Chapter I. Legislative texts concerning the legal status of the United Nations and related inter- governmental organizations

LEGISLATIVE TEXTS CONCERNING THE LEGAL STATUS OF THE UNITED NATIONS AND RELATED INTER-GOVERNMENTAL ORGANIZATIONS

1. Australia

   REGULATIONS UNDER THE INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ACT, 1963-1966 1

   WHEREAS it is provided by section 7 of the International Organizations (Privileges and

   Immunities) Act, 1963-1966 2 that where an international conference is, or is to be, held in

   Australia or in a Territory of the Commonwealth and it appears to the Governor-General that the provisions of that Act other than that section do not, or may not, apply in relation to that conference but it is desirable that diplomatic privileges and immunities should be applicable in relation to that conference, the regulations may declare the conference to be a conference to which that section applies:

   AND WHEREAS it appears to me that the provisions of that Act, other than section 7 of that Act, may not apply in relation to the international conference referred to in the following Regulations but it is desirable that diplomatic privileges and immunities should be applicable in relation to that conference:

   NOW THEREFORE I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the International Organizations (Privileges and Immunities) Act, 1963-1966.

   Dated this seventeenth day of April, 1968.

   CASEY

   Go vernor-General

   By His Excellency's Command,

   ECONOMIC COMMISSION FOR ASIA AND THE FAR EAST (PRIVILEGES AND IMMUNITIES) REGULATIONS

1. These Regulations may be cited as the Economic Commission for Asia and the Far East (Privileges and Immunities) Regulations.

2. The international conference that is to be held at Canberra in the Australian Capital Territory commencing on the seventeenth day of April, One thousand nine hundred and sixty-eight, being the conference known as the Twenty-fourth Session of the United Nations

   1 S.R. 1968 No. 54. Notified in the Commonwealth Gazette on 17 April 1968.

   2 See Juridical Yearbook, 1963, p. 6.

   P. HASLUCK

   Minister of State for External Affairs.

   Economic Commission for Asia and the Far East, is declared to be a conference to which section 7 of the International Organizations (Privileges and Immunities) Act, 1963-1966 applies.

2. Barbados

   DIPLOMATIC IMMUNITIES AND PRIVILEGES (AMENDMENT) ACT, 1967

   An Act 3 to amend the Diplomatic Immunities and Privileges Act, 1967 4

   (7th March, 1968)

   BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and House of Assembly of Barbados, and by the authority of the same as follows:

1. This Act may be cited as the Diplomatic Immunities and Privileges (Amendment) Act, 1968.

2. The provisions of the Diplomatic Immunities and Privileges Act, 1967 specified in the first column of the Schedule to this Act shall have effect and shall be deemed always to have had effect as amended in the respects specified in the second column of that Schedule.

   Schedule

   (Section 2)

   Provision Amendment

   For subsection (1) substitute the following:

   Section 6 "(1) This section shall apply to any organisation of which one or more sovereign powers or the government thereof are members,";

   ... substitute a comma for the full stop appearing at the end of subsection 2(b) (iii); and for subsection 2(c) substitute the following;

   "(c) confer upon such other classes of officers and servants of the organisation as are specified in the order, to such extent as is so specified, the immunities and privileges specified in Part TIT of the Second Schedule."

3. Canada

   (a) INTERNATIONAL POPLAR COMMISSION (FAO) PRIVILEGES AND IMMUNITIES ORDER, 1968 5

   His Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs, with the concurrence of the Minister of Finance and

   3 No. 5 of 1968. Assented to on 29 February 1968.

   4 See Juridical Yearbook, 1967, p. 6.

   5 P.C. 1968-592. Dated 28 March 196S.

   the Minister of Forestry and Rural Development, pursuant to section 3 of the Privileges and Immunities (International Organizations) Act,6 is pleased hereby to make the annexed Order respecting privileges and immunities in Canada of the Internationa] Poplar Commission of the Food and Agriculture Organization of the United Nations.

   Order respecting the privileges and immunities in Canada of the International Poplar Commission of the Food and Agriculture Organization of the United Nations

1. This Order may be cited as the International Poplar Commission (FAO) Privileges and Immunities Order, 1968.

2. In this Order,

   (a) "Commission" means the International Poplar Commission of the United Nations Food and Agriculture Organization; and

   (b) "Convention" means the Convention on the Privileges and Immunities of the United Nations. "'

3. During the period September 1 to September 30, 1968,

   (a) the Commission shall have in Canada the legal capacities of a body corporate and shall, to such extent as it may require, have the privileges and immunities set forth in Articles II and III of the Convention for the United Nations;

   (b) representatives of states and governments that are members of the Commission shall, to such extent as may be required for the performance of their functions, have the privileges and immunities set forth in Article IV of the Convention for representatives of members;

   (c) all officials of the Commission in Canada shall, to such extent as may be required for the performance of their functions, have the privileges and immunities set forth in Article V of the Convention for officials of the United Nations; and

   (d) all experts, performing missions for the Commission in Canada shall, to such extent as may be required for the performance of their functions, have the privileges and immunities set forth in Article VI of the Convention for experts on missions for the United Nations,

4. Nothing in this Order exempts a Canadian citizen residing or ordinarily resident in Canada from liability for any taxes or duties imposed by any law in Canada.

   (b) PROVINCE OF QUEBEC ORDER-IN-COUNCIL NO . 527 OF 13 MARC H 1968 CONCERN-ING CERTAIN TAX CONCESSIONS TO NON-CANADlAN REPRESENTATIVES TO THE

   INTERNATIONAL CIVI L AVIATION ORGANIZATION 8

   WHEREAS Order-in-Council No. 1174 of July 20, 1966 9 stipulates that the regulation concerning certain tax concessions to non-Canadian representatives of the International Civil Aviation Organization appended to this Order-in-Council be enacted in its French and in its English version;

   •* See Juridical Yearbook, 1965, p. 3.

   7 United Nations, Treaty Series, vol. 1, p. 15.

   8 Text kindly furnished by the International Civil Aviation Organization.

   9 See Juridical Yearbook, 1966, p. 6.

   WHEREAS the federal authorities grant also, subsequent to the agreement effected in 1951, a sales tax exemption to certain other officers of the International Civil Aviation Organization;

   WHEREAS it is appropriate to grant tax exemptions to certain officers not mentioned in

   section 1 of the regulation appended to Order-in-Council No. 1174 of July 20, 1966; •

   WHEREFORE, IT IS ORDERED, upon the recommendation of the Minister of Revenue:

   THAT paragraph (e) of section 1 of the regulation appended to Order-in-Council No. 1174 of July 20, 1966 be replaced by the following and take effect as of January 1st 1968:

   "(e) exemption from the tax payable pursuant to the Retail Sales Tax Act, by way of a refund and in accordance with a procedure to be established by the Minister of Revenue; when, however, the purchase of automobile vehicles is involved, the exemption by way of a refund is also granted to certain non-Canadian officers of the International Civil Aviation Organization, namely "the professional category" class 1 (P-4) or principal (P-5) officers and the "directors" (P-0)."

4. Ireland

   DIPLOMATIC RELATIONS AND IMMUNITIES AC T (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 10 (in this Order referred to as the Convention) was transmitted to the Secretary-General of the United Nations Organization 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), u 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 Organization, to the Deputy Secretary-General and to the Secretary of the Maritime Safety Committee, provided that the pro-visions of this paragraph shall not require the Member in whose territory the Organization 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 Organization 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 connexion with service on such committees or missions:

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

   10 United Nations, Treaty Series, vol. 33, p. 261.

   11 See Juridical Yearbook, 1967, p. 37.

   (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...