S.I. No. 255/1968 - Diplomatic Relations and Immunities Act (Section 18) Order, 1968.

S.I. No. 255 of 1968.

DIPLOMATIC RELATIONS AND IMMUNITIES ACT (SECTION 18) ORDER, 1968.

WHEREAS a revised annex (which is set out in the Schedule to this Order) incorporating amendments to Annex XII to the Convention on the Privileges and Immunities of the Specialised Agencies of the United Nations adopted by the General Assembly of the United Nations on the 21st day of November, 1947 (in this Order referred to as the Convention) was transmitted to the Secretary-General of the United Nations Organisation pursuant to section 38 of that Convention on the 9th day of July, 1968;

NOW, the Government, in exercise of the powers conferred on them by section 18 of the Diplomatic Relations and Immunities Act, 1967 (No. 8 of 1967), hereby order as follows :

1. This Order may be cited as the Diplomatic Relations and Immunities Act (Section 18) Order, 1968.

2. Annex XII to the Convention shall have effect subject to the amendments thereto incorporated in the annex set out in the Schedule to this Order.

SCHEDULE

1. The privileges and immunities, exemptions and facilities referred to in Article VI, Section 21 of the standard clauses shall be accorded to the Secretary-General of the Organisation, to the Deputy Secretary-General and to the Secretary of the Maritime Safety Committee, provided that the provisions of this paragraph shall not require the Member in whose territory the Organisation has its Headquarters to apply Article VI, Section 21 of the standard clauses to any person who is its national.

2. (a) Experts (other than officials coming within the scope of Article VI) serving on committees of, or performing missions for, the Organisation shall be accorded the following privileges and immunities so far as is necessary for the effective exercise of their functions, including time spent on journeys in connection with service on such committees or missions:

(i) immunity from personal arrest or seizure of their personal baggage;

(ii) in respect of words spoken or written or acts done by them in the performance of their official functions, immunity from legal process of every kind, such immunity to continue notwithstanding that the persons concerned are no longer serving on committees of or employed on missions for the Organisation;

(iii) the same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are recorded to officials of foreign governments on temporary official missions;

(iv) inviolability for all papers and documents relating to the work on which they are engaged for the Organisation;

(v) the right to use codes and to receive documents and correspondence by courier or in sealed dispatch bags for their communications with the Inter-Governmental Maritime Consultative Organisation.

In connection with Section 2 (a) (iv) and (v) above, the principle contained in the last sentence of Section 12 of the standard clauses shall be applicable.

(b) Privileges and immunities are granted to such experts in the interests of the Organisation and not for the personal benefit of the individuals themselves. The Organisation shall have the right and duty to waive the immunity of any expert in any case where, in its opinion, the immunity would impede the course of justice and it can be waived without prejudice to the interests of the Organisation.

GIVEN under the Official Seal of the Government, this 6th day of

December, 1968.

SEÁN Ó LOINSIGH,

Taoiseach.

EXPLANATORY NOTE.

This Order effects a minor amendment in Annex XII to the Convention in the Privileges and Immunities of the Specialised Agencies of the United Nations set out in the Further Schedule to the Diplomatic Relations and Immunities Act, 1967 , by including the Deputy Secretary-General of IMCO as a person to whom the immunities provided in Article VI Section 21 of the Convention apply.