257 tal-2014 - Ordni tal-2014 dwar l-Applikazzjoni tat-Taqsima III tal-Att dwar l-Immunitajiet u l-Privileġġi Diplomatiċi (Mekkaniżmu Ewropew ta’ Stabbilità)

L.N. 257 of 2014

DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

(CAP. 191)

Application of Part III of the Diplomatic Immunities and Privileges

Act (European Stability Mechanism) Order, 2014

BY VIRTUE of the powers granted by article 5 of the

Diplomatic Immunities and Privileges Act, the Minister for Foreign

Affairs has made the following order

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

Diplomatic Immunities and Privileges Act (European Stability

Mechanism) Order, 2014.

(Articles of the Treaty Establishing

the European Stability Mechanism)

ARTICLE 32

Legal status, privileges and immunities

1. To enable the European Stability Mechanism to fulfil its

purpose, the legal status and the privileges and immunities

set out in this paragraph shall be accorded to the ESM in

the territory of each ESM Member. The ESM shall

endeavour to obtain recognition of its legal status and of its

privileges and immunities in other territories in which it

performs functions or holds assets.

2. The ESM shall have full legal personality; it shall have full

legal capacity to

(a)

acquire and dispose of movable and immovable

property;

(b)

contract;

(c)

be a party to legal proceedings; and

(d)

enter into a headquarter agreement and/or

protocols as necessary for ensuring that its legal

status and its privileges and immunities are

recognised and enforced.

3. The ESM, its property, funding and assets, wherever

located and by whomsoever held, shall enjoy immunity

from every form of judicial process except to the extent

that the ESM expressly waives its immunity for the

purpose of any proceedings or by the terms of any contract,

including the documentation of the funding instruments.

In this Order unless the context otherwise requires

"European Stability Mechanism" and "Treaty" shall have

the same meaning assigned to them under the Participation and

Granting of Financial Stability Support under the European

Stability Act.

(1)

The European Stability Mechanism shall enjoy the

immunities and privileges set out in Part I of the Second Schedule to

the Diplomatic Immunities and Privileges Act to the extent provided

in the Treaty and in the Schedule to this Order and shall have the legal

capacities of a juridical person.

(2) The Chairperson of the Board of Governors, Governors,

alternate Governors, Directors, alternate Directors, the Managing

Director and other staff members of the European Stability

Mechanism shall enjoy the immunities and privileges set out in the

Schedule to this Order.

The property, funding and assets of the ESM shall,

wherever located and by whomsoever held, be immune

from search, requisition, confiscation, expropriation or any

other form of seizure, taking or foreclosure by executive,

judicial, administrative or legislative action.

The archives of the ESM and all documents belonging to

the ESM or held by it, shall be inviolable.

The premises of the ESM shall be inviolable.

The official communications of the ESM shall be accorded

by each ESM Member and by each state which has

recognised the legal status and the privileges and

immunities of the ESM, the same treatment as it accords to

the official communications of an ESM Member.

To the extent necessary to carry out the activities provided

for in this Treaty, all property, funding and assets of the

ESM shall be free from restrictions, regulations, controls

and moratoria of any nature.

The ESM shall be exempted from any requirement to be

authorised or licensed as a credit institution, investment

services provider or other authorised licensed or regulated

entity under the laws of each ESM Member.

ARTICLE 35

Immunities of Persons

1. In the interest of the ESM, the Chairperson of the Board of

Governors, Governors, alternate Governors, Directors,

alternate Directors, as well as the Managing Director and

other staff members shall be immune from legal

proceedings with respect to acts performed by them in their

official capacity and shall enjoy inviolability in respect of

their official papers and documents.

2. The Board of Governors may waive to such extent and

upon such conditions as it determines any of the

immunities conferred under this Article in respect of the

Chairperson of the Board of Governors, a Governor, an

alternate Governor, a Director, and alternate Director or the

Managing Director.

3. The Managing Director may waive any such immunity in

respect of any member of the staff of the ESM other than

himself or herself.

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