Declaration under section 4, Cap. 20

The International Red Locust Control Organisation for Central and Southern Africa (hereinafter referred to as the Organisation) is hereby declared to be an Organisation of which the Government and the governments of certain other States are members.

3. Legal capacities

The Organisation shall have the legal capacities of a body corporate.

4. Inviolability of official archives and documents

The Organisation shall have the like inviolability of official archives and all documents in its custody as is accorded in respect of the official archives and documents of a diplomatic agent of a sending State accredited to Zambia.

5. Relief from taxes

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 sending State.

6. Exemption from taxes on importation of goods, subject to certain conditions

The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Zambia or for exportation, or on the importation of any publication of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Controller of Customs and Excise may prescribe for the protection of the revenue.

7. Exemption from prohibitions and restrictions

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 its own publications directly imported or exported by it.

8. Reduced rates for certain telegraphic communications

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 dispatched from places outside Zambia), of any reduced rates applicable for the corresponding service in the case of Press telegrams.

9. International Red Locust Control Organisation

For the purpose of the application of this Order, the Organisation entitled "International Red Locust Control Organisation for Central and Southern Africa" shall include all of its organs, commissions, boards and other constituent parts however styled.

10. Immunities and privileges of high officials of the Organisation

Except in so far as in any particular case any immunity or privilege is waived by the Governing Council of the Organisation, the Director and Deputy Director of the Organisation shall be accorded in respect of themselves, their spouses and children under the age of twenty-one years, 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 a diplomatic agent of a sending State accredited to Zambia, his spouse and children. They shall enjoy exemption from income tax only in respect of emoluments received by them as officers of the Organisation.

11. Immunities and privileges of persons employed on missions

Except in so far as in any particular case any immunity or privilege is waived by the Governing Council of the Organisation, persons employed on missions on behalf of the Organisation shall enjoy-

   (a)   while performing their missions and during journeys in connection therewith, inviolability for all papers and documents relating to the work of the Organisation; and

   (b)   exemption from income tax in respect of emoluments received by them for services rendered in performing their functions on behalf of the Organisation.

12. Immunities and privileges of other officials of the Organisation

Except in so far as in any particular case any immunity or privilege is waived by the Governing Council of the International Red Locust Control Organisation , all officials of the Organisation (other than those referred to in paragraph 10) shall enjoy)-

   (a)   exemption from income tax in respect of emoluments received by them as officers or servants of the Organisation; and

   (b)   the right to import free of duty their furniture and effects at the time of first taking up their post in Zambia:

Provided that an official of the Organisation who is a national of Zambia shall not be entitled under the provisions of this paragraph to import any of his furniture or effects free of duty.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (INTERNATIONAL UNIVERSITY EXCHANGE FUND) ORDER

[Section 4]

Arrangement of Paragraphs

   Paragraph

   1. Short title

   2. Declaration under section 4, Cap. 20

   3. Legal capacities

   4. Inviolability of official archives and documents

   5. Relief from taxes

   6. Exemption from taxes on importation of goods, subject to certain conditions

   7. Exemption from prohibitions and restrictions

   8. Reduced rates for certain telegraphic communications

   9. International University Exchange Fund

   10. Immunities and privileges of high officials of the Organisation

   11. Immunities and privileges of persons employed on missions

   12. Immunities and privileges of other officials of the Organisation

[Order by the President]

SI 46 of 1978.

1. Short title

This Order may be cited as the Diplomatic Immunities and Privileges (International University Exchange Fund) Order.

2. Declaration under section 4, Cap. 20

The International University Exchange Fund (hereinafter referred to as the Organisation ) is hereby declared to be an Organisation of which the Government and the Governments of certain other States are members.

3. Legal capacities

The Organisation shall have the legal capacities of a body corporate.

4. Inviolability of official archives and documents

The Organisation shall have the like inviolability of official archives and all documents in its custody as is accorded in respect to the official archives and documents of a diplomatic agent of a sending State accredited to Zambia.

5. Relief from taxes

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 sending State.

6. Exemption from taxes on importation of goods, subject to certain conditions

The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Zambia or for exportation, or on the importation of any publication of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Controller of Customs and Excise may prescribe for the protection of the revenue.

7. Exemption from prohibitions and restrictions

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 its own publications directly imported or exported by it.

8. Reduced rates for certain telegraphic communications

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 dispatched from places outside Zambia), of any reduced rates applicable for the corresponding service in the case of Press telegrams.


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9. International University Exchange Fund

For the purpose of the application of this Order, the Organisation entitled "International University Exchange Fund" shall include all its organs, commissions, boards and other constituent parts, however styled.

10. Immunities and privileges of high officials of the Organisation

Except in so far as in any particular case any immunity or privilege is waived by the Governing Council of the Organisation , the Director and the Deputy Director of the Organisation shall be accorded in respect of themselves, their spouses and children under the age of twenty-one years, the like immunity from suit and legal process, the like inviolability of residence and the like exemption of relief from taxes as is accorded to a diplomatic agent of a sending State accredited to Zambia, his spouse and children. They shall enjoy exemption from income tax only in respect of emoluments received by them as officers of the Organisation.

11. Immunities and privileges of persons employed on missions

Except in so far as in any particular case any immunity or privilege is waived by the Governing Council of the Organisation, persons employed on missions on behalf of the Organisation shall enjoy-

   (a)   while performing their missions and during journeys in connection therewith, inviolability for all papers and documents relating to the work of the Organisation; and

   (b)   exemption from income tax in respect of emoluments received by them for services rendered in performing their functions on behalf of the Organisation.

12. Immunities and privileges of other officials of the Organisation

Except in so far as in any particular case any immunity or privilege is waived by the Governing Council of the International University Exchange Fund, all officials of the Organisation (other than those referred to in paragraph 10) shall enjoy-

   (a)   exemption from income tax in respect of emoluments received by them as officers or servants of the Organisation; and

   (b)   the right to import free of duty their furniture and effects at the time of first taking up their post in Zambia:

Provided that an official of the Organisation who is a national of Zambia shall not be entitled under the provisions of this paragraph to import any of his furniture or effects free of duty.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (INTERNATIONAL COMMITTEE OF THE RED CROSS) ORDER

[Section 4]

Arrangement of Paragraphs

   Paragraph

   1. Short title

   2. Declaration under section 4, Cap. 20

   3. Legal capacities

   4. Inviolability of official archives and documents

   5. Relief from taxes

   6. Exemption from taxes on importation of goods, subject to certain conditions

   7. Exemption from prohibitions and restrictions

   8. Reduced rates for certain telegraphic communications

   9. International Committee of the Red Cross

   10. Immunities and privileges of high officials of the Organisation

   11. Immunities and privileges of persons employed on missions

   12. Immunities and privileges of other officials of the Organisation

[Order by the President]

SI 47 of 1978.

1. Short title

This Order may be cited as the Diplomatic Immunities and Privileges (International Committee of the Red Cross) Order.

2. Declaration under section 4, Cap. 20

The International Committee of the Red Cross (hereinafter referred to as the Organisation ) is hereby declared to be an Organisation of which the Government and the Governments of certain other States are members.

3. Legal capacities

The Organisation shall have the legal capacities of a body corporate.

4. Inviolability of official archives and documents

The Organisation shall have the like inviolability of official archives and all documents in its custody as is accorded in respect of the official archives and documents of a diplomatic agent of a sending State accredited to Zambia.

5. Relief from taxes

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 sending State.

6. Exemption from taxes on importation of goods, subject to certain conditions

The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Zambia or for exportation, or on the importation of any publication of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Controller of Customs and Excise may prescribe for the protection of the revenue.

7. Exemption from prohibitions and restrictions

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 its own publications directly imported or exported by it.

8. Reduced rates for certain telegraphic communications

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 dispatched from places outside Zambia), of any reduced rates applicable for the corresponding service in the case of Press telegrams.

9. International Committee of the Red Cross

For the purposes of the application of this Order, the Organisation entitled "International Committee of the Red Cross" shall include all its organs, commissions, boards and other constituent parts, however styled.

10. Immunities and privileges of high officials of the Organisation

Except in so far as in any particular case any immunity or privilege is waived by the Governing Council of the Organisation, the Director and the Deputy Director of the Organisation shall be accorded in respect of themselves, their spouses and children under the age of twenty- one years, the like immunity from suit and legal process, the like inviolability of residence and the like exemption of relief from taxes as is accorded to a diplomatic agent of a sending State accredited to Zambia, his spouse and children. They shall enjoy exemption from income tax only in respect of emoluments received by them as officers of the Organisation.

11. Immunities and privileges of persons employed on missions

Except in so far as in any particular case any immunity or privilege is waived by the Governing Council of the Organisation, persons employed on missions on behalf of the Organisation shall enjoy-

   (a)   while performing their missions and during journeys in connection therewith, inviolability for all papers and documents relating to the work of the Organisation; and

   (b)   exemption from income tax in respect of emoluments received by them for services rendered in performing their functions on behalf of the Organisation.

12. Immunities and privileges of other officials of the Organisation

Except in so far as in any particular case any immunity or privilege is waived by the Governing Council of the International Committee of the Red Cross, all officials of the Organisation (other than those referred to in paragraph 10) shall enjoy-

   (a)   exemption from income tax in respect of emoluments received by them as officers or servants of the Organisation; and

   (b)   the right to import free of duty their furniture and effects at the time of first taking up their post in Zambia:

Provided that an official of the Organisation who is a national of Zambia shall not be entitled under the provisions of this paragraph to import any of his furniture or effects free of duty.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (AFRICAN DEVELOPMENT FUND) ORDER

[Section 4]

Arrangement of Paragraphs

   Paragraph

   1. Short title

   2. Declaration under section 4 Cap. 20

   3. Legal capacities

   4. Immunity from suit and legal process

   5. Inviolability of official archives and premises

   6. Relief from taxes

   7. Exemption from taxes on importation of goods, subject to certain conditions

   8. Exemption from prohibitions and restrictions

   9. Reduced rates for certain telegraphic communications

   10. African Development Fund

   11. Immunities and privileges of high officials of the Organisation

   12. Immunities and privileges of persons employed on mission

   13. Immunities and privileges of the officials of the Organisation

[Order by the President]

SI 133 of 1981.

