S.I. No. 235/1982 - Common Fund For Commodities (Designation of Organisation) Order, 1982.

1. The immunities, exemptions and privileges provided in this chapter are granted in the interests of the Fund. The Fund may waive to such extent and upon such conditions as it may determine, the immunities, exemptions and privileges provided in this chapter in cases where its action would not prejudice the interests of the Fund.

2. The Managing Director shall have the power, as may be delegated to him by the Governing Council, and the duty to waive the immunity of any of the staff, and experts performing missions for the Fund, in cases where the immunity would impede the course of justice and can be waived without prejudice to the interests of the Fund.

Article 50

Application of this chapter

Each Member shall take such action as is necessary for the purpose of making effective in its territory the principles and obligations set forth in this chapter.

GIVEN under the Official Seal of the Government, this 23rd day of

July, 1982.

CHARLES J. HAUGHEY,

Taoiseach

EXPLANATORY NOTE.

The effect of this Order is to accord to the Common Fund for Commodities the privileges and immunities set out in the Agreement establishing the Common Fund for Commodities 1980, for the purposes of

Section 42

of the

Diplomatic Relations and Immunities Act, 1967

.

3. No tax shall be levied by Members on or in respect of salaries and emoluments paid or any other form of payment made by the Fund to Governors, Executive Directors, their alternates, members of the Consultative Committee, the Managing Director and staff, as well as experts performing missions for the Fund, who are not their citizens, nationals or subjects.

4. No taxation of any kind shall be levied on any obligation or security issued or guaranteed by the Fund, including any dividend or interest thereon, by whomsoever held

(

a

) which discriminates against such obligation or security solely because it is issued or guaranteed by the Fund; or

(

b

) if the sole jurisdictional basis for such taxation is the place or currency in which it is issued, made payable or paid, or the location of any office or place of business maintained by the Fund.

Article 49

Waiver of immunities, exemptions and privileges

S.I. No. 235 of 1982.

COMMON FUND FOR COMMODITIES (DESIGNATION OF ORGANISATION) ORDER, 1982.

WHEREAS it is enacted by

section 40

(1) of the

Diplomatic Relations and Immunities Act, 1967

(No. 8 of 1967), that the Government may by order designate an international organisation of which the State or the Government is or intends to become a member to be an organisation to which Part VIII of that Act applies

AND WHEREAS the Common Fund for Commodities is an organisation such as aforesaid

NOW, the Government, in exercise of the powers conferred on them by section 40 of the said

Diplomatic Relations and Immunities Act, 1967

, hereby order as follows