Treaty on Open
Skies (Privileges and Immunities) (Jersey) Law 1993
A LAW to provide for the conferring
of diplomatic privileges and immunities on persons exercising functions under
the Treaty on Open Skies.
Commencement [see endnotes]
1 Interpretation
In this
Law unless the context otherwise requires –
“1961 Convention
Articles” means the Articles (being certain Articles of the Vienna
Convention on Diplomatic Relations signed in 1961) set out in Schedule 1
to the Diplomatic Privileges Act 1964 of the United Kingdom relevant
provisions of which are also set out in the Schedule to this Law;
“designated person”
means a person designated by a State other than the United Kingdom pursuant to
Article XIII, Section I, paragraph 1 of the Treaty for the purpose of carrying
out duties relating to the conduct of observation flights pursuant to the
Treaty for that State, but shall not include a person declared unacceptable by
the United Kingdom under the circumstances provided for in Article XIII,
section I, paragraph 2 of the Treaty;
“Treaty” means
the Treaty on Open Skies opened for signature at Helsinki on 24th
March 1992.
2 Privileges
and immunities of designated persons
(1) Designated
persons shall enjoy the same privileges and immunities as are enjoyed under
United Kingdom law by diplomatic agents in accordance with the following
provisions of the 1961 Convention Articles, namely –
(a) Article 29;
(b) paragraph
2 of Article 30;
(c) paragraphs
1, 2 and 3 of Article 31; and
(d) Articles 34
and 35.
(2) Designated
persons shall, in addition, enjoy the same privileges as are enjoyed under
United Kingdom law by diplomatic agents in accordance with paragraph 1(b) of
Article 36 of the 1961 Articles, except in relation to articles the
import or export of which is prohibited by law or controlled by quarantine regulations.
(3) Subject
to paragraph (5) the privileges and immunities accorded to designated
persons by virtue of paragraphs (1) and (2) shall be enjoyed by them for
the period between their arrival in Jersey for the purpose of carrying out
duties relating to the conduct of observation flights and departure from Jersey
and thereafter with respect to acts previously performed in the exercise of
their official functions as designated persons.
(4) Designated
persons shall, in addition, enjoy in Jersey the same privileges and immunities
as are enjoyed by diplomatic agents in accordance with paragraph 1 of Article 40
of the 1961 Convention Articles at any time when they are in Jersey while
in transit to or from the territory of any State for the purpose of carrying
out duties relating to the conduct of observation flights.
(5) The
immunity from jurisdiction enjoyed by a designated person by or by virtue of
sub-paragraph (c) of paragraph (1) of this Article shall cease to be
so enjoyed if expressly waived by the State of which he or she is a national.
(6) The
means of transport of designated persons in Jersey shall be accorded the same
inviolability as is accorded to the means of transport of a mission in the
United Kingdom in accordance with Article 22(3) of the 1961
Convention Articles.
(7) If
in any proceedings any question arises whether or not any person is entitled to
any privilege or immunity by virtue of this Article, a certificate issued by
the Attorney General stating any fact relating to that question shall be
conclusive evidence of the fact.
3 Citation
This Law may be cited as
the Treaty on Open Skies (Privileges and Immunities) (Jersey) Law 1993.
SCHEDULE
(Article 1)
THE 1961
CONVENTION ARTICLES
ARTICLE 22
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 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. His
papers, correspondence and, except as provided in paragraph 3 of Article 31,
his property, shall likewise 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 legatee 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.
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.
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.