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PART V - Commonwealth Secretariat 15. FIRST SCHEDULE Scheduled Commonwealth, etc., Countries SECOND SCHEDULE United Nations: Privileges and Immunities THIRD SCHEDULE Commonwealth Secretariat: Visiting Officers Diplomatic Privileges and Immunities Law (1997 Revision) DIPLOMATIC PRIVILEGES AND IMMUNITIES LAW (1997 Revision) ENACTED by the Legislature of the Cayman Islands. PART I - Introductory\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Law may be cited as the Diplomatic Privileges and Immunities Law (1997 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. (1) In Part II \u2014 \u201cdiplomatic agent\u201d means the head of a mission or a member of the diplomatic staff of a mission. (2) In Part III \u2014 \u201cCommissioner\u201d means, in relation to a scheduled country, the person for the time being recognised by the Governor as Commissioner or agent of such country in the Islands; \u201cofficial premises\u201d means any building or part of a building which is exclusively occupied for the purpose of the official business of a person in the service of the Government of any scheduled country holding the office of Commissioner as defined in this Part; and Diplomatic Privileges and Immunities Law \u201cscheduled country\u201d means any country for the time being specified in the First Schedule. (3) In Part V \u2014 \u201cCommonwealth Secretariat\u201d means the Commonwealth Secretariat established at the Commonwealth Prime Ministers Meeting of June, 1965; and \u201csenior officer\u201d, in relation to the Commonwealth Secretariat, means an officer of the Secretariat recognised by the Secretary of State as being a senior officer of the Secretariat. PART II - Diplomatic Agents\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Immunity from legal process 3. When a diplomatic agent is passing through, either to take up or return to his post, or is otherwise temporarily resident in any of the Islands, he shall be accorded such immunity from legal process or other restraint upon his person prescribed by law as shall ensure his transit or return unhindered.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Immunity to extend to family of diplomatic agent 4. Section 3 applies equally to the members of the family of the diplomatic agent who are accompanying him or travelling separately either to join him or to return to their own country.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Law of the Islands relating to privilege of sovereigns and others assimilated to the Law of England 5. Notwithstanding anything to the contrary in the law applicable to the Islands, the law and custom relating to the privileges and immunities as to the person, property or servants of sovereigns, diplomatic agents, or representatives of foreign powers for the time being in force in England are, insofar as they are applicable, fully effective, mutatis mutandis, in the Islands. PART III - Commonwealth Countries and Republic of Ireland\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Restrictions on powers of entry in relation to official premises 6. No official premises shall be entered by a constable or other person acting in the execution of any warrant or other legal process or in the exercise of powers conferred by or under any enactment or otherwise, except with the consent of the Commissioner in charge thereof, or, if that consent is withheld or cannot be obtained, with the consent of the Governor: Provided that this shall not apply in relation to any entry effected \u2014 Diplomatic Privileges and Immunities Law (1997 Revision) (a) for the purpose of extinguishing or preventing the spread of fire; (b) by a constable having reasonable cause to believe that a crime involving violence has been, is being or is about to be committed in such official premises; or (c) by a person entitled to enter by virtue of any easement, contract or other private right.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Immunities of Commissioners of scheduled countries and certain other persons 7. (1) The Governor may, by order, confer upon the Commissioner and other persons in the service of the Government of any scheduled country holding such offices or classes of offices as may be specified in the order, being offices or classes of offices appearing to him to involve the performance of duties substantially corresponding to those which, in the case of a foreign sovereign power, would be performed by a consular officer, the like immunity from suit and legal process and the like inviolability of official archives as are accorded to consular officers of a foreign sovereign power: Provided that a person who is a British citizen, a British Dependant Territories citizen or a British Overseas citizen and is not a citizen of any of the scheduled countries shall not be entitled under this subsection to immunity from suit and legal process, except in respect of things done or omitted to be done in the course of the performance of his duties. (2) If, in any proceedings, any question arises whether or not any person is entitled to immunity from suit and legal process under this section or any order made thereunder, a certificate issued by or under the authority of the Governor stating any fact relevant to that question shall be conclusive evidence of that fact. (3) The Governor shall compile a list of the persons appearing to him entitled to immunity from suit and legal process under subsection (1), except persons whose immunity is limited by the proviso to that subsection; and the Governor shall, from time to time, amend the list and cause the list and any amendment of the list or any amended list to be gazetted. (4) Notwithstanding anything in subsections (1) to (3), the Commissioner of any scheduled country in the Islands may waive any immunity conferred by or under this section on himself or any member of his staff.