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Group Title: West Indies gazette
Title: The West Indies gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076857/00082
 Material Information
Title: The West Indies gazette
Physical Description: : ; 34 cm.
Language: English
Creator: West Indies (Federation)
Publisher: Govt. Print. Off.
Place of Publication: Port of Spain Trinidad
Publication Date: April 24, 1959
 Subjects
Subject: Politics and government -- Periodicals -- West Indies (Federation)   ( lcsh )
Spatial Coverage: Trinidad and Tobago -- Trinidad
 Notes
Dates or Sequential Designation: v.1- Jan. 3, 1958-
General Note: Includes supplements consisting of bills, ordinances, statutory rules & orders, etc.
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Bibliographic ID: UF00076857
Volume ID: VID00082
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: ltuf - ABV7930
oclc - 01646171
alephbibnum - 000328383

Table of Contents
    Main
        Page 1
        Page 2
    Immunities and Privileges (International Organisations and Overseas Territories) Bill
        A-1
        A-2
        A-3
        A-4
        A-5
        A-6
        A-7
        A-8
        A-9
        A-10
        A-11
        A-12
Full Text












The West Indies Gazette


VOL. 2 FRIDAY, 24TH APRIL, 1959 No. 21


TABLE OF CONTENTS
GAZETTE NOTICE
No. SUBJECT MATTER PAGE

46 Publication of Bill ... .. ... ... 41


PUBLICATION OF BILL
NOTICE is hereby given by the Clerk to the House of Representatives that the following Bill is published in this
Gazette for public information :
The Immunities and Privileges (International Organisations and Oversea Territories) Bill.


GOVERNMENT PRINTING OFFICE, TRINIDAD, W.I.-1959







The Immunities and Privileges (International Organisations
and Overseas Territories) Bill 1

THE WEST INDIES

THE IMMUNITIES AND PRIVILEGES (INTER-
NATIONAL ORGANIZATIONS AND
OVERSEAS TERRITORIES) BILL
OBJECTS AND REASONS

The objects of this Bill are-
(1) To enable privileges and immunities to be
conferred by Order upon certain inter-
national organizations and representatives of
such organisation and their staffs;

(2) To provide for the granting of such immuni-
ties, privileges and exemptions as may be
required under technical assistance agree-
ments (and similar agreements that may
arise in the future for other forms of assis-
tance) between the Federation and overseas
territories;
(3) To provide for conferring on the Inter-
national Court of Justice set up under the
Charter of the United Nations and on persons
connected with that Court, such immunities,
privileges and facilities as are provided by
the General Assembly of the United Nations;
and

(4) To define the diplomatic status of foreign
representatives to international conferences
held in the Federation.
2. The provisions of this Bill, other than clauses 3
and 8 (which give effect to the object set out in sub-
paragraph (2) of paragraph 1 above) are based on the
International Organisations (Immunities and Privileges)
Act, 1950, of the United Kingdom. These provisions will
enable any conventions relating to the immunities and
privileges of international organizations, such as that of the
United Nations, to be extended to the Federation as a whole
rather than, as at present, to each Territory of the Federa-
tion independently.








The Immunities and Privileges (International Organisations
2 and Overseas Territories) Bill

3. The provisions of clauses 3 and 8 will enable the
Federal Government to implement any undertaking under
technical assistance agreements (and similar agreements
that may arise in the future for other forms of assistance)
to grant immunities and privileges to specialists and
advisers assigned to the Federation under such agreements
and exemption from taxation on goods required for the
purposes of such agreements.








The Immunities and Privileges (International Organisations
and Overseas Territories) Bill 3


THE WEST INDIES



ACT No. of 1959.

THE IMMUNITIES AND PRIVILEGES (INTER-
NATIONAL ORGANIZATIONS AND
OVERSEAS TERRITORIES) BILL

ARRANGEMENT OF CLAUSES
Clause
1. Interpretation and application.
2. Immunities, privileges and capacities of certain international
organizations and persons connected therewith.
3. Immunities, privileges and capacities under agreements for
financial or other assistance.
4. Publication of lists of persons entitled to immunities and privileges
under sections 2 and 3.
5. Immunities and privileges of judges of, and suitors to, the Inter-
national Court of Justice.
6. Diplomatic immunities of representatives attending international
conferences.
7. Reciprocal treatment.
8. Power to amend Schedule.
9. Provisions as to Orders.
Schedule -Immunities and Privileges.


A Bill intituled

An Act to provide for the immunities, privileges
and capacities of international organizations and of certain
overseas territories that agree to provide assistance to the
Federation; and to define the status of persons attending
international conferences in the Federation.

Be it enacted by the Queen's Most Excellent
Majesty, by and with the advice and consent of the Senate and
the House of Representatives of The West Indies, and by
the authority of the same, as follows:-







The Immunities and Privileges (International Organisations
4 and Overseas Territories) Bill

Interpre- 1. (1) This Act may be cited as the Immunities and
station and
applica- Privileges (International Organisations and Overseas Terri-
tion. stories) Act, 1959.

