CHAPTER 20
DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

Arrangement of Sections

   Section

   1.   Short title

   2.   Interpretation

   3.   Application of the Vienna Convention

   4.   Immunities, privileges and capacities of certain international organisations and persons connected therewith

   5.   Immunities and privileges of judges of, and suitors to, the International Court of Justice

   6.   Diplomatic immunities of representatives attending international conferences

   7.   Immunities and privileges of consulates and persons connected therewith

   8.   Restriction of power of entry in relation to consular offices

   9.   Exemption from taxation of consular officers and consular employees

   10.   Waiver of immunities of consular officers and consular employees

   11.   Size of consulate

   12.   Restriction of immunities and privileges

   12A.   Power to control supply of tax-free goods

   13.   Publication of lists of persons entitled to immunity

   14.   Identity cards

   15.   Evidence

   16.   Special provisions relating to customs duty

   17.   Power of Minister to add to or vary list of Commonwealth countries and to specify offices corresponding to consular offices

   18.   Repeal and saving

      FIRST SCHEDULE

      SECOND SCHEDULE

AN ACT

to give effect to the Vienna Convention on Diplomatic Relations; to provide for the immunities, privileges and capacities of certain international organisations and persons connected therewith, of representatives of other States attending international conferences and of consular officers and certain other persons; and to provide for purposes connected with the foregoing.

[4th June, 1965]

Act 30 of 1965,

Act 12 of 1977,

Act 13 of 1994.

1.   Short title

This Act may be cited as the Diplomatic Immunities and Privileges Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

“consular employee” means any person other than a consular officer employed in the administrative or technical service of a consulate;

“consular officer” means any person appointed as consul-general, consul, vice-consul or consular agent by a foreign State and holding a valid exequatur or other authorisation to act in Zambia in that capacity;

“sending State” means the State by whom a diplomatic agent is appointed;

“the Vienna Convention” means the Vienna Convention on Diplomatic Relations signed in Vienna on the 18th April, 1961.

   (2) References in this Act to “Commonwealth country” shall be construed as references to any of the following countries, that is to say, Australia, Antigua and Bermuda, Bahamas, Bangladesh, Barbados, Belize, Botswana, Brunei, Cameroon, Canada, Cayman Islands, Cyprus, Dominica, Gambia, Ghana, Gibraltar, Grenada, Guyana, India, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Maldive, Malta, Mauritius, Namibia, Nauru, New Zealand, Nigeria, Papua New Guinea, Seychelles, Sierra Leone, Singapore, Sri Lanka, Solomon, South Africa, St. Christopher and Nevis, St. Vincent, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuzalu, Uganda, United Kingdom, Vannatu, Western Samoa, Zambia, Zimbabwe

   (3) References in this Act to “consular officer” shall be construed as including persons in the service of any Commonwealth country holding such offices or classes of offices as may be specified by the Minister by statutory notice, being offices or classes of offices appearing to the Minister to involve the performance of duties substantially corresponding to those which, in the case of a foreign State, would be performed by a consular officer and references to “consulate” shall be construed accordingly.

3.   Application of the Vienna Convention

   (1) Subject to the provisions of section 12, the Articles of the Vienna Convention set out in the First Schedule shall have the force of law in Zambia and shall for that purpose be construed in accordance with the following provisions of this section.

   (2) In those Articles—

“agents of the receiving State” shall be construed as including any member of the Zambia Police Force and any person exercising a power of entry to any premises under any written law;

“national of the receiving State” shall be construed as meaning citizen of Zambia;

“the receiving State” shall be construed as meaning the Republic.

   (3) Articles 35 and 36 shall be construed as granting any immunity or privilege which they require to be granted.

   (4) The reference in Article 37 to the extent to which any privileges and immunities are admitted by the receiving State shall be construed as referring to the extent to which any immunities and privileges may be specified by the President by order.

4.   Immunities, privileges and capacities of certain international organisations and persons connected therewith

   (1) This section shall apply to any organisation which the President may by statutory order declare to be an organisation of which the Republic or the Government and one or more other States or the government or governments thereof are members.

   (2) The President may by statutory order—

      (a)   provide that any organisation to which this section applies (hereinafter referred to as “the organisation”) shall, to such extent as may be specified in the order, have the immunities and privileges set out in Part I of the Second Schedule, and shall also have the legal capacities of a body corporate;

      (b)   confer upon—

      (i)   any persons who are representatives (whether of governments or not) on any organ of the organisation or are members of any committee of the organisation or of an organ thereof;

      (ii)   such number of officers of the organisation as may be specified in the order, being the holders of such high offices in the organisation as may be so specified; and

      (iii)   such persons employed on missions on behalf of the organisation as may be so specified;

to such extent as may be specified in the order, the immunities and privileges set out in Part II of the Second Schedule;

      (c)   confer upon such other classes of officers and servants of the organisations as may be specified in the order, to such extent as may be so specified, the immunities and privileges set out in Part III of the Second Schedule;

and Part IV of the Second Schedule shall have effect for the purpose of extending to the staff of such representatives and members as are mentioned in sub-paragraph (i) of paragraph (b) and to the families of officers of the organisation any immunities and privileges conferred on the representatives, members or officers under that paragraph, except in so far as the operation of the said Part IV is excluded by the order conferring the immunities and privileges.

   (3) An order made under this section may, notwithstanding any provision of any written law, including this Act, confer on any organisation or person any immunities or privileges which are required to be conferred on that organisation or person in order to give effect to any international agreement in that behalf, but shall not confer any immunities or privileges greater in extent than those so required as aforesaid or confer any immunity or privilege upon any person as the representative of the Government of Zambia or as a member of the staff of such a representative.

5.   Immunities and privileges of judges of, and suitors to, the International Court of Justice

   (1) The President may by statutory order confer on the judges and registrars of the International Court, and on suitors to that Court and their agents, counsel and advocates, such immunities, privileges and facilities as may be required to give effect to any resolution of, or convention approved by, the General Assembly of the United Nations.

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