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Section 17

Diplomatic Privileges (United Nations And International Court Of Justice) Order, para. 17 · Revised Edition 2020

List of names. 36 [CAP. 23 Diplomatic Privileges and Consular Conventions CHAPTER 23 Ch. 176. Ch. 17. CAP. 23. DIPLOMATIC PRIVILEGES (UNITED NATIONS AND INTERNATIONAL COURT OF JUSTICE) ORDER (Sections 3, 5 and 6) 1. This Order may be cited as the DIPLOMATIC PRIVILEGES (UNITED NATIONS AND INTERNATIONAL COURT OF JUSTICE) ORDER. THE UNITED NATIONS A. The Organisation 2. The United Nations set up by the Charter signed at San Francisco on the 26th June, 1945, is an organisation of which Her Majesty’s Government in the United Kingdom and the governments of foreign sovereign powers are members. 3. The United Nations shall have the legal capacity of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution. 4. The United Nations shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign power accredited to Her Majesty’s Government in Belize. Diplomatic Privileges and Consular Conventions 37 5. 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 foreign sovereign power. 6. The United Nations shall have exemption from taxes on the importation of goods directly imported by the organisation for its official use in Belize or for exportation, or on the importation of any publications of the organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Comptroller of Customs and Excise may prescribe for the protection of the revenue. 7. The United Nations shall have exemption from prohibitions and restrictions on importation and exportation in the case of goods directly imported or exported by the organisation for its official use in the case of any publications of the organisation directly imported or exported by it. 8. 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 Belize), of any reduced rates applicable for the corresponding service in the case of press telegrams. B. Representatives of Members 9. Except in so far as in any particular case any privilege or immunity is waived by the member governments whom they represent, representatives of member governments to the General Assembly or to any Council or other organ of the United Nations 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 38 [CAP. 23 Diplomatic Privileges and Consular Conventions 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 an envoy of a foreign sovereign power accredited to Her Majesty’s Government in Belize 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 the incidence of any form of taxation depends upon residence, be deemed to be resident in Belize during any period when they are present in Belize while exercising their functions or during their journey to and from the place of meeting. Interpretation. 10. For the purposes of the application of this Order, the expression “representatives of member governments” shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations. C. High Officials of the United Nations 11. Except in so far as in any particular case any privilege or immunity is waived by the Secretary-General or the Security Council of the United Nations, the Secretary-General and Assistant Secretaries General of the United Nations (and not exceeding at one time six in number) shall be accorded in respect of themselves, their spouses and children under the age Diplomatic Privileges and Consular Conventions 39 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 an envoy of a foreign sovereign power accredited to Her Majesty’s Government in Belize, his spouse and children. They shall also enjoy exemption from income tax in respect of emoluments received by them as officers of the United Nations. D. Persons employed on missions on behalf of the United Nations 12. Except in so far as in any particular case any privilege or immunity is waived by the Secretary-General of the United Nations, persons employed on missions on behalf of the United Nations shall enjoyMissions. (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 the exercise of these functions. E. Other Officials of the United Nations 13. Except in so far as in any particular case any privilege or immunity is waived by the Secretary-General of the United Nations, officials of the United Nations (other than those referred to in Article 11 above, and officials engaged locally and remunerated by payment calculated by the number of hours worked) shall enjoy40 [CAP. 23 Diplomatic Privileges and Consular Conventions (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; and (b) exemption from income tax in respect of emoluments received by them as officers or servants of the United Nations. INTERNATIONAL COURT OF JUSTICE Privileges of Court. 14. Except in so far as in any particular case privilege or immunity 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, the like inviolability of residence and also the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Her Majesty’s Government in Belize. Income Tax. 15. 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. Privileges of agents, council, etc. 16. Except in so far as in any particular case any privilege or immunity is waived by the government whom 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 Diplomatic Privileges and Consular Conventions 41 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 an envoy of a foreign sovereign power accredited to Her Majesty’s Government in Belize, 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 Belize during any period when they are present in Belize while exercising these functions or during their journey to and from the place of meeting. GENERAL 17. The names of the persons to whom the provisions of Articles 9,10,11,12,14,15 and 16 of this Order apply shall be set forth in a list compiled and published from time to time by the Minister under section 2(3) of the Diplomatic Privileges and Consular Conventions Act, and such list shall show in regard to each person the date as from which, for the purposes of this Order, he 42 [CAP. 23 Diplomatic Privileges and Consular Conventions first held the office or employment in question, and the date when he ceased to hold that office or employment.
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