Amendment Act · As enacted
International Organizations (Privileges and Immunities) (Amendment) Act 2011
Feedback & supportAmends the International Organizations (Privileges and Immunities) Act 1992Official textFrom Laws of Malaysia Online, unchanged
s 1Short title
This Act may be cited as the International Organizations
(Privileges and Immunities) (Amendment) Act 2011.
s 2New sections 1A and 1B
The International Organizations (Privileges and Immunities)
Act 1992 [Act 485], which is referred to as the “principal Act”
in this Act, is amended by inserting after section 1 the following sections:
s 1A“Application of the Convention on the Privileges and Immunities of the United Nations
The Articles set out in the Seventh Schedule (being Articles of the Convention on the Privileges and Immunities of the
United Nations) shall have the force of law in Malaysia.
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The Articles set out in the Eighth Schedule (being
Articles of the Convention on the Privileges and Immunities of the Specialized Agencies) shall have the force of law in
Malaysia.
Paragraph 1(ii)(j) of Article I to the Convention shall be construed as referring to an agency in relationship with the United Nations in accordance with Articles 57 and 63 of the Charter and of which Malaysia is a member.”.
s 3Amendment of section 2
Section 2 of the principal Act is amended in subsection (1)—
by inserting after the definition of “association” the following definition:
‘ “diplomatic agent” has the same meaning assigned to it by the Diplomatic Privileges (Vienna Convention)
Act 1966 [Act 636];’;
by deleting the definition of “head of mission”;
by substituting for the full stop at the end of the definition of “regulation” a semicolon; and
by inserting after the definition of “regulation” the following definition:
‘ “United Nations” means the organization set up by the Charter of the United Nations signed in San
Francisco on 26 June 1945.’.
s 4Amendment of section 3
Section 3 of the principal Act is amended–
in subsection (1)—
in paragraph (a), by deleting the word “or” at the end of the paragraph;
International Organizations (Privileges and
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in paragraph (b), by substituting for the comma at the end of the paragraph the words “ ; or ”;
and
by inserting after paragraph (b) the following paragraph:
“(c) which has an office in Malaysia and which, in the opinion of the Minister, performs functions that would be beneficial to
Malaysia,”; and
by inserting after subsection (1) the following subsection:
“(1A) The provisions of paragraph (1)(c) shall not apply to—
any organization which is incorporated or established under any laws in Malaysia;
and
any organization incorporated or established for a commercial purpose.”.
s 5Amendment of section 4
Section 4 of the principal Act is amended—
in the English language text, in subsubparagraph (1)(c)(i)—
by deleting the comma after the words “in attendance at”; and
by inserting a comma after the words “convened by”; and
by inserting after subsection (6) the following subsection:
“(7) A high officer or an officer of an international organization who is a Malaysian citizen is not entitled under this section to any of the privileges or immunities in the Second and Fourth Schedules respectively, except in respect of acts and things done in his capacity as such an officer.”.
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s 6New sections 6A and 6B
The principal Act is amended by inserting after section 6 the following sections:
Notwithstanding any of the provisions of this Act and subject to subsections 3(1), 11(3) and 11(5), the Minister may by regulations, either with or without restrictions or to the extent or subject to the conditions prescribed in such regulations, confer upon—
the United Nations juridical personality and such legal capacities as may be necessary for the exercise of its powers and the performance of its functions;
and
the United Nations and its representatives of members, officials and experts on missions all or any of the privileges and immunities specified in the Seventh
Schedule.
Notwithstanding any of the provisions of this Act and subject to subsections 3(1), 11(3) and 11(5), the Minister may by regulations, either with or without restrictions or to the extent or subject to the conditions prescribed in such regulations, confer upon—
the Specialized Agencies juridical personality and such legal capacities as may be necessary for the exercise of their powers and the performance of their functions; and
the Specialized Agencies and their representatives of members, officials and experts on mission all or any of the privileges and immunities specified in the Eighth Schedule.”.
