European Bank for
Reconstruction and Development (Immunities and Privileges) (Jersey)
Regulations 1999
PART 1
INTERPRETATION
1
In these Regulations –
“1961 Convention Articles” means the Articles (being
certain Articles of the Vienna Convention on Diplomatic Relations signed
in 1961) which are set out in Schedule 1 to the Law;
“Agreement Establishing the Bank” means the Agreement
Establishing the European Bank for Reconstruction and Development signed in
Paris on 29th May 1990, and any amendments thereto;
“Archives of the Bank” includes all records,
correspondence, documents, manuscripts, still and moving pictures and films,
sound recordings, computer programmes and written materials, video tapes or
discs, and discs or tapes containing data belonging to, or held by, the Bank;
“Bank” means the European Bank for Reconstruction and
Development;
“Employees of the Bank” means the staff of the Bank
excluding those staff both recruited locally and assigned to hourly rates of
pay;
“Law” means the Privileges and Immunities (Diplomatic, Consular,
etc.) (Jersey) Law 1998;
the terms “Member”, “President”, “Vice-President”,
“Governor”, “Alternate Governor”, “Temporary
Alternate Governor”, “Board of Governors”, “Director”,
“Alternate Director”, “Temporary Alternate Director”
and “Board of Directors”, have the same meaning as in the Agreement
Establishing the Bank, its By-laws or Rules of Procedure;
“Members of Delegations” means alternates, advisers,
technical experts and secretaries of delegations of Representatives of Members;
“Officers” means the President, the Vice-President and
other persons appointed by the President to be Officers of the Bank;
“Official Activities of the Bank” includes all
activities undertaken pursuant to the Agreement Establishing the Bank, and all
activities appropriate to fulfil its purpose and functions under Articles 1
and 2 of that Agreement, or undertaken in exercise of its powers under Article 20
of that Agreement including its administrative activities;
“Persons Connected with the Bank” means Governors,
Alternate Governors, Temporary Alternate Governors, Representatives of Members,
Members of Delegations, Directors, Alternate Directors, Temporary Alternate
Directors, the President, the Vice-Presidents, Officers and Employees of the
Bank, and experts performing missions for the Bank;
“Premises of the Bank” means the land, buildings and
parts of buildings, including access facilities, used for the Official Activities
of the Bank; and
“Representatives of Members” means heads of delegations of
Members participating in meetings convened by the Bank other than meetings of
the Board of Governors or the Board of Directors.
PART 2
THE BANK
2
The Bank is an organisation to which Part 5 of the Law applies.
3
The Bank has the legal capacities of a body corporate.
4
(1) Except to the extent
that the Board of Directors of the Bank shall have waived immunity, the Bank
shall have immunity from suit and legal process –
(a) where
the Bank has no office in Jersey, nor has appointed an agent in Jersey for the
purpose of accepting service or notice of process, nor has issued or guaranteed
securities in Jersey;
(b) where
actions are brought by any member of the Bank or by any person acting for or
deriving claims from any member of the Bank;
(c) in respect
of any form of seizure of, or restraint, attachment or execution on, the
property or assets of the Bank, wheresoever located or by whomsoever held,
before the delivery of final judgment against the Bank; or
(d) in
respect of the search, requisition, confiscation or expropriation of, or any
other form of interference with, or taking of or foreclosure on, the property
or assets of the Bank, wheresoever located and by whomsoever held.
(2) Without prejudice to paragraph (1),
the Bank shall, within the scope of its Official Activities, have immunity from
suit and legal process, except that the immunity of the Bank shall not
apply –
(a) to
the extent that the Bank shall have expressly waived any such immunity in any
particular case or in any written document;
(b) in
respect of a civil action arising out of the exercise of its powers to borrow
money, to guarantee obligations and to buy or sell or underwrite the sale of
any securities;
(c) in
respect of a civil action by a third party for damage arising from a road
traffic accident caused by an Officer or an Employee of the Bank acting on
behalf of the Bank;
(d) in
respect of a civil action relating to death or personal injury caused by an act
or omission in Jersey;
(e) in
respect of the enforcement of an arbitration award made against the Bank as a
result of an express submission to arbitration by or on behalf of the Bank; or
(f) in
respect of any counter-claim directly connected with court proceedings
initiated by the Bank.
