IMMUNITIES & PRIVILEGES TO BE CONFERRED ON UNCTAD PARTICIPANTS PROCLAMATION by the President of the Republic of South Africa No. R. 20, 1996 IMMUNITIES AND PRIVILEGES TO BE CONFERRED ON THE UNITED NATIONS AND OTHER PERSONS PARTICIPATING IN THE UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT'S NINTH CONFERENCE TO BE HELD IN THE REPUBLIC OF SOUTH AFRICA Under section 4 (c) (i) of the Diplomatic Immunities and Privileges Act, 1989 (Act No. 74 of 1989), I hereby confer upon the United Nations and other persons participating in the United Nations Conference on Trade and Development's Ninth Conference the immunities and privileges mentioned in the Schedule. Given under my Hand and the Seal of the Republic of South Africa at Cape Town this Twelfth day of April, One thousand Nine hundred and Ninety-six. N. R. MANDELA President By Order of the President-in-Cabinet: J. T. RADEBE Acting Minister of the Cabinet SCHEDULE 1. Representatives of States which are members of the United Nations Conference on Trade and Development (UNCTAD) shall enjoy privileges and immunities provided under article IV of the Convention on the Privileges and Immunities of the United Nations, 1946 (hereinafter referred to as the "Convention, 1946"), which is quoted hereunder: "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, while exercising their functions and during the journey to and from the place of meeting, enjoy the following privileges and immunities: (a) 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; (b) Inviolability for all papers and documents; (c) The right to use codes and to receive papers or correspondence by courier or in sealed bags; (d) Exemption in respect of themselves and their spouses from immigration restrictions, aliens registration or national service obligations in the state they are visiting or through which they are passing in the exercise of their functions; (e) The same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official mission; (f) The same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys, and also; (g) 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. 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 as 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." 2. Officials of the United Nations Secretariat and staff members of the United Nations Secretariat assigned to perform functions in connection with the UNCTAD IX Conference shall enjoy the privileges and immunities provided under articles V and VII of the Convention, 1946, which are quoted hereunder: "Article V OFFICIALS SECTION 18 Officials of the United Nations shall: (a) Be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity; (b) Be exempt from taxation on the salaries and emoluments paid to them by the United Nations; (c) Be immune from national service obligations; (d) Be immune, together with their spouses and relatives dependent on them, from immigration restrictions and alien registration; (e) 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; (f) Be given, together with their spouses and relatives dependent on them, the same repatriation facilities in time of international crisis as diplomatic envoys; (g) 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 interest 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 co-operate 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 VII UNITED NATIONS LAISSEZ-PASSER SECTION 24 The United Nations may issue United Nations laissez-passer to its officials. These laissez-passer shall be recognized and accepted as valid travel documents by the authorities of Members, taking into account the provisions 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. 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." 3. Experts on mission for the United Nations in connection with the UNCTAD IX Conference shall enjoy the privileges and immunities provided under articles VI and VII of the Convention, 1946, which are quoted hereunder: "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 period of their missions, including the time spend on journeys in connection with their missions. In particular they shall be accorded: (a) Immunity from personal arrest or detention and from seizure of their personal baggage; (b) 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 not longer employed on missions for the United Nations; (c) Inviolability for all papers and documents; (d) 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; (e) The same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions; (f) The same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys. (* ie Article V of the Convention, 1946, dealing with officials of the United Nations) 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 interest 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-passer shall be recognized and accepted as valid travel documents by the authorities of Members, taking into account the provisions 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. SECTION 26 Similar facilities to those specified in Section 25 shall be accorded to exports and other person 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." 4. Observers included in the following categories shall enjoy immunity from legal process in respect of words spoken or written and any act performed by them in connection with their participation in the Conference: (a) Organizations that have received a standing invitation from the General Assembly to participate in the sessions and the work of all international conferences convened under its auspices in the capacity of observers; (b) Intergovernmental organizations in status with UNCTAD; (c) Non-governmental organizations in status with UNCTAD; (d) Other interested intergovernmental and non-governmental organizations; and (e) Other persons invited by the United Nations. 5. The observers of specialized agencies and organizations institutionally linked to the United Nations shall enjoy the privileges and immunities provided under articles VI and VIII of the Convention on the Privileges and Immunities of the Specialized Agencies, 1947, which are quoted hereunder: "Article VI OFFICIALS SECTION 19 Officials of the specialized agencies shall: (a) Be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity; (b) Enjoy the same exemptions from taxation in respect of the salaries and emoluments paid to them by the specialized agencies and on the same conditions as are enjoyed by officials of the United Nations; (c) Be immune, together with their spouses and relatives dependent on them, from immigration restrictions and alien registration; I (d) Be accorded the same privileges in respect of exchange facilities as are accorded to officials of comparable rank of diplomatic missions; (e) Be given, together with their spouses and relatives dependent on them, the same repatriation facilities in time of international crises as officials of comparable rank of diplomatic missions; (f) 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 20 The officials of the specialized agencies shall be exempt from national service obligations, provided