Privileges Act (International Tribunal for the Law of the Sea)

L.N. 80 of 2013

DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

(CAP. 191)

Application of Part III of the Diplomatic Immunities and

Privileges Act (International Tribunal for the Law of the Sea)

Order, 2013

IN exercise of the powers conferred by article 5 of the

Diplomatic Immunities and Privileges Act, the Minister responsible

for foreign affairs has made the following Order:-

The title of this Order is the Application of Part III of the Citation.

Diplomatic Immunities and Privileges Act (International Tribunal for

the Law of the Sea) Order, 2013.

The International Tribunal for the Law of the Sea shall Immunities and

enjoy the immunities and privileges set out in Part I of the Second privileges

International

Schedule to the Diplomatic Immunities and Privileges Act, and shall Tribunal

Law of the Sea.

have the legal capacities of a juridical person.

(1) The Articles set out in the Schedule to this Order Agreement on

(being Articles of the Agreement on the Privileges and Immunities of the

and Immunities

the International Tribunal for the Law of the Sea, adopted in 1997) of

International

shall have the same force of law in Malta and shall for the purpose be Tribunal for the

construed in accordance with the following provisions of this article. Law of the Sea.

(2) The Articles referred to in subarticle (1) appear in the

Schedule in the English language only and are being published with

the English text of this Order.

(3) In those Articles -

"any State Party", "each State Party", "the State Party", "the

State Party concerned" shall be construed as meaning Malta;

"States Parties" shall be construed as including Malta;

"the State Party of which he or she is a national" shall be

construed as meaning a Maltese national;

"a national" shall be construed as meaning a citizen of Malta;

"permanent resident" shall be construed as meaning a person in

favour of whom a permit of residence has been issued in accordance

with the provisions contained in article 7 of the Immigration Act;

"appropriate authorities of States Parties" shall be construed as

including the Malta Police and the Armed Forces of Malta.

(4) The references in Articles 5, 8, 9, 10, 11, 12, 13, 14, 15, 16,

17, 18, 21 and 22, to the extent to which any privileges and

immunities are accorded or granted, shall be construed as referring

respectively to the extent to which any privileges and immunities may

be specified by the Minister by order published in the Government

Gazette.

Schedule

AGREEMENT ON THE PRIVILEGES AND IMMUNITIES OF THE

INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA

Article 1

Use of terms

For the purposes of this Agreement

(a)

"Convention" means the United Nations Convention on the Law

of the Sea of 10 December 1982;

(b) "Statute" means the Statute of the International Tribunal for the

Law of the Sea in Annex VI to the Convention;

(c)

"States Parties" means States Parties to this Agreement;

(d)

"Tribunal" means the International Tribunal for the Law of the

(e)

"Member of the Tribunal" means an elected member of the

Tribunal or a person chosen under article 17 of the Statute for the purpose of

a particular case;

(f)

"Registrar" means the Registrar of the Tribunal and includes any

official of the Tribunal acting as Registrar;

(g) "officials of the Tribunal" means the Registrar and other members

of the staff of the Registry;

(h) "Vienna Convention" means the Vienna Convention on

Diplomatic Relations of 18 April 1961.

Article 2

Juridical personality of the Tribunal

The Tribunal 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.

Inviolability of the premises of the Tribunal

The premises of the Tribunal shall be inviolable, subject to such conditions as

may be agreed with the State Party concerned.

Article 4

Flag and emblem

The Tribunal shall be entitled to display its flag and emblem at its premises

and on vehicles used for official purposes.

Article 5

Immunity of the Tribunal, its property, assets and funds

1. The Tribunal shall enjoy immunity from legal process, 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.

2. The property, assets and funds of the Tribunal, wherever located and by

whomsoever held, shall be immune from search, requisition, confiscation, seizure,

expropriation or any other form of interference, whether by executive,

administrative, judicial or legislative action.

3. To the extent necessary to carry out its functions, the property, assets

and funds of the Tribunal shall be exempt from restrictions, regulations, controls

and moratoria of any nature.