1. Short title

This Order may be cited as the Diplomatic Immunities and Privileges (African Development Fund) Order.

2. Declaration under section 4 Cap. 20

The African Development Fund (hereinafter referred to as "the Organisation") is hereby declared to be an Organisation of which the Government and the governments of certain other States are members.

3. Legal capacities

The Organisation shall have the legal capacities of a body corporate.

4. Immunity from suit and legal process

   (1) The Organisation shall be immune from any legal suit or process except in cases arising out of, or in connection with, the exercise of its powers to receive loans.

   (2) The Organisation and its property and assets shall be immune from all forms of seizure, requisition, confiscation, expropriation or any other form of taking or foreclosure.

5. Inviolability of official archives and premises

The Organisation shall have the like inviolability of official archives and all documents in its custody as is accorded in respect of the official archives and documents of a diplomatic agent of a sending State accredited to Zambia.

6. Relief from taxes

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 sending State.

7. Exemption from taxes on importation of goods, subject to certain conditions

The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Zambia or for exportation, or on the importation of any publication of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Controller of Customs and Excise may prescribe for the protection of revenue.

8. Exemption from prohibitions and restrictions

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 its own publications directly imported or exported by it.

9. Reduced rates for certain telegraphic communications

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 dispatched from places outside Zambia), of any reduced rates applicable for the corresponding service in the case of Press telegrams.

10. African Development Fund

For the purposes of the application of this Order, the Organisation entitled "African Development Fund" shall include all its organs, commissions, boards and other constituent parts however styled.

11. Immunities and privileges of high officials of the Organisation

Except in so far as in any particular case any immunity or privilege is waived by the Board of Governors of the Organisation, the Governors, Directors and their alternatives and the President of the Organisation shall be accorded in respect of themselves, their spouses and children below the age of twenty-one years, the like immunity from suit and legal process, the like inviolability of residence and the like exemption of relief from taxes as is accorded to a diplomatic agent of a sending State accredited to Zambia, his spouse and children. They shall enjoy exemption from income tax only in respect of emoluments received by them as officers of the Organisation.

12. Immunities and privileges of persons employed on mission

Except in so far as in any particular case any immunity or privilege is waived by the Board of Governors of the Organisation, persons employed on mission on behalf of the Organisation shall enjoy-

   (a)   while performing their missions and during journeys in connection therewith, inviolability for all papers and documents relating to the work of the Organisation; and

   (b)   exemption from income tax in respect of emoluments received by them for services rendered in performing their functions on behalf of the Organisation.

13. Immunities and privileges of the officials of the Organisation

Except in so far as in any particular case any immunity or privilege is waived by the Board of Governors of the Organisation, all officials of the Organisation (other than those referred to in paragraph 11) shall enjoy-

   (a)   exemption from income tax in respect of emoluments received by them as officers or servants of the Organisation; and

   (b)   the right to import free of duty furniture and effects at the time of first taking up their post in Zambia:

Provided that an official of the Organisation s who is a national of Zambia shall not be entitled under the provisions of this paragraph to import any of his furniture or effects free of duty.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (COMMON MARKET FOR EASTERN AND SOUTHERN AFRICAN STATES) (COMMESA) ORDER

[Section 4]

Arrangement of Paragraphs

   Paragraph

   1. Short title

   2. Declaration under section 4, Cap. 20

   3. Legal capacity

   4. Immunity from suit and legal process

   5. Inviolability of official archives and premises

   6. Relief from taxes and rates

   7. Exemption from taxes on importation or exportation of goods subject to certain conditions

   8. Exemption from prohibitions and restrictions

   9. Reduced rates for certain telegraphic communications

   10. "Common Market for Eastern and Southern African States" to include constituent parts

   11. Immunities and privileges of representatives of member States

   12. Interpretation

   13. Immunities and privileges of high officials of the COMMESA

   14. Immunities and privileges of persons employed on missions

   15. Immunities and privileges of other officials of the COMMESA

[Order by the President]

SI 23 of 1984.

1. Short title

This Order may be cited as the Diplomatic Immunities and Privileges (Common Market for Eastern and Southern African States) Order.

2. Declaration under section 4, Cap. 20

The Common Market for Eastern and Southern African States (hereinafter referred to as "COMMESA") is hereby declared to be an Organisation of which the Government and the governments of certain other States are members.

3. Legal capacity

The COMMESA shall have the legal capacity of a body corporate.

4. Immunity from suit and legal process

Except in so far as in any particular case it has expressly waived its immunity, the COMMESA shall have immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

5. Inviolability of official archives and premises

The COMMESA shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of a diplomatic agent of a sending State accredited to Zambia.

6. Relief from taxes and rates

The COMMESA shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a sending State.

7. Exemption from taxes on importation or exportation of goods subject to certain conditions

The COMMESA shall have exemption from taxes on the importation of goods directly imported by it for its official use in Zambia or for exportation, and on the importation of its own publications directly imported by it, such exemption to be subject to compliance with such conditions as the Controller of Customs and Excise may prescribe for the protection of the revenue.

8. Exemption from prohibitions and restrictions

The COMMESA shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by it for its official use, and in the case of its own publications directly imported or exported by it.

9. Reduced rates for certain telegraphic communications

The COMMESA 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 dispatched from places outside Zambia), of any reduced rates applicable for the corresponding service in the case of press telegrams.

10. "Common Market for Eastern and Southern African States" to include constituent parts

For the purpose of the application of this Order, the Organisation entitled "Common Market for Eastern and Southern African States" shall include all its organs, commissions, boards and other constituent parts however styled.

11. Immunities and privileges of representatives of member States

Except in so far as in any particular case any immunity or privilege is waived by the government concerned, representatives of the member States on any organ of the COMMESA or at any conference convened by the COMMESA shall enjoy-

   (a)   while exercising their functions as such and from the place of meeting, the like immunity from personal arrest or detention and from seizure of their personal baggage, and the like inviolability for all papers and documents, as are accorded to a diplomatic agent of a sending State accredited to Zambia;

   (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 such representatives; and

   (c)   while exercising their functions as such representatives, and during their journey to and from the place of meeting, the like exemption from taxes as is accorded to a diplomatic agent accredited to Zambia, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage.

12. Interpretation

For the purpose of the application of this Order, the expression "representative of member States" shall be deemed to include representatives, deputy representatives, advisors, technical experts and secretaries of delegations, but shall not include any person who is the representative of the Government of Zambia or any person who is a member of the staff of a representative.

13. Immunities and privileges of high officials of the COMMESA

Except in so far as in any particular case any immunity or privilege is waived by the Council of Ministers of the COMMESA or by the Secretary-General of the COMMESA, the Secretary-General of the COMMESA and such of his immediate assistants as may be agreed between the COMMESA and the Government of Zambia, shall be accorded in respect of themselves, their spouses and children under the age of eighteen years, 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 a diplomatic agent of a sending State accredited to Zambia, his spouse and children. They shall enjoy exemption from income tax only in respect of emoluments received by them as officers of the COMMESA.

14. Immunities and privileges of persons employed on missions

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

   (a)   while performing their missions and during journeys in connection therewith, immunity from personal arrest or detention and from seizure of their personal baggage, and inviolability for all papers and documents relating to the work of the COMMESA;

   (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; and

   (c)   exemption from income tax in respect of emoluments received by them for services rendered in performing their functions as officers of the COMMESA:

Provided that this sub-paragraph shall not apply to any citizen or permanent resident of Zambia who is an officer of the COMMESA based in Zambia.

15. Immunities and privileges of other officials of the COMMESA

Except in so far as in any particular case any immunity or privilege is waived by the Secretary-General of the COMMESA, officials of the COMMESA who shall be designated by the Secretary-General of the COMMESA for this purpose (other than those referred to in paragraph 13) shall enjoy-

   (a)   immunity from suit and legal process in respect of words spoken or written, and all acts done, by them in the course of the performance of their official duties;

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

   (c)   the right to import free of duty, within six months of their arrival in Zambia or such reasonable time as may be agreed upon between the Government of Zambia and the Secretary-General of the COMMESA in each individual case, their furniture and personal effects, including one motor vehicle, at the time of first taking up their post in Zambia;

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

   (e)   immunity, together with their families, from immigration restrictions and alien registration;

   (f)   immunity from national service obligations;

   (g)   the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions accredited to Zambia;

   (h)   the same repatriation facilities in time of international crisis, together with members of their families and their personal employees, as diplomatic envoys; and

   (i)   exemption for officials of the COMMESA from any form of direct taxation on income derived from sources outside the Republic of Zambia and the freedom to maintain within the Republic of Zambia, or elsewhere, foreign securities and other moveable and immoveable property whilst employed by the COMMESA, and at the time of termination of such employment, the right to take out of Zambia funds in non-Zambian currencies without any restrictions or limitations provided that such officials show good cause for their lawful possession of such funds:

Provided that the provisions of sub-paragraphs (b), (c), (f), (g), (h) and (i) shall not apply to any officer or servant of the COMMESA who is a citizen or permanent resident of Zambia and is based in Zambia.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (COMMON MARKET FOR EASTERN AND SOUTHERN AFRICAN TRADE AND DEVELOPMENT BANK) ORDER

[Section 4]

Arrangement of Paragraphs

   Paragraph

   1. Short title

   2. Declaration under section 4 Cap. 20

   3. Legal capacity

   4. Immunity from suit and legal process

   5. Inviolability of official archives and premises

   6. Official communication accorded to be same as that of international Organisation and diplomatic missions

   7. Exemption from taxes and customs duties, etc.

   8. Relief from rates and taxes on obligations or securities guaranteed by COMMESA Bank

   9. Privileges and immunities of governments

   10. Facilities and courtesies of representatives, bank officials and COMMESA experts

[Order by the President]

SI 123 of 1992.

