S.I. No. 569/2015 - International Organization for Migration (Privileges and Immunities) Order 2015.

1. The privileges and immunities provided for in Articles 7, 8 and 9 of this Agreement are granted solely to ensure the unimpeded functioning of the Organization and the complete independence of the persons to whom they are accorded. They are not granted for the personal benefit of the individuals concerned. The Organization shall have the right and the duty to waive the immunity of any official (including the Chief of Mission of the Organization in Ireland) in any case where, in its opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the Organization;

2. Such immunities may be waived

(

a

) in the case of the Chief of Mission and other officials in Ireland, by the Director General of the Organization; and

(

b

) in the case of representatives of Member States, by the Member State concerned.

3. The Organization shall co-operate at all times with the appropriate authorities of Ireland to facilitate the proper administration of justice, secure the observance of Irish law and prevent the occurrence of any abuses in connection with the privileges, immunities and facilities mentioned in this Article.

Article 12

Any dispute between the Government of Ireland and the Organization concerning the interpretation or application of this Agreement which is not settled by negotiation, shall be referred for final decision to a tribunal of three arbitrators: one to be appointed by the Minister for Justice and Equality of Ireland, one to be appointed by the Director General, and the third, who shall be the chairperson of the tribunal, to be appointed by the first two arbitrators.

Article 13

The provisions of this Agreement can be modified or revised at any time by mutual consent of the Parties.

Article 14

This Agreement shall enter into force on the date on which the Government of Ireland gives to the Organization notification of the completion of the procedures required by law for the entry into force of the Agreement.

Article 15

This Agreement shall cease to be in force twelve months after either of the Parties shall have given notice in writing to the other of its decision to terminate the Agreement.

IN WITNESS WHEREOF the undersigned representatives, duly authorised for that purpose, have signed this Agreement.

DONE in duplicate at Geneva on the 5th day of June 2015.

For the Government of Ireland

For the International Organization for Migration

Patricia O’Brien

William Lacy Swing

GIVEN under the Official Seal of the Government,

15 December 2015.

ENDA KENNY,

Taoiseach.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This order provides that privileges and immunities are afforded to the International Organization for Migration in accordance with the Cooperation Agreement made on 5 June 2015 between the Government of Ireland and the International Organization for Migration.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

25

th December

, 2015.

WHEREAS it is enacted by section 42A (amended by

section 4

of the

Diplomatic Relations and Immunities (Amendment) Act 2006

(No. 10 of 2006)) of the

Diplomatic Relations and Immunities Act 1967

(No. 8 of 1967) that the Government may by order make provision to enable—

(a) international organisations, communities or bodies, their institutions or organs and their property, and

(b) persons,

to have and enjoy in the State any inviolability, exemptions, facilities, immunities, privileges or rights (other than inviolability, exemptions, facilities, immunities, privileges or rights not conferred upon, or afforded in relation to, sending states or missions under the Vienna Convention) provided for in relation to them by an international agreement to which the State or the Government is or intends to become a party;

AND WHEREAS the International Organization for Migration is such an international organisation, community or body and the Cooperation Agreement made on 5 June 2015 between the Government of Ireland and the International Organization for Migration is such an agreement;

NOW, the Government, in exercise of the powers conferred on them by the said section 42A, hereby order as follows