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Amendment of First Schedule 8. (1) The Governor may, by order, vary the First Schedule by adding thereto any country specified in the order, being a country within the Commonwealth. (2) The Governor may, by order, provide that this Part shall cease to apply to, or shall be modified in its application to, any scheduled country on the ground Diplomatic Privileges and Immunities Law that that country is not being accorded corresponding treatment by Her Majesty\u2019s Government in the United Kingdom.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Power to revoke or vary orders 9. Any power conferred by this Part to make an order shall be construed as including a power to revoke or vary the order by a subsequent order. PART IV - United Nations\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Application to United Nations 10. In the application of this Part to the United Nations \u2014 (a) any reference to the governing body or any committee of the organisation shall be construed as referring to the General Assembly or any council or other organ of the United Nations; and (b) the powers conferred by section 11(2) shall include power by order to confer on the judges and registrars of the International Court, and on suitors to that Court and their agents, counsel and advocates, such privileges, immunities and facilities as may be required to give effect to any resolution of, or convention approved by, the General Assembly of the United Nations.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Privileges, immunities and capacities of certain international organisations and their staffs 11. (1) This section shall apply to any organisation declared by the Governor in Council to be an organisation of which Her Majesty\u2019s Government in the United Kingdom and the government or governments of one or more foreign powers are members. (2) The Governor in Council may, by order \u2014 (a) provide that any organisation to which this section applies (hereinafter referred to as \u201cthe organisation\u201d) shall, to such extent as may be specified in the order, have the privileges and immunities set out in Part 1 of the Second Schedule, and shall also have the legal capacities of a body corporate; (b) confer upon \u2014 (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 any organisation 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 Diplomatic Privileges and Immunities Law (1997 Revision) (iii) such persons employed on commissions on behalf of the organisation as may be so specified, to such extent as may be specified in the order, the privileges and immunities set out in Part 2 of the Second Schedule; and (c) confer upon such other classes of officers and servants of the organisation as may be specified in the order, to such extent as may be so specified, the privileges and immunities set out in Part 3 of the Second Schedule, and and Part 4 of the Second Schedule shall have effect for the purpose of extending to the staffs of such representatives and members as are mentioned in subparagraph (i) of paragraph (b) and to the families of officers of the organisation any privileges and immunities conferred on the representatives, members or officers under that paragraph, except insofar as the operation of the said Part 4 is excluded by the order conferring the privileges and immunities: Provided that the order shall be so framed as to secure that there are not conferred on any person any privileges or immunities greater in extent than those which, at the time of the making of the order, are required to be conferred on that person in order to give effect to any international agreement in that behalf. (3) Where privileges and immunities are conferred on any persons by an order made under subsection (2), the Governor \u2014 (a) shall compile a list of the persons entitled to privileges and immunities conferred under paragraph (b) of that subsection, and may compile a list of the persons entitled to privileges and immunities conferred under paragraph (c) of that subsection; (b) shall cause any list compiled under this subsection to be published in the Gazette; and (c) whenever any person ceases or begins to be entitled to the privileges and immunities to which any such list relates, shall amend the list and cause a notice of the amendment, or, if he thinks fit, an amended list, to be published as aforesaid. (4) Every list or notice published under subsection (3) shall state the date from which the list or amendment takes or took effect; and the fact that any person is or was included or not included at any time among the persons entitled to the privileges and immunities in question may, if a list of those persons has been so published, be conclusively proved by producing the Gazette containing the list, or, as the case may be, the last list taking effect before that time, together with the Gazettes, if any, containing notices of the amendments taking effect before that time, and by showing that the name of that person is or was at that time included or not included in the said list. Diplomatic Privileges and Immunities Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Provisions as to orders 12. (1) Every order made under section 11(1) or (2) shall be laid as soon as may be before the Legislative Assembly, and if an address is presented to the Governor by the Legislative Assembly within the period of forty days beginning with the day on which any such order is laid before it, praying that the order be annulled, the Governor in Council may annul the order and it shall thereupon cease to have effect, but without prejudice to the validity of anything done thereunder in the meantime or to the making of a new order. (2) In reckoning the said period of forty days, no account shall be taken of any time during which the Legislative Assembly is dissolved or prorogued, or during which the Legislative Assembly is adjourned for more than four days.