International Organizations (Privileges and
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s 7New section 8A
The principal Act is amended by inserting after section 8 the following section:
The privileges and immunities conferred under this Act are granted in the interests of the international organization and overseas organization and not for the personal benefit of the individuals.
The appropriate authority of the respective international organization and overseas organization shall have the right and the duty to waive the privileges and immunities of any of its representatives, officials or experts in any case where, in its opinion, such privileges and immunities would impede the course of justice and could be waived without prejudice to the interests of the international organization and overseas organization.
The international organization and overseas organization shall co-operate at all times with the appropriate authorities in Malaysia to—
facilitate the proper administration of justice;
secure the compliance of all domestic legislation;
and
prevent the occurrence of any abuse in connection with the privileges and immunities conferred under this Act.”.
s 8Amendment of section 11
Section 11 of the principal Act is amended—
in subsection (3), by substituting for the words “sections 4 and 5” the words “sections 4, 5, 6A and 6B”; and
in subsection (5), by substituting for the words “section 4 or 5” the words “section 4, 5, 6A or 6B”.
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s 9Amendment of First Schedule
The First Schedule to the principal Act is amended by substituting for paragraph 3 the following paragraph:
“3. Inviolability of documents and archives.”.
s 10Amendment of Second, Third and Fifth Schedules
Part I of the Second, Third and Fifth Schedules to the principal Act is amended by substituting for the words “head of mission” the words “diplomatic agent”.
s 11New Seventh and Eighth Schedules
The principal Act is amended by inserting after the Sixth
Schedule the following Schedules:
“SEVENTH SCHEDULE
[Sections 1A and 6A]
ARTICLES OF THE CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE
UNITED NATIONS HAVING THE FORCE OF LAW IN MALAYSIA
Article I
JURIDICAL PERSONALITY
Section 1
The United Nations shall possess juridical personality. It shall have the capacity—
to contract;
to acquire and dispose of immovable and movable property;
to institute legal proceedings.
Article II
PROPERTY, FUNDS AND ASSETS
Section 2
The United Nations, its property and assets wherever located and by whomsoever held, shall enjoy immunity from every form of legal process
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except insofar as in any particular case it has expressly waived its immunity.
It is, however, understood that no waiver of immunity shall extend to any measure of execution.
Section 3
The premises of the United Nations shall be inviolable. The property and assets of the United Nations, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.
Section 4
The archives of the United Nations, and in general all documents belonging to it or held by it, shall be inviolable wherever located.
Section 5
Without being restricted by financial controls, regulations or moratoria of any kind—
the United Nations may hold funds, gold or currency of any kind and operate accounts in any currency;
the United Nations shall be free to transfer its funds, gold or currency from one country to another or within any country and to convert any currency held by it into any other currency.
Section 6
In exercising its rights under section 5 above, the United Nations shall pay due regard to any representations made by the Government of any Member insofar as it is considered that effect can be given to such representations without detriment to the interests of the United Nations.
Section 7
The United Nations, its assets, income and other property shall be—
exempt from all direct taxes; it is understood, however, that the United
Nations will not claim exemption from taxes which are, in fact, no more than charges for public utility services;
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exempt from customs duties and prohibitions and restrictions on imports and exports in respect of articles imported or exported by the United
Nations for its official use. It is understood, however, that articles imported under such exemption will not be sold in the country into which they were imported except under conditions agreed with the
Government of that country;
exempt from customs duties and prohibitions and restrictions on imports and exports in respect of its publications.
Section 8
While the United Nations will not, as a general rule, claim exemption from excise duties and from taxes on the sale of movable and immovable property which form part of the price to be paid, nevertheless when the United Nations is making important purchases for official use of property on which such duties and taxes have been charged or are chargeable, Members will, whenever possible, make appropriate administrative arrangements for the remission or return of the amount of duty or tax.
