International Organisations (Immunities and Privileges) (International Rubber Study Group) Order 2022

No. S 476

International Organisations
(Immunities and Privileges) Act 1948

International Organisations
(Immunities and Privileges)
(International Rubber Study Group) Order 2022

In exercise of the powers conferred by section 2(2) of the International Organisations (Immunities and Privileges) Act 1948, the President makes the following Order:

Citation and commencement

1. This Order is the International Organisations (Immunities and Privileges) (International Rubber Study Group) Order 2022 and is deemed to have come into operation on 1 July 2008.

Definitions

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

“expert”, in relation to the IRSG, means a person employed on missions on behalf of the IRSG and who serves on the Industry Advisory Panel, the Statistical Committee or any other committee duly constituted by the IRSG;

“IRSG” means the International Rubber Study Group established in 1944 as an inter-governmental organisation for the purposes of bringing together the world’s rubber producing and consuming stakeholders, and providing a forum for the discussion of matters affecting the supply of and demand for natural rubber and synthetic rubber;

“member of the professional staff”, in relation to the IRSG, means an officer or employee of the IRSG assigned by the IRSG to work in the IRSG Headquarters in Singapore and holding any of the following appointments in the IRSG:

(a)	Secretary-General;
(b)	Head of Economics and Statistics;
(c)	Senior Economist;

“representative” means the head or alternate head of any delegation attending any annual assembly of the IRSG, or any meeting of the heads of delegations, in Singapore as a representative of the government of any member state of the IRSG;

“Secretary-General” means the executive head of the Secretariat of the IRSG.

Status of IRSG

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

(2) The IRSG has the legal capacities of a body corporate.

Immunities and privileges of IRSG

4.—(1) The IRSG has immunity from suit and legal process, except in any particular case where a request for waiver of immunity has been delivered to the Secretary‑General by a party to any legal proceedings, or by the person or body before which the legal proceedings are pending, and the IRSG —

(a)	expressly waives its immunity; or
(b)	fails to give notice, within 15 days after the receipt of the request, that it does not waive its immunity.

(2) The immunity conferred under sub‑paragraph (1) does not apply in the case of —

(a)	a civil action by any party (excluding the Government or the IRSG) arising from any accident caused by any motor vehicle belonging to, or operated on behalf of, the IRSG; or
(b)	an offence against any written law relating to motor vehicle traffic, involving a motor vehicle belonging to, or operated on behalf of, the IRSG.

(3) The IRSG has the like inviolability of its official archives (including all records, correspondence, documents, manuscripts, photographs, films, recordings and electronic media belonging to or held by the IRSG) 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 President.

(4) Subject to sub-paragraphs (5) and (6), the IRSG has the like exemption or relief from taxes as may be accorded to a foreign sovereign Power, only in respect of the following taxes:

(a)	income tax on all its income derived from Singapore;
(b)	property tax on, and stamp duty in respect of any lease of, the official premises of the IRSG in Singapore;
(c)	goods and services tax on all goods (excluding liquor and tobacco) directly imported by the IRSG for its official use in Singapore;
(d)	customs and excise duties on all goods (excluding liquor and tobacco) directly imported by the IRSG for its official use in Singapore.

(5) Sub-paragraph (4)(c) and (d) does not apply to any goods imported for the personal benefit of any member of the staff of the IRSG.

(6) All goods to which sub-paragraph (4) applies must not be given away, sold, hired or otherwise disposed of in Singapore, except in accordance with the laws of Singapore.

(7) The IRSG is exempted from any prohibition or restriction on the importation or exportation of goods directly imported or exported by the IRSG for its official use, except —

(a)	liquor;
(b)	tobacco; and
(c)	goods subject to controls under the Arms and Explosives Act 1913 and the Strategic Goods (Control) Act 2002.

Immunities and privileges of experts

5.—(1) Subject to paragraph 7, every expert (not being a citizen or permanent resident of Singapore) of the IRSG has immunity from suit and legal process in respect of —

(a)	all the expert’s official papers and documents (including electronic records) prepared in the course of the performance of his or her official duties; and
(b)	all words spoken or written and all acts done or omitted to be done by the expert in the course of the performance of his or her official duties.