1. Short title

This Order may be cited as the Diplomatic Immunities and Privileges (Common Market for Eastern and Southern African Development Bank) Order.

2. Declaration under section 4 Cap. 20

The Eastern and Southern African Trade and Development Bank (hereinafter referred to as "the COMMESA Bank") is hereby declared to be an Organisation of which the Government and governments of certain other States are members.

3. Legal capacity

The COMMESA Bank shall have the legal capacity of a body corporate.

4. Immunity from suit and legal process

Except in so far as in any particular case it has expressly waived its immunity, the COMMESA Bank shall have immunity from suit and legal process:

Provided that no waiver of immunity shall be deemed to extend to any measure of execution.

5. Inviolability of official archives and premises

The COMMESA Bank shall have the like inviolability of official archives and premises occupied offices as is accorded in respect of a diplomatic agent of a sending State accredited to Zambia.

6. Official communication accorded to be same as that of international Organisation and diplomatic missions

The official communications of the COMMESA Bank shall be accorded the same treatment that is accorded to official communications of international Organisation s and diplomatic missions.

7. Exemption from taxes and customs duties, etc.

   (1) The COMMESA Bank, its property, other assets, income and its operations and transactions, shall be exempt from all taxation and from all customs and prohibitions and restrictions on imports or exports in respect of articles imported or exported by the COMMESA Bank for its official use.

   (2) The COMMESA Bank shall also be exempt from any obligations relating to the payment, withholding or collection of any tax or duty.

8. Relief from rates and taxes on obligations or securities guaranteed by COMMESA Bank

The COMMESA Bank shall have the like exemption from rates and from taxes on any obligations or securities issued securities guaranteed by it including any dividends or interest thereon, by whomsoever, held as is accorded to a sending State.

9. Privileges and immunities of governments

The governors, directors and alternate Directors, officers and staff, of the COMMESA Bank shall enjoy the same privileges and immunities as those accorded to the officials of the COMMESA of a similar rank under the Diplomatic Immunities and Privileges (COMMESA) Order, 1984.

10. Facilities and courtesies of representatives, bank officials and COMMESA experts

The representatives of the COMMESA Bank, Member States, COMMESA Bank officials and experts providing advice and assistance to the COMMESA Bank shall have such facilities and courtesies as are necessary for the exercise of their functions in connection with the COMMESA Bank.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (INTERNATIONAL UNION FOR THE CONSERVATION OF NATURE AND NATURAL RESOURCES) ORDER

[Section 4]

Arrangement of Paragraphs

   Paragraph

   1. Short title

   2. Declaration under section 4 Cap. 20

   3. Legal capacity

   4. Immunity from suit and legal process

   5. Inviolability of official archives and premises

   6. Official communication to be accorded same treatment as that of international Organisations and diplomatic missions

   7. Exemption from taxes and customs duties etc.

   8. Relief from rates and taxes on obligations or securities guaranteed by IUCN

   9. Privileges and immunities of IUCN officials

SI 29 of 1993.

1. Short title

This Order may be cited as the Diplomatic Immunities and Privileges (International Union for the Conservation of Nature and Natural Resources) Order.

2. Declaration under section 4 Cap. 20

The International Union for the Conservation of Nature and Natural Resources (hereinafter referred to as "the IUCN") is hereby declared to be an Organisation of which the Government and governments of certain other States are members.

3. Legal capacity

The IUCN shall have the legal capacity of a body corporate.

4. Immunity from suit and legal process

Except in so far as in any particular case it has expressly waived its immunity, the IUCN shall have immunity from suit and legal process:

Provided that no waiver of immunity shall be deemed to extend to any measure of execution.

5. Inviolability of official archives and premises

The IUCN shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of a diplomatic agent of a sending State accredited to Zambia.

6. Official communication to be accorded same treatment as that of international Organisations and diplomatic missions

The official communications of the IUCN shall be accorded the same treatment as that accorded to official communications of international Organisation s and diplomatic missions.

7. Exemption from taxes and customs duties etc.

   (1) The IUCN, its operations and transactions, shall be exempt from all taxation and from all customs, prohibitions and restrictions on imports and exports in respect of articles imported or exported by the IUCN for its official use.

   (2) The IUCN shall also be exempt from any obligations relating to the payment, withholding or collection of any tax or duty.

8. Relief from rates and taxes on obligations or securities guaranteed by IUCN

The IUCN shall have the like exemption from rates and from taxes on any obligations or securities issued and securities guaranteed by it including any dividends or interest thereon, by whomsoever held, as is accorded to a sending State.

9. Privileges and immunities of IUCN officials

The officials of IUCN, including advisors and consultants, participants of conferences and seminars organised by the IUCN Office shall, while in the territory of Zambia, enjoy-

   (a)   immunity from legal process of any kind in respect of words spoken or written and all acts performed by them in and during their official duties, and this immunity shall continue notwithstanding that the persons concerned may have ceased to be officials of the IUCN office.

   (b)   exemption for officials of the IUCN Office who are not nationals or residents including their dependants from all resident and local taxes, including taxes imposed on personal income such as salaries, emoluments, indemnities and pensions paid to them by the IUCN office:

Provided that all the conditions, rules and regulations applicable in this connection to officials of other international Organisation s who are posted in Zambia and have been granted similar status by the Government shall equally apply to the said officials of the IUCN office;

   (c)   Immunity from national service obligations:

Provided that with respect to Zambian nationals, such exemptions shall be confined to officials whose name shall by reason of their duties, be placed on a list compiled by the Director-General of the IUCN and approved by the Government;

   (d)   subject to the prevailing exchange control regulations the same privileges in respect of monetary exchange facilities as are accorded to officials of comparable rank forming part of diplomatic missions to the Government;

   (e)   the same repatriation facilities in time of national and international crisis together with members of their families and their personal employees as those accorded to diplomatic envoys;

   (f)   exemption for officials of the IUCN office, other than officials who are nationals of Zambia or who are permanent foreign residents of Zambia, from any form of direct taxation on income derived from sources outside Zambia;

   (g)   in the case of officials of the IUCN Office who have been granted diplomatic status by the Government and who have been resident in Zambia for not more than three years or such other period as may be agreed to by the Government, freedom, on the same conditions, rules and regulations as those applicable to officials of other international Organisation s who are posted in Zambia and have been granted diplomatic status by the Government, to acquire and maintain within Zambia out of funds derived from sources outside Zambia;

   (h)   the right to import and export free of duties, taxes and other levies, prohibitions and restrictions on imports, articles intended for their personal and household use including one motor vehicle for personal use:

Provided that such articles are owned and imported by the officials at the time of their first arrival in Zambia, and at reasonable intervals;

   (i)   in the event of fire, theft or an accident causing major damage to a motor vehicle acquired under the Agreement, the privilege of tax and duty-free purchase of a replacement vehicle, subject to the regulations governing sale or disposal of vehicles for officials of international Organisation s who are posted in Zambia;

In this paragraph "Agreement" means the Agreement between the Government of Zambia and the International Union for Conservation of Nature and Natural Resources.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (NORSAD AGENCY) ORDER

[Section 4]

Arrangement of Paragraphs

   Paragraph

   1. Short title

   2. Declaration under section 4 Cap. 20

   3. Legal capacity

   4. Immunity from suit and legal process

   5. Inviolability of official archives and premises

   6. Relief from taxes and rates

   7. Exemption from taxes on importation or exportation of goods, certain conditions

   8. Exemption from prohibitions and restrictions

   9. Reduced rates for certain telegraphic communications

   10. Immunities and privileges of representatives of member states

   11. Immunities and privileges of high officials of Agency

   12. Immunities and privileges of persons employed on missions

   13. Immunities and privileges of other officials of the Agency

   14. Interpretation

[Order by the President]

SI 112 of 1993.

1. Short title

This Order may be cited as the Diplomatic Immunities and Privileges (NORSAD Agency) Order.

2. Declaration under section 4 Cap. 20

The Norsad Agency (hereinafter referred to as the Agency) an Organisation of which other governments or certain other States are members.

3. Legal capacity

The Agency shall have the legal capacity of a body corporate.

4. Immunity from suit and legal process

Except in so far as in any particular case it has expressly waived its immunity, the Agency shall have immunity from suit and legal process:

Provided that no waiver of immunity shall be deemed to extend to any measure of execution.

5. Inviolability of official archives and premises

The Agency shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of a diplomatic agent of a sending State accredited to Zambia.

6. Relief from taxes and rates

The Agency shall have the like exemption or relief from taxes and rates, as is accorded to a sending State.

7. Exemption from taxes on importation or exportation of goods, certain conditions

The Agency shall have exemption on the importation of goods directly imported by it for its official use in Zambia or for exportation, and on the importation of its publications directly imported by it, such exemption to be subject to compliance with such conditions as the Controller of Customs and Excise may prescribe from the protection of the revenue.

8. Exemption from prohibitions and restrictions

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

9. Reduced rates for certain telegraphic communications

The Agency 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 dispatched from places outside Zambia), or any reduced rates applicable for the corresponding service in the case of press telegrams.

10. Immunities and privileges of representatives of member states

   (1) Except in so far as in any particular case any privileges or immunities is waived by the government concerned, representatives of member states on any organ of the Agency, or at any conference convened by the Agency shall enjoy-

   (a)   while exercising their functions as such and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage, and like inviolability for all papers and documents as are accorded to a diplomatic agent of a sending state accredited to Zambia;

   (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; and

   (c)   while exercising their functions as such representatives and during their journey to and from the place of meeting, the like exemption from taxes as is accorded to a diplomatic agent accredited to Zambia, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage.

11. Immunities and privileges of high officials of Agency

Except in so far as in any particular case any immunity or privilege is waived by the Agency, the Director and Deputy Director of the Agency as may be agreed between the Agency and the Government of Zambia, shall be accorded in respect of themselves, their spouses and children under the age of eighteen, 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 a diplomatic agent of a sending State accredited to Zambia, his spouse and children; they shall enjoy exemption from income tax only in respect of emoluments received by them as officers of the Agency.

