|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
[Report an error]
[F.A.Q.]
Vanuatu Consolidated Legislation |
Commencement: 24 May 1982
LAWS
OF THE REPUBLIC OF
VANUATU
REVISED
EDITION 1988
CHAPTER 143
DIPLOMATIC PRIVILEGES & IMMUNITIES
Act
9 of 1982
Order 32 of
1984
ARRANGEMENT OF SECTIONS
SECTION
PART
I
Application of
Vienna Convention on Diplomatic Relations
1. Application of Vienna
Convention
2. Restriction of
privileges and immunities
3.
Evidence
PART
II
International
Organisations
4. International
organisations
5. Privileges and
immunities of international organisations
PART
III
Persons
provided by States or International Organisations
6. Privileges and
immunities of persons provided by states or international
organisations
7. Persons employed on
duties within Vanuatu
PART
IV
International
Court of Justice
8. Privileges and
immunities relating to International Court of Justice
PART
V
International
Conferences
9. Privileges and
immunities relating to international conferences
PART
VI
General
10. Saving for bilateral
arrangements
11.
Regulations
SCHEDULE 1 - Articles
of Vienna Convention on Diplomatic Relations having the force of law in
Vanuatu
SCHEDULE 2 - Privileges and
immunities of international
organisations
SCHEDULE 3 - Privileges
and immunities of representatives, members of committees, high officers, and
persons on missions
SCHEDULE 4 -
Privileges and immunities of other officers and
servants
SCHEDULE 5 - Privileges and
immunities of official staffs and of high officers'
families
SCHEDULE 6 - International
organisations
SCHEDULE 7 - Immunities
and privileges
SCHEDULE 8 - Privileges
and immunities of a person referred to in section 7 and his
family
-----------------------------------------------
DIPLOMATIC PRIVILEGES AND IMMUNITIES
To provide for diplomatic
privileges and immunities, and to give effect to the Vienna Convention on
Diplomatic Relations.
PART
I
APPLICATION OF
VIENNA CONVENTION ON DIPLOMATIC RELATIONS
APPLICATION
OF VIENNA CONVENTION
1. (1) Subject to
section 2, the Articles set out in Schedule 1 of the Vienna Convention on
Diplomatic Relations signed in 1961 shall
have the force of law in Vanuatu and
shall be construed in accordance with the provisions of this
part.
(2) In those
Articles-
"agents of the receiving state" includes any member of the police force and any person exercising a power of entry to any premises under any law;
"national of the receiving state" means a citizen of Vanuatu;
"receiving state'' means the Republic of Vanuatu.
(3)
For the purposes of Article 32, a waiver by the head of mission of any state or
by a person for the time being performing the
functions of the head of mission,
shall, be deemed to be waiver by that
state.
(4) Articles 35, 36 and 40
shall be construed as granting any privilege or immunity which they require to
be granted.
(5) The references in
Articles 37 and 38 to the extent to which any privileges and immunities are
admitted by the receiving state
shall be construed as referring respectively to
the extent to which any privileges and immunities may be specified by the
Minister
with the concurrence of the Minister responsible for finance by Order
and to any additional privileges and immunities that may be
so
specified.
RESTRICTION
OF PRIVILEGES AND IMMUNITIES
2. If
it appears to the Minister that the privileges and immunities accorded to a
mission of Vanuatu in the territory of any state,
or to persons connected with
that mission are less than those conferred by this part on the mission of that
state or on persons connected
with that mission, the Minister may by Order
withdraw such of the privileges and immunities so conferred from the mission of
that
state or from such persons connected with it as appears to the Minister to
be
proper.
EVIDENCE
3.
If in any proceedings any question arises as to whether or not any person is
entitled to any privilege or immunity under this part
a certificate issued by or
under the authority of the Minister stating any fact relating to that question
shall be conclusive evidence
of that fact.
PART
II
INTERNATIONAL
ORGANISATIONS
INTERNATIONAL
ORGANISATIONS
4.