The Tribunal shall have insurance coverage against third-party risks in

respect of vehicles owned or operated by it, as required by the laws and regulations

of the State in which the vehicle is operated.

Article 6

Archives

The archives of the Tribunal, and all documents belonging to it or held by it,

shall be inviolable at all times and wherever they may be located. The State Party

where the archives are located shall be informed of the location of such archives

and documents.

Article 7

Exercise of the functions of the Tribunal outside the Headquarters

In the event that the Tribunal considers it desirable to sit or otherwise

exercise its functions elsewhere than at its Headquarters, it may conclude with the

State concerned an arrangement concerning the provision of the appropriate

facilities for the exercise of its functions.

Article 8

Communications

1. For the purposes of its official communications and correspondence, the

Tribunal shall enjoy in the territory of each State Party, insofar as is compatible

with the international obligations of the State concerned, treatment not less

favourable than that which the State Party accords to any intergovernmental

organization or diplomatic mission in the matter of priorities, rates and taxes

applicable to mail and the various forms of communication and correspondence.

2. The Tribunal may use all appropriate means of communication and

make use of codes or cipher for its official communications or correspondence.

The official communications and correspondence of the Tribunal shall be

inviolable.

3. The Tribunal shall have the right to dispatch and receive

correspondence and other materials or communications by courier or in sealed

bags, which shall have the same privileges, immunities and facilities as diplomatic

couriers and bags.

Article 9

Exemption from taxes, customs duties and import or export restrictions

1. The Tribunal, its assets, income and other property, and its operations

and transactions shall be exempt from all direct taxes; it is understood, however,

that the Tribunal shall not claim exemption from taxes which are no more than

charges for public utility services.

2. The Tribunal shall be exempt from all customs duties, import turnover

taxes and prohibitions and restrictions on imports and exports in respect of articles

imported or exported by the Tribunal for its official use.

3. Goods imported or purchased under such an exemption shall not be sold

or otherwise disposed of in the territory of a State Party, except under conditions

agreed with the Government of that State Party. The Tribunal shall also be exempt

from all customs duties, import turnover taxes, prohibitions and restrictions on

imports and exports in respect of its publications.

Reimbursement of duties and/or taxes

1. The Tribunal shall not, as a general rule, claim exemption from duties

and taxes which are included in the price of movable and immovable property and

taxes paid for services rendered. Nevertheless, when the Tribunal for its official

use makes major purchases of property and goods or services on which duties and

taxes are charged or are chargeable, States Parties shall make appropriate

administrative arrangements for the exemption of such charges or reimbursement

of the amount of duty and/or tax paid.

2. Goods purchased under such an exemption or reimbursement shall not

be sold or otherwise disposed of, except in accordance with the conditions laid

down by the State Party which granted the exemption or reimbursement. No

exemption or reimbursement shall be accorded in respect of charges for public

utility services provided to the Tribunal.

Article 11

Taxation

1. The salaries, emoluments and allowances paid to Members and officials

of the Tribunal shall be exempt from taxation.

2. Where the incidence of any form of taxation depends upon residence,

periods during which such Members or officials are present in a State for the

discharge of their functions shall not be considered as periods of residence if such

Members or officials are accorded diplomatic privileges, immunities and facilities.

3. States Parties shall not be obliged to exempt from income tax pensions

or annuities paid to former Members and former officials of the Tribunal.

Article 12

Funds and freedom from currency restrictions

1. Without being restricted by financial controls, regulations or financial

moratoriums of any kind, while carrying out its activities

(a)

the Tribunal may hold funds, currency of any kind or gold and

operate accounts in any currency;

(b) the Tribunal shall be free to transfer its funds, gold or its currency

from one country to another or within any country and to convert any

currency held by it into any other currency;

(c)

the Tribunal may receive, hold, negotiate, transfer, convert or

otherwise deal with bonds and other financial securities.

