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PART III OFFICERS

High Officers

9.—(1) Except in so far as in any particular case any privilege or immunity is waived by the Director-General of the Organisation, the Head of the London Office of the Organisation, shall enjoy—

(a) the like immunity from suit and legal process, the like inviolability of residence, and the like exemption or relief from taxes and rates, other than duties (whether of customs or excise) and taxes on the importation of goods, as are accorded to or in respect of the head of a diplomatic mission;

(b) the like exemption from duties (whether of customs or excise) and taxes on the importation of articles imported for his personal use or the personal use of members of his family forming part of his household, including articles intended for his establishment, as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;

(c) the like exemption and privileges in respect of his personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent;

(d) relief, under arrangements made by either by the Secretary of State or the Commissioners for Her Majesty’s Revenue and Customs, by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979) or value added tax paid on the importation of such oil which is bought in the United Kingdom by him or on his behalf, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.

(2) This Article shall not apply to any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British National (Overseas) or a permanent resident of the United Kingdom.

All Officers

10.—(1) Except in so far as in any particular case any privilege or immunity is waived by the Director-General of the Organisation, all officers of the Organisation shall enjoy—

(a) immunity from suit and legal process, even after the termination of their functions, in respect of things done or omitted to be done in the course of the performance of official duties; this immunity shall not apply, however, in the case of a motor traffic offence committed by an officer of the Organisation, nor in the case of damage caused by a motor vehicle belonging to or driven by an officer of the Organisation;

(b) exemption from income tax in respect of emoluments received as an officer of the Organisation, from the date that an internal effective tax for the benefit of the Organisation is applied by the Organisation on such emoluments.

(c) the like exemption from duties (whether of customs or excise) and taxes on the importation of articles which at or about the time when the officer first enters the United Kingdom as an officer of the Organisation are imported for his personal use or that of members of his family forming part of his household, including articles intended for his establishment which were in his ownership or possession or that of such a member of his family immediately before he so entered the United Kingdom, as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;

(2) Paragraph (1)(c) of this Article shall not apply to any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British National (Overseas) or a permanent resident of the United Kingdom.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order confers privileges and immunities upon the International Organization for Migration and its members of staff, and also confers the legal capacities of a body corporate on the Organisation. It also confers certain privileges and immunities upon representatives of Members of the Organisation attending its meetings. The privileges and immunities are conferred in accordance with the Co-operation Agreement between the International Organization for Migration and the Government of the United Kingdom of Great Britain and Northern Ireland. The Order will enable Her Majesty’s Government to give effect to that Agreement. The Order will come into force on the day after the day on which it is made.