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Diplomatic immunities of representatives attending international conferences 13. (1) Where a conference is held in the Islands and is attended by the representatives of Her Majesty\u2019s Government in the United Kingdom and the government or governments of one or more foreign sovereign powers, and it appears to the Governor that doubts may arise as to the extent to which the representatives of such foreign powers and members of their official staffs are entitled to diplomatic immunities, he may \u2014 (a) compile a list of the persons aforesaid who are entitled to such immunities, and cause that list to be published in the Gazette; and (b) whenever it appears to the Governor that any person ceases or begins to be entitled to such immunities, amend the list and cause a notice of amendment, or an amended list, to be published, and every representative of a foreign power who is for the time being included in the list shall, for the purpose of any enactment and rule of law or custom relating to the immunities of an envoy of a foreign power accredited to Her Majesty, and of the retinue of such an envoy, be treated as if he were such an envoy, and such of the members of his official staff as are for the time being included in the list shall be treated for the purpose aforesaid as if they were his retinue. (2) Every list or notice published under subsection (1) in relation to any conference shall include a statement of the date from which the list or amendment takes or took effect; and the fact that any person is or was included or not included at any time among the persons entitled to diplomatic immunities as representatives attending the conference or as members of the official staff of any such representative may, if a list of those persons has been so published, be conclusively proved by producing the Gazette containing the list or, as the case may be, the last list taking effect before that time, together with the Gazettes, if any, containing notices of the amendments taking effect Diplomatic Privileges and Immunities Law (1997 Revision) before that time, and by showing that the name of that person is or was at that time included or not included in the said list.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Reciprocal treatment 14. Nothing in this Part shall be construed as precluding the Governor in Council from declining to accord privileges or immunities to, or from withdrawing privileges or immunities from, nationals or representatives of any power on the ground that that power is failing to accord corresponding privileges or immunities to British nationals or representatives. PART V - Commonwealth Secretariat\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Privileges and immunities of visiting officers 15. Officers and servants of the Commonwealth Secretariat and members of their families, visiting the Islands in the course of their duties, shall have and enjoy for the duration of the visit the privileges and immunities set forth in the Third Schedule. Diplomatic Privileges and Immunities Law (1997 Revision) FIRST SCHEDULE FIRST SCHEDULE (Sections 2(2) and 8) Scheduled Commonwealth, etc., Countries Australia Canada Republic of Ireland SECOND SCHEDULE United Nations: Privileges and Immunities (Section 11) PART 1-Privileges and Immunities of the Organisation 1. Immunity from suit and legal process. 2. The like inviolability of official archives and premises occupied as offices as is accorded in respect of the official archives and premises of an envoy of a foreign sovereign power accredited to Her Majesty. 3. The like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power. 4. Exemption from taxes on the importation of goods directly imported by the organisation for its official use in the Islands or for exportation or on the importation of any publications of the organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Governor in Council may prescribe for the protection of the revenue. 5. Exemption from prohibitions and restrictions on importation in the case of goods directly imported or exported by the organisation for its official use and in the case of any publications of the organisation directly imported or exported by it. 6. The right to avail itself, for telegraphic communications sent by it and containing only matters intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside the Islands), of any reduced rates applicable for the corresponding service in the case of press telegrams. PART 2-Privileges and Immunities of High Officers and Representatives 1. The like immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Her Majesty. SECOND SCHEDULE Diplomatic Privileges and Immunities Law 2. The like inviolability of residence as is accorded to such an envoy. 