Organisation for
Economic Co-operation 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;
“expert” means a person who is not an officer of the
Organisation, but is appointed as an expert by it to perform a mission for it;
“High Officer” of the Organisation means the
Secretary-General of the Organisation and any Deputy Secretary-General of the
Organisation;
“Law” means the Privileges and Immunities (Diplomatic, Consular,
etc.) (Jersey) Law 1998;
“officer” in relation to the Organisation includes its
High Officers, as well as any Assistant Secretary-General and any established
member of its staff;
“official premises” means all buildings, parts of
buildings and land ancillary to them, which (irrespective of ownership) are
used for the purposes of the Organisation, including the residence of any
officer appointed by the Organisation to be in charge of its operations in Jersey;
“Organisation” means the Organisation for Economic
Co-operation and Development established by a Convention done at Paris on 14th
December 1990;
“Representative” to the Organisation means a person
appointed by a member State, other than the United Kingdom, as its
representative to principal and subsidiary organs.
PART 2
THE ORGANISATION
2
The Organisation is one to which Part 5 of the Law applies.
3
The Organisation has the legal capacities of a body corporate.
4
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
The Organisation shall have the like inviolability of official
archives and premises as in accordance with the 1961 Convention Articles is
accorded in respect of the official archives and premises of a diplomatic
mission.
6
The Organisation shall have the like exemption or relief from taxes,
other than customs duties and taxes on the importation of goods, as is accorded
to a foreign sovereign Power.
7
The Organisation shall have the like relief from rates as in
accordance with Article 23 of the 1961 Convention Articles is accorded
in respect of the premises of a diplomatic mission.
8
The Organisation shall have exemption from customs duties and taxes
on the importation of goods imported by the Organisation for its official use
in Jersey and on the importation of publications of the Organisation imported
by it, such exemption to be subject to compliance with such conditions as the
Agent of the Impôts may impose for the protection of the Revenue.
9
The Organisation shall have exemption from prohibitions and
restrictions on importation or exportation in the case of goods imported or
exported by the Organisation for its official use and in the case of any
publications of the Organisation imported or exported by it.
10
The Organisation shall have relief, under arrangements made by the
Agent of the Impôts by way of refund of duty paid on any huiles
et essences within the meaning of the Customs and Excise (Jersey) Law 1999 which is bought in Jersey and used for
the official purposes of the Organisation, such relief to be subject to
compliance with such conditions as may be imposed in accordance with the
arrangements.
PART 3
REPRESENTATIVES
11
(1) Except in so far as in
any particular case any privilege or immunity is waived by the Government of
the member which he or she represents, any representative of a member to the
principal and subsidiary organs of the Organisation shall, while exercising the
representative’s functions and during the representative’s journeys
to and from the place of meeting, 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 customs duties and
taxes on the importation of goods, and rates as are accorded to or in respect
of a diplomatic agent;
(b) the
like exemption from customs duties and taxes on the importation of articles imported
for the representative’s personal use or the use of members of the
representative’s family forming part of the representative’s
household, including articles intended for the representative’s
establishment, as in accordance with paragraph (1) of Article 36 of
the 1961 Convention Articles is accorded to a diplomatic agent;
(c) the
like exemption and privileges in respect of the representative’s personal
baggage as in accordance with paragraph (2) of Article 36 of
the 1961 Convention Articles are accorded to a diplomatic agent;
(d) relief,
under arrangements made by the Agent of the Impôts, by way of refund of
customs duty paid on any huiles et essences within the meaning of the Customs and Excise (Jersey) Law 1999 which is bought in Jersey by the representative or on the
representative’s behalf, such relief to be subject to compliance with
such conditions as may be imposed in accordance with the arrangements; and
(e) exemptions
whereby, for the purposes of the Social Security (Jersey) Law 1974 –
(i) services rendered
for the Organisation by the representative shall be deemed to be excepted from
any class of employment in respect of which contributions under that Law are
payable, but
(ii) 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.
(2) Part IV of Schedule 3
to the Law shall not operate so as to confer any privilege or immunity
on –
(a) the
official staff of a representative other than delegates, alternates, advisers,
technical experts and secretaries of delegations; or
(b) the
family of a representative or of a member of the official staff of a representative.
