CHAPTER 20 - DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Diplomatic Immunities and Privileges (United Nations) Order

Diplomatic Immunities and Privileges (World Health Organisation) Order

Diplomatic Immunities and Privileges (International Court of Justice) Order

Diplomatic Immunities and Privileges (Organisation of African Unity) Order

Diplomatic Immunities and Privileges (International Red Locust Control Organisation for Central and Southern Africa) Order

Diplomatic Immunities and Privileges (International University Exchange Fund) Order

Diplomatic Immunities and Privileges (International Committee of the Red Cross) Order

Diplomatic Immunities and Privileges (African Development Fund) Order

Diplomatic Immunities and Privileges (Common Market for Eastern and Southern African States) (COMMESA) Order

Diplomatic Immunities and Privileges (Common Market for Eastern and Southern African Trade and Development Bank) Order

Diplomatic Immunities and Privileges (International Union for the Conservation of Nature and Natural Resources) Order

Diplomatic Immunities and Privileges (NORSAD Agency) Order

Diplomatic Immunities and Privileges (African Housing Fund) Order

Diplomatic Immunities and Privileges (Southern African Development Community Plant Genetic Resources Centre) Order

Diplomatic Immunities and Privileges (International Association Pan African Institute for Development) (Revocation) Order

Diplomatic Immunities and Privileges (World Fish Centre) Order

Diplomatic Immunities and Privileges (Levy Patrick Mwanawasa Regional Centre for Democracy and Good Governance) Order

DIPLOMATIC IMMUNITIES AND PRIVILEGES (UNITED NATIONS) ORDER

[Section 4]

Arrangement of Paragraphs

   Paragraph

   1.   Short title

   2.   Declaration of Organisation

   3.   Body corporate

   4.   Immunity from suit and legal process

   5.   Inviolability of official archives and premises

   6.   Relief from taxes and rates

   7.   Exemption form taxes on importation or exportation of goods, subject to certain conditions

   8.   Exemption from prohibitions and restrictions

   9.   Reduced rates for certain telegraphic communications

   10.   United Nations to include constituent parts

   11.   Immunities and privileges of representatives of governments of members

   12.   Interpretation

   13.   Immunities and privileges of high officials of United Nations

   14.   Immunities and privileges of persons employed on missions

   15.   Immunities and privileges of other officials of United Nations

[Order by the President]

SI 355 of 1966.

1.   Short title

This Order may be cited as the Diplomatic Immunities and Privileges (United Nations) Order.

2.   Declaration of Organisation

The United Nations is hereby declared to be an Organisation of which the Government and the governments of other States are members.

3.   Body corporate

The United Nations shall have the legal capacities of a body corporate.

4.   Immunity from suit and legal process

Except in so far as any particular case it has expressly waived its immunity, the United Nations shall have immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

5.   Inviolability of official archives and premises

The United Nations shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of the official archives and official premises of a diplomatic agent of a sending State accredited to Zambia.

6.   Relief from taxes and rates

The United Nations shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a sending State.

7.   Exemption form taxes on importation or exportation of goods, subject to certain conditions

The United Nations shall have exemption from taxes on the importation of goods directly imported by the United Nations for its official use in Zambia or for exportation, or on the importation of any publication of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Controller of Customs and Excise may prescribe for the protection of the revenue.

8.   Exemption from prohibitions and restrictions

The United Nations shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the United Nations for its official use and in the case of any publications of the United Nations directly imported or exported by it.

9.   Reduced rates for certain telegraphic communications

The United Nations shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside Zambia), or any reduced rates applicable for the corresponding service in the case of press telegrams.

10.   United Nations to include constituent parts

For the purpose of the application of this Order, the Organisation entitled United Nations shall include all of its organs, commissions, boards and other constituent parts however styled.

11.   Immunities and privileges of representatives of governments of members

Except in so far as in any particular case any immunity or privilege is waived by the governments concerned, representatives of the governments of members on any organ of the United Nations or at any conference convened by the United Nations shall enjoy—

      (a)   while exercising their functions as such and during their journey to and from the place of meeting, the like immunity from personal arrest or detention and from seizure of their personal baggage and the like inviolability for all papers and documents as are accorded to a diplomatic agent of a sending State accredited to Zambia;

      (b)   immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

      (c)   while exercising their functions as such and during their journey to and from the place of meeting, the like exemption from taxes as is accorded to a diplomatic agent of a sending State accredited to Zambia, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage.

