International Organisations (Immunities and Privileges) (World Meteorological Organization) Order 2018

No. S 552

International Organisations
(Immunities and Privileges) Act

(CHAPTER 145)

International Organisations
(Immunities and Privileges)
(World Meteorological Organization)
Order 2018

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) (World Meteorological Organization) Order 2018 and comes into operation on 6 September 2018.

Definitions

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

“Agreement” means the Agreement between the Government and the World Meteorological Organization (WMO) on the Legal Status and the Functioning of the WMO Regional Office for Asia and the South‑West Pacific in the Republic of Singapore dated 21 August 2017, and includes —

(a)	the Protocol of Execution of that Agreement dated 21 August 2017; and
(b)	the 2 Side Letters dated 21 August 2017 exchanged between the Government and the WMO in relation to that Agreement;

“Director”, in relation to the Regional Office, means the Director or Head of the Regional Office appointed by the Secretary‑General;

“officer”, in relation to the WMO, means an individual (called an official in the Agreement) —

(a)	who is hired by the WMO within the meaning of Article 21 of the Convention of the World Meteorological Organization; and
(b)	whose employment by, and contractual relationship with, the WMO are defined by a letter of appointment;

“Regional Office” means the Regional Office of the WMO for Asia and the South‑West Pacific;

“Secretary‑General” means the Secretary‑General of the WMO;

“WMO” means the World Meteorological Organization.

Status of WMO

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

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

Immunities and privileges of WMO

4.—(1) The WMO has immunity from suit and legal process, except where in any particular case the WMO has expressly waived its immunity.

(2) The WMO’s immunity under sub‑paragraph (1) includes immunity from any search, requisition, confiscation, expropriation or other forms of interference with its property or assets in Singapore.

(3) The WMO and its Regional Office have the like inviolability of 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 President, except where in any particular case the WMO has expressly waived its immunity.

(4) The WMO and its Regional Office have the like inviolability of official archives as is accorded in respect of the official archives of an envoy of a foreign sovereign Power accredited to the President.

(5) The WMO (including its Regional Office) has the like exemption or relief from the taxes, as may be accorded to a foreign sovereign Power, only in respect of the following taxes:

(a)

income tax on its income (including incidental interest) derived from Singapore;

(b)

goods and services tax in respect of the following goods and services:

(i)	all goods (excluding any motor vehicle) imported by the WMO for its official use;
(ii)	all goods and services consumed and used in Singapore by the WMO for its official activities;

(c)

property tax in respect of all official non-residential premises that the WMO owns for its official use;

(d)

any stamp duty chargeable under Article 3(a)(iii)(B) of the First Schedule to the Stamp Duties Act (Cap. 312), or that Article as it applies to a lease by virtue of Article 8(b) or (c) of that Schedule, in respect of all official non‑residential premises purchased or leased by the WMO for its official use.

(6) Subject to sub‑paragraphs (7) and (8), the WMO (including its Regional Office) has exemption from customs and excise duties on all goods directly imported by the WMO for its official use in Singapore.

(7) The exemption under sub‑paragraph (6) from customs and excise duties on motor vehicles directly imported by the WMO (including its Regional Office) for its official use in Singapore only applies to a maximum of 2 motor vehicles so imported over the duration of the WMO’s presence in Singapore.

(8) Any goods to which the exemption under sub‑paragraph (6) applies must not be sold in Singapore, except under conditions agreed between the WMO and the Government.

(9) The WMO (including its Regional Office) is exempt from any prohibition or restriction on the import or export of any publications of the WMO that are directly imported or exported by the WMO.

Immunities and privileges of Director of Regional Office

5.—(1) The Director of the Regional Office has the like immunity from suit and legal process as is accorded to an envoy of a foreign sovereign Power accredited to the President.

(2) The Director of the Regional Office has the like inviolability of residence as is accorded to an envoy of a foreign sovereign Power accredited to the President.

(3) The Director of the Regional Office 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)

income tax in respect of the salary and other emoluments received as an officer of the WMO;

(b)

foreign domestic worker levy in respect of one foreign domestic worker employed by the Director;

(c)

property tax in respect of one residential property that —

(i)	is used as the official residence of the Director; and
(ii)	is owned by the Director solely, or as a joint tenant or a tenant‑in‑common with the WMO;

(d)

any stamp duty chargeable under Article 3(a)(iii)(A) of the First Schedule to the Stamp Duties Act, or that Article as it applies to a lease by virtue of Article 8(b) or (c) of that Schedule, in respect of the purchase or lease of one residential property in a case where all of the following apply:

(i)

the property is used as the official residence of the Director;

(ii)

the property is purchased or leased by —

(A)	the Director or the WMO solely; or
(B)	the Director as a joint tenant or a tenant‑in‑common with the WMO;

(iii)

at the time of the purchase or lease of the property, there is no other residential property that is owned by the Director or the WMO, solely or jointly with any person;

(e)

in the period of 4 consecutive years starting on the day the Host Country Agreement comes into effect, and in each subsequent period of 4 consecutive years, the following taxes in respect of one motor vehicle imported into or purchased in Singapore for the Director’s personal use:

(i)	fee for certificate of entitlement;
(ii)	registration fee and additional registration fee;
(iii)	tax under section 11(1)(b) of the Road Traffic Act (Cap. 276) for keeping and using the motor vehicle;
(iv)	vehicular emissions tax;
(v)	customs duty and excise duty under section 10(1), and special tax under section 17(1), of the Customs Act (Cap. 70);

(f)

tax charged under the Statutory Boards (Taxable Services) Order (Cap. 318, O 1) in respect of water supplied by the Public Utilities Board to the Director’s residence in Singapore;

(g)

customs and excise duties on all dutiable goods (excluding any motor vehicle) directly imported by the Director.

Immunities and privileges of other officers of Regional Office

6.—(1) An officer of the Regional Office (excluding the Director) has immunity from suit and legal process in respect of any words spoken or written, or any act performed, by the officer in the course of the officer’s performance of official duties.

(2) An officer of the Regional Office (excluding the Director) is exempt from income tax in respect of salary and other emoluments received as an officer of the WMO.

Exclusion of operation of paragraph 2 of Part IV of Second Schedule to Act

7. The operation of paragraph 2 of Part IV of the Second Schedule to the Act is excluded.

Waiver of immunity

8. The WMO may waive any immunity under paragraph 5(1) or (2) or 6(1) in any case where the WMO is of the opinion that —

(a)	the immunity will impede the course of justice; and
(b)	the immunity can be waived without prejudice to the interests of the WMO.

Immunities and privileges do not apply to citizen or permanent resident of Singapore

9. Paragraphs 5 and 6 do not apply to any citizen or permanent resident of Singapore.

Revocation

10. The International Organisations (Immunities and Privileges) (World Meteorological Organisation) Order (O 9) is revoked.

Made on 4 September 2018.

By Command,

TAN KEE YONG

Secretary to the Cabinet,
Singapore.

[MFA C800-565/01/06 Vol. 7; AG/LEGIS/SL/145/2015/3 Vol. 4]

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