This part shall apply to any organisation of which 2 or more States or the
Governments thereof are
members.
PRIVILEGES
AND IMMUNITIES OF INTERNATIONAL
ORGANISATIONS
5. The Minister may
by Order-
(a) provide that any organisation to which this part applies shall, to such extent as may be specified in the Order, have the privileges and immunities set out in Schedule 2 and shall additionally have the legal capacities of a body corporate;
(b) confer upon-
(i) any persons who are representatives (whether of governments or not) on any organ of the organisation or at any conference convened by the organisation or are members of any committee of the organisation or of any organ thereof;
(ii) such officers or classes of officers of the organisation as are specified in the Order, being the holders if such high offices in the Organisation as are specified;
(iii) such persons employed on missions on behalf of the Organisation as are specified in the Order,
to such extent as may be specified in, the Order, the privileges and immunities set out in Schedule 3;
(c) confer upon such other classes of officers and servants of the organisation as are specified in the Order, to such extent as may be so specified, the privileges and immunities set out in Schedule 4,
and
Schedule 5 shall have effect for the purpose of extending to the staffs of such
representatives and members as are mentioned in
paragraph (b)(i) of this section
and to the members of the families forming part of the household of officers of
the organisation
any privileges and immunities conferred on the representatives,
members, or officers under that paragraph, except in so far as the
operation of
Schedule 5 is excluded by the Order conferring the privileges and
immunities:
Provided that no Order
made under the provisions of this section shall confer any privilege or immunity
upon any person as the representative
of the Government of Vanuatu or as a
member of the staff of such a representative.
PART
III
PERSONS
PROVIDED BY STATES OR INTERNATIONAL ORGANISATIONS
PRIVILEGES
AND IMMUNITIES OF PERSONS
PROVIDED
BY STATES OR
INTERNATIONAL ORGANISATIONS
6. (1)
Whenever the services of any person are provided for appointment to the public
service of Vanuatu pursuant to an agreement
between any of the international
organisations specified in Schedule 6 and the Government of Vanuatu, it shall be
lawful for the
Minister by Order to confer upon any such person to such extent
as may be specified therein the immunities and privileges set out
in Schedule
7.
(2) Every Order made under the
provisions of subsection (1) shall state the date from which the immunities and
privileges thereby
conferred shall take
effect.
(3) Whenever any person
ceases to be entitled to the immunities and privileges conferred by any Order
made under this Act the Minister
shall cause an Order to that effect to be
published in the
Gazette.
(4)
The fact that any person is or was entitled or not entitled to any of the
immunities or privileges set out in Schedule 7 may be
conclusively proved by
producing the Gazette
containing the relevant
Order.
(5) The Minister may at any
time by Order add to, vary or delete the whole or any part of Schedule 6 with
effect from the date specified
in such
Order.
PERSONS
EMPLOYED ON DUTIES WITHIN
VANUATU
7. (1) Whenever the
services of any person or class of persons are provided by a State, an
organisation, or by an agency, by whatever
name called, sponsored by a State or
Organisation, for duties within Vanuatu approved by the Minister and such person
is, or class
of persons are not entitled to immunities and privileges under the
provisions of either section 5 or section 6 the Minister may by
Order confer
upon any such person or class of persons such of the immunities and privileges
set out in Schedule 8 as may be specified
in the
Order.
(2) Every Order made under
the provisions of subsection (1) shall state the date from which the immunities
and privileges thereby
conferred shall take
effect.
(3) Whenever any person
ceases to be entitled to the immunities and privileges conferred by any Order
made under the provisions of
subsection (1), the Minister shall cause an order
to that effect to be published in the
Gazette.
(4)
The fact that any person is or was entitled or not entitled to any of the
immunities or privileges set out in Schedule 8 may be
conclusively proved by
producing the Gazette
containing the relevant
order.