12.   Interpretation

For the purpose of the application of this Order, the expression “representatives of the governments of members” shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations, but shall not include any person who is the representative of the Government of Zambia or any member of the staff of such a representative.

13.   Immunities and privileges of high officials of United Nations

Except in so far as in any particular case any immunity or privilege is waived by the Secretary General or the Security Council of the United Nations, the Secretary General, all Personal Representatives of the Secretary General, all Under-Secretaries General of the United Nations and all Assistant Secretaries General of the United Nations, and officers of equivalent rank shall be accorded in respect of themselves, their spouses and children under the age of twenty-one the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to a diplomatic agent of a sending State accredited to Zambia, his spouse and children. They shall enjoy exemption from income tax only in respect of emoluments received by them as officers of the United Nations.

14.   Immunities and privileges of persons employed on missions

Except in so far as in any particular case any immunity or privilege is waived by the Secretary General of the United Nations, persons employed on missions on behalf of the United Nations shall enjoy—

      (a)   while performing their missions and during journeys in connection therewith, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents relating to the work of the United Nations;

      (b)   immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions;

      (c)   exemption from income tax in respect of emoluments received by them for services while performing their functions as officers of the United Nations.

15.   Immunities and privileges of other officials of United Nations

Except in so far as in any particular case any immunity or privilege is waived by the Secretary General of the United Nations, all officials of the United Nations (other than those referred to in paragraph 13 above) shall enjoy—

      (a)   immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

      (b)   exemption from income tax in respect of emoluments received by them as officers or servants of the United Nations;

      (c)   the right to import free of duty their furniture and effects at the time of first taking up their post in Zambia.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (WORLD HEALTH ORGANISATION) ORDER

[Section 4]

Arrangement of Paragraphs

   Paragraph

   1.   Short title

   2.   Declaration of Organisation

   3.   Body corporate

   4.   Immunity from suit and legal process

   5.   Inviolability of official archives and premises

   6.   Relief from taxes and rates

   7.   Exemption from taxes on importation or exportation of goods, subject to certain conditions

   8.   Exemption from prohibitions and restrictions

   9.   Reduced rates for certain telegraphic communications

   10.   Immunities and privileges of representatives of governments of members, etc.

   11.   Immunities and privileges of high officials of Organisation

   12.   Immunities and privileges of persons employed on missions

   13.   Immunities and privileges of other officials of Organisation

[Order by the President]

SI 354 of 1966.

1.   Short title

This Order may be cited as the Diplomatic Immunities and Privileges (World Health Organisation ) Order.

2.   Declaration of Organisation

The World Health Organisation is an Organisation of which the Government of the Republic of Zambia and the governments of other States are members.

3.   Body corporate

The Organisation shall have the legal capacities of a body corporate.

4.   Immunity from suit and legal process

Except in so far as in any particular case it has expressly waived its immunity, the Organisation shall have immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

5.   Inviolability of official archives and premises

The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of the official archives and official premises of a diplomatic agent of a sending State accredited to Zambia.

6.   Relief from taxes and rates

The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a sending State.

7.   Exemption from taxes on importation or exportation of goods, subject to certain conditions

The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Zambia or for exportation, or on the importation of any publication of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Controller of Customs and Excise may prescribe for the protection of the revenue.

8.   Exemption from prohibitions and restrictions

The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Organisation for its official use and in the case of any publication of the Organisation directly imported or exported by it.

9.   Reduced rates for certain telegraphic communications

The Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside Zambia), of any reduced rates applicable for the corresponding service in the case of press telegrams.

10.   Immunities and privileges of representatives of governments of members, etc.

   (1) Except in so far as in any particular case any privilege or immunity is waived, in the case of representatives of the governments of members, by the governments whom they represent, and in the case of persons designated to serve on the Executive Board of the Organisation, their alternates and advisers, by the Executive Board of the Organisation, representatives of the governments of members, and persons designated to serve on the Executive Board of the Organisation, their alternates and advisers shall enjoy—

      (a)   while exercising their functions as such and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;

      (b)   immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

      (c)   while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to a diplomatic agent of a sending State accredited to Zambia, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage.

   (2) For the purpose of the application of this Order, the expression “representatives of the governments of members” shall be deemed to include their official staffs accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations, but shall not include any person who is the representative of the Government of Zambia or any member of the staff of such a representative.