(2) This Act shall apply to the Cayman Islands and
the Turks and Caicos Islands.
Immunities 2. (1) This section shall apply to any organisation
nege" declared by Order of the Governor-General to be an
capacities organisation of which the United Kingdom or Her Majesty's
f certain Government therein or the Federation of the Government
tional thereof and one or more overseas territories or the govern-
organia- ment or governments thereof are members.
tions and
persons
connected (2) The Governor-General may by 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 Schedule to this Act, 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 organisa-
tion 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 Schedule to this Act;







The Immunities and Privileges (International Organisations
and Overseas Territories) Bill 5

(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 specified, the immunities and privileges
set out in Part III of the Schedule to this
Act;
and Part IV of the Schedule to this Act shall have effect for
the purpose of extending to the staffs of such representatives
and members as are mentioned in sub-paragraph (i) of
paragraph (b) of this subsection 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:
Provided that the Order shall be so framed as to
secure that there are not conferred on any person any
immunities or privileges 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 inter-
national agreement in that behalf and shall not confer any
immunity or privilege upon any person as the representative
of the Government of the Federation or as a member of the
staff of such a representative.

3. (1) This section shall apply to any agreement declaredImmuni-
m ties,
by Order of the Governor-General to be an agreementrivieges
between the Federation or the Government thereof and-and
capacities
under
(a) any overseas territory, or agreements
for finan-
(b) any overseas government agency, cial or
Other assis-
for the provision of financial, technical or other assistance to tancs.
the Federation.

(2) For the purposes of this Act, the expression
"overseas government agency" means any body or institu-
tion which is recognized by the government of an overseas
territory to be an agency of that government.

(3) The Governor-General may by Order-
(a) provide that in respect of any agreement to
which this section applies the immunities and







The Immunities and Privileges (International Organisations
6 and Overseas Territories) Bill

privileges set out in Part V of the Schedule
to this Act shall, to such extent as may be
specified in the Order, operate, and where the
party to such agreement is an overseas
government agency such overseas govern-
ment agency shall also have the capacities of
a body corporate;
(b) confer on any persons who are assigned for
duty in the Federation otherwise than by the
Federation or the Government thereof in
pursuance of an agreement, to which this
section applies, to such extent as may be
specified in the Order, the immunities and
privileges set out in Part VI of the Schedule
to this Act;
and Part VII of the Schedule to this Act shall have effect
for the purpose of extending to the family of any person
upon whom immunities and privileges are conferred under
paragraph (b) of this subsection the immunities and
privileges set out in Part VI of the Schedule to this Act,
except in so far as the operation of the said Part VII is
excluded by the Order conferring the immunities and
privileges:
Provided that the Order shall be so framed as to
secure that the immunities and privileges to be enjoyed by
any overseas territory, overseas government agency or
persons by virtue of the Order are not greater than those
which, at the time of the making of the Order, are necessary
to give effect to the agreement to which the Order relates.

Publication 4. (1) Where immunities and privileges are conferred
of lists of on any persons by an Order made under subsection (2) of
entitled to section 2 or sub-section (2) of section 3 of this Act, the
immunities Governor-General-
and
pundegs (a) in the case of an Order made under subsection
sections 2 (2) of section 2 of this Act, shall compile a list
and 3. of persons entitled to immunities and
privileges conferred under paragraph (b) of
that sub-section, and may compile a list of
the persons entitled to immunities and
privileges conferred under paragraph (c) of
that sub-section;







The Immunities and Privileges (International Organisations
and Overseas Territories) Bill 7

(b) in the case of an Order made under subsec-
tion (2) of section 3 of this Act, shall compile
a list of the persons entitled to immunities
and privileges conferred under that section;
(c) shall cause any list compiled under this sub-
section to be published in the Gazette;
(d) whenever any person ceases or begins to be
entitled to the immunities and privileges 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 so
published.
(2) Every list or notice published under subsection
(1) of this section shall state the date from which the list
or notice 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 immunities and privileges in question
may, if a list of such persons has been published, be conclu-
sively 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 the
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.

5. (1) The Governor-General may, by Order, confer onImmunities
the judges and registrars of the International Court, and oneges ofi
suitors to that Court and their agents, counsel and advocates, judges
such immunities, privileges and facilities as may be required 'suitor to,
to give effect to any resolution of, or convention approved by, the Inter-
the General Assembly of the United Nations. Cout of
(2) In this section the expression "the. International Justice.
Court" means the International Court of Justice set up
under the Charter of the United Nations.

6. (1) Where a conference is held in the Federation and Diplomatic
is attended by the representatives of Her Majesty's Govern- unitrepe
ment in the United Kingdom or the Government of the sentatives
attending
Federation and the government or governments of one or inter
more foreign sovereign Powers, and it appears *to thetional con-
Governor-General that doubts may arise as to the extent toferences.
which the representatives of such foreign Powers and mem-







The Immunities and Privileges (International Organisations
8 and Overseas Territories) Bill

bers, of their official staffs are entitled to diplomatic
immunities, he may-

(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-General
that any person ceases or begins to be
entitled to such immunities, amend the list
and cause a notice of the amendment or, if he
thinks fit, an amended list to be published as
aforesaid;

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 immuni-
ties of an envoy of a foreign Power credited 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 staffs 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 the foregoing
subsection 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 attend-
ing 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 before that time, and by showing that the name
of that person is or was at that time included in the said list.