12. Immunities and privileges of persons employed on missions

Except in so far as in any particular case any immunity or privilege is waived by the Agency, persons serving on committees of, or employed on missions on behalf of the Agency shall enjoy-

   (a)   while performing their functions and during their journeys, immunity from personal arrest or detention and from seizure of their personal baggage, and inviolability for all papers and documents relating to the work of the Agency;

   (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; and

   (c)   exemption from income tax in respect of emoluments received by them for services rendered in performing their functions as officers of the Agency.

13. Immunities and privileges of other officials of the Agency

Except in so far as in any particular case any immunity or privilege is waived by the Agency, officials of the Agency, other than those referred to in paragraph 11, shall enjoy-

   (a)   immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

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

   (c)   the right to import free of duty, within six months of their arrival in Zambia or such reasonable time as may be agreed upon between the Government of Zambia and the Agency in each individual case their furniture and personal effects, at the time of first taking up their post in Zambia;

   (d)   immunity, from seizure of their personal or official baggage;

   (e)   immunity together with their families, from immigration restrictions and alien registration;

   (f)   immunity from national service obligations;

   (g)   the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions accredited to Zambia;

   (h)   the same repatriation facilities in time of international crisis, together with members of their families and their personal employees; and

   (i)   exemption for officials of the Agency from any form of direct taxation on income derived from sources, outside the Republic of Zambia, or elsewhere, foreign securities and other moveable property whilst employed by the Agency, and at the time of termination of such employment, the right to take out of Zambia funds in non Zambian currencies without any restrictions or limitations:

Provided that such officials show good cause for their lawful possession of such funds.

14. Interpretation

For the purpose of the application of this Order, the expression "representative member states" shall be deemed to include representatives, deputy representatives, advisers, technical experts and secretaries of delegations, but shall not include any person who is the representative of the Government of Zambia or any person who is a member of the staff of a representative.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (AFRICAN HOUSING FUND) ORDER

[Section 4]

Arrangement of Paragraphs

   Paragraph

   1. Short title

   2. Declaration under section 4

   3. Legal capacity

   4. Immunity from suit and legal process

   5. Inviolability of official archives and premises

   6. Official communication to be accorded same treatment as that of international Organisations and diplomatic missions

   7. Exemption from taxes and rates

   8. Relief from rates and taxes on obligations or securities guaranteed by Fund

   9. Privileges and immunities of Fund officials

[Order by the President]

SI 177 of 1996.

1. Short title

This Order may be cited as the Diplomatic Immunities and Privileges (African Housing Fund) Order.

2. Declaration under section 4

The African Housing Fund (hereinafter referred to as "the Fund") is hereby declared to be an Organisation of which the Government is a member and of which other States are members.

3. Legal capacity

The Fund shall have the legal capacity of a body corporate.

4. Immunity from suit and legal process

Except in so far as in any particular case it has expressly waived its immunity, the Fund shall have immunity from suit and legal process:

Provided that no waiver of immunity shall be deemed to extend to any measure of execution.

5. Inviolability of official archives and premises

The Fund shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of a diplomatic agent of a sending State accredited to Zambia.

6. Official communication to be accorded same treatment as that of international Organisations and diplomatic missions

The official communications of the Fund shall be accorded the same treatment as that accorded to official communications of international Organisations and diplomatic missions.

7. Exemption from taxes and rates

   (1) The Fund, it operations and transactions, shall be exempt from all taxation and from all customs, prohibitions and restrictions on imports and exports in respect of articles imported by the Fund for its official use.

   (2) The Fund shall also be exempt from any obligations relating to the payment, withholding or collection of any tax or duty.

8. Relief from rates and taxes on obligations or securities guaranteed by Fund

The Fund shall have the like exemption from rates and from taxes on any obligations or securities issued and securities guaranteed by it including any dividends or interest thereon, by whomsoever held, as is accorded to a sending State.

9. Privileges and immunities of Fund officials

   (1) The Director and the Deputy Director shall be accorded full diplomatic status.

   (2) The approved technical staff and experts of the Fund shall be accorded immunities and privileges accorded to members of the administrative staff of diplomatic missions accredited to Zambia.

   (3) The participants of conferences and seminars organised by the Fund shall, while in the territory of Zambia enjoy-

   (a)   immunity from legal process of any kind in respect of words spoken or written and all acts performed by them in and during their official duties, and this immunity shall continue in relation to all acts officially performed by them while into office when such persons cease to be officials of the Fund;

   (b)   exemption, for officials of the Fund who are not nationals or residents including their dependants, from all resident and local taxes including taxes imposed on personal income such as salaries and pensions paid to them by the Fund:

Provided that all the conditions, rules and regulations, applicable in this connection to officials of other international Organisation s who are posted in Zambia and have been granted similar status by the Government shall equally apply to the officials of the Fund;

   (c)   immunity from national service obligations:

Provided that with respect to Zambian nationals, such exemptions shall be confined to officials whose names shall, by reason of their duties, be placed on a list compiled by the Fund and approved by the Government;

   (d)   subject to the prevailing exchange control regulations, the same privileges in respect of monetary exchange facilities as are accorded to officials of comparable rank forming part of diplomatic missions to the Government;

   (e)   the same repatriation facilities in time of national and international crisis together with members of their families and their personal employees as those accorded to diplomatic envoys;

   (f)   exemption, for officials of the Fund other than officials who are nationals of Zambia or who are permanent foreign residents of Zambia, from any form of direct taxation on income derived from sources outside Zambia;

   (g)   in the case of officials of the Fund who have been granted diplomatic status by the Government and who have been resident in Zambia for not more than three years or such other period as may be agreed to by the Government, freedom, on the same conditions, rules and regulations as those applicable to officials of other international Organisation s who are posted in Zambia and have been granted diplomatic status by the Government, to acquire and maintain funds within Zambia;

   (h)   the right to import and export, free of duties, taxes and other levies, prohibitions and restrictions on imports or exports, articles intended for their personal and household use including one motor vehicle for personal use:

Provided that such articles are owned and imported by the officials at the time of their first arrival in Zambia, and at reasonable intervals;

   (i)   in the event of fire, theft or an accident causing major damage to a motor vehicle acquired under the Statute, the privilege of tax and duty-free purchase of a replacement vehicle, subject to the regulations governing sale or disposal of vehicles for officials of international Organisation s who are posted in Zambia.

In this paragraph, "Statue" means the statute establishing the African Housing Fund and signed between Zambia and other members of the African Housing Fund on 26th May, 1988, in Nairobi, Kenya.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (SOUTHERN AFRICAN DEVELOPMENT COMMUNITY PLANT GENETIC RESOURCES CENTRE) ORDER

[Section 4]

Arrangements of Paragraphs

   Paragraphs

   1. Title

   2. Declaration under Section 4

   3. Legal capacity

   4. Immunity from suit and legal process

   5. Inviolability of official archives and premises

   6. Official communication to be accorded same treatment as that international organisations and diplomatic missions

   7. Exemption from taxes on importation and exportation of goods subject to certain conditions

   8. Relief from taxes and taxes on obligations or securities guaranteed by SPGRC

   9. Reduced rates for certain telegraphic communications

   10. "Southern African Development Community Plant Genetic Resources Centre" to include parts

   11. Immunities and privileges of representatives of member states

   12. Interpretation

   13. Immunities and privilege of high officials of SPGRC

   14. Immunities and privileges of persons employed on mission

   15. Immunities and privileges of other officials of the SPGRC

   16. Immunities and Privileges of locally recruited staff

SI 64 of 2001.

1. Title

This order may be cited as the Diplomatic Immunities and Privileges (Southern African Development Community Plant Genetic Resources Centre) Order, 2001.

2. Declaration under Section 4

The Southern African Development Community Plant Genetic Resources Centre (in this order referred to as "the SPGRC" is hereby declared to be an organisation of which the Government and the governments of certain other States are members.

3. Legal capacity

The SPGRC shall have the legal capacity of a body corporate.

4. Immunity from suit and legal process

Except in so far as in any particular case it has expressly waived its immunity, the SPGRC shall have immunity from suit and legal process; provided that the waiver of immunity shall not be deemed to extend to any measure of execution.

5. Inviolability of official archives and premises

The SPGRC shall have the like inviolability of official achieves and premises occupied as office as is accorded in respect of a diplomatic agent of a sending State accredited to Zambia.

6. Official communication to be accorded same treatment as that international organisations and diplomatic missions

The official communications of the SPGRC shall accord the same treatment as that accorded to official communication of international organisations and diplomatic missions.

7. Exemption from taxes on importation and exportation of goods subject to certain conditions

   (1) The SPGRC, its operations and transactions shall be exempted from all taxation and from all customs, prohibitions and restrictions on imports and exports and in respect of articles imported by SPGRC for its official use:

Provided that such article imported shall not be sold or otherwise disposed of in Zambia except in accordance with the conditions determined by the Commissioner-General under the Customs and Excise Act.

   (2) The SPGRC shall be exempt from any obligations relating to payment of withholding or collection of any tax or duty.

8. Relief from taxes and taxes on obligations or securities guaranteed by SPGRC

The SPGRC shall have the like exemption from rates and taxes on any obligations, or securities issued and securities guaranteed by it including any dividends or interest thereon, by whomsoever held as is accorded to sending State.

9. Reduced rates for certain telegraphic communications

The SPGRC 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 dispatched from places outside Zambia), of reduced rates applicable for the corresponding service in the case of press telegrams.

10. "Southern African Development Community Plant Genetic Resources Centre" to include parts

For the purpose of the application of this Order, the organisation entitled "Southern African Development Community Plant Genetic Resources Centre"  shall include all its organs, commissions, boards and other constituent parts however styled.