11.   Immunities and privileges of high officials of Organisation

Except in so far as in any particular case any immunity or privilege is waived by the Organisation, the Director-General, any Deputy Director-General, Assistant Director-General and Regional Director of the Organisation shall be accorded in respect of themselves, their spouses and children under the age of twenty-one, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to a diplomatic agent of a sending State accredited to Zambia, his spouse and children. They shall enjoy exemption from income tax only in respect of emoluments received by them as officers of the Organisation.

12.   Immunities and privileges of persons employed on missions

Except in so far as in any particular case any immunity or privilege is waived by the Organisation , persons (other than officials of the Organisation ) serving on committees of, or employed on missions on behalf of, the Organisation shall enjoy—

      (a)   while exercising their functions as such and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents relating to the work of the Organisation;

      (b)   immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the persons concerned are no longer employed on missions on behalf of the Organisation;

      (c)   exemption from income tax in respect of emoluments received by them for services while performing their functions as officers of the Organisation.

13.   Immunities and privileges of other officials of Organisation

Except in so far as in any particular case any immunity or privilege is waived by the Organisation, all officials of the Organisation (other than those referred to in paragraph 11 above) shall enjoy—

      (a)   immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

      (b)   exemption from income tax in respect of emoluments received by them as officers or servants of the Organisation;

      (c)   the right to import free of duty their furniture and effects at the time of first taking up their post in Zambia.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (INTERNATIONAL COURT OF JUSTICE) ORDER

[Section 5]

Arrangement of Paragraphs

   Paragraph

   1.   Short title

   2.   Immunities and privileges of Judges and Registrar

   3.   Exemption from income tax

   4.   Immunities and privileges of agents, counsel and advocates

[Order by the President]

SI 356 of 1966.

1.   Short title

This Order may be cited as the Diplomatic Immunities and Privileges (International Court of Justice) Order.

2.   Immunities and privileges of Judges and Registrar

Except in so far as in any particular case any immunity or privilege is waived by the Court, the Judges and Registrar of the International Court of Justice (including any officer of the Court acting as Registrar) shall, when engaged on the business of the court and during any journey to and from the place where the court is sitting in connection with such business, enjoy the like immunity from suit and legal process and the like inviolability of residence and also, unless they are citizens of Zambia whose usual place of abode is in Zambia, the like exemption or relief from taxes as is accorded to a diplomatic agent of a sending State accredited to Zambia.

3.   Exemption from income tax

The Judges and Registrar of the International Court of Justice shall enjoy exemption from income tax in respect of all emoluments received by them as Judges or Registrar.

4.   Immunities and privileges of agents, counsel and advocates

   (1) Except in so far as in any particular case any privilege or immunity is waived by the government they represent before the court, the agents, counsel and advocates of parties before the court shall enjoy—

      (a)   when engaged on their missions before the court and during their journeys to and from the place where the court is sitting in connection with such missions, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;

      (b)   immunity from legal process of every kind in respect of words spoken or written and all acts done by them in this capacity;

      (c)   when engaged on their missions before the court and during their journeys to and from the place where the court is sitting in connection with such mission, the like exemption or relief from taxes as is accorded to a diplomatic agent of a sending State accredited to Zambia, save that the relief allowed shall not include relief from customs or excise duties except in respect of goods imported as part of their personal baggage. They shall not, where incidence of any form of tax depends upon residence, be deemed to be resident in Zambia during any period when they are present in Zambia while exercising these functions or during their journey to and from the place of meeting. The provisions of this sub-paragraph shall not apply to citizens of Zambia whose usual place of abode is in Zambia.

   (2) This paragraph shall not apply to any person acting on behalf of the Government of Zambia or to any person permanently resident in Zambia acting on behalf of any other government.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (ORGANISATION OF AFRICAN UNITY) ORDER

[Section 4]

Arrangement of Paragraphs

   Paragraph

   1.   Short title

   2.   Declaration under section 4

   3.   Legal capacity

   4.   Immunity from suit and legal process

   5.   Inviolability of official archives and premises

   6.   Relief from taxes and rates

   7.   Exemption from taxes on importation or exportation of goods, subject to certain conditions

   8.   Exemption from prohibitions and restrictions

   9.   Reduced rates for certain telegraphic communications

   10.   “Organisation of African Unity” to include constituent parts

   11.   Immunities and privileges of representatives of governments of members

   12.   Interpretation

   13.   Immunities and privileges of high officials of the Organisation

   14.   Immunities and privileges of persons employed on missions

   15.   Immunities and privileges of other officials of the Organisation

[Order by the President]

SI 48 of 1976.

1.   Short title

This Order may be cited as the Diplomatic Immunities and Privileges (Organisation of African Unity) Order.