3. The like exemption or relief from taxes as is accorded to such an envoy. PART 3-Privileges and Immunities of Other Officers and Servants 1. Immunity from suit and legal process in respect of things done or omitted to be done in the course of the performance of official duties. 2. Exemption from income tax in respect of emoluments received as an officer or servant of the organisation. PART 4-Privileges and Immunities of Official Staff and of High Officer\u2019s Family 1. Where any person is entitled to any such privileges and immunities as are mentioned in Part 2 of this Schedule as a representative on any organ of the organisation or a member of any committee of the organisation or of an organ thereof, his official staff accompanying him as such a representative or member shall also be entitled to those privileges and immunities to the same extent as the retinue of an envoy of a foreign sovereign power accredited to Her Majesty is entitled to the privileges and immunities accorded to the envoy. 2. Where any person is entitled to any such privileges and immunities as are mentioned in Part 2 of this Schedule as an officer of the organisation, that person\u2019s wife or husband and children under the age of twenty-one shall also be entitled to those privileges and immunities to the same extent as the wife or husband and children of an envoy of a foreign sovereign power accredited to Her Majesty are entitled to the privileges and immunities accorded to the envoy. Diplomatic Privileges and Immunities Law (1997 Revision) THIRD SCHEDULE THIRD SCHEDULE Commonwealth Secretariat: Visiting Officers 1. Every senior officer of the Commonwealth Secretariat, who is a citizen of a country mentioned in Schedule 3 to the British Nationality Act 1981 [U.K. Act 1981 c. 61], and any member of his family forming part of his household, other than a member who is a British Citizen, a British Dependant Territory Citizen or a British Overseas Citizen only shall, if permanently resident outside the United Kingdom, have the like privileges and immunities as are accorded, by law to a diplomatic agent and the members of his family forming part of his household except that any such person shall not be exempt from liability for income tax in respect of any salary or emoluments payable to him by the Secretariat. 2. Every officer and servant of the Commonwealth Secretariat not falling within paragraph 1 of this Schedule shall have - (a) immunity from suit and legal process in respect of acts or omissions of his in the course of the performance of official duties, except immunity from suit and legal process in respect of a civil action for damage alleged to have been caused by a motor vehicle belonging to or driven by him, or in respect of a motor traffic offence involving such a vehicle; and (b) the like inviolability for all his official papers and documents as is accorded by law to the diplomatic agent of a sending state. Publication in consolidated and revised form authorised by the Governor in Council this 6th day of May, 1997. Carmena H. 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Introductory\n1.\nShort title ...................................................................................................................................5\n2.\nDefinitions ..................................................................................................................................5\nPART II - Diplomatic Agents\n3.\nImmunity from legal process ......................................................................................................6\n4.\nImmunity to extend to family of diplomatic agent ........................................................................6\n5.\nLaw of the Islands relating to privilege of sovereigns and others assimilated to the Law of\nEngland .....................................................................................................................................6\nPART III - Commonwealth Countries and Republic of Ireland\n6.\nRestrictions on powers of entry in relation to official premises ....................................................6\n7.\nImmunities of Commissioners of scheduled countries and certain other persons .......................7\n8.\nAmendment of First Schedule ....................................................................................................7\n9.\nPower to revoke or vary orders ..................................................................................................8\nPART IV - United Nations\n10.\nApplication to United Nations .....................................................................................................8\n11.\nPrivileges, immunities and capacities of certain international organisations and their staffs .......8\n12.\nProvisions as to orders ............................................................................................................ 10\n\nArrangement of Sections\nDiplomatic Privileges and Immunities Law\n\nPage 4\nRevised as at 6th day of May, 1997\nc\n\n13.\nDiplomatic immunities of representatives attending international conferences ......................... 10\n14.\nReciprocal treatment ................................................................................................................ 11\nPART V - Commonwealth Secretariat\n15.\nPrivileges and immunities of visiting officers ............................................................................ 