Article III
FACILITIES IN RESPECT OF COMMUNICATIONS
Section 9
The United Nations shall enjoy in the territory of each Member for its official communications, treatment not less favourable than that accorded by the Government of that Member to any other Government including its diplomatic mission in the matter of priorities, rates and taxes on mails, cables, telegrams, radiograms, telephotos, telephone and other communications; and press rates for information to the press and radio. No censorship shall be applied to the official correspondence and other official communications of the United Nations.
Section 10
The United Nations shall have the right to use codes and to despatch and receive its correspondence by courier or in bags, which shall have the same immunities and privileges as diplomatic couriers and bags.
Article IV
THE REPRESENTATIVES OF MEMBERS
Section 11
Representatives of Members to the principal and subsidiary organs of the
United Nations and to conferences convened by the United Nations, shall,
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while exercising their functions and during their journey to and from the place of meeting, enjoy the following privileges and immunities:
immunity from personal arrest or detention and from seizure of their personal baggage, and, in respect of words spoken or written and all acts done by them in their capacity as representatives, immunity from legal process of every kind;
inviolability for all papers and documents;
the right to use codes and to receive papers or correspondence by courier or in sealed bags;
exemption in respect of themselves and their spouses from immigration restrictions, alien registration or national service obligations in the state they are visiting or through which they are passing in the exercise of their functions;
the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions;
the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys; and
such other privileges, immunities and facilities not inconsistent with the foregoing as diplomatic envoys enjoy, except that they shall have no right to claim exemption from customs duties on goods imported
(otherwise than as part of their personal baggage) or from excise duties or sales taxes.
Section 12
In order to secure for the representatives of Members to the principal and subsidiary organs of the United Nations and to conferences convened by the
United Nations, complete freedom of speech and independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer the representatives of Members.
Section 13
Where the incidence of any form of taxation depends upon residence, periods during which the representatives of Members to the principal and subsidiary organs of the United Nations and to conferences convened by the United
Nations are present in a state for the discharge of their duties shall not be considered as periods of residence.
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Section 14
Privileges and immunities are accorded to the representatives of Members not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the
United Nations. Consequently, a Member not only has the right but is under a duty to waive the immunity of its representative in any case where in the opinion of the Member the immunity would impede the course of justice, and it can be waived without prejudice to the purpose for which the immunity is accorded.
Section 15
The provisions of sections 11, 12 and 13 are not applicable between a representative and the authorities of the State of which he is a national or of which he is or has been the representative.
Section 16
In this Article, the expression “representatives” shall be deemed to include all delegates, deputy delegates, advisers, technical experts and secretaries of delegations.
Article V
OFFICIALS
Section 17
The Secretary-General will specify the categories of officials to which the provisions of this Article and Article VII shall apply. He shall submit these categories to the General Assembly. Thereafter these categories shall be communicated to the Governments of all Members. The names of the officials included in these categories shall from time to time be made known to the
Governments of Members.
Section 18
Officials of the United Nations shall—
be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity;
be exempt from taxation on the salaries and emoluments paid to them by the United Nations;
be immune from national service obligations;
be immune, together with their spouses and relatives dependent on them, from immigration restrictions and alien registration;
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be accorded the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions to the Government concerned;
be given, together with their spouses and relatives dependent on them, the same repatriation facilities in time of international crisis as diplomatic envoys;
have the right to import free of duty their furniture and effects at the time of first taking up their post in the country in question.
Section 19
In addition to the immunities and privileges specified in section 18, the
Secretary-General and all Assistant Secretaries-General shall be accorded in respect of themselves, their spouses and minor children, the privileges and immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with international law.
Section 20
Privileges and immunities are granted to officials in the interests of the United
Nations and not for the personal benefit of the individuals themselves. The
Secretary-General shall have the right and the duty to waive the immunity of any official in any case where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the United Nations. In the case of the Secretary-General, the Security Council shall have the right to waive immunity.
