S.I. No. 616/2019 - African Development (Bank and Fund) (Privileges and Immunities) Order 2019

1. The immunities, exemptions and privileges provided in this Chapter are granted in the interests of the Fund. The Board of Directors 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 in its opinion further the interests of the Fund.

2. Regardless of the provisions of paragraph 1, the President shall have the right and the duty to waive the immunity of any of the personnel, including experts performing missions for the Fund, in cases where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the Fund.

GIVEN under the Official Seal of the Government,

3 December, 2019.

LEO VARADKAR,

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 African Development Bank, in accordance with the Agreement Establishing the African Development Bank (done at Khartoum on 4 August 1963), and the African Development Fund, in accordance with the Agreement Establishing the African Development Fund (done at Abidjan on 29 November 1972), pursuant to the

Diplomatic Relations and Immunities Act 1967

(as amended).

3. Articles imported under an exemption provided for by paragraph 1 shall not be sold in the territory of the State participant which granted the exemption except under conditions agreed with that participant.

4. No tax shall be levied on or in respect of salaries and emoluments paid by the Fund to the President and personnel including experts performing missions for it.

ARTICLE 50

Waiver by the Fund

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

6

th December,

2019.

WHEREAS it is enacted by section 42A (amended by

section 6

of the

Diplomatic Relations (Miscellaneous Provisions) Act 2017

(No. 33 of 2017)) 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 equivalent or having like effect to those conferred upon, or afforded in relation to, sending states, missions or international organisations under the Vienna Convention, the Convention on the Privileges and Immunities of the United Nations, or the Convention on the Privileges and Immunities of the Specialised Agencies or any other international agreement scheduled to the

Diplomatic Relations and Immunities Act 1967

provided for in relation to them by an international agreement or arrangement to which the State or the Government is or intends to become a party;

AND WHEREAS the African Development Bank is such an international organisation, community or body and the Agreement Establishing the African Development Bank, done at Khartoum on 4 August 1963, is such an international agreement;

AND WHEREAS the African Development Fund is such an international organisation, community or body and the Agreement Establishing the African Development Fund, done at Abidjan on 29 November 1972, is such an international agreement;

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