11. Immunities and privileges of representatives of member states

Except in so far as in any particular case any immunity or privilege is waived by the government concerned, representatives of the member States on any organ of the SPGRC or at any conference or seminar convened by then SPGRC shall enjoy-

   (a)   while exercising their functions as such and from the place of meeting, the immunity from personal arrest or detention and from seizure of their personal baggage, and like inviolability for all papers and documents, as are accorded to a diplomatic agent of sending State accredited to Zambia;

   (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 such representatives; and

   (c)   While exercising their functions as such representatives, and during their journey to and from the place of meeting, the like exemption from taxes as is accorded to a diplomatic agent accredited to Zambia, except that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage.

12. Interpretation

For the purpose of the application of this Order, the expression "representatives of member State"  shall be deemed to include representatives, duty representatives, advisors, technical experts and secretaries of delegations, but shall not include any person who is the representative of the Government of the Republic of Zambia.

13. Immunities and privilege of high officials of SPGRC

Except in so far as in any particular case any Immunity or privilege is waived by the Council of Ministers of SADC or by the Director of the SPGRC and such of the immediate assistants of the Director as may be agreed between the SPGRC and the Government of Zambia, shall be accorded in respect of themselves, their spouses and children under the age of 18 years, 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 a diplomatic agent accredited to Zambia, the spouse and children of the diplomatic agent. They shall enjoy exemption from income tax only in respect of emoluments received by them as officers of the Organisation; provided that this paragraph shall not except with the consent of the Government of Zambia, apply to an official of SPGRC based in Zambia who is a citizen or permanent resident of Zambia.

14. Immunities and privileges of persons employed on mission

Except in so far as in any particular case any immunity privilege is waived by the Council of Ministers, persons, employed on missions on behalf of the SPGRC shall enjoy-

   (a)   while performing their missions and during journeys in connection therewith, immunity from personal arrest or detention and from seizure of their personal baggage, and inviolability for all papers and documents relating to the work of the SPGRC;

   (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; and

   (c)   exemption from income tax in respect of emoluments received by them for services rendered in performing their function as officers of the SPGRC.

15. Immunities and privileges of other officials of the SPGRC

Except in so far as in any particular case any immunity or privilege is waived by the Council of Minister, officials of the SPGRC who shall be designated by the Director of the SPDRC for this purpose (other than those referred to in paragraph 13) shall enjoy-

   (a)   immunity from suit and legal process in respect of words spoken or written ,and all acts done by them in the course of the performance of their official duties;

   (b)   exemption from income tax in respect of emoluments received by them as official of the SPGRC; provided that this paragraph shall not except with the consent of the Government of Zambia, apply to an official of SPGRC based in Zambia who is a citizen or permanent resident in Zambia;

   (c)   the right to import free of duty, within nine months of commencement of a contract of service or such reasonable time as may be agreed upon between the Government of Zambia and the Director of the SPGRC in each individual case, their furniture and personal effects, including one motor vehicle, at the time of first taking up their post in Zambia;

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

   (e)   immunity, together with their spouse and families forming part of their households from immigration restriction and alien registration;

   (f)   immunity from national service obligations, provided that this shall not apply to any official of the SPDRC who is a citizen or an established resident of Zambia and is based in Zambia;

   (g)   the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions accredited to Zambia, in accordance with the laws of Zambia;

   (h)   the same repatriation facilities in time of international crisis together with members of their families and their personal employees, as diplomatic envoys; and

   (i)   exemption from any form of direct taxation on income derived from sources outside the Republic of Zambia and the freedom to maintain within the Republic of Zambia, or elsewhere, foreign securities and other moveable and immoveable property whilst employed by the SPGRC and at the time of termination of such employment, the right to take out of Zambia funds in non-Zambia currencies without any restriction provided that such officials show good cause for their lawful possession of such funds.

16. Immunities and Privileges of locally recruited staff

Subject to the other provisions in this order, locally recruited staff, excluding their spouses and other members of their families forming part of their households, shall enjoy immunities and privileges indicated in sub-paragraphs (a), (b), (e) and (g) of paragraph 15, provided that sub-paragraph (g) of paragraph 15 shall apply in respect of official purposes only.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (INTERNATIONAL ASSOCIATION PAN AFRICAN INSTITUTE FOR DEVELOPMENT) (REVOCATION) ORDER

[Section 4]

Arrangement of Paragraphs

   Paragraph

   1. Title

   2. Revocation of S.I. No. 181 of 1979

SI 59 of 2007.

1. Title

This Order may be cited as the Diplomatic Immunities and Privileges (International Association Pan African Institute for Development) (Revocation) Order, 2007.

2. Revocation of S.I. No. 181 of 1979

The Diplomatic Immunities and Privileges (International Association Pan African Institute for Development) Order, 1979 is hereby revoked.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (WORLD FISH CENTRE) ORDER

[Section 4]

Arrangement of Paragraphs

   Paragraph

   1.    Title

   2.  Declaration under section 4

   3.  Legal capacity

   4.  Immunity from suit and legal process

   5.  Inviolability of official archives and premises

   6.  Official communication to be accorded same treatment as that of international organisations and diplomatic missions

   7.  Exemption from taxes on importation and exportation of goods subject to certain conditions

   8.  Relief from rates and taxes on obligations or securities guaranteed by Centre

   9.  Reduced rates for certain telegraphic communications

   10.  "World Fish Centre" to include parts

   11.  Immunities and privileges of representatives of member States

   12.  Interpretation

   13.  Immunities and privileges of high officials of Centre

   14.  Immunities and privileges of persons employed on mission

   15.  Immunities and privileges of other official of Centre

   16.  Immunities and privileges of locally recruited staff

SI 72 of 2011.

1. Title

This Order may be cited as the Diplomatic Immunities and Privileges (World Fish Centre) Order, 2011.

2. Declaration under section 4

The World Fish Centre (hereinafter referred to as the Centre) is hereby declared to be an organisation of which the Government and the governments of certain other State are members.

3. Legal capacity

The Centre shall have the legal capacity of a body corporate.

4. Immunity from suit and legal process

Except in so far as in any particular case it has expressly waived its immunity, the Centre shall have immunity from suit and legal process:

Provided that the waiver of immunity shall not be deemed to extend to any measure of execution.

5. Inviolability of official archives and premises

The Centre shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of a diplomatic agent of a sending State accredited to Zambia.

6. Official communication to be accorded same treatment as that of international organisations and diplomatic missions

The official communications of the Centre shall be accorded the same treatment as that accorded to official communications of international organisations and diplomatic missions.

7. Exemptions form taxes on importation and exportation of goods subject to certain conditions

   (1) The Centre, its operations and transactions shall be exempted from all taxation and from all customs, prohibitions and restrictions on import and exports and in respect of articles imported by the Centre for its official use:

Provided that such articles imported shall not be sold or otherwise disposed of in Zambia except in accordance with the conditions determined by the Commissioner-General under the Customs and Excise Act.

8. Relief from rates and taxes on obligations or securities guaranteed by Centre

The Centre shall have the like exemption from rates and taxes on any obligations, or securities issued and securities guaranteed by it including any dividends or interest thereon by whomsoever held as is accorded to a sending State.

9. Reduced rates for certain telegraphic communications

The Centre 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 dispatched from places outside Zambia, of reduced rates applicable for the corresponding service in the case of press telegrams.

10. "World Fish Centre" to include parts

For the purpose of the application of this Order, the organisation entitled "World Fish Centre" shall include all its organs, commissions, boards and other constituent parts, however styled.

11. Immunities and privileges of representatives of member States

Except in so far as in any particular case any immunity or privilege is waived by the government concerned, representatives of the member States on any organ of the Centre, or at any conference or seminar convened by the Centre, shall enjoy-

   (a)   while exercising their functions as such and from the place of meeting, the like immunity from personal arrest or detention and from seizure of their personal baggage, and the like inviolability for all papers and documents, as are accorded to a diplomatic agent of a sending State accredited to Zambia;

   (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 such representatives; and

   (c)   while exercising their functions as such representatives, and during their journey to, and from, the place of meeting, the like exemption from taxes as is accorded to a diplomatic agent accredited to Zambia, except that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage.

12. Interpretation

For the purpose of the application of this Order, the expression "representative of member State" shall be deemed to include representatives, deputy representatives, advisors, technical experts and secretaries of delegations, but shall not include any person who is the representative of the Government of the Republic of Zambia.

13. Immunities and privileges of high officials of Centre

   (1) Except in so far as in any particular case, any immunity or privilege is waived by the Board of Trustees or by the Director of the Centre, the Director of the Centre and such of the immediate assistants of the Director as may be agreed between the Centre and the Government of the Republic of Zambia, shall be accorded in respect of themselves, their spouses and children under the age of 18 years, 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 a diplomatic agent accredited to Zambia, the spouse and children of the diplomatic agent.

   (2) The person referred to in sub paragraph (1) shall enjoy exemption from income tax only in respect of emoluments received by them as officers of the Centre:

Provided that this paragraph shall not, except with the consent of the Government of Zambia, apply to an official of the Centre based in Zambia who is a citizen or permanent resident.

14. Immunities and privileges of persons employed on mission

Except in so far as in any particular case any immunity or privilege is waived by the Director, persons employed on mission on behalf of the Centre shall enjoy-

   (a)   while performing their missions and during journeys in connection therewith, immunity from personal arrest or detention and from seizure of their personal baggage, and inviolability for all papers and documents relating to the work of the Centre;

   (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; and

   (c)   exemption from income tax in respect of emoluments received by them for services rendered in performing their functions as officers of the Centre.