Reciprocal 7. Nothing in the foregoing provisions of this Act
treatment. shall be construed as precluding the Governor-General from
declining to accord immunities or privileges to, or from
withdrawing immunities or privileges from, nationals or







The Immunities and Privileges (International Organisations
and Overseas Territories) Bill 9

representatives of any Power or of any overseas territory
on the ground that that Power or that overseas territory is
failing to accord corresponding immunities or privileges to
nationals or representatives of any part of the Common-
wealth.

8. The Governor-General may from time to time, Power o
by Order, amend, add to or rescind the immunities and Schedule.
privileges set out in Parts V and VI of the Schedule to this
Act.

9. (1) Every Order made by the Governor-General Povisions
under this Act shall be laid before both chambers of the Orders.
Federal Legislature as soon as may be after it is made, and
if either chamber, within the period of twenty-one days
beginning with the day on which such Order is laid before
it, resolves that such Order be annulled, it shall thenceforth
be void, but without prejudice to the validity of anything
previously done thereunder or to the making of a new Order.

(2) In reckoning the said period of twenty-one days,
no account shall be taken of any time during which the
Federal Legislature is dissolved or prorogued, or during
which the chamber in question is adjourned for more than
seven days.








The Immunities and Privileges (International Organisations
10 and Overseas Territories) Bill


SCHEDULE Sections 2, 3.

IMMUNITIES AND PRIVILEGES

PART I
Immunities and privileges 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 any 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 Federation or for
exportation, or on the importation of any publications of the organisa-
tion directly imported by it, such exemption to be subject to compliance
with such conditions as the Governor-General may impose for the
protection of the Revenue.

5. Exemption from prohibitions and restrictions on importa-
tion or exportation in the case of goods directly imported or exported
by the organisation for its official use and in the case of any publica-
tions of the organisation directly imported or exported by it.

6. 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 the Federation or between one Territory
and another), of any reduced rates applicable for the corresponding
service in the case of press telegrams.

PART II
Immunities and privileges of representatives, members of committees,
high officers and persons on missions.

1. The like immunity from suit and legal process as is accorded
to an envoy of a foreign sovereign Power accredited to Her Majesty.

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.

4. Exemption from immigration restrictions, aliens' registra-
tion or national service obligations.








The Immunities and Privileges (International Organisations
and Overseas Territories) Bill 11

PART III
Immunities and privileges 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.

3. Exemption, together with their spouses and children under
the age of twenty-one from immigration restrictions, aliens' registration
or national service obligations.

PART IV
Immunities and privileges of official staffs and of high
officers' families.

1. Where any person is entitled to any such immunities and
privileges as are mentioned in Part II of this Schedule as a representa-
tive 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
immunities and privileges to the same extent as the retinue of an envoy
of a foreign sovereign Power accredited to Her Majesty is entitled to
the immunities and privileges accorded to the envoy.

2. Where any person is entitled to any such immunities and
privileges as are mentioned in Part II of this Schedule as an officer of
the organisation, that person's wife or husband and children under the
age of twenty-one shall also be entitled to those immunities and
privileges 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 immunities and privileges accorded to the envoy.

PART V
Immunities and privileges of the overseas territory or
overseas government agency.

1. Exemption from customs duties or any import or export
taxes on goods or any taxes on the purchase, ownership or use of goods
or any other taxes or similar charges on goods, where such goods are
required for the purposes of an agreement to which section 3 of this
Act applies, and, when such goods are no longer so required, exemption
from taxes on the disposition or exportation of such goods.

2. Exemption from any taxes or levies or any investment or
deposit requirements on-

(a) the importation, exportation, use or ownership of any








The Immunities and Privileges (International Organisations
12 and Overseas Territories) Bill

funds in any currency required for the purposes of an
agreement to which section 3 of this Act applies, or

(b) the disposition or exportation of any of such funds
imported or acquired in the Federation and no longer
required for the aforesaid purposes:

Provided that such exemption shall be subject to compliance
with such conditions as the Governor-General may impose for the
protection of the Revenue.

PART VI
Immunities and privileges of persons assigned for duty
in the Federation.

1. Exemption from income tax or social security taxes with
respect to income upon which such persons are required under the law
of the overseas territory in question to pay taxes of a similar kind.

2. Exemption from taxes on the purchase, ownership or use of
personal property required by such persons for their own use or for the
use of their families.

3. Exemption from custom duties, export and import taxes,
consular fees and similar taxes and fees on household goods, baggage
and personal effects and other articles required by such persons for
their own use .or for the use of their families.

PART VII
Immunities and privileges of families of persons assigned
for duty in the Federation.

Where any person is entitled to any such immunities and
privileges as are mentioned in Part VI of this Schedule as a person
assigned for duty in the Federation in pursuance of an agreement to
which section 3 of this Act applies, that person's wife and children
under the age of twenty-one living with such person in the Federation
shall be entitled to the immunities and privileges set out in Part VI of
this Schedule.




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