(3) Neither this Regulation
nor Part IV of Schedule 3 to the Law shall operate so as to confer any
privilege or immunity on any person as the representative of the United Kingdom
or of Jersey or as a member of the official staff of such a representative or
on any person who is a citizen of the United Kingdom and Colonies.
PART 4
OFFICERS
12
(1) Except in so far as in
any particular case any privilege or immunity is waived by the Council of the
Organisation, and subject to the provisions of paragraph (2) of this Regulation
the Secretary-General of the Organisation and any Deputy Secretary-General
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 customs duties and
taxes on the importation of goods, and rates as are accorded to or in respect
of the head of a diplomatic mission;
(b) the
like exemption from customs duties and taxes on the importation of articles imported
for their personal use or the use of members of their families forming part of
their households, 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;
(c) 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;
(d) relief,
under arrangements made by the Agent of the Impôts, by way of refund of
customs duty paid 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, such relief to
be subject to compliance with such conditions as may be imposed in accordance
with the arrangements; and
(e) exemptions
whereby, for the purposes of the Social Security (Jersey) Law 1974 –
(i) services rendered
by them for the Organisation shall be deemed to be excepted from any class of
employment in respect of which contributions under that Law are payable, but
(ii) no
person shall be rendered liable to pay any contribution or premium which the
person would not be required to pay if those services were not deemed to be so
excepted.
(2) This Regulation shall
not apply to any person who is a citizen of the United Kingdom and Colonies or
a permanent resident of the United Kingdom or Jersey.
(3) Part IV of Schedule 3
to the Law shall not operate so as to confer any privilege or immunity on any
member of the family of the Secretary-General other than the
Secretary-General’s spouse or civil partner and children under the age of
21 or on any member of the family of any Deputy Secretary-General.[1]
13
Except in so far as any particular case any privilege or immunity is
waived by the Secretary-General, Assistant Secretaries-General and established
members of the staff of the Organisation shall enjoy –
(a) immunity from suit and
legal process in respect of things done or omitted to be done by them in their
official capacity;
(b) exemption from income
tax in respect of emoluments received by them as officers of the Organisation;
and
(c) the like exemption from
customs duties and taxes on the importation of articles which –
(i) at
or about the time when they first enter Jersey to take up their posts as
officers of the Organisation are imported for their personal use or that of
members of their families forming part of their household, including articles rendered
for their establishment, and
(ii) are articles
which were in their ownership or possession or that of such members of their
families, or which they or such members of their families were under contract
to purchase, immediately before they so entered Jersey,
as in accordance with paragraph (1) of Article 36 of
the 1961 Convention Articles is accorded to a diplomatic agent.
PART 5
EXPERTS
14
Except in so far as in any particular case any privilege or immunity
is waived by the Secretary-General, experts (other than officers of the
Organisation) performing missions for the Organisation shall enjoy –
(a) immunity from suit and
legal process in respect of things done or omitted to be done by them in the
course of the performance of their missions;
(b) during the period of
their missions, including the time spent on journeys in connection with their
missions, the like immunity from personal arrest or detention and from seizure
of their baggage and the like inviolability for all papers and documents as is
accorded to a diplomatic agent.
PART 6
THE TRIBUNAL
15
(1) In this Regulation the “Tribunal”
means the Tribunal established by the Convention on the Establishment of a
Security Control in the field of Nuclear Energy.
(2) Except in so far as in
any particular case any immunity is waived by the Tribunal, the judges of the
Tribunal shall enjoy immunity from suit and legal process in respect of things
done or omitted to be done by them in their judicial capacity.
(3) Except in so far as in
any particular case any immunity is waived by the Tribunal, the
representatives, counsel and advocates appearing before the Tribunal shall
enjoy –
(a) immunity
from suit and legal process in regard to statements made and writings produced
by them in connection with the performance of their duties as representatives,
counsel or advocates before the Tribunal; and
(b) inviolability
for their documents.
PART 7
GENERAL
16
These Regulations may be cited as the Organisation for Economic
Co-operation and Development (Immunities and Privileges) (Jersey)
Regulations 1999.