(2) The immunity conferred under sub‑paragraph (1) does not apply in the case of —

(a)	a civil action arising from any accident caused by a motor vehicle belonging to or driven by the expert; or
(b)	an offence against any written law relating to motor vehicle traffic, committed by the expert.

(3) Subject to paragraph 7, every expert (not being a citizen or permanent resident of Singapore) of the IRSG has the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to the President, only in respect of the following taxes:

(a)

goods and services tax in respect of the import of all furniture and personal effects (excluding liquor, tobacco and motor vehicles) that are for the expert’s personal use in Singapore, and that are —

(i)	already in the expert’s ownership or possession; or
(ii)	already ordered by the expert;

(b)

customs and excise duties in respect of the import of all furniture and personal effects (excluding liquor, tobacco and motor vehicles) for the expert’s personal use in Singapore, and that are —

(i)	already in the expert’s ownership or possession; or
(ii)	already ordered by the expert.

(4) The exemption or relief conferred under sub‑paragraph (3)(a) and (b) applies only to any furniture and personal effects (excluding liquor, tobacco and motor vehicles) that are imported within 6 months after the expert takes up his or her assignment as an expert of the IRSG in Singapore.

Immunities and privileges of professional staff

6.—(1) Subject to paragraph 7, every member of the professional staff (not being a citizen or permanent resident of Singapore) of the IRSG has immunity from suit and legal process in respect of —

(a)	all official papers and documents (including electronic records) prepared in the course of the performance of his or her official duties; and
(b)	all words spoken or written and all acts done or omitted to be done by the member of the professional staff of the IRSG in the course of the performance of his or her official duties.

(2) The immunity conferred under sub‑paragraph (1) does not apply in the case of —

(a)	a civil action arising from any accident caused by a motor vehicle belonging to or driven by the member of the professional staff of the IRSG; or
(b)	an offence against any written law relating to motor vehicle traffic, committed by the member of the professional staff of the IRSG.

(3) Subject to paragraph 7, every member of the professional staff (not being a citizen or permanent resident of Singapore) of the IRSG has exemption or relief from —

(a)

income tax in respect of all salaries, allowances and other emoluments (except pensions and annuities) paid to him or her by the IRSG;

(b)

goods and services tax in respect of the import of all furniture and personal effects (excluding liquor, tobacco and motor vehicles) for his or her own personal use in Singapore, and that are —

(i)	already in his or her ownership or possession; or
(ii)	already ordered by him or her; and

(c)

customs and excise duties in respect of the import of all furniture and personal effects (excluding liquor, tobacco and motor vehicles) for his or her personal use in Singapore, and that are —

(i)	already in his or her ownership or possession; or
(ii)	already ordered by him or her.

(4) The exemption or relief conferred under sub‑paragraph (3)(b) and (c) applies only to any furniture and personal effects (excluding liquor, tobacco and motor vehicles) that are imported within 6 months after the member of the professional staff of the IRSG takes up his or her assignment as a member of the professional staff of the IRSG in Singapore.

Waiver of immunity or privilege

7. Any immunity or privilege conferred on a person under paragraph 5 or 6 does not apply to that person if, in any particular case, it is waived —

(a)	in the case of an expert or a member of the professional staff (other than the Secretary‑General), by the Secretary‑General; or
(b)	in the case of the Secretary-General, by the Chairperson of the IRSG.

Immunities and privileges of representatives of governments of member states

8.—(1) Except to the extent that in any particular case any immunity is waived by the government of the member state which the representative represents, every representative (not being a citizen or permanent resident of Singapore) who attends any annual assembly of the IRSG or meeting of the heads of delegations in Singapore has, in the course of the performance of the representative’s official duties and during his or her journey to and from the place of meeting, immunity from suit and legal process in respect of —

(a)	all official papers and documents (including electronic records) prepared by, or in the possession of, the representative; and
(b)	all words spoken or written and all acts done or omitted to be done by the representative.

(2) The immunity conferred under sub‑paragraph (1)(b) continues to apply after the annual assembly of the IRSG or meeting of the heads of delegations concerned.

Made on 12 May 2022.

By Command,

TAN KEE YONG

Secretary to the Cabinet,
Singapore.

[MFA C850-401/22/06; AG/LEGIS/SL/145/2020/4 Vol. 1]

Search within Legislation