International Organisations (Immunities and Privileges) (Permanent Court of Arbitration) Order 2007

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No. S 519

International Organisations (Immunities and Privileges) Act

(Chapter 145)

International Organisations (Immunities and Privileges) (Permanent Court of Arbitration) Order 2007

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) (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;

“Deputy Secretary-General” means the deputy to the head of the International Bureau;

“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;

“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;

“policy of insurance” means a policy of insurance in respect of third-party risks which complies with the requirements of the Motor Vehicles (Third-Party Risks and Compensation) Act (Cap. 189);

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

Status of PCA

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

(2) The PCA (including the PCA Facility, as an organ of the PCA) shall have the legal capacities of a body corporate.

Immunities and privileges of PCA Facility

4.—(1) The PCA Facility shall enjoy immunity from suit and legal process, except —

(a)	where there is an express waiver of immunity by the PCA in any particular case; or
(b)	in the case of any civil action arising out of any accident caused by any motor vehicle belonging to, or operated on behalf of, the PCA, where any damages claimed are not recoverable under any policy of insurance in force in relation to the use of that motor vehicle.

(2) The PCA Facility shall have the like inviolability of its official premises occupied as offices as is accorded in respect of the official premises of an envoy of a foreign sovereign Power accredited to the Republic of Singapore.

(3) The PCA Facility shall have the like inviolability of its official archives (including all documents and electronic media belonging to or held by it) as is accorded in respect of the official archives of an envoy of a foreign sovereign Power accredited to the Republic of Singapore.

(4) The PCA Facility shall have such exemption or relief from the following taxes as may be accorded to a foreign sovereign Power:

(a)	income tax on all income (including incidental interest), if any, derived from Singapore;
(b)	customs and excise duties on all goods (excluding liquor and tobacco) imported by the PCA Facility for its official use in Singapore;
(c)	goods and services tax on all goods (excluding liquor and tobacco) imported by, and all services provided to, the PCA Facility for its official use in Singapore; and
(d)	property tax and stamp duty in relation to all properties (excluding any office or meeting space provided by the Government for any activity undertaken in connection with any PCA Proceeding or PCA Facility Meeting) which are owned or leased by the PCA Facility in its own name.

(5) The PCA Facility shall be exempted from any prohibition or restriction on the importation or exportation of its publications or goods imported or exported by it for its official use.

(6) All goods to which sub-paragraph (5) applies shall not be sold in Singapore except under any conditions agreed between the Government and the PCA Facility.

Immunities and privileges of Officials of the PCA and PCA Adjudicators

5.—(1) Subject to sub-paragraph (3), every Official of the PCA and every PCA Adjudicator shall, when present in Singapore in connection with a PCA Proceeding or PCA Facility Meeting, have —

(a)	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; and
(b)	exemption from income tax in respect of all salaries, allowances and other emoluments paid to him by the PCA,

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

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

(2) Subject to sub-paragraph (3), the Secretary-General and Deputy Secretary-General shall, when present in Singapore in connection with a PCA Proceeding or PCA Facility Meeting, in addition, be accorded in respect of themselves, their spouses and their children under the age of 21 years, the like immunity from suit and legal process, the like inviolability of residence, and the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to the President, his spouse and children, except in so far as in any particular case that privilege is waived —

(a)	in the case of the Deputy Secretary-General, his spouse and his children under the age of 21 years, by the Secretary-General; or
(b)	in the case of the Secretary-General, his spouse and his children under the age of 21 years, by the Administrative Council.

(3) No immunity or privilege referred to in sub-paragraph (1)(b) or (2) shall be enjoyed by —

(a)	any person who is a citizen or permanent resident of Singapore; or
(b)	where the Secretary-General or Deputy Secretary-General is a citizen or permanent resident of Singapore, his spouse or children.

Made this 26th day of September 2007.

By Command,
LAU WAH MING

Secretary to the Cabinet,
Singapore.

[LAW 15/010/001 V4; AG/LEG/SL/145/2001/1 Vol. 5]

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