15. Immunities and privileges of other official of Centre

Except in so far as in any particular case, any immunity or privilege is waived by the Board of Trustees, officials of the Centre who shall be designated by the Director of the Centre for this purpose, other than those referred to in paragraph 13, shall enjoy-

   (a)   immunity from suit and legal process in respect of words spoken or written, and all acts done, by them in the course of the performance of their official duties;

   (b)   exemption from income tax in respect of emoluments received by them as officials of the Centre:

Provided that this paragraph shall not, except with the consent of the Government of the Republic of Zambia, apply to an official of the Centre based in Zambia who is a citizen or permanent resident;

   (c)   the right to import free of duty, within nine months of commencement of a contract of service or such reasonable as may be agreed upon between the Government of the Republic of Zambia and the Director of the Centre in each individual case, their furniture and personal effects, including one motor vehicle, at the time of first taking up their post in Zambia;

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

   (e)   immunity together with their spouses and families forming part of their households from immigration restrictions and alien registration;

   (f)   immunity from national service obligations:

Provided that this shall not apply to any official of the Centre who is a citizen or an established resident of Zambia and is based in Zambia.

   (g)   the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions accredited to Zambia, in accordance with the law of Zambia.

   (h)   the same repatriation facilities in time of international crises, together with members of their families and their personal employees, as diplomatic envoys; and

   (i)   exemption from any form or direct taxation on income derived from sources outside the Republic of Zambia and the freedom to maintain within the Republic of Zambia, or elsewhere, foreign securities and other moveable and immoveable property while employed by the Centre, and at the time of termination of such employment, the right to take out of Zambia funds in non-Zambian currencies without any restrictions:

Provided that such officials show good cause for their lawful possession of such funds.

16. Immunities and privileges of locally recruited staff

Subject to the other provisions of this Order, locally recruited staff, excluding their spouses and other members of their families forming part of their households, shall enjoy immunities and privileges indicated in sub-paragraphs (a), (b), (e) and (g) of paragraph 15:

Provided that sub-paragraph (g) of paragraph 15 shall apply in respect of official purposes only.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (LEVY PATRICK MWANAWASA REGIONAL CENTRE FOR DEMOCRACY AND GOOD GOVERNANCE) ORDER

[Section 4]

SI 73 of 2011.

Arrangement of Paragraphs

   Paragraph

   1. Title

   2. Declaration under section 4

   3. Legal capacity

   4. Immunity from suit and legal process

   5. Inviolability of official archives and premises

   6. Official communication to be accorded same treatment as that of international organisations and diplomatic missions

   7. Exemption from taxes on importation and exportation of goods subject to certain conditions

   8. Relief from rates and taxes on obligations or securities guaranteed by Centre

   9. Reduced from rates for certain telegraphic communications

   10. "Levy Patrick Mwanawasa Regional Centre for Democracy and Good Governance" to include parts

   11. Immunities and privileges of representatives of member states

   12. Interpretation

   13. Immunities and privileges of high officials of Centre

   14. Immunities and privileges of persons employed on mission

   15. Immunities and privileges of other officials of Centre

   16. Immunities and privileges of locally recruited staff

1. Title

This Order may be cited as the Diplomatic Immunities and Privileges (Levy Patrick Mwanawasa Regional Centre for Democracy and Good Governance) Order, 2011.

2. Declaration under section 4

The Levy Patrick Mwanawasa Regional Centre for Democracy and Good Governance (hereinafter referred to as "the Centre") is hereby declared to be an organisation of which the Government and the governments of certain other States are members.

3. Legal capacity

The Centre shall have the legal capacity of a body corporate. Immunity from suit and legal process.

4. Immunity from suit and legal process

Except in so far as in any particular case it has expressly waived its immunity, the Centre shall have immunity from suit and legal process:

Provided that the waiver of immunity shall not be deemed to extent to any measure of execution.

5. Inviolability of official achieves and premises

The Centre shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of a diplomatic agent of a sending state accredited to Zambia.

6. Official communication to be accorded same treatment as that of international organisations and diplomatic missions

The official communications of the Centre shall be accorded the same treatment as that accorded to official communications shall be accorded the same treatment as that accorded to official communications of international organisations and diplomatic missions.

7. Exemption from taxes on importation and exportation of goods subject to certain conditions

   (1) The Centre, its operations and transactions shall be exempted from all taxation and from all customs, prohibitions and restrictions on imports and exports and in respect of articles imported by the Centre for its official use:

Provided that such articles imported shall not be sold or otherwise disposed of in Zambia except in accordance with the conditions determined by the Commissioner-General under the Customs and Excise Act.

8. Relief from rates and taxes on obligations or securities guaranteed by Centre

The Centre shall have the like exemption from rates and taxes on any obligations or securities issued and guaranteed by it, including any dividends or interest thereon by whomsoever held as is accorded to a sending State.

9. Reduced rates for certain telegraphic communications

The Centre 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 dispatched from places outside Zambia, or reduced rates applicable for the corresponding service addressed to or dispatched from places outside Zambia, of reduced rates applicable for the corresponding service in the case of press telegrams.

10. "Levy Patrick Mwanawasa Regional Centre for Democracy and Good Governance" include parts

For the purpose of the application of this Order, the organisation entitled "Levy Patrick Mwanawasa Regional Centre for Democracy and Good Governance" shall include all its organs, commissions, boards and other constituent part, however styled.

11. Immunities and privileges of representatives of member States

Except in so far as in any particular case any immunity or privilege is waived by the government concerned, representatives of the member States on any organ of the Centre, or at any conference or seminar convened by the Centre, shall enjoy-

   (a)   while exercising their functions as such and from the place of meeting, the like immunity from personal arrest or detention and from seizure of their personal baggage, and the like inviolability for all papers and documents, as are accorded to a diplomatic agent of a sending State accredited to Zambia;

   (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 such representatives; and

   (c)   while exercising their functions as such representatives, and during their journey to, and from, the place of meeting, the like exemption from taxes as is accorded to a diplomatic agent accredited to Zambia, except that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage.

12. Interpretation

For the purpose of the application of this Order, the expression "representative of member State" shall be deemed to include representatives, deputy representatives, advisors, technical experts and secretaries of delegations, but shall not include any person who is representative of the Government of the Republic of Zambia.

13. Immunities and privileges of high officials of Centre

   (1) Except in so far as in any particular case, any immunity or privilege is waived by the Board of Trustees or by the Director of the Centre, the Director of the Centre and such of the immediate assistants of the Director as may be agreed between the Centre and the Government of the Republic of Zambia, shall be accorded in respect of themselves, their spouses and children under the age of 18 years, 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 a diplomatic agent accredited to Zambia, the spouse and children of the diplomatic agent.

   (2) The persons referred to in sub-paragraph (1) shall enjoy exemption from income tax only in respect of emoluments received by them as officers of the Centre:

Provided that this paragraph shall not, except with the consent of the Government of the Republic of Zambia, apply to an official of the Centre based in Zambia who is a citizen or permanent resident.

14. Immunities and privileges of persons employed on mission

Except in so far as in any particular case any immunity or privilege is waived by the Director, persons employed on mission on behalf of the Centre shall enjoy-

   (a)   while performing their missions and during journeys in connection therewith, immunity from personal arrest or detention and from seizure of their personal baggage, and inviolability for all papers and documents relating to the work of the Centre;

   (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; and

   (c)   exemption from income tax in respect of emoluments received by them for services rendered in performing their functions as officers of the Centre.

15. Immunities and privileges of other officials of Centre

Except in so far as in any particular case, any immunity or privilege is waived by the Board of Trustees, officials of the Centre who shall be designated by the Director of the Centre for this purpose, other than those referred to in paragraph 13, shall enjoy-

   (a)   immunity from suit and legal process in respect of words spoken or written, and all acts done, by them in the course of the performance of their official duties;

   (b)   exemption from income tax in respect of emoluments received by them as official of the Centre:

Provided that this paragraph shall not, except with the consent of the Government of the Republic of Zambia, apply to an official of the Centre based in Zambia who is a citizen or permanent resident;

   (c)   the right to import free of duty, within nine months of the commencement of a contract of service or such reasonable time as may be agreed upon between the Government of the Republic of Zambia and the Director of the Centre in each individual case, their furniture and personal effects, including one motor vehicle, at the time of first taking up their post in Zambia;

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

   (e)   immunity, together with their spouses and families forming part of their households from immigration restrictions and alien registration;

   (f)   immunity from national service obligations:

Provided that this shall not apply to any official of the Centre who is a citizen or an established resident of Zambia and is based in Zambia.

   (g)   the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions accredited to Zambia, in accordance with the laws of Zambia;

   (h)   the same repatriation facilities in time of international crises, together with members of their families and their personal employees, ad diplomatic envoys; and

   (i)   exemption from any from or direct taxation on income derived from sources outside the Republic of Zambia and the freedom to maintain within the Republic of Zambia, or elsewhere, foreign securities and other moveable and immovable property while employed by the Centre, and at the time of termination of such employment, the right to take out of Zambia funds in non-Zambian currencies without any restrictions:

Provided that such officials show good cause for their lawful possession of such funds.

16. Immunities and privileges of locally recruited staff

Subject to the other provisions of this Order, locally recruited staff, excluding their spouses and other members of their families forming part of their households, shall enjoy immunities and privileges indicated in sub-paragraphs (a), (b), (e) and (g) of paragraph 15:

Provided that sub-paragraph (g) of paragraph 15 shall apply in respect of official purposes only.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (ZEP-RE PTA RE-INSURANCE COMPANY) ORDER

[Section 4]

Arrangement of Paragraphs

   Paragraph

   1. Title

   2. Declaration under section 4

   3. Legal capacity

   4. Immunity from suit and legal process

   5. Inviolability of official archives and premises

   6. Official communication

   7. Exemption from taxes on importation and exportation of goods

   8. Exemption from rates and taxes on obligations or securities guaranteed by Company

   9. Reduced rates for certain telegraphic communications

   10. ZEP-RE PTA Reinsurance Company

   11. Immunities and privileges of representatives of member States

   12. Immunities and privileges of high officials of Company

   13. Immunities and privileges of persons employed on mission

   14. Immunities and privileges of other officials of Company

   15. Immunity and privileges of locally recruited staff

SI 87 of 2015.

1. Title

This Order may be cited as the Diplomatic Immunities and Privileges (ZEP-RE PTA Re-Insurance Company) Order, 2015.

