The International Seabed Authority (Immunities and Privileges) Order 2000

PART V OFFICIALS

High Officials

17.—(1) Except in so far as in any particular case any privilege or immunity is waived by the Assembly of the Authority in the case of the Secretary-General, or by the Secretary-General, in the case of the Director-General of the Enterprise, the Secretary-General of the Authority or any official acting on his behalf during his absence from duty and the Director-General of the Enterprise 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, 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 his personal use or the use of members of his family forming part of his household, including articles intended for his 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 his 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 Commissioners of Customs and Excise, by way of refund of customs duty paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979) or value added tax paid on the importation of such oil which is bought in the United Kingdom by him or on his 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 enactments relating to national insurance and social security, including enactments in force in Northern Ireland,—

(i) services rendered for the Authority by the officer shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but

(ii) no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were not deemed to be so excepted.

(2) This Article shall not apply to any person who is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British national (Overseas) or a permanent resident of the United Kingdom.

(3) Part IV of Schedule 1 of the Act shall not operate so as to confer any privilege or immunity on any member of the family of any officer to whom this Article applies other than his spouse and minor children.

(4) Paragraph 1(a) of this Article shall not apply to pensions and annuities paid by the Authority.

All Officials

18.—(1) Except in so far as in any particular case any privilege or immunity is waived by the Secretary-General of the Authority, or, in the case of the Secretary-General, by the Assembly of the Authority, officials of the Authority shall enjoy:

(a) immunity from suit and legal process and from personal arrest or detention in respect of acts, including words written or spoken, done by them in the exercise of their functions;

(b) exemption from income tax in respect of salaries and emoluments received by them as officials of the Authority;

(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 the United Kingdom to take up their posts as officials of the Organisation are imported for their personal use or that of members of their families forming part of their households, including articles intended 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 the United Kingdom, as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent; and

(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, as if in that paragraph the reference to paragraph 1 of the Article were a reference to paragraph 1(c) of this Article.

(2) Paragraph 1(b) of this Article shall not apply to pensions and annuities paid by the Authority.