that, in relation to the States of which they are nationals, such exemption shall be confined to officials of the specialized agencies whose names have, by reason of their duties, been placed upon a list compiled by the executive head of the specialized agency and approved by the State concerned. Should other officials of specialized agencies be called up for national service, the State concerned shall, at the request of the specialized agency concerned, grant such temporary deferments in the call-up of such officials as may be necessary to avoid interruption in the continuation of essential work. SECTION 21 In addition to the immunities and privileges specified in sections 19 and 20, the executive head of each specialized agency, including any official acting on his behalf during his absence from duty, shall be accorded in respect of himself, his spouse and minor children, the privileges and immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with international law. SECTION 22 Privileges and immunities are granted to officials in the interest of the specialized agencies only and not for the personal benefit of the individuals themselves. Each specialized agency shall have the right and the duty to waive the immunity of any official in any case where, in its opinion, the immunity would impede the course of justice and can be waived without prejudice to the interest of the specialized agency. SECTION 23 Each specialized agency shall co-operate at all times with the appropriate authorities of member States to facilitate the proper administration of justice, secure the observance of police regulations and prevent the occurrence of any abuses in connection with the privileges, immunities and facilities mentioned in this article. Article VIII LAISSEZ-PASSER SECTION 26 Officials of the specialized agencies shall be entitled to the use of the United Nations laissez-passer in conformity with administrative arrangements to be concluded between the Secretary-General of the United Nations and the competent authorities of the specialized agencies, to which agencies special powers to issue laissez-passer may be delegated. The Secretary-General of the United Nations shall notify each State party to this Convention of each administrative arrangements so concluded. SECTION 27 States parties to this Convention shall recognize and accept the United Nations laissez-passer issued to officials of the specialized agencies as valid travel documents. SECTION 28 Applications for visas, where required, from officials of specialized agencies holding United Nations laissez-passer, when accompanied by a certificate that they are travelling on the business of a specialized agency, shall be dealt with as speedily as possible. In addition, such persons shall be granted facilities for speedy travel. SECTION 29 Similar facilities to those specified in section 28 shall be accorded to experts and other persons who, though not the holder of United Nations laissez-passer, have a certificate that they are travelling on the business of a specialized agency. SECTION 30 The executive heads, assistant executive heads, heads of departments and other officials of a rank not lower than head of department of the specialized agencies, travelling on United Nations laissez-passer on the business of the specialized agencies, shall be granted the same facilities for travel as are accorded to officials of comparable rank in diplomatic missions." 6. Local staff recruited and provided at the expense of the Government of the Republic of South Africa within the Republic of South Africa, which are required for the UNCTAD IX Conference shall enjoy immunity from legal process in respect of words spoken or written and any act performed by them in their official capacity in connection with the UNCTAD IX. 7. Without prejudice to the preceding paragraphs of this proclamation, all persons performing functions in connection with the Conference, and all those invited to the Conference, shall enjoy the privileges, immunities and facilities necessary for the independent exercise of their functions in connection with the Conference. 8. All persons referred to in paragaphs 1 to 7 of this proclamation as well as representatives of the information media accredited by the United Nations shall have the right of entry into and exit from the Republic of South Africa, and no impediment shall be imposed on their transit to and from the UNCTAD IX Conference area. They shall be granted facilities for speedy travel. Visas and entry permits, where required, shall be granted free of charge as speedily as possible. 9. All persons referred to in paragraph 8 of this proclamation shall have the right to take out of the Republic of South Africa at the time of their departure, without any restrictions, any unexpended portions of the funds they brought into the Republic of South Africa and to reconvert any such funds. 10. The Government of the Republic of South Africa shall allow the temporary importation, tax and duty-free, of all equipment, including technical equipment accompanying representatives of information media, and shall waive import duties and taxes on supplies necessary for the UNCTAD IX Conference. It shall issue without delay any necessary import and export permits for this purpose. 11. For the purpose of the UNCTAD IX Conference the following articles of the Convention, 1946 shall apply mutatis mutandis: "Article I JURIDICAL PERSONALITY SECTION 1 The United Nations shall possess juridical personality. It shall have the capacity: (a) To contract; (b) To acquire and dispose of immovable and movable property; (c) 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 except in so far 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 for 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, (a) The United Nations may hold funds, gold or currency of any kind and operate accounts in any currency; (b) 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 in so far 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: (a) 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; (b) Exempt form 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; (c) Exempt from customs duties and prohibitions and restrictions on imports and export 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 favorable 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 dispatch and receive its correspondence by courier or in bags, which shall have the same immunities and privileges as diplomatic couriers and bags. " 12. For the purpose of paragraph 11 of this proclamation, the UNCTAD IX Conference premises specified as Gallagher Estate, Midrand, shall be deemed to constitute premises of the United Nations in the sense of section 3 of the Convention, 1946, and access thereto shall be subject to the authority and control of the United Nations, which authorization shall not be withheld in cases of emergency. The premises shall be inviolable for the duration of the Conference, including the preparatory stage and with winding-up, from 22 April to 13 May 1996.