5
(1) The Premises of the
Bank and the Archives of the Bank shall have the like inviolability as, in
accordance with the 1961 Convention Articles, is accorded in respect of
the official archives and premises of a diplomatic mission, except that the
Premises of the Bank may be entered with the consent of and conditions approved
by the President; such consent may be assumed in the case of fire or other
disasters requiring prompt action.
(2) The Premises of the
Bank may be entered in connection with fire prevention, sanitary regulations or
emergencies without the prior consent of the Bank in such circumstances and in
such a manner as may have been determined by any agreement for that purpose
entered into between the States of Jersey and the Bank.
6
Within the scope of its Official Activities the Bank, its property,
assets, income and profits are exempt from income tax.
7
(1) The Bank is not liable
in respect of its official premises to pay any –
(a) foncier’s rate;
(b) occupier’s
rate; or
(c) other
taxes or dues, except such as represent payment for specific services rendered.
(2) For the avoidance of
doubt, paragraph (1) does not apply to sums payable under any rule of law
or enactment from time to time in force by people contracting with the Bank.
(3) For the purposes of
this Regulation, “official premises” of the Bank are all buildings,
parts of buildings and land ancillary to them, which, irrespective of
ownership, are used for the purposes of the Bank, including the residence of
any person appointed by the Bank to be in charge of its operations in Jersey.
8
(1) Subject to compliance
with such conditions as the Agent of the Impôts may impose for the
protection of the Revenue, the Bank is exempt from duties and taxes on the
importation by it, or on its behalf, of goods and publications necessary for
the exercise of its official activities.
(2) The Bank shall be
entitled to relief by way of refund of duty paid on any “huiles et
essences” within the meaning of the Customs and Excise (Jersey) Law 1999necessary for its official activities, under and subject to
arrangements made by the Agent of the Impôts.
PART 3
PERSONS CONNECTED WITH THE
BANK
9
(1) A Person Connected with
the Bank shall enjoy –
(a) immunity
from suit and legal process, even after the termination of the person’s
mission or service, in respect of acts performed by the person in the
person’s official capacity including words written or spoken by the
person, except in respect of civil liability in the case of damage arising from
a road traffic accident caused by the person;
(b) such
immunity from suit and legal process as is necessary to ensure that all their
official papers and documents have the like inviolability as, in accordance
with the 1961 Convention Articles, is accorded in respect of official
archives of a diplomatic mission.
(2) In addition to the
immunities set out in paragraph (1), Directors, Alternate Directors,
Officers and Employees, and experts performing missions for the Bank under
contract longer than 18 months shall, at the time of first taking up their
post in Jersey, be exempt from duties, whether of customs or excise, and taxes
on the importation of articles (except payments for services) in respect of
import of their furniture and personal effects (including one motor car each),
and the furniture and personal effects of members of their family forming part
of their household, which are in their ownership or possession or already
ordered by them and intended for their personal use or for their establishment.
(3) In addition to the
privileges and immunities set out in paragraph (1) of this Regulation,
Governors, Alternate Governors and Representatives of Members shall
enjoy –
(a) the
like exemption from duties and taxes on the importation of their personal
baggage, and the like privilege as to the importation of such articles, as in
accordance with paragraph (1) of Article 36 of the 1961
Convention Articles is accorded to a diplomatic agent;
(b) the
like exemption and privileges in respect of their personal baggage as in
accordance with paragraph (2) of Article 36 of the 1961
Convention Articles are accorded to a diplomatic agent;
(c) such
immunity from suit and legal process as is necessary to ensure that their
personal baggage cannot be seized;
(d) immunity
from arrest or detention.