2. In exercising its rights under paragraph 1, the Tribunal shall pay due

regard to any representations made by any State Party insofar as it is considered

that effect can be given to such representations without detriment to the interests of

the Tribunal.

Article 13

Members of the Tribunal

1. Members of the Tribunal shall, when engaged on the business of the

Tribunal, enjoy the privileges, immunities, facilities and prerogatives accorded to

heads of diplomatic missions in accordance with the Vienna Convention.

2. Members of the Tribunal and members of their families forming part of

their households shall be accorded every facility for leaving the country where

they may happen to be and for entering and leaving the country where the Tribunal

is sitting. On journeys in connection with the exercise of their functions, they shall

in all countries through which they may have to pass enjoy all the privileges,

immunities and facilities granted by these countries to diplomatic agents in similar

circumstances.

3. If Members of the Tribunal, for the purpose of holding themselves at the

disposal of the Tribunal, reside in any country other than that of which they are

nationals or permanent residents, they shall, together with the members of their

families forming part of their households, be accorded diplomatic privileges,

immunities and facilities during the period of their residence there.

4. Members of the Tribunal shall be accorded, together with members of

their families forming part of their households, the same repatriation facilities in

time of international crises as are accorded to diplomatic agents under the Vienna

Convention.

Members of the Tribunal shall have insurance coverage against third-

party risks in respect of vehicles owned or operated by them, as required by the

laws and regulations of the State in which the vehicle is operated.

Paragraphs 1 to 5 of this article shall apply to Members of the Tribunal

even after they have been replaced if they continue to exercise their functions in

accordance with article 5, paragraph 3, of the Statute.

In order to secure, for Members of the Tribunal, complete freedom of

speech and independence in the discharge of their functions, the immunity from

legal process in respect of words spoken or written and all acts done by them in

discharging their functions shall continue to be accorded, notwithstanding that the

persons concerned are no longer Members of the Tribunal or performing those

functions.

Officials

1. The Registrar shall, when engaged on the business of the Tribunal, be

accorded diplomatic privileges, immunities and facilities.

2. Other officials of the Tribunal shall enjoy in any country where they

may be on the business of the Tribunal, or in any country through which they may

pass on such business, such privileges, immunities and facilities as are necessary

for the independent exercise of their functions.

In particular, they shall be accorded

(a)

immunity from personal arrest or detention and from seizure of

their personal baggage;

(b) 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 and to re-export

the same free of duty to their country of permanent residence;

(c)

exemption from inspection of personal baggage, unless there are

serious grounds for believing that the baggage contains articles not for

personal use or articles the import or export of which is prohibited by the law

or controlled by the quarantine regulations of the State Party concerned; an

inspection in such a case shall be conducted in the presence of the official

concerned;

(d) immunity from legal process in respect of words spoken or

written and all acts done by them in discharging their functions, which

immunity shall continue even after they have ceased to exercise their

functions;

(e)

immunity from national service obligations;

(f)

together with members of their families forming part of their

household, exemption from immigration restrictions or alien registration;

(g) the same privileges in respect of currency and exchange facilities

as are accorded to the officials of comparable rank forming part of diplomatic

missions to the Government concerned;

(h) together with members of their families forming part of their

household, the same repatriation facilities in time of international crises as

are accorded to diplomatic agents under the Vienna Convention.

3. The officials of the Tribunal shall be required to have insurance

coverage against third party risks in respect of vehicles owned or operated by

them, as required by the laws and regulations of the State in which the vehicle is

operated.

4. The Tribunal shall communicate to all States Parties the categories of

officials to which the provisions of this article shall apply. The names of the

officials included in these categories shall from time to time be communicated to

all States Parties.

Article 15

Experts appointed under article 289 of the Convention

Experts appointed under article 289 of the Convention shall be accorded,

during the period of their missions, including the time spent on journeys in

connection with their missions, such privileges, immunities and facilities as are

necessary for the independent exercise of their functions.

