- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Bank for International Settlements (Immunities and Privileges) Order 2021 No. 533
13.—(1) A person connected with the Bank has the following immunities—
(a)immunity from suit and legal process in respect of things done, or omitted to be done, while carrying out any official activities of the Bank;
(b)the like exemption and privileges in respect of their official baggage as, in accordance with the 1961 Convention Articles, are accorded to a diplomatic agent; and
(c)the like inviolability as, in accordance with the 1961 Convention Articles, is accorded to a diplomatic agent in respect of all official papers, documents, data and data media.
(2) The immunity granted under paragraph (1)(a) continues to apply to the person after they cease to be a person connected with the Bank.
(3) In addition to the immunities granted under paragraph (1), any person who is the General Manager of the Bank, the Deputy General Manager of the Bank, a member of staff of the Bank or a secondee—
(a)is exempt from tax of any kind on the salaries and emoluments, except pensions or annuities, paid by the Bank (but such salaries or emoluments may be taken into account by the Commissioners for Her Majesty’s Revenue and Customs, for the purpose of taxation to be applied to income from other sources); and
(b)enjoys exemptions whereby, for the purposes of the requirements of any enactment relating to social security, including enactments in force in Northern Ireland or Scotland—
(i)services rendered for the Bank by the person are deemed excepted from any class of employment in respect of which contributions or premiums under those enactments are payable; but
(ii)the person may not 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.
(4) A person who is a member of staff appointed to the BISIH London Centre or a secondee—
(a)is exempt from public service of any kind, except serving on a jury; and
(b)is exempt from duties (whether customs of excise) and taxes on the importation of articles (except payments for services) in respect of import of their furniture and personal effects (including one motor vehicle), provided such importation takes place within six months of the time of first taking up their post with the BISIH London Centre.
(5) A person who ceases to be a member of staff appointed to the BISIH London Centre, or a secondee, is exempt from duties (whether customs or excise) and taxes on the exportation of articles (except payments for services) in respect of export of their furniture and personal effects.
(6) Paragraph (3)(b) does not apply to a person who is a British citizen, British overseas territories citizen, British Overseas citizen, British National (Overseas) or any person who at the time of taking up their functions with the Bank is a permanent resident of the United Kingdom.
(7) Paragraphs (1)(b), (3)(a), (4)(a) and (b) and (5) do not apply to a member of staff appointed to the BISIH London centre or secondee who is a British Citizen, British overseas territories citizen, British Overseas citizen, British National (Overseas) or any person who at the time of taking up their functions with the Bank is a permanent resident of the United Kingdom.
(8) In this article, “person connected with the Bank” means—
(a)a member of the board of directors of the Bank;
(b)the General Manager of the Bank;
(c)the Deputy General Manager of the Bank;
(d)a member of staff of the Bank;
(e)a secondee; or
(f)a representative of a central bank or monetary authority which is a member of the Bank.
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