PART
IV
INTERNATIONAL
COURT OF JUSTICE PRIVILEGES AND IMMUNITIES RELATING TO INTERNATIONAL COURT OF
JUSTICE
8. The Minister may from
time to time by Order confer on the judges and registrars of the International
Court of Justice established
by the Charter of the United Nations, and on
suitors to that Court and their agents, counsel, and advocates, such privileges,
immunities,
and facilities as may be required to give effect to any resolution
of, or convention approved by, the General Assembly of the United
Nations.
PART
V
INTERNATIONAL
CONFERENCES
PRIVILEGES
AND IMMUNITIES RELATING TO INTERNATIONAL
CONFERENCES
9.
Where-
(a) a conference is held in Vanuatu and is attended by representatives of the Government of Vanuatu and the government or governments of 1 or more states or of any of the territories for whose international relations any of those governments is responsible; and
(b) it appears to the Minister that doubts may arise as to the extent to which tote representatives of those governments (other than the Government of Vanuatu) and members of their official staffs are entitled to privileges and immunities,
the
Minister may, by Order provide that every representative of any such government
(other than the Government of Vanuatu) shall be
accorded such of the privileges
and immunities conferred by or by virtue of Part 1 on a diplomatic agent as the
Minister specifies,
and that such of the members of his official staff as the
Minister may provide shall be accorded such of the privileges and immunities
conferred by or by virtue of such part on members of the diplomatic staff or the
administrative and technical staff of a diplomatic
mission as the Minister
specifies.
PART
VI
GENERAL
SAVING
FOR BILATERAL ARRANGEMENTS
10.
Where any special agreement or arrangement between the government of any state
and the Government of Vanuatu in force at the commencement
of this Act provides
for extending-
(a) such immunity from jurisdiction and from arrest or detention, and such inviolability of residence, as are conferred by this Act on a diplomatic agent, or on a person whose services are provided by a state or an international organisation for duties within Vanuatu;
(b) such exemption from custom duties, taxes and related charges as is conferred by this Act in respect of articles for the personal use of a diplomatic agent, or on a person whose services are provided by a state or an international organisation for duties within Vanuatu,
that
immunity and inviolability or exemption shall so extend, so long as that
agreement or arrangement continues in
force.
REGULATIONS
11.
The Minister may by Order make such rules and regulations as are necessary for
giving full effect to this Act and for its administration.
SCHEDULE
1
(Section 1)
ARTICLES OF VIENNA CONVENTION ON DIPLOMATIC RELATIONS HAVING THE FORCE OF LAW IN VANUATU
Article 1
For the purposes of the
present Convention, the following expressions shall have the meanings hereunder
assigned to them-
(a) the "head of the mission" is the person charged by the sending State with the duty of acting in that capacity;
(b) the "members of the mission" are the head of the mission and the members of the staff of the mission;
(c) the "members of the staff of the mission" are the members of the diplomatic staff, of the administrative and technical staff and of the service staff of the mission;
(d) the "members of the diplomatic staff" are the members of the staff of the mission having; diplomatic rank;
(e) a "diplomatic agent" is the head of the mission or a member of the diplomatic staff of the mission;
(f) the "members of the administrative and technical staff" are the members of the staff of the mission employed in the administrative and technical service of the mission;
(g) the "members of the service staff" are the members of the staff of the mission in the domestic service of the mission;
(h) a "private servant" is a person who is in the domestic service of a member of the mission and who is not an employee of the sending State;
(i) the "premises of the mission" are the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used for the purposes of the mission including the residence of the head of the mission.
Article 2
The establishment of
diplomatic relations between States, and of permanent diplomatic missions, takes
place by mutual consent.
Article 22
1. The premises of the
mission shall be inviolable. The agents of the receiving State may not enter
them except with the consent of
the head of the
mission.
2. The receiving State is
under a special duty to take all appropriate steps to protect the premises of
the mission against any intrusion
or damage and to prevent any disturbance of
the peace of the mission or impairment of its
dignity.