In particular, they shall be accorded

(a)

immunity from personal arrest or detention and from seizure of

their personal baggage;

(b) exemption from inspection of personal baggage, unless there are

serious grounds for believing that the baggage contains articles not for

personal use or articles the import or export of which is prohibited by law or

controlled by the quarantine regulations of the State Party concerned; an

inspection in such a case shall be conducted in the presence of the expert

concerned;

(c)

immunity from legal process in respect of words spoken or

written and acts done by them in discharging their functions, which immunity

shall continue even after they have ceased to exercise their functions;

(d)

inviolability of documents and papers;

(e)

exemption from immigration restrictions or alien registration;

(f)

the same facilities in respect of currency and exchange

restrictions as are accorded to representatives of foreign Governments on

temporary official missions;

(g) such experts shall be accorded the same repatriation facilities in

time of international crises as are accorded to diplomatic agents under the

Vienna Convention.

Agents, counsel and advocates

1. Agents, counsel and advocates before the Tribunal shall be accorded,

during the period of their missions, including the time spent on journeys in

connection with their missions, the privileges, immunities and facilities necessary

for the independent exercise of their functions. In particular, they shall be

accorded

(a)

immunity from personal arrest or detention and from seizure of

their personal baggage;

(b) exemption from inspection of personal baggage, unless there are

serious grounds for believing that the baggage contains articles not for

personal use or articles the import or export of which is prohibited by law or

controlled by the quarantine regulations of the State Party concerned; an

inspection in such a case shall be conducted in the presence of the agent,

counsel or advocate concerned;

(c)

immunity from legal process in respect of words spoken or

written and all acts done by them in discharging their functions, which

immunity shall continue even after they have ceased to exercise their

functions;

(d)

inviolability of documents and papers;

(e)

the right to receive papers or correspondence by courier or in

sealed bags;

(f)

exemption from immigration restrictions or alien registration;

(g) the same facilities in respect of their personal baggage and in

respect of currency or exchange restrictions as are accorded to

representatives of foreign Governments on temporary official missions;

(h) the same repatriation facilities in time of international crises as

are accorded to diplomatic agents under the Vienna Convention.

2. Upon receipt of notification from parties to proceedings before the

Tribunal as to the appointment of an agent, counsel or advocate, a certification of

the status of such representative shall be provided under the signature of the

Registrar and limited to a period reasonably required for the proceedings.

3. The competent authorities of the State concerned shall accord the

privileges, immunities and facilities provided for in this article upon production of

the certification referred to in paragraph 2.

4. Where the incidence of any form of taxation depends upon residence,

periods during which such agents, counsel or advocates are present in a State for

the discharge of their functions shall not be considered as periods of residence.

Article 17

Witnesses, experts and persons performing missions

1. Witnesses, experts and persons performing missions by order of the

Tribunal shall be accorded, during the period of their missions, including the time

spent on journeys in connection with their missions, the privileges, immunities and

facilities provided for in article 15, subparagraphs (a) to (f).

2. Witnesses, experts and such persons shall be accorded repatriation

facilities in time of international crises.

Article 18

Nationals and permanent residents

Except insofar as additional privileges and immunities may be granted by the

State Party concerned, and without prejudice to article 11, a person enjoying

immunities and privileges under this Agreement shall, in the territory of the State

Party of which he or she is a national or permanent resident, enjoy only immunity

from legal process and inviolability in respect of words spoken or written and all

acts done by that person in the discharge of his or her duties, which immunity shall

continue even after the person has ceased to exercise his or her functions in

connection with the Tribunal.

Article 19

Respect for laws and regulations

1. Privileges, immunities, facilities and prerogatives as provided for in

articles 13 to 17 of this Agreement are granted not for the personal benefit of the

individuals themselves but in order to safeguard the independent exercise of their

functions in connection with the Tribunal.

2. Without prejudice to their privileges and immunities, it is the duty of all

persons referred to in articles 13 to 17 to respect the laws and regulations of the

State Party in whose territory they may be on the business of the Tribunal or

through whose territory they may pass on such business. They also have a duty not

to interfere in the internal affairs of that State.

