International Organisations (Immunities and Privileges) (78th Session of the INTERPOL General Assembly) Order 2009

No. S 454

International Organisations
(Immunities and Privileges) Act

(Chapter 145)

International Organisations (Immunities and Privileges) (78TH Session of the Interpol General Assembly) Order 2009

In exercise of the powers conferred by section 2(2) of the International Organisations (Immunities and Privileges) Act, the President hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the International Organisations (Immunities and Privileges) (78th Session of the INTERPOL General Assembly) Order 2009 and shall come into operation on 7th October 2009.

Definitions

2. In this Order, unless the context otherwise requires —

“Executive Committee” means the Executive Committee of ICPO-INTERPOL;

“General Assembly” means the 78th ICPO-INTERPOL General Assembly to be held in Singapore between 11th October 2009 and 15th October 2009 (both dates inclusive);

“ICPO-INTERPOL” means The International Criminal Police Organization – INTERPOL;

“Participant” means —

(a)	any member of the Executive Committee attending the Sessions;
(b)	any person attending the General Assembly as a representative of the government of any member state of ICPO-INTERPOL and whose name is included in the list of participants provided by ICPO-INTERPOL to the Government not later than 4th October 2009; or
(c)	the Secretary-General;

“Secretary-General” means the Secretary-General of the ICPO-INTERPOL;

“Sessions” means the sessions of the Meeting of the Executive Committee of ICPO-INTERPOL and 78th ICPO-INTERPOL General Assembly to be held in Singapore between 9th October 2009 and 15th October 2009 (both dates inclusive).

Status of ICPO-INTERPOL

3.—(1) The ICPO-INTERPOL is an organisation of which the Government and the governments of foreign sovereign Powers are members.

(2) The ICPO-INTERPOL shall have the legal capacities of a body corporate for all acts done for the purposes of the Sessions.

Immunities and privileges of ICPO-INTERPOL

4.—(1) The ICPO-INTERPOL shall enjoy immunity from legal process in respect of acts done in the exercise of official functions for the purposes of the Sessions except in the following cases:

(a)	a civil suit based on contractual obligations incumbent upon the ICPO-INTERPOL;
(b)	a civil claim for damages arising from an accident caused by any motor vehicle belonging to the ICPO-INTERPOL or used on its behalf, or from a contravention of written law relating to road traffic involving a motor vehicle belonging to the ICPO-INTERPOL or used on its behalf;
(c)	a counter claim.

(2) During the period between 7th October 2009 and 16th October 2009 (both dates inclusive), the ICPO-INTERPOL shall have the like inviolability of its official archives held in whatever form and wherever they are located, as is accorded in respect of the official archives of an envoy of a foreign sovereign Power accredited to the Republic of Singapore.

(3) The ICPO-INTERPOL shall have such exemption or relief from the following duties and taxes (excluding duties and taxes on motor vehicles, motor spirits, tobacco and alcoholic products) as may be accorded to a foreign sovereign Power:

(a)

customs and excise duties on —

(i)	all administrative, technical and scientific materials imported by the ICPO-INTERPOL for the purposes of the Sessions;
(ii)	all publications of the ICPO-INTERPOL and other official documents imported by ICPO-INTERPOL for its official use in connection with the Sessions; and
(iii)	other goods imported by the ICPO-INTERPOL to be used as gifts by or to the Secretary-General and officials of ICPO-INTERPOL during the General Assembly; and

(b)

goods and services tax on —

(i)	all administrative, technical and scientific materials imported by the ICPO-INTERPOL for the purposes of the Sessions, subject to the conditions listed in respect of items 23 and 37 of the Schedule to the Goods and Services Tax (Imports Relief) Order (Cap. 117A, O 3);
(ii)	all publications of the ICPO-INTERPOL and other official documents imported by ICPO-INTERPOL for its official use in connection with the Sessions, subject to the conditions listed in respect of item 33(ii) of the Schedule to the Goods and Services Tax (Imports Relief) Order (Cap. 117A, O 3; and
(iii)	other goods imported by the ICPO-INTERPOL to be used as gifts by or to the Secretary-General and officials of ICPO-INTERPOL during the General Assembly, subject to the conditions listed in respect of item 33(i) of the Schedule to the Goods and Services Tax (Imports Relief) Order.

Immunities and privileges of Participants and family members of Secretary-General

5. Every Participant, and where the Participant is the Secretary-General, his spouse and children below the age of 21 years accompanying the Secretary-General, shall enjoy the following immunities and privileges during the Sessions and when travelling to and from the location where the Sessions are being held:

(a)	immunity from arrest and detention, except if caught in the act of committing an offence; and
(b)	immunity from legal process for official acts performed in the exercise of his official functions (which immunity shall continue to apply after the Sessions), provided that such immunity shall not apply in the case of an offence against the written law relating to motor vehicle traffic committed by such a person, or of damage caused by a motor vehicle belonging to or driven by such a person.

Non-application of Part IV of Schedule to Act

6. Except as provided in paragraph 5, Part IV of the Schedule to the Act shall not apply to extend any immunity or privilege conferred by this Order to any person.

Waiver of immunity or privilege

7. Any immunity or privilege conferred on a person under paragraph 4 or 5 shall not apply to that person if, in any particular case, it is waived —

(a)	in the case of the Secretary-General, by the Executive Committee; and
(b)	in the case of any other person, by the ICPO-INTERPOL or the competent authorities in the relevant member state of ICPO-INTERPOL, as the case may be.

Non-application of immunities and privileges

8.—(1) Notwithstanding anything in this Order, no immunity or privilege referred to in paragraph 5 shall be enjoyed by any person who is a citizen or permanent resident of Singapore.

(2) Notwithstanding anything in this Order, the Government may, in consultation with ICPO-INTERPOL where circumstances permit, take any lawful measures necessary for reasons of security, public safety and health.

Made this 28th day of September 2009.

By Command,

LAU WAH MING

Secretary to the Cabinet,
Singapore.

[MFA C146/16/02SJ3; AG/LEG/SL/145/2001/1 Vol. 6]

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