3. The premises of the
mission, their furnishings and other property thereon and the means of transport
of the mission shall be immune
from search, requisition, attachment or
execution.
Article 23
1. The sending State and
the head of the mission shall be exempt from all national, regional or municipal
dues and taxes in respect
of the premises of the mission, whether owned or
leased, other than such as represent payment for specific services
rendered.
2. The exemption from
taxation referred to in this Article shall not apply to such dues and taxes
payable under the law of the receiving
State by persons contracting with the
sending State or the head of the mission.
Article 24
The archives and documents
of the mission shall be inviolable at any time and wherever they may
be.
Article 27
1. The receiving State
shall permit and protect free communication on the part of the mission for all
official purposes. In communicating
with the Government and the other missions
and consulates of the sending State, wherever situated, the mission may employ
all appropriate
means, including diplomatic couriers and messages in code or
cipher. However, the mission may install and use a wireless transmitter
only
with the consent of the receiving
State.
2. The official
correspondence of the mission shall be inviolable. Official correspondence means
all correspondence relating to the
mission and its
functions.
3. The diplomatic bag
shall not be opened or
detained.
4. The package
constituting the diplomatic bag must bear visible external marks of their
character and may contain only diplomatic
documents or articles intended for
official use.
5. The diplomatic
courier, who shall be provided with an official document indicating his status
and the number of packages constituting
the diplomatic bag, shall be protected
by the receiving State in the performance of his functions. He shall enjoy
personal inviolability
and shall not be liable to any form of arrest or
detention.
6. The sending State of
the mission may designate diplomatic couriers ad hoc. In such cases the
provisions of paragraph 5 of this
Article shall also apply, except that the
immunities therein mentioned shall cease to apply when such a courier has
delivered to
the consignee the diploma tic bag in his
charge.
7. A diplomatic bag may be
entrusted to the captain of a commercial aircraft scheduled to land at an
authorized port of entry. He
shall be provided with an official document
indicating the number of packages constituting the bag but he shall not be
considered
to be a diplomatic courier. The mission may send one of its members
to take possession of the diplomatic bag directly and freely
from the captain of
the aircraft.
Article 28
The fees and charges
levied by the mission in the course of its official duties shall be exempt from
all dues and taxes.
Article 29
The person of a diplomatic
agent shall be inviolable. He shall not be liable to any form of arrest or,
detention. The receiving State
shall treat him with due respect and shall take
all appropriate steps to prevent any attack on his person, freedom or
dignity.
Article 30
2. The private residence
of a diplomatic agent shall enjoy the same inviolability and protection as the
premises of the mission.
3. His
papers, correspondence and except as provided in paragraph 3 of Article 31, his
property, shall like-wise enjoy inviolability.
Article 31
1. A diplomatic agent
shall enjoy immunity from the criminal jurisdiction of the receiving State. He
shall also enjoy immunity from
its civil and administrative jurisdiction, except
in the case of-
(a) a real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;
(b) an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legates as a private person and not on behalf of the sending State;
(c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.
2.
A diplomatic agent is not obliged to give evidence as a
witness.
3. No measures of
execution may be taken in respect of a diplomatic agent except in the cases
coming under sub-paragraphs (a), (b)
and (c) of paragraph 1 of this Article, and
provided that the measures concerned can be taken without infringing the
inviolability
of his person or of his
residence.
4. The immunity of a
diplomatic agent from the jurisdiction of the receiving State does not exempt
him from the jurisdiction of the
sending State.
Article 32
1. The immunity from
jurisdiction of diplomatic agents and of persons enjoying immunity under Article
37 may be waived by the sending
State.
2. Waiver must always be
express.
3. The initiation of
proceedings by a diplomatic agent or by a person enjoying immunity from
jurisdiction under Article 37 shall preclude
him from invoking immunity from
jurisdiction m respect of any counter-claim directly connected with the
principal claim.