Waiver

1. Inasmuch as the privileges and immunities provided for in this

Agreement are granted in the interests of the good administration of justice and not

for the personal benefit of the individuals themselves, the competent authority has

the right and the duty to waive the immunity in any case where, in its opinion, the

immunity would impede the course of justice and can be waived without prejudice

to the administration of justice.

2. For this purpose, the competent authority in the case of agents, counsel

and advocates representing or designated by a State which is a party to proceedings

before the Tribunal will be the State concerned. In the case of other agents, counsel

and advocates, the Registrar, experts appointed under article 289 of the

Convention and witnesses, experts and persons performing missions, the

competent authority will be the Tribunal. In the case of other officials of the

Tribunal, the competent authority will be the Registrar, acting with the approval of

the President of the Tribunal.

Article 21

Laissez-passer and visas

1. The States Parties shall recognize and accept the United Nations laissez-

passer issued to Members and officials of the Tribunal or experts appointed under

article 289 of the Convention as a valid travel document.

2. Applications for visas (where required) from the Members of the

Tribunal and the Registrar shall be dealt with as speedily as possible. Applications

for visas from all other persons holding or entitled to hold laissez-passer referred

to in paragraph 1 of this Article and from persons referred to in articles 16 and 17,

when accompanied by a certificate that they are travelling on the business of the

Tribunal, shall be dealt with as speedily as possible.

Article 22

Freedom of movement

No administrative or other restrictions shall be imposed on the free

movement of Members of the Tribunal, as well as other persons mentioned in

articles 13 to 17, to and from the Headquarters of the Tribunal or the place where

the Tribunal is sitting or otherwise exercising its functions.

Maintenance of security and public order

1. If the State Party concerned considers it necessary to take, without

prejudice to the independent and proper working of the Tribunal, measures

necessary for the security or for the maintenance of public order of the State Party

in accordance with international law, it shall approach the Tribunal as rapidly as

circumstances allow in order to determine by mutual agreement the measures

necessary to protect the Tribunal.

2. The Tribunal shall cooperate with the Government of such State Party to

avoid any prejudice to the security or public order of the State Party resulting from

its activities.

Article 24

Cooperation with the authorities of States Parties

The Tribunal shall cooperate at all times with the appropriate authorities of

States Parties to facilitate the execution of their laws and to prevent any abuse in

connection with the privileges, immunities, facilities and prerogatives referred to

in this Agreement.

Article 25

Relationship with special agreements

Insofar as the provisions of this Agreement and the provisions of any special

agreement between the Tribunal and a State Party relate to the same subject matter,

the two provisions shall, whenever possible, be treated as complementary, so that

both provisions shall be applicable and neither provision shall narrow the effect of

the other; but in case of conflict the provision of the special agreement shall

prevail.

Article 26

Settlement of disputes

1. The Tribunal shall make suitable provisions for the settlement of

(a)

disputes arising out of contracts and other disputes of a private

law character to which the Tribunal is a party;

(b) disputes involving any person referred to in this Agreement who

by reason of his official position enjoys immunity, if such immunity has not

been waived.

2. All disputes arising out of the interpretation or application of this

Agreement shall be referred to an arbitral tribunal unless the parties have agreed to

another mode of settlement. If a dispute arises between the Tribunal and a State

Party which is not settled by consultation, negotiation or other agreed mode of

settlement within three months following a request by one of the parties to the

dispute, it shall at the request of either party be referred for final decision to a

panel of three arbitrators: one to be chosen by the Tribunal, one to be chosen by the

State Party and the third, who shall be Chairman of the panel, to be chosen by the

first two arbitrators. If either party has failed to make its appointment of an

arbitrator within two months of the appointment of an arbitrator by the other party,

the Secretary-General of the United Nations shall make such appointment. Should

the first two arbitrators fail to agree upon the appointment of the third arbitrator

within three months following the appointment of the first two arbitrators the third

arbitrator shall be chosen by the Secretary-General of the United Nations upon the

request of the Tribunal or the State Party.

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