2.   Declaration under section 4

The Organisation of African Unity (hereinafter referred to as “the Organisation ”) is hereby declared to be an Organisation of which the Government and certain other States are members.

3.   Legal capacity

The Organisation shall have the legal capacity of a body corporate.

4.   Immunity from suit and legal process

Except in so far as in any particular case it has expressly waived its immunity, the Organisation shall have immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

5.   Inviolability of official archives and premises

The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of a diplomatic agent of a sending State accredited to Zambia.

6.   Relief from taxes and rates

The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a sending State.

7.   Exemption from taxes on importation or exportation of goods, subject to certain conditions

The Organisation shall have exemption from taxes on the importation of goods directly imported by it for its official use in Zambia or for exportation, and on the importation of its own publications directly imported by it, such exemption to be subject to compliance with such conditions as the Controller of Customs and Excise may prescribe for the protection of the revenue.

8.   Exemption from prohibitions and restrictions

The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by it for its official use, and in the case of its own publications directly imported or exported by it.

9.   Reduced rates for certain telegraphic communications

The Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or dispatched from places outside Zambia), of any reduced rates applicable for the corresponding service in the case of press telegrams.

10.   “Organisation of African Unity” to include constituent parts

For the purpose of the application of this Order, the Organisation entitled “Organisation of African Unity” shall include all of its organs, commissions, boards and other constituent parts however styled.

11.   Immunities and privileges of representatives of governments of members

Except in so far as in any particular case any immunity or privilege is waived by the governments concerned, representatives of the governments of members on any organ of the Organisation or at any conference convened by the Organisation shall enjoy—

      (a)   while exercising their functions as such and during their journey to and from the place of meeting, the like immunity from personal arrest or detention and from seizure of their personal baggage, and the like inviolability for all papers and documents, as are accorded to a diplomatic agent of a sending State accredited to Zambia;

      (b)   immunity from legal process of every kind in respect of words spoken or written, and all acts done, by them in their capacity as such representatives; and

      (c)   while exercising their functions as such representatives, and during their journey to and from the place of meeting, the like exemption from taxes as is accorded to a diplomatic agent of a sending State accredited to Zambia, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage.

12.   Interpretation

For the purpose of the application of this Order, the expression “representatives of the governments of members” shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations, but shall not include any person who is the representative of the Government of Zambia or any member of the staff of such a representative.

13.   Immunities and privileges of high officials of the Organisation

Except in so far as in any particular case any immunity or privilege is waived by the Administrative Secretary-General of the Organisation, all personal representatives of the Administrative Secretary-General, any Assistant Secretary-General, any Regional Director, and officers of equivalent rank shall be accorded in respect of themselves, their spouses and children under the age of twenty-one years the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to a diplomatic agent of a sending State accredited to Zambia, his spouse and children. They shall enjoy exemption from income tax only in respect of emoluments received by them as officers of the Organisation .

14.   Immunities and privileges of persons employed on missions

Except in so far as in any particular case any immunity or privilege is waived by the Administrative Secretary-General of the Organisation , persons employed on missions on behalf of the Organisation shall enjoy—

      (a)   while performing their missions and during journeys in connection therewith, immunity from personal arrest or detention and from seizure of their personal baggage, and inviolability for all papers and documents relating to the work of the Organisation;

      (b)   immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions; and

      (c)   exemption from income tax in respect of emoluments received by them for services rendered in performing their functions as officers of the Organisation.

15.   Immunities and privileges of other officials of the Organisation

Except in so far as in any particular case any immunity or privilege is waived by the Administrative Secretary-General of the Organisation, all officials of the Organisation (other than those referred to in paragraph 13 above) shall enjoy—

      (a)   immunity from suit and legal process in respect of words spoken or written, and all acts done, by them in the course of the performance of their official duties;

      (b)   exemption from income tax in respect of emoluments received by them as officers or servants of the Organisation; and

      (c)   the right to import free of duty their furniture and effects at the time of first taking up their post in Zambia;

Provided that an official of the Organisation who is a national of Zambia shall not be entitled under the provisions of this paragraph to import any of his furniture or effects free of duty.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (INTERNATIONAL RED LOCUST CONTROL ORGANISATION FOR CENTRAL AND SOUTHERN AFRICA) ORDER

[Section 4]

Arrangement of Paragraphs

   Paragraph

   1.   Short title

   2.   Declaration under section 4, Cap. 20

   3.   Legal capacities

   4.   Inviolability of official archives and documents

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