Section 21
The United Nations shall cooperate at all times with the appropriate authorities of
Members to facilitate the proper administration of justice, secure the observance of police regulations and prevent the occurrence of any abuse in connection with the privileges, immunities and facilities mentioned in this Article.
Article VI
EXPERTS ON MISSIONS FOR THE UNITED NATIONS
Section 22
Experts (other than officials coming within the scope of Article V) performing missions for the United Nations shall be accorded such privileges and immunities as are necessary for the independent exercise of their functions during the
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period of their missions, including the time spent on journeys in connection with their missions. In particular, they shall be accorded—
immunity from personal arrest or detention and from seizure of their personal baggage;
in respect of words spoken or written and acts done by them in the course of the performance of their mission, immunity from legal process of every kind. This immunity from legal process shall continue to be accorded notwithstanding that the persons concerned are no longer employed on missions for the United Nations;
inviolability for all papers and documents;
for the purpose of their communications with the United Nations, the right to use codes and to receive papers or correspondence by courier or in sealed bags;
the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions;
the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys.
Section 23
Privileges and immunities are granted to experts in the interests of the United
Nations and not for the personal benefit of the individuals themselves. The
Secretary-General shall have the right and the duty to waive the immunity of any expert in any case where, in his opinion, the immunity would impede the course of justice and it can be waived without prejudice to the interests of the United Nations.
Article VII
UNITED NATIONS LAISSEZ-PASSER
Section 24
The United Nations may issue United Nations laissez-passer to its officials. These laissez-passers shall be recognized and accepted as valid travel documents by the authorities of Members, taking into account the provision of section 25.
Section 25
Applications for visas (where required) from the holders of United Nations laissez-passer, when accompanied by a certificate that they are travelling on the business of the United Nations, shall be dealt with as speedily as possible.
In addition, such persons shall be granted facilities for speedy travel.
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Section 26
Similar facilities to those specified in section 25 shall be accorded to experts and other persons who, though not the holders of United Nations laissez-passer, have a certificate that they are travelling on the business of the United
Nations.
Section 27
The Secretary-General, Assistant Secretaries-General and Directors travelling on United Nations laissez-passer on the business of the United Nations shall be granted the same facilities as are accorded to diplomatic envoys.
Section 28
The provisions of this Article may be applied to the comparable officials of specialized agencies if the agreements for relationship made under Article 63
of the Charter so provide.
Article VIII
SETTLEMENT OF DISPUTES
Section 29
The United Nations shall make provisions for appropriate modes of settlement of—
disputes arising out of contracts or other disputes of a private law character to which the United Nations is a party;
disputes involving any official of the United Nations who by reason of his official position enjoys immunity, if immunity has not been waived by the Secretary-General.
Section 30
All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the
Charter and Article 65 of the Statute of the Court. The opinion given by the
Court shall be accepted as decisive by the parties.
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Final Article
Section 31
This Convention is submitted to every Member of the United Nations for accession.
Section 32
Accession shall be effected by deposit of an instrument with the Secretary-General of the United Nations and the Convention shall come into force as regards each Member on the date of deposit of each instrument of accession.
Section 33
The Secretary-General shall inform all Members of the United Nations of the deposit of each accession.
Section 34
It is understood that, when an instrument of accession is deposited on behalf of any Member, the Member will be in a position under its own law to give effect to the terms of this Convention.
Section 35
This Convention shall continue in force as between the United Nations and every Member which has deposited an instrument of accession for so long as that member remains a Member of the United Nations, or until a revised general convention has been approved by the General Assembly and that
Member has become a party to this revised convention.
Section 36
The Secretary-General may conclude with any Member or Members supplementary agreements adjusting the provisions of this Convention so far as that Member or those Members are concerned. These supplementary agreements shall in each case be subject to the approval of the General Assembly.
International Organizations (Privileges and
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