11\nFIRST SCHEDULE\n13\nScheduled Commonwealth, etc., Countries\n13\nSECOND SCHEDULE\n13\nUnited Nations: Privileges and Immunities\n13\nTHIRD SCHEDULE\n15\nCommonwealth Secretariat: Visiting Officers\n15\n\nDiplomatic Privileges and Immunities Law (1997 Revision)\nSection 1\n\nc\nRevised as at 6th day of May, 1997\nPage 5\n\nCAYMAN ISLANDS\n\nDIPLOMATIC PRIVILEGES AND IMMUNITIES\nLAW\n(1997 Revision)\nENACTED by the Legislature of the Cayman Islands.\nPART I - Introductory\n1.\nShort title\n1.\nThis Law may be cited as the Diplomatic Privileges and Immunities Law (1997\nRevision).\n2.\nDefinitions\n2.\n(1) In Part II \u2014\n\u201cdiplomatic agent\u201d means the head of a mission or a member of the\ndiplomatic staff of a mission.\n(2) In Part III \u2014\n\u201cCommissioner\u201d means, in relation to a scheduled country, the person for the\ntime being recognised by the Governor as Commissioner or agent of such\ncountry in the Islands;\n\u201cofficial premises\u201d means any building or part of a building which is\nexclusively occupied for the purpose of the official business of a person in the\nservice of the Government of any scheduled country holding the office of\nCommissioner as defined in this Part; and\n\nSection 3\nDiplomatic Privileges and Immunities Law\n\nPage 6\nRevised as at 6th day of May, 1997\nc\n\n\u201cscheduled country\u201d means any country for the time being specified in the\nFirst Schedule.\n(3) In Part V \u2014\n\u201cCommonwealth Secretariat\u201d means the Commonwealth Secretariat\nestablished at the Commonwealth Prime Ministers Meeting of June, 1965; and\n\u201csenior officer\u201d, in relation to the Commonwealth Secretariat, means an\nofficer of the Secretariat recognised by the Secretary of State as being a senior\nofficer of the Secretariat.\nPART II - Diplomatic Agents\n3.\nImmunity from legal process\n3.\nWhen a diplomatic agent is passing through, either to take up or return to his post,\nor is otherwise temporarily resident in any of the Islands, he shall be accorded such\nimmunity from legal process or other restraint upon his person prescribed by law as\nshall ensure his transit or return unhindered.\n4.\nImmunity to extend to family of diplomatic agent\n4.\nSection 3 applies equally to the members of the family of the diplomatic agent who\nare accompanying him or travelling separately either to join him or to return to their\nown country.\n5.\nLaw of the Islands relating to privilege of sovereigns and others\nassimilated to the Law of England\n5.\nNotwithstanding anything to the contrary in the law applicable to the Islands, the\nlaw and custom relating to the privileges and immunities as to the person, property\nor servants of sovereigns, diplomatic agents, or representatives of foreign powers\nfor the time being in force in England are, insofar as they are applicable, fully\neffective, mutatis mutandis, in the Islands.\nPART III - Commonwealth Countries and Republic of Ireland\n6.\nRestrictions on powers of entry in relation to official premises\n6.\nNo official premises shall be entered by a constable or other person acting in the\nexecution of any warrant or other legal process or in the exercise of powers\nconferred by or under any enactment or otherwise, except with the consent of the\nCommissioner in charge thereof, or, if that consent is withheld or cannot be\nobtained, with the consent of the Governor:\nProvided that this shall not apply in relation to any entry effected \u2014\n\nDiplomatic Privileges and Immunities Law (1997 Revision)\nSection 7\n\nc\nRevised as at 6th day of May, 1997\nPage 7\n\n(a)\nfor the purpose of extinguishing or preventing the spread of fire;\n(b) by a constable having reasonable cause to believe that a crime involving\nviolence has been, is being or is about to be committed in such official\npremises; or\n(c)\nby a person entitled to enter by virtue of any easement, contract or other\nprivate right.\n7.\nImmunities of Commissioners of scheduled countries and certain other\npersons\n7.\n(1) The Governor may, by order, confer upon the Commissioner and other persons\nin the service of the Government of any scheduled country holding such\noffices or classes of offices as may be specified in the order, being offices or\nclasses of offices appearing to him to involve the performance of duties\nsubstantially corresponding to those which, in the case of a foreign sovereign\npower, would be performed by a consular officer, the like immunity from suit\nand legal process and the like inviolability of official archives as are accorded\nto consular officers of a foreign sovereign power:\nProvided that a person who is a British citizen, a British Dependant Territories\ncitizen or a British Overseas citizen and is not a citizen of any of the scheduled\ncountries shall not be entitled under this subsection to immunity from suit and\nlegal process, except in respect of things done or omitted to be done in the\ncourse of the performance of his duties.\n(2) If, in any proceedings, any question arises whether or not any person is\nentitled to immunity from suit and legal process under this section or any order\nmade thereunder, a certificate issued by or under the authority of the Governor\nstating any fact relevant to that question shall be conclusive evidence of\nthat fact.\n(3) The Governor shall compile a list of the persons appearing to him entitled to\nimmunity from suit and legal process under subsection (1), except persons\nwhose immunity is limited by the proviso to that subsection; and the Governor\nshall, from time to time, amend the list and cause the list and any amendment\nof the list or any amended list to be gazetted.