4. Waiver of
immunity from jurisdiction in respect of civil or administrative proceedings
shall not be held to imply waiver of immunity
in respect of the execution of the
judgment, for which a separate waiver shall be necessary.
Article 33
1. Subject to the
provisions of paragraph 3 of this Article, a diplomatic agent shall with respect
to services rendered for the sending
State be exempt from social security
provisions which maybe in force in the receiving
State.
2. The exemption provided
for in paragraph 1 of this Article shall also apply to private servants who are
in the sole employ of a
diplomatic agent, on condition-
(a) that they are not nationals of or permanently resident in the receiving state; and
(b) that they are covered by the social security provisions which may be in force in the sending State or a third State.
3.
A diplomatic agent who employs persons to whom the exemption provided for in
paragraph 2 of this Article does not apply shall observe
the obligations which
the social security provisions of the receiving State impose upon
employers.
4. The exemption
provided for in paragraphs 1 and 2 of this Article shall not preclude voluntary
participation in the social security
system of the receiving State provided that
such participation is permitted by that
State.
5. The provisions of this
Article shall not affect bilateral or multilateral agreements concerning social
security concluded previously
and shall not prevent the conclusion of such
agreements in the future.
Article 34
A diplomatic agent shall
be exempt from all dues and taxes, personal or real, national, regional or
municipal, except-
(a) indirect taxes of a kind which are normally incorporated in the price of goods or services;
(b) dues and taxes on private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;
(c) estate, succession or inheritance duties levied by the receiving State, subject to the provisions of paragraph 4 of Article 39;
(d) dues and taxes on private income having its source in the receiving State and capital taxes on investments made in commercial undertakings in the receiving State;
(e) charges levied for specific services rendered;
(f) registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of Article 23.
Article 35
The receiving State shall
exempt diplomatic agents from all personal services, from all public service of
any kind whatsoever, and
from military obligations such as those connected with
requisitioning, military contributions and billeting.
Article 36
1. The receiving state
shall, in accordance with such laws and regulations as it may adopt, permit
entry of and grant exemption from
all customs duties, taxes, and related charges
other than charges for storage, cartage and similar services on
(a) articles for the official use of the mission;
(b) articles for the personal use of a diplomatic agent or members of his family forming part of his household, including articles intended for his establishment.
2.
The personal baggage of a diplomatic agent shall be exempt from inspection,
unless there are serious grounds for presuming that
it contains articles not
covered by the exemptions mentioned in paragraph 1 of this Article, or articles
the import or export of
which is prohibited by the law or controlled by the
quarantine regulations of the receiving State. Such inspection shall be
conducted
only in the presence of the diplomatic agent or of his authorized
representative.
Article 37
1. The members of the
family of a diplomatic agent forming part of his household shall, if they are
not nationals of the receiving
State, enjoy the privileges and immunities
specified in Articles 29 to 36.
2.
Members of the administrative and technical staff of the mission, together with
members of their families forming part of their
respective households, shall, if
they are not nationals of or permanently resident in the receiving State, enjoy
the privileges and
immunities specified in Articles 29 to 35, except that the
immunity from civil and administrative jurisdiction of the receiving State
specified in paragraph 1 of Article 31 shall not extend to acts performed
outside the courses of their duties. They shall also enjoy
the privileges
specified in Article 36, paragraph 1, in respect of articles imported at the
time of first installation.
3.
Members of the service staff of the mission who are not nationals of or
permanently resident in the receiving State shall enjoy
immunity in respect of
acts performed in the course of their duties, exemption from dues and taxes on
the emoluments they receive
by reason of their employment and the exemption
contained in Article 33.
4.
Private servants of members of the mission shall, if they are not nationals of
or permanently resident in the receiving State,
be exempt from duties and taxes
on the emoluments they receive by reason of their employment. In other respects,
they may enjoy privileges
and immunities only to the extent admitted by the
receiving State. However, the receiving State must exercise its jurisdiction
over
those persons in such a manner as not to interfere unduly with the
performance of the functions of the mission.
