International Organisations (Immunities and Privileges) (REDI Center) Order 2005

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No. S 803

International Organisations (Immunities and Privileges) Act

(Chapter 145)

International Organisations (Immunities and Privileges) (Redi Center) Order 2005

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

1. This Order may be cited as the International Organisations (Immunities and Privileges) (REDI Center) Order 2005.

Definitions

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

“Agreement” means the agreement between the Founding Parties, signed on 22nd November 2005, establishing the Center;

“Center” or “REDI Center” means the Regional Emerging Diseases Intervention Center located in Singapore;

“family”, in relation to a Professional Staff of the Center, means —

(a)	the spouse of the staff;
(b)	the dependent children of the staff who are under 21 years of age;
(c)	the dependent children of the staff who are above 21 years of age, unmarried and living in the same household as the staff; and
(d)	in exceptional cases as determined by the Government, dependent parents of the staff;

“Founding Parties” means Singapore and the United States of America;

“Participating Organisations” means international organisations that have been invited by the Governing Board of the Center to participate as observers of the Governing Board’s deliberations;

“Parties” means —

(a)	the Founding Parties; and
(b)	any other State or APEC member economy that has been invited by the Governing Board of the Center to join the Center with full representation on the Governing Board, and has acceded to the Agreement on the conditions and terms established pursuant to Article 4 thereof;

“premises of the Center” means the buildings in Singapore or any part thereof, irrespective of ownership, used for the purposes of the Center;

“Professional Staff of the Center” means —

(a)	the Executive Director of the Center;
(b)	the Deputy Director of the Center;
(c)	any other officer, employee or individual provided or detailed by the Government, or any foreign government which has joined the Center, with the consent of the Governing Board of the Center; or
(d)	any other individual appointed by the Executive Director of the Center or his authorised representative, subject to the consent of the Governing Board of the Center;

“property”, in relation to the Center, means all property, real or personal, including funds, assets and income belonging to the Center.

Status of REDI Center

3. The Center, being an organisation of the nature indicated in section 2(1) of the Act, shall have the legal capacities of a body corporate.

Immunity from suit and legal process of REDI Center

4.—(1) The Center, and its property and assets, shall be immune from any suit and legal process, except to the extent that the Center expressly waives its immunity for the purpose of any proceeding or by the terms of any contract.

(2) Notwithstanding sub-paragraph (1), the Center shall not permit the premises of the Center to be used as a refuge for avoiding arrest under the laws of Singapore or in any other manner incompatible with the purposes of the Center.

REDI Center exempt from certain taxes

5. The Center shall be conferred the following exemptions:

(a)

the property and the premises of the Center shall be exempt from any form of direct taxation, except that the Center shall not claim exemption from charges levied for specific services rendered;

(b)

the Center shall be exempt from taxes, customs duties and related charges on the importation of goods (other than liquor and tobacco) directly imported by the Center for its official use in Singapore, subject to the condition that such goods shall not be transferred by the Center within Singapore except under conditions agreed upon with the Government and in accordance with the laws of Singapore;

(c)

the Center shall be exempt from goods and services tax on the local consumption of goods and services for its official use;

(d)

the Center shall be exempt from stamp duty on the lease of the premises of the Center;

(e)

the Center shall be exempt from income tax on all income including incidental interest, if any, derived from gifts to the Center; and

(f)

the Center shall be exempt from the prohibitions and restrictions on importation and exportation of goods directly imported or exported by the Center for its official use, not being —

(i)	goods subject to security or defence controls, such as, biological agents or toxins, arms or strategic goods; or
(ii)	other items subject to multilateral non-proliferation regime controls.

Other privileges of REDI Center

6. The Center shall be conferred, for its official communications (including telecommunications), like treatment as may be accorded by Singapore to the diplomatic missions of foreign sovereign States.

Immunities and privileges of REDI Center Professional Staff

7.—(1) Subject to sub-paragraph (3), every Professional Staff of the Center who is not a citizen or permanent resident of Singapore shall be conferred the following immunities, privileges and exemptions:

(a)	immunity from suit and legal process in relation to acts (including words spoken or written) performed by the staff in his official capacity and in the discharge of his duties;
(b)	immunity from personal arrest or detention;
(c)	immunity from seizure of the personal and official baggage of the staff;
(d)	exemption from tax on the salary and emoluments paid to the staff by the Center, a Party, a participating economy or a Participating Organisation;
(e)	exemption from all duties, and goods and services tax, on the importation of one motor vehicle for the personal use of the family of the staff, subject to compliance with the laws of Singapore relating to the importation of motor vehicles;
(f)	exemption from any excise duty, levy for a certificate of entitlement, and tax payable under section 11(1)(b) of the Road Traffic Act (Cap. 276), in respect of one motor vehicle for the personal use of the family of the staff;
(g)	exemption from import duty and goods and services tax in relation to the import, within 6 months after assuming office as a Professional Staff of the Center in Singapore, of household effects (other than liquor and tobacco) for personal use; and
(h)	exemption from any other tax as may be accorded by Singapore to an envoy of a foreign sovereign State accredited to Singapore.

(2) Subject to sub-paragraph (3), the residence and property of every Professional Staff of the Center who is not a citizen or permanent resident of Singapore shall be inviolable.

(3) The Party that provided or detailed a Professional Staff of the Center shall waive the immunity of the staff in any case where the Party determines such immunity may be waived without prejudice to the interest of the Center or the Party.

Made this 9th day of December 2005.

By Command,

LAU WAH MING
Secretary to the Cabinet,
Singapore.

[MFA S072.390SJ15; AG/LEG/SL/145/2001/1 Vol. 4]

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