APPLICATION OF PART III OF THE DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT (INTERNATIONAL TRIBUNAL FOR

APPLICATION OF PART III OF THE

DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

(INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA)

SUBSIDIARY LEGISLATION 191.06

APPLICATION OF PART III OF THE DIPLOMATIC

IMMUNITIES AND PRIVILEGES ACT

(INTERNATIONAL TRIBUNAL FOR

THE LAW OF THE SEA) ORDER

26th February, 2013

LEGAL NOTICE 80 of 2013.

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

Diplomatic Immunities and Privileges Act (International Tribunal for

the Law of the Sea) Order.

The International Tribunal for the Law of the Sea shall

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

Schedule to the Diplomatic Immunities and Privileges Act, and

shall have the legal capacities of a juridical person.

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

(being Articles of the Agreement on the Privileges and Immunities

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

1997) shall have the same force of law in Malta and shall for the

purpose be construed in accordance with the following provisions

of this article.

(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.

APPLICATION OF PART III OF THE

DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

(INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA)

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 Sea;

(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.

Article 3

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

APPLICATION OF PART III OF THE

DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

(INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA)

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

APPLICATION OF PART III OF THE

DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

(INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA)

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.

Article 10

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.

APPLICATION OF PART III OF THE

DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

(INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA)

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.

Article 14

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

APPLICATION OF PART III OF THE

DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

(INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA)

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

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;

APPLICATION OF PART III OF THE

DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

(INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA)

(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.

Article 16

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

APPLICATION OF PART III OF THE

DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

(INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA)

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.

Article 20

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.

APPLICATION OF PART III OF THE

DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

(INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA)

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.

Article 23

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

APPLICATION OF PART III OF THE

DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

(INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA)

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.