Article 38
1. Except insofar as
additional privileges and immunities may be granted by the receiving State, a
diplomatic agent who is a national
of or permanently resident in that State
shall enjoy only immunity from jurisdiction, and inviolability, in respect of
official acts
performed in the exercise of his
functions.
2. Other members of the
staff of the mission and private servants who are nationals of or permanently
resident in the receiving State
shall enjoy privileges and immunities only to
the extent admitted by the receiving State. However, the receiving State must
exercise
its jurisdiction over those persons in such a manner as not to
interfere unduly with the performance of the functions of the
mission.
Article 39
1. Every person entitled
to privileges and immunities shall enjoy them from the moment he enters the
territory of the receiving State
on proceeding to take up his post or, if
already in its territory, from the moment when his appointment is notified to
the Ministry
for Foreign Affairs or such other ministry as may be
agreed.
2. When the functions of a
person enjoying privileges and immunities have come to an end, such privileges
and immunities shall normally
cease at the moment when he leaves the country, or
on expiry of a reasonable period in which to do so, but shall subsist until that
time, even in the case of armed conflict. However, with respect to acts
performed by such a person in the exercise of his functions
as a member of the
mission, immunity shall continue to
subsist.
3. In case of the death
of a member of the mission, the members of his family shall continue to enjoy
the privileges and immunities
to which they are entitled until the expiry of a
reasonable period in which to leave the
country.
4. In the event of the
death of a member of the mission not a national of or permanently resident in
the receiving State or a member
of his family forming part of his household the
receiving State shall permit the withdrawal of the movable property of the
deceased,
with the exception of any property acquired in the country the export
of which was prohibited at the time of his death. Estate, succession
and
inheritance duties shall not be levied on movable property the presence of which
in the receiving State was due solely to the
presence there of the deceased as a
member of the mission or as a member of the family of a member of the
mission.
Article 40
1. If a diplomatic agent
passes through or is in the territory of a third State, which has granted him a
passport visa if such visa
was necessary, while proceeding to take up or to
return to his post, or when returning to his own country, the third State shall
accord him inviolability and such other immunities as may be required to ensure
his transit or return. The same shall apply in the
case of any members of his
family enjoying privileges or immunities who are accompanying the diplomatic
agent, or travelling separately
to join him or to return to their
country.
2. In circumstances
similar to those specified in paragraph 1 of this Article, third States shall
not hinder the passage of members
of the administrative and technical or service
staff of a mission, and of members of their families, through their
territories.
3. Third States shall
accord to official correspondence and other official communications in transit,
including messages in code or
cipher, the same freedom and protection as is
accorded by the receiving State. They shall accord to diplomatic couriers, who
have
been granted a passport visa if such visa was necessary, and diplomatic
bags in transit the same inviolability and protection as
the receiving State is
bound to accord.
4. The
obligations of third States under paragraphs 1, 2 and 3 of this Article shall
also apply to the persons mentioned respectively
in those paragraphs, and to
official communications and diplomatic bags, whose presence in the territory of
the third State is due
to force majeur.
SCHEDULE
2
(section 5)
PRIVILEGES AND IMMUNITIES OF INTERNATIONAL ORGANISATIONS
1. Immunity from suit and
legal process.
2. The like
inviolability of official premises and archives as is accorded in respect of the
official premises and archives of a diplomatic
mission.
3. Immunity in relation
to its property and assets, wherever located and by whomsoever held, from
search, requisition, confiscation,
expropriation, or any other form of
interference.
4. The like
exemption from taxes and rates, other than taxes on the importation of goods, as
is accorded to the Government of any
foreign
State.
5. Exemption from taxes on
the importation of goods directly imported by the organisation for its official
use in Vanuatu or for exportation,
or on the importation of any publications of
the organisation directly imported by it, subject to compliance with such
conditions
as the Minister responsible for finance may determine for the
protection of the revenue.'