\n(4) Notwithstanding anything in subsections (1) to (3), the Commissioner of any\nscheduled country in the Islands may waive any immunity conferred by or\nunder this section on himself or any member of his staff.\n8.\nAmendment of First Schedule\n8.\n(1) The Governor may, by order, vary the First Schedule by adding thereto any\ncountry specified in the order, being a country within the Commonwealth.\n(2) The Governor may, by order, provide that this Part shall cease to apply to, or\nshall be modified in its application to, any scheduled country on the ground\n\nSection 9\nDiplomatic Privileges and Immunities Law\n\nPage 8\nRevised as at 6th day of May, 1997\nc\n\nthat that country is not being accorded corresponding treatment by Her\nMajesty\u2019s Government in the United Kingdom.\n9.\nPower to revoke or vary orders\n9.\nAny power conferred by this Part to make an order shall be construed as including a\npower to revoke or vary the order by a subsequent order.\nPART IV - United Nations\n10.\nApplication to United Nations\n10. In the application of this Part to the United Nations \u2014\n(a)\nany reference to the governing body or any committee of the organisation\nshall be construed as referring to the General Assembly or any council or\nother organ of the United Nations; and\n(b) the powers conferred by section 11(2) shall include power by order to\nconfer on the judges and registrars of the International Court, and on\nsuitors to that Court and their agents, counsel and advocates, such\nprivileges, immunities and facilities as may be required to give effect to\nany resolution of, or convention approved by, the General Assembly of\nthe United Nations.\n11.\nPrivileges, immunities and capacities of certain international organisations\nand their staffs\n11. (1) This section shall apply to any organisation declared by the Governor in\nCouncil to be an organisation of which Her Majesty\u2019s Government in the\nUnited Kingdom and the government or governments of one or more foreign\npowers are members.\n(2) The Governor in Council may, by order \u2014\n(a)\nprovide that any organisation to which this section applies (hereinafter\nreferred to as \u201cthe organisation\u201d) shall, to such extent as may be specified\nin the order, have the privileges and immunities set out in Part 1 of the\nSecond Schedule, and shall also have the legal capacities of a body\ncorporate;\n(b) confer upon \u2014\n(i)\nany persons who are representatives (whether of governments or\nnot) on any organ of the organisation or are members of any\ncommittee of the organisation or of any organisation thereof;\n(ii) such number of officers of the organisation as may be specified in\nthe order, being the holders of such high offices in the organisation\nas may be so specified; and\n\nDiplomatic Privileges and Immunities Law (1997 Revision)\nSection 11\n\nc\nRevised as at 6th day of May, 1997\nPage 9\n\n(iii) such persons employed on commissions on behalf of the\norganisation as may be so specified,\nto such extent as may be specified in the order, the privileges and immunities\nset out in Part 2 of the Second Schedule; and\n(c)\nconfer upon such other classes of officers and servants of the\norganisation as may be specified in the order, to such extent as may be so\nspecified, the privileges and immunities set out in Part 3 of the Second\nSchedule, and\nand Part 4 of the Second Schedule shall have effect for the purpose of\nextending to the staffs of such representatives and members as are mentioned\nin subparagraph (i) of paragraph (b) and to the families of officers of the\norganisation any privileges and immunities conferred on the representatives,\nmembers or officers under that paragraph, except insofar as the operation of\nthe said Part 4 is excluded by the order conferring the privileges and\nimmunities:\nProvided that the order shall be so framed as to secure that there are not\nconferred on any person any privileges or immunities greater in extent than\nthose which, at the time of the making of the order, are required to be\nconferred on that person in order to give effect to any international agreement\nin that behalf.\n(3) Where privileges and immunities are conferred on any persons by an order\nmade under subsection (2), the Governor \u2014\n(a)\nshall compile a list of the persons entitled to privileges and immunities\nconferred under paragraph (b) of that subsection, and may compile a list\nof the persons entitled to privileges and immunities conferred under\nparagraph (c) of that subsection;\n(b) shall cause any list compiled under this subsection to be published in the\nGazette; and\n(c)\nwhenever any person ceases or begins to be entitled to the privileges and\nimmunities to which any such list relates, shall amend the list and cause a\nnotice of the amendment, or, if he thinks fit, an amended list, to be\npublished as aforesaid.\n(4) Every list or notice published under subsection (3) shall state the date from\nwhich the list or amendment takes or took effect; and the fact that any person\nis or was included or not included at any time among the persons entitled to\nthe privileges and immunities in question may, if a list of those persons has\nbeen so published, be conclusively proved by producing the Gazette\ncontaining the list, or, as the case may be, the last list taking effect before that\ntime, together with the Gazettes, if any, containing notices of the amendments\ntaking effect before that time, and by showing that the name of that person is\nor was at that time included or not included in the said list.