International Seabed Authority (Immunities and Privileges) Order 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/1815 |
| Year | 2000 |
2000 No. 1815
INTERNATIONAL IMMUNITIES AND PRIVILEGES
The International Seabed Authority (Immunities and Privileges) Order 2000
Made 12th July 2000
Coming into force in accordance with Article 1
At the Court at Buckingham Palace, the 12th day of July 2000
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been laid before Parliament in accordance with section 10 of the International Organisations Act 19681(“the Act”) and has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, by virtue and in exercise of the powers conferred on Her by section 1 of the Act2, or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
PART I
GENERAL
Citation and Entry into Force
1.—(1) This Order may be cited as the International Seabed Authority (Immunities and Privileges) Order 2000.
(2) It shall, with the exception of Article 15, come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the Protocol on the Privileges and Immunities of the International Seabed Authority3enters into force in respect of the United Kingdom.
(3) Article 15 shall come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the Enterprise operates independently of the Secretariat of the Authority.
Interpretation
2. In this Order:
(a) “the 1961 Convention Articles” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 19644;
(b) “Convention” means the United Nations Convention on the Law of the Sea of 10th December 19825;
(c) “Authority” means the International Seabed Authority established by the Convention;
(d) “Enterprise” means the organ of the Authority referred to in Article 158(2) and Article 170 of the Convention;
(e) “Representative” means a representative of a member of the Authority attending meetings of the Assembly, the Council or organs of the Assembly or Council.
3. The International Sea-Bed Authority (Immunities and Privileges) Order 19966is hereby revoked.
PART II
THE AUTHORITY
4. The Authority is an organisation of which the United Kingdom and other sovereign Powers are members.
5. The Authority (including the Enterprise) shall have the legal capacities of a body corporate.
6. The Authority, its property and assets shall enjoy immunity from suit and legal process, except to the extent that the Authority expressly waives this immunity in a particular case.
7. The Authority shall have the like inviolability in respect of its premises and archives as, in accordance with the 1961 Convention Articles, is accorded in respect of the official premises and archives of a diplomatic mission.
8. Within the scope of its official activities, the Authority, its assets and property, its income, and its operations and transactions, authorised by the Convention, shall have exemption from income tax, capital gains tax and corporation tax.
9. The Authority shall have the like relief from rates as in accordance with Article 23 of the 1961 Convention Articles is accorded in respect of the premises of a diplomatic mission.
10. The Authority shall have exemption from customs duties and taxes on the importation of goods for its official use in the United Kingdom.
11. The Authority shall have relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of customs duty paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 19797) or value added tax paid on the importation of such oil which is bought in the United Kingdom and used for the official purposes of the Authority, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
12. The Authority shall have relief, under arrangements made by the Secretary of State, by way of refund of value added tax paid on the purchase of new motor vehicles of United Kingdom manufacture and of value added tax on the supply of any goods or services which are used for the official purposes of the Authority, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
13. The Authority shall have relief, under arrangements made by the Secretary of State, by way of a refund of insurance premium tax and air passenger duty paid by the Authority in the exercise of its official activities.
PART III
THE ENTERPRISE
14. Articles 5 to 11 of this Order shall not apply to the Enterprise.
15. Except to the extent that the Enterprise shall have waived such immunity, the Enterprise shall have immunity from suit and legal process—
(a) where the Enterprise has no office in the United Kingdom, has not appointed any agent in the United Kingdom for the purpose of accepting service or notice of process, has not entered into a contract for goods or services in the United Kingdom, has not issued securities in the United Kingdom and has not otherwise engaged in commercial activity in the United Kingdom;
(b) in respect of all forms of seizure, attachment or execution before the delivery of final judgment against the Enterprise; and
(c) in respect of the requisition, confiscation, expropriation or any...
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