6.
Exemption from prohibitions and restrictions on importation or exportation in
the case of goods directly imported or exported by
the organisation for its
official use and in the case of any publications of the organisation directly
imported or exported by it,
subject to compliance with such conditions as the
Minister responsible for finance may determine for the protection of the public
health, the prevention of diseases in plants and animals, and otherwise in the
public interest.
7. 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 Vanuatu) of any
reduced rates
applicable for the corresponding service in the case of press
telegrams.
SCHEDULE
3
(section 5)
PRIVILEGES AND IMMUNITIES OF REPRESENTATIVES, MEMBERS OF COMMITTEES, HIGH OFFICERS, AND PERSONS ON MISSIONS
1. The like immunity from
suit and legal process as is accorded to a diplomatic
agent.
2. The like inviolability
of residence, official premises, and official archives as is accorded to a
diplomatic agent.
3. The like
exemption from taxes and rates as is accorded to a diplomatic
agent.
SCHEDULE
4
(section 5)
PRIVILEGES AND IMMUNITIES OF OTHER OFFICERS AND SERVANTS
1. Immunity from suit and
legal process in respect of things done or omitted to be done in the course of
the performance of official
duties.
2. Exemption from taxes in
respect of emoluments received as an officer or servant of the
organisation.
3. Exemption from
taxes on the importation of furniture and effects imported at the time of first
taking up post in Vanuatu that exemption
to be subject to compliance with such
conditions as the Minister responsible for finance may determine for the
protection of the
revenue.
SCHEDULE
5
(section 5)
PRIVILEGES AND IMMUNITIES OF OFFICIAL STAFFS AND OF HIGH OFFICERS' FAMILIES
Where any person is
accorded any such immunities and privileges as are mentioned in Schedule 3 as
the representative on any organ
of the organisation or a member of any commit
tee of the organisation, a member of his official staff accompanying him as such
a
representative or member shall also be accorded those immunities and
privileges to the game extent as the members of the staff of
a mission are
accorded the immunities and privileges accorded to a diplomatic
agent.
2. Where any person is
accorded any such privileges and immunities as are mentioned in Schedule 3 as an
officer of the organisation,
the members of family of that person who form part
of his household shall also be accorded those privileges and immunities to the
same extent as the members of the family of a diplomatic agent who form part of
his household are accorded the privileges and immunities
accorded to that
diplomatic agent.
SCHEDULE
6
(section 6)
INTERNATIONAL ORGANISATIONS
United
Nations
Agence De Cooperation Culturel
et Technique
The Commonwealth
Secretariat
Asian Development Bank
International Monetary Fund International Finance Corporation South Pacific
Commission
South Pacific Bureau for
Economic Co-operation
United Nations
Food and Agricultural Organisation (F.A.O.)
SCHEDULE
7
(section 6)
IMMUNITIES AND PRIVILEGES
1. Immunity from suit and
legal process in respect of words spoken or written and all acts performed in
his official capacity.
2.
Exemption from taxation on all stipends, emoluments and allowances paid to him
by the international organization.
SCHEDULE
8
(section 7)
PRIVILEGES AND IMMUNITIES OF A PERSON REFERRED TO IN SECTION 7 AND HIS FAMILY
1. Exemption from taxation
on all stipends, emoluments and allowances paid to such person in connection
with his duties in Vanuatu.
2.
Exemption from taxes on the importation of professional and technical equipment
used by such person in connection with his duties
in Vanuatu and on the
importation of furniture and effects, including one motor vehicle, of such
person and his family imported within
6 months from the time of first taking up
post in Vanuatu that exemption to be subject to compliance with such conditions
as the
Minister responsible for finance may determine for the protection of the
revenue.
----------------------------------------------
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback|
Report an error
URL: http://www.paclii.org/vu/legis/consol_act/dpaia363