2. Declaration under section 4

The ZEP-RE PTA Re-Insurance Company is declared an organisation of which the Government and the governments of certain other States are members.

3. Legal capacity

The Company has the legal capacity of a body corporate.

4. Immunity from suit and legal process

   (1) Except where it has expressly waived its immunity, the Company shall have immunity from suit and legal process.

   (2) The waiver of immunity under sub-paragraph (1) shall not be deemed to extend to the execution of a court order.

5. Inviolability of official archives and premises

The Company has the like inviolability of official archives and premises occupied as offices as is accorded in respect of a diplomatic agent of a sending State accredited to Zambia.

6. Official communication

The official communications of the Company shall be accorded the same treatment as that accorded to official communications of international organisations and diplomatic missions.

7. Exemption from taxes on importation and exportation of goods

   (1) Subject to sub-paragraph (2), the Company, its operations and transactions are exempted from all taxation and from all customs, prohibitions and restrictions on imports and exports and in respect of articles imported by the Company for its official use.

   (2) Articles imported by the Company shall not be sold or otherwise disposed of in Zambia except in accordance with the conditions determined by the Commissioner-General under the Customs and Excise Act.

8. Exemption from rates and taxes on obligations or securities guaranteed by Company

The Company is exempted from rates and taxes on any obligations or securities issued and securities guaranteed by it, including any dividends or interest thereon by whomsoever held as is accorded to a sending State.

9. Reduced rates for certain telegraphic communications

The Company has 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 dispatched from places outside Zambia, of reduced rates applicable for the corresponding service in the case of press telegrams.

10. ZEP-RE PTA Reinsurance Company

For the purpose of the application of this Order, the organisation entitled "ZEP-RE PTA Reinsurance Company" shall include its organs, commissions, boards and other constituent parts, however styled.

11. Immunities and privileges of representatives of member States

   (1) Except where any immunity or privilege is waived by the government concerned, representatives of the member States on any organ of the Company, or at any conference or seminar convened by the Company, shall enjoy-

   (a)   while excising their functions as such and from the place of meeting, the like immunity from personal arrest or detention and from seizure of their personal baggage, and the like inviolability for all papers and documents, as are accorded to a diplomatic agent of a sending State accredited to Zambia;

   (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 such representatives; and

   (c)   while exercising their functions as such representatives, and during their journey to, and from, the place of meeting, the like exemption from taxes as is accorded to a diplomatic agent accredited to Zambia, except that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage.

   (2) For the purpose of the application of this Order, the expression "representative of member State" shall be deemed to include representatives, deputy representatives, advisors, technical experts and secretaries of delegations, but shall not include any person who is the representative of the Government of the Republic of Zambia.

12. Immunities and privileges of high officials of Company

   (1) Except where any immunity or privilege is waived by the Board of Trustees or by the Director of the Company, the Director of the Company and such of the immediate assistants of the Director as may be agreed between the Company and the Government of the Republic of Zambia, shall be accorded in respect of themselves, their spouses and children under the age of eighteen years, 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 a diplomatic agent accredited to Zambia, the spouse and children of the diplomatic agent.

   (2) The persons referred to in sub-paragraph (1) shall enjoy exemption from income tax only in respect of emoluments received by them as officers of the Company.

   (3) This paragraph shall not, except with the consent of the Government of Zambia, apply to an official of the Company based in Zambia who is a citizen or permanent resident.

13. Immunities and privileges of persons employed on mission

Except where any immunity or privilege is waived by the Director, persons employed on missions on behalf of the Company shall enjoy-

   (a)   while performing their missions and during journeys in connection therewith, immunity from personal arrest or detention and from seizure of their personal baggage, and inviolability for all papers and documents relating to the work of the Company;

   (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; and

   (c)   exemption from income tax in respect of emoluments received by them for services rendered in performing their functions as officers of the Company.

14. Immunities and privileges of other officials of Company

   (1) Except where any immunity or privilege is waived by the Board of Directors, officials of the Company who shall be designated by the Director of the Company for this purpose, other than those referred to in paragraph 12, shall enjoy-

   (a)   immunity from suit and legal process in respect of words spoken or written, and all acts done, by them in the course of the performance of their official duties;

   (b)   exemption from income tax in respect of emoluments received by them as officials of the Company;

   (c)   the right to import free of duty, within nine months of commencement of a contract of service or such reasonable time as may be agreed upon between the Government of the Republic of Zambia and the Director of the Company in each individual case, their furniture and personal effects, including one motor vehicle, at the time of first taking up their post in Zambia;

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

   (e)   immunity, together with their spouses and families forming part of their households from immigration restrictions and alien registration;

   (f)   immunity from national service obligations, except that this shall not apply to any official of the Company who is a citizen or an established resident of Zambia and is based in Zambia;

   (g)   the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions accredited to Zambia, in accordance with the laws of Zambia;

   (h)   the same repatriation facilities in time of international crises, together with members of their families and their personal employees as diplomatic envoys; and

   (i)   exemption from any form of direct taxation on income derived from sources outside the Republic of Zambia and the freedom to maintain within the Republic of Zambia, or elsewhere, foreign securities and other moveable and immoveable property whilst employed by the Company, and at the time of termination of such employment, the right to take out of Zambia funds in non-Zambian currencies without any restrictions, except that such officials shall show good cause for their lawful possession of such funds.

   (2) Paragraph (b) of sub-paragraph (1) may, with the consent of the Government of the Republic of Zambia, apply to an official of the Company based in Zambia who is a citizen or permanent resident.

15. Immunity and privileges of locally recruited staff

Subject to the other provisions of this Order, locally recruited staff, excluding their spouses and other members of their families forming part of their households, shall enjoy immunities and privileges indicated in sub-paragraphs (a), (b), (e) and (g) of paragraph 14, except that sub-paragraph (g) of paragraph 15 shall apply in respect of official purposes only.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (TURKISH COOPERATION AND COORDINATION AGENCY) ORDER

[Section 4]

Arrangement of Paragraphs

   Paragraph

   1. Title

   2. Interpretation

   3. Declaration under section 4

   4. Legal capacity

   5. Immunity from suit and legal process

   6. Inviolability of official archives and premises

   7. Status of official communication

   8. Conditional exemption from taxes on import and export of goods

   9. Relief from rates and taxes on obligations or securities guaranteed by Organisation

   10. Reduced rates for certain telegraphic communications

   11. Organisation to include parts

   12. Immunities and privileges of representatives of member States

   13. Immunities and privileges of high officials of Organisation

   14. Immunities and privileges of persons employed on mission

   15. Immunities and privileges of other officials of Organisation

   16. Immunities and privileges of locally recruited staff

SI 8 of 2020.

1. Title

This Order may be cited as the Diplomatic Immunities and Privileges (Turkish Cooperation and Coordination Agency) Order, 2020.

2. Interpretation

In this Order, unless the context otherwise requires-

"citizen"  has the meaning assigned to the word in the Constitution;

"established resident"  has the meaning assigned to the word in the Immigration and Deportation Act, 2010;

"Organisation"  means the Turkish Cooperation and Coordination Agency; and

"representative of member State"  includes a representative, deputy representative, advisor, technical expert and secretary of a delegation, but does not include a person who is a representative of the Government of the Republic.

3. Declaration under section 4

The Organisation is declared to be an organisation of which the Government and the government of certain other States are members.

4. Legal capacity

The Organisation has the legal capacity of a body corporate.

5. Immunity from suit and legal process

Except in so far as in any particular case it has expressly waived its immunity, the Organisation has immunity from suit and legal process, except that the waiver of immunity does not extend to any measure of execution.

6. Inviolability of official archives and premises

The Organisation has the like inviolability of official archives and premises occupied as offices as is accorded in respect of a diplomatic agent of a sending State accredited to the Republic.

7. Status of official communication

The official communication of the Organisation shall be accorded the same treatment as that accorded to official communications of international organisations and diplomatic missions.

8. Conditional exemption from taxes on import and export of goods

The Organisation, its operations and transactions are exempt from taxation and from customs, prohibitions and restrictions on imports and exports and in respect of articles imported by the Organisation for its official use, except that the articles imported may be sold or otherwise disposed of in the Republic in accordance with the conditions determined by the Commissioner-General under the Customs and Excise Act.

9. Relief from rates and taxes on obligations or securities guaranteed by Organisation

The Organisation has the like exemption from rates and taxes on obligations or securities issued and securities guaranteed by the Organisation including dividends or interest on those securities by whomsoever held as is accorded to a sending state.

10. Reduced rates for certain telegraphic communications

The Organisation has the right to avail itself, for electronic communications sent by the Organisation and containing only matter intended for publication by the press or for broadcasting, including communications addressed to or dispatched from places outside the Republic of reduced rates applicable for the corresponding service in the case of press telegrams.

11. Organisation to include parts

For the purpose of the application of this Order, the Organisation includes its organs, commissions, boards and other constituent parts, however styled.

12. Immunities and privileges of representatives of member states

Except in so far as in any particular case any immunity or privilege is waived by the government concerned, a representative of the member States or any organ of the Organisation, or at any conference or seminar convened by the Organisation, shall enjoy-

   (a)   while performing that representative's functions and from the place of meeting, the like immunity from personal arrest or detention and from seizure of that representative's personal baggage, and the like inviolability for the papers and documents as are accorded to a diplomatic agent of a sending State accredited to the Republic;

   (b)   immunity from legal process of every kind in respect of words spoken or written and all acts done in their capacity as a representative; and

   (c)   while performing functions as a representative, and during their journey to, and from, the place of meeting, the like exemption from taxes as is accorded to a diplomatic agent accredited to the Republic, except that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of personal baggage.

13. Immunities and privileges of high officials of Organisation

   (1) Except in so far as in any particular case, any immunity or privilege is waived by the Board of Trustees or by the Programme Coordinator of the Organisation, the Programme Coordinator of the Organisation and immediate assistants of the Programme Coordinator that may be agreed between the Organisation and the Government of the Republic, shall be accorded in respect of themselves, their spouses and children under the age of 18 years 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 a diplomatic agent accredited to the Republic, the spouse and children of the diplomatic agent.

