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No. S 490

International Organisations (Immunities and Privileges) Act

(Chapter 145)

International Organisations (Immunities and Privileges) (Multilateral Investment Guarantee Agency) Order 2002

In exercise of the powers conferred by section 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) (Multilateral Investment Guarantee Agency) Order 2002 and shall come into operation on 17th September 2002.

Definitions

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

“asset” includes the assets of the Sponsorship Trust Fund referred to in Annex I of the Convention and other assets administered by MIGA in furtherance of its objective;

“Convention” means the Convention Establishing the Multilateral Investment Guarantee Agency;

“member” means a State which is a party to the Convention;

“MIGA” means the Multilateral Investment Guarantee Agency established under the Convention.

PART I

THE ORGANISATION

Legal capacity of MIGA

3. MIGA is an organisation of the nature indicated in section 2(1) of the Act and shall have the legal capacity of a body corporate.

Immunity from suit and legal process

4.—(1) MIGA shall have immunity from any suit and legal process which relates to any personnel matter.

(2) MIGA shall have immunity from any suit or legal process brought by —

(a)	a member of MIGA, an agency of such member, or a person acting for or deriving any claim from such member; or
(b)	a State which has ceased to be a member of MIGA or an agency of such State.

(3) The property and assets of MIGA shall, wherever located and by whomsoever held, be immune from any legal process relating to the seizure, attachment or execution of such property or assets for the purpose of satisfying any judgment or award against MIGA, except in the case of a final judgment or award.

Inviolability of official archives and premises

5.—(1) MIGA shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of the official archives and premises of an envoy of a foreign sovereign Power accredited to the Republic of Singapore.

(2) Notwithstanding sub-paragraph (1), MIGA shall not permit its premises to be used as a refuge for avoiding arrest under the laws of Singapore or in any other manner incompatible with its purposes.

Exemption and relief from certain taxes and rates

6. MIGA shall have the like exemption or relief from taxes and rates, other than import, export or excise duties, on any article as is accorded to a foreign sovereign Power.

Exemption from tax on importation of goods

7. MIGA shall have exemption from tax on the importation of goods directly imported by it for its official use in Singapore or for exportation, or on the importation of any of the publications of MIGA directly imported by it, such exemption to be subject to compliance with such conditions as the Director-General of Customs and Excise may prescribe for the protection of revenue.

Exemption from prohibitions and restrictions on importation and exportation of goods

8. MIGA shall have exemption from prohibitions and restrictions on the importation and exportation in the case of goods directly imported or exported by it for its official use, and in the case of any publications of MIGA directly imported or exported by it.

Made this 13th day of September 2002.

By Command,

ONG KOK MIN
Secretary to the Cabinet.

[MFA C123/30/01; AG/LEG/SL/145/2001/1 Vol. 1]