Diplomatic and Consular Relations (Permanent Court of Arbitration) Order 2007

No. S 518

Diplomatic and Consular Relations Act

(Chapter 82A)

Diplomatic and Consular Relations (Permanent Court of Arbitration) Order 2007

In exercise of the powers conferred by section 6(3) of the Diplomatic and Consular Relations Act, the Minister for Foreign Affairs hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the Diplomatic and Consular Relations (Permanent Court of Arbitration) Order 2007 and shall come into operation on 1st October 2007.

Definitions

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

“Administrative Council” means the Administrative Council of the Permanent Court of Arbitration;

“International Bureau” means the International Bureau of the Permanent Court of Arbitration;

“Official of the PCA” means the Secretary-General or any member of the staff of the International Bureau;

“participant”, in relation to a PCA Proceeding, means any witness, expert, counsel, party to the PCA Proceeding, or agent or other representative of a party to the PCA Proceeding, and includes any interpreter, translator or court reporter taking part in any hearing, meeting or other activity in relation to the PCA Proceeding;

“Permanent Court of Arbitration” or “PCA” means the Permanent Court of Arbitration based in The Hague;

“PCA Adjudicator” means any arbitrator, mediator, conciliator or member of a commission of enquiry taking part in any hearing, meeting or other activity in relation to any PCA Proceeding;

“PCA Facility” means the PCA Facility for the Promotion of Dispute Resolution through the Mechanisms of the Permanent Court of Arbitration established in Singapore;

“PCA Facility Meeting” means any meeting or conference convened by the PCA Facility or the PCA, or under the sponsorship of either;

“PCA Proceeding” means any dispute resolution proceeding administered by or under the auspices of the PCA in which one or more of the parties is a State, a State-controlled entity or an intergovernmental organisation;

“Secretary-General” means the head of the International Bureau.

Additional immunities and privileges of PCA Facility

3. The PCA Facility shall enjoy and have, in addition to its immunities and privileges under the International Organisations (Immunities and Privileges) (Permanent Court of Arbitration) Order 2007 (G.N. No. S 519/2007) —

(a)	freedom of communication for all official purposes; and
(b)	the right to send and receive correspondence by courier or in a bag, such courier to enjoy the same privileges and immunities as a diplomatic courier, and such bag to have the same status as a diplomatic bag, under Article 27 of the Vienna Convention on Diplomatic Relations.

Additional immunities and privileges of Officials of the PCA and PCA Adjudicators

4. Every Official of the PCA, and every PCA Adjudicator, who is not a citizen or permanent resident of Singapore shall, when present in Singapore in connection with a PCA Proceeding or PCA Facility Meeting, enjoy and have, in addition to his immunities and privileges under the International Organisations (Immunities and Privileges) (Permanent Court of Arbitration) Order 2007 (G.N. No. S 519/2007), exemption from —

(a)	all public service of any kind whatsoever; and
(b)	military obligations,

except in so far as in any particular case that exemption is waived —

(i)	in the case of a PCA Adjudicator or an Official of the PCA (other than the Secretary-General), by the Secretary-General; or
(ii)	in the case of the Secretary-General, by the Administrative Council.

Immunities and privileges of participants in PCA Proceedings

5.—(1) Every participant in a PCA Proceeding who is not a citizen or permanent resident of Singapore shall, when present in Singapore in connection with a PCA Proceeding or PCA Facility Meeting at or in connection with the PCA Facility, enjoy and have —

(a)	immunity from criminal, civil and administrative jurisdiction in respect of all words spoken or written and all acts done by him in the course of the performance of his official duties in connection with the PCA Proceeding or PCA Facility Meeting;
(b)	inviolability of his documents and papers; and
(c)	the right to send and receive correspondence by courier or in a bag, such courier to enjoy the same privileges and immunities as a diplomatic courier, and such bag to have the same status as a diplomatic bag, under Article 27 of the Vienna Convention on Diplomatic Relations,

except in so far as in any particular case that immunity or privilege is waived —

(i)	in a case where the participant represents or is designated by a State which is a party to the PCA Proceeding, by the State; or
(ii)	in any other case, by the Secretary-General.

(2) Every participant in a PCA Proceeding who is a citizen or permanent resident of Singapore shall, when present in Singapore in connection with a PCA Proceeding or PCA Facility Meeting, enjoy and have immunity from suit and legal process in respect of all words spoken or written and all acts done by him in the course of the performance of his official duties in connection with the PCA Proceeding or PCA Facility Meeting, except in so far as in any particular case that immunity is waived —

(i)	in a case where the participant represents or is designated by a State which is a party to the PCA Proceeding, by the State; or
(ii)	in any other case, by the Secretary-General.

Immunities and privileges of personnel provided by Government pursuant to PCA Facility Agreement

6. Every member of the personnel provided by the Government pursuant to the Agreement between the Government and the PCA Regarding the Establishment of the PCA Facility shall enjoy and have immunity from suit and legal process in respect of all words spoken or written and all acts done by him in the course of the performance of his official duties in connection with the work of the PCA or PCA Facility, except in so far as in any particular case that immunity is waived by the Secretary-General.

Made this 26th day of September 2007.

BILAHARI KAUSIKAN

Second Permanent Secretary,
Ministry of Foreign Affairs,
Singapore.

[LAW 15/010/001 V4; AG/LEG/SL/82A/2005/1 Vol. 1]

(To be presented to Parliament under section 6(4) of the Diplomatic and Consular Relations Act).

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