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Diplomatic Immunities and Privileges Act, 2001 (Act No. 37 of 2001)

Schedules

Schedule 4

Convention on the Privileges and Immunities of the Specialized Agencies, 1947

Annexes

Annex XII : Inter-Governmental Maritime Consultative Organization

 

(1) The privileges, immunities, exemptions and facilities referred to in Article VI, section 21 of the standard clauses shall also be accorded to the Secretary-General of the Organization, to the Deputy Secretary-General and to the Secretary of the Maritime Safety Committee, provided that the provisions of this paragraph shall not require the Member in whose territory the Organization has its Headquarters to apply Article VI, section 21 of the standard clauses to any person who is its national.

 

(2)
(a) Experts (other than officials coming within the scope of Article VI) serving on committees of, or performing missions for, the Organization shall be accorded the following privileges and immunities so far as is necessary for the effective exercise of their functions, including the time spent on journeys in connection with service on such committees or missions:
(i) Immunity from personal (arrest or seizure of their personal baggage;
(ii) In respect of words spoken or written or acts done by them in performance of their official functions, immunity from legal process of every kind, such immunity to continue notwithstanding that the persons concerned are no longer serving on committees of, or employed on missions for, the Organization;
(iii) The same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are accorded to officials of foreign governments on temporary official missions;
(iv) Inviolability of their papers and documents relating to the work on which they are engaged for the Organization;
(v) The right to use codes and to receive documents and correspondence by courier or in sealed bags for their communications with the Inter-Governmental Maritime Consultative Organization.

In connection with (iv) and (v) above, the principle contained in the last sentence of section 12 of the standard clauses shall be applicable.

(b) Privileges and immunities are granted to such experts in the interests of the Organization and not for the personal benefit of the individuals themselves. The Organization shall have the right and duty to waive the immunity of any expert in any case where, in its opinion, the immunity would impede the course of justice and it can be waived without prejudice to the interests of the Organization.