   (2) The persons referred to in sub-paragraph (1) enjoy exemption from Income tax only in respect of emoluments received by them as officers of the Organisation, except that this paragraph applies to an official of the Organisation based in the Republic who is a citizen or an established resident only if the Government of the Republic consents.

14. Immunities and privileges of persons employed on mission

Except in so far as any particular case any immunity or privileges is waived by the Programme Coordinator, persons employed on behalf of the Organisation shall enjoy-

   (a)   while performing their missions and during journeys in connection therewith, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents relating to the work of the Organisation;

   (b)   immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the performance of their functions; and

   (c)   exemption from income tax in respect of emoluments received by them for services rendered in performing their functions as officers of the Organisation.

15. Immunities and privileges of other officials of organisation

Except in so far as in any particular case, any immunity or privilege is waived by the Board of Trustees, officials of the Organisation who shall be designated by the Programme Coordinator of the Organisation for this purpose other than those referred to in paragraph 13, shall enjoy-

   (a)   immunity from suit and legal process in respect of words spoken or written and all acts done, by them in the course of the performance at their official duties;

   (b)   exemption from income tax in respect of emoluments received by them as officials of the Organisation, except that this paragraph applies to an official of the Organisation based in the Republic who is a citizen or an established resident only if the Government of the Republic consents;

   (c)   the right to import free of duty within nine months of commencement of a contract of service or a reasonable time that may be agreed on between the Republic and the Programme Coordinator of the Organisation in each individual case, their furniture and personal effects, including one motor vehicle at the time first taking up their post in the Republic;

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

   (e)   immunity together with their spouses and families forming part of their households from immigration restrictions and alien registration;

   (f)   immunity from national service obligations, except that this does not apply to an official of the Organisation who is a citizen or an established resident and is based in the Republic;

   (g)   the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions accredited to the Republic in accordance with the laws of the Republic;

   (h)   the same repatriation facilities in time of international crisis, together with members of their families and their personal employees, as diplomatic envoys; and

   (i)   exemption from any form of direct taxation on income derived from sources outside the Republic and the freedom to maintain within the Republic, or elsewhere foreign securities and other movable and immoveable property while employed by the Organisation, and at the time of termination of that employment, the right to take out of the Republic funds in non-Republic currencies without any restrictions if the officials show good cause for their lawful possession of the funds.

16. Immunities and privileges of locally recruited staff

Subject to the other provisions of this Order, locally recruited staff excluding their spouses and other members of their families forming part of their household, shall enjoy immunities and privileges specified in paragraph 15(a), (b), (e) and (g) except that paragraph 15(g) applies in respect of official purposes only.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (INTERNATIONAL CENTRE FOR TROPICAL AGRICULTURE) ORDER

[Section 4]

Arrangement of Regulations

   Paragraph

   1. Title

   2. Interpretation

   3. Declaration under section 4

   4. Legal capacity

   5. Immunity from suit and legal process

   6. Inviolability of official archives and premises

   7. Status of official communication

   8. Conditional exemption from taxes on import and export of goods

   9. Relief from rates and taxes on obligations or securities guaranteed by Organisation

   10. Reduced rates for certain telegraphic communications

   11. Organisation to include parts

   12. Immunities and privileges of representatives of member States

   13. Immunities and privileges of high official of Organisation

   14. Immunities and privileges of employees on mission

   15. Immunities and privileges of other officials of Organisation

   16. Immunities and privileges of locally recruited staff

SI 15 of 2021.

1. Title

This Order may be cited as the Diplomatic Immunities and Privileges (International Centre for Tropical Agriculture) Order, 2021.

2. Interpretation

In this Order, unless the context otherwise requires-

"citizen"  has the meaning assigned to the word in the Constitution;

"established resident"  has the meaning assigned to the word in the Immigration and Deportation Act, 2010;

"Organisation"  means the International Centre for Tropical Agriculture; and

"representative of member State"  includes a representative, deputy representative, advisor, technical expert and secretary of a delegation, but does not include a person who is a representative of the Government of the Republic.

3. Declaration under section 4

The Organisation is declared to be an organisation of which the Government and the government of certain other States are members.

4. Legal capacity

The Organisation has the legal capacity of a body corporate.

5. Immunity from suit and legal process

   (1) Except in so far as in a particular case the Organisation has expressly waived its immunity, the Organisation has immunity from suit and legal process.

   (2) The waiver referred to under sub-paragraph (1) does not extend to a measure of execution.

6. Inviolability of official archives and premises

The Organisation has the like inviolability of official archives and premises occupied as offices as is accorded in respect of a diplomatic agent of a sending State accredited to the Republic.

7. Status of official communication

The official communication of the Organisation shall be accorded the same treatment as that accorded to official communications of international organisations and diplomatic missions.

8. Conditional exemption from taxes on import and export of goods

The Organisation, its operations and transactions are exempt from taxation and from customs, prohibitions and restrictions on imports and exports and in respect of articles imported by the Organisation for its official use, except that the articles imported may be sold or otherwise disposed of in the Republic in accordance with the conditions determined by the Commissioner-General under the Customs and Excise Act.

9. Relief from rates and taxes on obligations or securities guaranteed by Organisation

The Organisation has the like exemption from rates and taxes on obligations or securities issued and securities guaranteed by the Organisation including dividends or interest on those securities by whomsoever held as is accorded to a sending State.

10. Reduced rates for certain telegraphic communications

The Organisation has the right to avail itself, for electronic communications sent by the Organisation and containing only matters intended for publication by the press or for broadcasting, including communications addressed to or dispatched from places outside the Republic of reduced rates applicable for the corresponding service in the case of press telegrams.

11. Organisation to include parts

For the purpose of the application of this Order, the Organisation includes its organs, commissions, boards and other constituent parts, however styled.

12. Immunities and privileges of representatives of member States

Except in so far as in a particular case an immunity or privilege is waived by the government concerned, a representative of the member States on an organ of the Organisation, or at a conference or seminar convened by the Organisation, shall enjoy-

   (a)   while performing that representative's functions and from the place of meeting, the like immunity from personal arrest or detention and from seizure of that representative's personal baggage, and the like inviolability for the papers and documents as are accorded to a diplomatic agent of a sending State accredited to the Republic;

   (b)   immunity from legal process of every kind in respect of words spoken or written and acts done in their capacity as a representative; and

   (c)   while performing functions as representatives, and during their journey to, and from, the place of meeting, the like exemption from taxes as is accorded to a diplomatic agent accredited to the Republic, except that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of personal baggage.

13. Immunities and privileges of high official of Organisation

   (1) Except in so far as in a particular case, an immunity or privilege is waived by the Board of Trustees or by the Programme Coordinator of the Organisation, the Programme Coordinator of the Organisation and immediate assistants of the Programme Coordinator that may be agreed between the Organisation and the Government of the Republic, shall be accorded in respect of themselves, their spouses and children under the age of 18 years 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 a diplomatic agent accredited to the Republic, the spouse and children of the diplomatic agent.

   (2) The persons referred under sub-paragraph (1) enjoy exemption from income tax only in respect of emoluments received by those persons as officers of the Organisation, except that this paragraph applies to an official of the Organisation based in the Republic who is a citizen or an established resident only if the Government of the Republic consents.

14. Immunities and privileges of employees on mission

Except in so far as a particular case an immunity or privileges is waived by the Programme Coordinator, persons employed on behalf of the Organisation shall enjoy-

   (a)   while performing their missions and during journeys in connection with the mission, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for the papers and documents relating to the work of the Organisation;

   (b)   immunity from legal process of every kind in respect of words spoken or written and acts done by them in the performance of their functions; and

   (c)   exemption from income tax in respect of emoluments received by them for services rendered in performing their functions as officers of the Organisation.

15. Immunities and privileges of other officials of Organisation

Except in so far as in a particular case, an immunity or privilege is waived by the Board of Trustees, an official of the Organisation who shall be designated by the Programme Coordinator of the Organisation for this purpose other than those referred to in paragraph 13, shall enjoy-

   (a)   immunity from suit and legal process in respect of words spoken or written and acts done, by them in the course of the performance of their official duties;

   (b)   exemption from income tax in respect of emoluments received by them as officials of the Organisation, except that this paragraph applies to an official of the Organisation based in the Republic who is a citizen or an established resident only if the Government of the Republic consents;

   (c)   the right to import free of duty within nine months of commencement of a contract of service or a reasonable time that may be agreed on between the Government of the Republic and the Programme Coordinator of the Organisation in each individual case, their furniture and personal effects, including one motor vehicle at the time first taking up their post in the Republic;

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

   (e)   immunity together with their spouses and families forming part of their households from immigration restrictions and alien registration;

   (f)   immunity from national service obligations, except that this does not apply to an official of the Organisation who is a citizen or an established resident and is based in the Republic;

   (g)   the same privileges in respect of exchange facilities as are accorded to an official of comparable ranks forming part of diplomatic missions accredited to the Republic in accordance with the laws of the Republic;

   (h)   the same repatriation facilities in time of international crisis, together with members of their families and their personal employees, as diplomatic envoys; and

   (i)   exemption from any form of direct taxation on income derived from sources outside the Republic and the freedom to maintain within the Republic, or elsewhere foreign securities and other movable and immovable property while employed by the Organisation, and at the time of termination of that employment, the right to take out of the Republic funds in non-Republic currencies without any restrictions if the officials show good cause for their lawful possession of the funds.

16. Immunities and privileges of locally recruited staff

Subject to the other provisions of this Order, locally recruited staff excluding their spouses and other members of their families forming part of their household, shall enjoy immunities and privileges specified in paragraph 15(a), (b), (e) and (g) except that paragraph 15(g) applies in respect of official purposes only.

{/mprestriction}