\n\nSection 12\nDiplomatic Privileges and Immunities Law\n\nPage 10\nRevised as at 6th day of May, 1997\nc\n\n12.\nProvisions as to orders\n12. (1) Every order made under section 11(1) or (2) shall be laid as soon as may be\nbefore the Legislative Assembly, and if an address is presented to the\nGovernor by the Legislative Assembly within the period of forty days\nbeginning with the day on which any such order is laid before it, praying that\nthe order be annulled, the Governor in Council may annul the order and it shall\nthereupon cease to have effect, but without prejudice to the validity of\nanything done thereunder in the meantime or to the making of a new order.\n(2) In reckoning the said period of forty days, no account shall be taken of any\ntime during which the Legislative Assembly is dissolved or prorogued, or\nduring which the Legislative Assembly is adjourned for more than four days.\n13.\nDiplomatic\nimmunities\nof\nrepresentatives\nattending\ninternational\nconferences\n13. (1) Where a conference is held in the Islands and is attended by the\nrepresentatives of Her Majesty\u2019s Government in the United Kingdom and the\ngovernment or governments of one or more foreign sovereign powers, and it\nappears to the Governor that doubts may arise as to the extent to which the\nrepresentatives of such foreign powers and members of their official staffs are\nentitled to diplomatic immunities, he may \u2014\n(a)\ncompile a list of the persons aforesaid who are entitled to such\nimmunities, and cause that list to be published in the Gazette; and\n(b) whenever it appears to the Governor that any person ceases or begins to\nbe entitled to such immunities, amend the list and cause a notice of\namendment, or an amended list, to be published,\nand every representative of a foreign power who is for the time being included\nin the list shall, for the purpose of any enactment and rule of law or custom\nrelating to the immunities of an envoy of a foreign power accredited to Her\nMajesty, and of the retinue of such an envoy, be treated as if he were such an\nenvoy, and such of the members of his official staff as are for the time being\nincluded in the list shall be treated for the purpose aforesaid as if they were his\nretinue.\n(2) Every list or notice published under subsection (1) in relation to any\nconference shall include a statement of the date from which the list or\namendment takes or took effect; and the fact that any person is or was included\nor not included at any time among the persons entitled to diplomatic\nimmunities as representatives attending the conference or as members of the\nofficial staff of any such representative may, if a list of those persons has been\nso published, be conclusively proved by producing the Gazette containing the\nlist or, as the case may be, the last list taking effect before that time, together\nwith the Gazettes, if any, containing notices of the amendments taking effect\n\nDiplomatic Privileges and Immunities Law (1997 Revision)\nSection 14\n\nc\nRevised as at 6th day of May, 1997\nPage 11\n\nbefore that time, and by showing that the name of that person is or was at that\ntime included or not included in the said list.\n14.\nReciprocal treatment\n14. Nothing in this Part shall be construed as precluding the Governor in Council from\ndeclining to accord privileges or immunities to, or from withdrawing privileges or\nimmunities from, nationals or representatives of any power on the ground that that\npower is failing to accord corresponding privileges or immunities to British\nnationals or representatives.\nPART V - Commonwealth Secretariat\n15.\nPrivileges and immunities of visiting officers\n15. Officers and servants of the Commonwealth Secretariat and members of their\nfamilies, visiting the Islands in the course of their duties, shall have and enjoy for\nthe duration of the visit the privileges and immunities set forth in the Third\nSchedule.\n\nDiplomatic Privileges and Immunities Law (1997 Revision)\nFIRST SCHEDULE\n\nc\nRevised as at 6th day of May, 1997\nPage 13\n\n FIRST SCHEDULE\n(Sections 2(2) and 8)\nScheduled Commonwealth, etc., Countries\nAustralia\nCanada\nRepublic of Ireland\nSECOND SCHEDULE\nUnited Nations: Privileges and Immunities\n(Section 11)\nPART 1-Privileges and Immunities of the Organisation\n1.\nImmunity from suit and legal process.\n2.\nThe like inviolability of official archives and premises occupied as offices as is\naccorded in respect of the official archives and premises of an envoy of a foreign\nsovereign power accredited to Her Majesty.\n3.\nThe like exemption or relief from taxes and rates, other than taxes on the\nimportation of goods, as is accorded to a foreign sovereign power.\n4.\nExemption from taxes on the importation of goods directly imported by the\norganisation for its official use in the Islands or for exportation or on the importation of\nany publications of the organisation directly imported by it, such exemption to be subject\nto compliance with such conditions as the Governor in Council may prescribe for the\nprotection of the revenue.\n5.\nExemption from prohibitions and restrictions on importation in the case of goods\ndirectly imported or exported by the organisation for its official use and in the case of any\npublications of the organisation directly imported or exported by it.\n6.