International Organisations (Immunities and Privileges) (ASEAN+3 Macroeconomic Research Office) Order 2016

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No. S 55

International Organisations
(Immunities and Privileges) Act

(CHAPTER 145)

International Organisations
(Immunities and Privileges)
(ASEAN+3 Macroeconomic Research Office)
Order 2016

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

Citation and commencement

1. This Order is the International Organisations (Immunities and Privileges) (ASEAN+3 Macroeconomic Research Office) Order 2016 and comes into operation on 9 February 2016.

Definitions

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

“Advisory Panel” means the panel appointed by the Executive Committee pursuant to Article 10 of the AMRO Agreement;

“AMRO” means the ASEAN+3 Macroeconomic Research Office established under the AMRO Agreement;

“AMRO Agreement” means the Agreement Establishing the ASEAN+3 Macroeconomic Research Office signed on 10 October 2014;

“Director” means the Director of the AMRO appointed pursuant to Article 11(1) of the AMRO Agreement;

“Executive Committee” means the Executive Committee of the AMRO referred to in Article 7 of the AMRO Agreement;

“staff of the AMRO” means officers and employees of the AMRO, and includes the Director.

Status of AMRO

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

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

Immunities and privileges of AMRO

4.—(1) The AMRO has immunity from suit and legal process, except insofar as in any particular case it has expressly waived its immunity.

(2) The office premises of the AMRO have the like inviolability as is accorded in respect of the official premises of an envoy of a foreign sovereign Power accredited to the President, and no public officer or officer of a statutory body may enter the premises of the AMRO except with the prior written consent of the Director.

(3) The written consent referred to in sub-paragraph (2) is deemed to have been given in the event of fire or any other emergency requiring immediate action.

(4) The AMRO must 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.

(5) The AMRO has the like exemption or relief from the following taxes as may be accorded to a foreign Sovereign Power:

(a)

income tax on its income;

(b)

goods and services tax in respect of goods and services consumed and used in Singapore by the AMRO for its official activities;

(c)

goods and services tax and customs and excise duty on the import of all goods (including liquor and tobacco) for its official use;

(d)

tax in respect of utilities and telephone services supplied to the office premises of the AMRO;

(e)

stamp duty on any tenancy agreement entered into in respect of the office premises of the AMRO;

(f)

subject to sub-paragraph (6), the following vehicle taxes and fees in respect of one motor vehicle imported into or purchased in Singapore for the AMRO’s official use:

(i)	goods and services tax;
(ii)	customs and excise duty;
(iii)	fee for a certificate of entitlement;
(iv)	registration fee and additional registration fee;
(v)	tax under section 11(1)(b) of the Road Traffic Act (Cap. 276) for using or keeping the motor vehicle;
(vi)	special tax under section 17 of the Customs Act (Cap. 70).

(6) Where the AMRO has enjoyed any exemption or relief referred to in sub-paragraph (5)(f) in respect of any motor vehicle, the AMRO may not enjoy any exemption or relief referred to in the same sub‑paragraph in respect of any other motor vehicle within 4 years from the date on which the AMRO becomes the registered owner of the firstmentioned motor vehicle under the Road Traffic Act.

(7) The AMRO is exempt from any prohibition or restriction on the importation or exportation of any goods or publications directly imported or exported (as the case may be) for its official use, except where such prohibition or restriction —

(a)	is mandated by any international obligations binding on Singapore; or
(b)	is imposed for the public health or security of Singapore.

(8) No goods or publications imported by the AMRO under the exemption in sub-paragraph (7) may be sold in Singapore, except under conditions agreed between the AMRO and Singapore.

Immunities and privileges of Executive Committee members and alternates, Advisory Panel members, staff and experts

5.—(1) Each of the following persons enjoys immunity from legal process in respect of all words spoken and written and acts performed by the person in his or her official capacity:

(a)	members of the Executive Committee and their alternates;
(b)	members of the Advisory Panel;
(c)	members of the staff of the AMRO;
(d)	experts performing missions for AMRO, whose names appear in a list mutually agreed upon between the Government and the AMRO in advance for this purpose.

(2) The immunity conferred under sub-paragraph (1) on any person —

(a)

does not apply in the case of —

(i)	an offence against the written law relating to motor vehicle traffic committed by the person; or
(ii)	any damage caused by a motor vehicle belonging to or driven by the person; and

(b)

may be waived by the AMRO.

(3) Each of the following persons enjoys exemption from taxation on his or her salary and emolument paid directly to him or her by the AMRO:

(a)	members of the Advisory Panel;
(b)	members of the staff of the AMRO;
(c)	experts performing missions for the AMRO, whose names appear in a list mutually agreed upon between the Government and the AMRO in advance for this purpose.

(4) Any immunity or privilege under sub-paragraph (1) or (3) which is enjoyed by a person in any particular case is to be waived by the AMRO if the AMRO is of the opinion that —

(a)	the immunity or privilege impedes the course of justice; and
(b)	the immunity or privilege can be waived without prejudice to the interest of the AMRO.

(5) Despite anything in this paragraph, no immunity or privilege under this paragraph may be enjoyed by any person who is a citizen or permanent resident of Singapore, except that the Chief Economist of the AMRO who is a citizen or permanent resident of Singapore enjoys the immunity mentioned in sub-paragraph (1).

[S 155/2016 wef 07/04/2016]

Made on 3 February 2016.

By Command,

TAN KEE YONG

Secretary to the Cabinet,
Singapore.

[MFA C850-401/54/01 Vol. 2; AG/LEGIS/SL/145/2015/1 Vol. 2]