(4) In addition to the
immunities set out in paragraph (1) of this Regulation, the President and 5
Vice-Presidents, as nominated by the President, shall enjoy –
(a) the
like immunity from suit and legal process, the like inviolability of residence
and the like exemption or relief from taxes (other than income tax in respect
of their emoluments and duties and taxes on the importation of goods) as are
accorded to or in respect of a diplomatic agent;
(b) the
like exemption or relief from being subject to a foncier’s rate or occupier’s rate, or being liable to pay anything in
respect of a rate or anything by way of contribution in respect of a collective
rate, as is accorded to or in respect of a diplomatic agent;
(c) the
like exemption from duties and taxes on the importation of articles imported
for their personal use, including articles intended for their establishment, as
in accordance with paragraph (1) of Article 36 of the 1961
Convention Articles is accorded to a diplomatic agent;
(d) the
like exemption and privileges in respect of their personal baggage as in
accordance with paragraph (2) of Article 36 of the 1961
Convention Articles are accorded to a diplomatic agent;
(e) relief,
under arrangements made by the Agent of the Impôts, by way of refund of
duty on any “huiles et essences” within the meaning of the Customs and Excise (Jersey) Law 1999, which is bought in Jersey by them
or on their behalf and which is for their personal use or for that of members
of their family forming part of their household, under and subject to
arrangements made by the Agent of the Impôts.
(5) Paragraphs (2), (3)
and (4) of this Regulation shall not apply to any person who is a British
citizen, a British Dependent Territories citizen, a British Overseas citizen,
or a British National (Overseas), or who is a permanent resident of the United
Kingdom or of Jersey.
(6) Part IV of Schedule 3
to the Law shall not operate so as to confer any privilege or immunity on the
official staff of representatives other than Members of Delegations, nor so as
to confer any privilege or immunity on the family of any person to whom this Regulation
applies.
(7) Neither the provisions
of the preceding paragraphs of this Regulation, nor those of Part IV of Schedule 3
to the Law, shall operate so as to confer any privilege or immunity on any
persons as the representative of the United Kingdom or of Jersey or as a member
of the delegation of such a representative.
(8) Any privilege or
immunity conferred by the preceding paragraphs of this Regulation may be waived
as follows –
(a) in
the case of any privilege or immunity conferred on any officer or employee of
the Bank (other than the President or a Vice-President), or on an expert
performing a mission for the Bank, by the President;
(b) in
the case of any privilege or immunity conferred on the President or a
Vice-President, by the Board of Directors;
(c) in
the case of any privilege or immunity conferred on a Representative of a Member
or a member of the delegation, by the Member concerned.
10
(1) As from the date on
which an internal effective tax for the benefit of the Bank on the salaries and
emoluments paid to him or her by the Bank is applied, any Director, Alternate,
Officer and Employee of the Bank shall enjoy exemption from income tax in
respect of such salaries and emoluments, provided that nothing in this paragraph
shall be interpreted as precluding such salaries and emoluments from being
taken into account for the purpose of assessing the amount of taxation to be
applied to income from other sources.
(2) Paragraph (1) of
this Regulation shall not apply to pensions or annuities paid by the Bank.
11
As from the date on which the Bank establishes or joins a social
security scheme, the Directors, Alternate Directors, Officers and Employees of
the Bank shall enjoy exemptions whereby for the purposes of the Social Security (Jersey) Law 1974 –
(a) services rendered for
the Bank by them shall be deemed to be excepted from any class of employment in
respect of which contributions under that Law are payable; but
(b) no person shall be
rendered liable to pay any contribution which the person would not be required
to pay if those services were not deemed to be so excepted.
PART 4
GENERAL
12
These Regulations may be cited as the European Bank for
Reconstruction and Development (Immunities and Privileges) (Jersey) Regulations 1999.