\nThe right to avail itself, for telegraphic communications sent by it and containing\nonly matters intended for publication by the press or for broadcasting (including\ncommunications addressed to or despatched from places outside the Islands), of any\nreduced rates applicable for the corresponding service in the case of press telegrams.\nPART 2-Privileges and Immunities of High Officers and Representatives\n1.\nThe like immunity from suit and legal process as is accorded to an envoy of a\nforeign sovereign power accredited to Her Majesty.\n\nSECOND SCHEDULE\nDiplomatic Privileges and Immunities Law\n\nPage 14\nRevised as at 6th day of May, 1997\nc\n\n2.\nThe like inviolability of residence as is accorded to such an envoy.\n3.\nThe like exemption or relief from taxes as is accorded to such an envoy.\nPART 3-Privileges and Immunities of Other Officers and Servants\n1.\nImmunity from suit and legal process in respect of things done or omitted to be done\nin the course of the performance of official duties.\n2.\nExemption from income tax in respect of emoluments received as an officer or\nservant of the organisation.\nPART 4-Privileges and Immunities of Official Staff and of High Officer\u2019s Family\n1.\nWhere any person is entitled to any such privileges and immunities as are\nmentioned in Part 2 of this Schedule as a representative on any organ of the organisation\nor a member of any committee of the organisation or of an organ thereof, his official staff\naccompanying him as such a representative or member shall also be entitled to those\nprivileges and immunities to the same extent as the retinue of an envoy of a foreign\nsovereign power accredited to Her Majesty is entitled to the privileges and immunities\naccorded to the envoy.\n2.\nWhere any person is entitled to any such privileges and immunities as are\nmentioned in Part 2 of this Schedule as an officer of the organisation, that person\u2019s wife\nor husband and children under the age of twenty-one shall also be entitled to those\nprivileges and immunities to the same extent as the wife or husband and children of an\nenvoy of a foreign sovereign power accredited to Her Majesty are entitled to the\nprivileges and immunities accorded to the envoy.\n\nDiplomatic Privileges and Immunities Law (1997 Revision)\nTHIRD SCHEDULE\n\nc\nRevised as at 6th day of May, 1997\nPage 15\n\nTHIRD SCHEDULE\nCommonwealth Secretariat: Visiting Officers\n1.\nEvery senior officer of the Commonwealth Secretariat, who is a citizen of a country\nmentioned in Schedule 3 to the British Nationality Act 1981 [U.K. Act 1981 c. 61], and\nany member of his family forming part of his household, other than a member who is a\nBritish Citizen, a British Dependant Territory Citizen or a British Overseas Citizen only\nshall, if permanently resident outside the United Kingdom, have the like privileges and\nimmunities as are accorded, by law to a diplomatic agent and the members of his family\nforming part of his household except that any such person shall not be exempt from\nliability for income tax in respect of any salary or emoluments payable to him by the\nSecretariat.\n2.\nEvery officer and servant of the Commonwealth Secretariat not falling within\nparagraph 1 of this Schedule shall have -\n(a)\nimmunity from suit and legal process in respect of acts or omissions of\nhis in the course of the performance of official duties, except immunity\nfrom suit and legal process in respect of a civil action for damage alleged\nto have been caused by a motor vehicle belonging to or driven by him, or\nin respect of a motor traffic offence involving such a vehicle; and\n(b) the like inviolability for all his official papers and documents as is\naccorded by law to the diplomatic agent of a sending state.\n\nPublication in consolidated and revised form authorised by the Governor in Council\nthis 6th day of May, 1997.\nCarmena H. Parsons\nClerk of Executive Council","akn_extracted_at":"2026-06-22 15:32:29.64619+00","cms_id":"1965-0023","law_type":"principal","year":"1965","number":"23","title":"Diplomatic Privileges and Immunities Act","status":"in_force"},"provenance":{"files":[{"file_id":"4867","expr_id":"64","kind":"akn_xml","filename":"1965-0023_1997 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1965\/1965-0023\/1965-0023_1997 Revision.akn.xml","content_md5":"6054ca26f08b35949b5d3acf547de108","byte_size":"23927","http_last_modified":null,"fetched_at":"2026-06-22 15:32:30.066059+00"},{"file_id":"127","expr_id":"64","kind":"pristine_pdf","filename":"1965-0023_1997 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1965\/1965-0023\/1965-0023_1997 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/1965\/1965-0023\/1965-0023_1997 Revision.pdf","content_md5":"1490391bbe5e84f776fb5e0b3b4a523b","byte_size":"457050","http_last_modified":null,"fetched_at":"2026-06-21 23:09:34.845892+00"},{"file_id":"128","expr_id":"64","kind":"working_pdf","filename":"1965-0023_1997 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1965\/1965-0023\/1965-0023_1997 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1965\/1965-0023\/1965-0023_1997 Revision.pdf","content_md5":"1490391bbe5e84f776fb5e0b3b4a523b","byte_size":"457050","http_last_modified":null,"fetched_at":"2026-06-21 23:09:34.845892+00"}],"paragraph_count":7,"latest_history":null},"quality":{"expr_id":"64","doc_id":"64","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample shows likely truncation at the end of Section\u202f7; stray \"c\" characters may be OCR\/page\u2011layout artefacts. 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