Diplomatic and Consular Relations (World Meteorological Organization) Order 2018

No. S 551

Diplomatic and Consular Relations Act

(CHAPTER 82A)

Diplomatic and Consular Relations
(World Meteorological Organization)
Order 2018

In exercise of the powers conferred by section 6(3) of the Diplomatic and Consular Relations Act, the Minister for Foreign Affairs makes the following Order:

Citation and commencement

1.  This Order is the Diplomatic and Consular Relations (World Meteorological Organization) Order 2018 and comes into operation on 6 September 2018.

Definitions

2.  In this Order, unless the context otherwise requires —

“Agreement” means the Agreement between the Government and the World Meteorological Organization (WMO) on the Legal Status and the Functioning of the WMO Regional Office for Asia and the South‑West Pacific in the Republic of Singapore dated 21 August 2017, and includes —

(a) the Protocol of Execution of that Agreement dated 21 August 2017; and

(b) the 2 Side Letters dated 21 August 2017 exchanged between the Government and the WMO in relation to that Agreement;

“Director”, in relation to the Regional Office, means the Director or Head of the Regional Office appointed by the Secretary‑General;

“Member” means a member of the WMO, as defined in the Convention of the World Meteorological Organization;

“officer”, in relation to the WMO, means an individual (called an official in the Agreement) —

(a) who is hired by the WMO within the meaning of Article 21 of the Convention of the World Meteorological Organization; and

(b) whose employment by, and contractual relationship with, the WMO are defined by a letter of appointment;

“Regional Office” means the Regional Office of the WMO for Asia and the South‑West Pacific;

“Secretary‑General” means the Secretary‑General of the WMO;

“WMO” means the World Meteorological Organization;

“WMO Order” means the International Organisations (Immunities and Privileges) (World Meteorological Organization) Order 2018 (G.N. No. S 552/2018).

Additional immunities and privileges of WMO

3.  In addition to the immunities and privileges under the WMO Order, the WMO (including its Regional Office) enjoys the following immunities and privileges:

(a) inviolability of all the documents of the WMO;

(b) free communication for all official purposes, including the right to use codes;

(c) the right to send and receive correspondence by a courier or in a sealed bag, being a courier or bag of the same status as a diplomatic courier or diplomatic bag under Article 27 of the Vienna Convention on Diplomatic Relations.

Immunities and privileges of representatives, etc., of member of WMO

4.—(1)  Each of the following persons, in the exercise of that person’s functions, and during that person’s journeys to and from the place of a meeting organised by the WMO in relation to any activity of the Regional Office, enjoys the immunities and privileges set out in sub‑paragraph (2) while in Singapore for such a meeting:

(a) a representative, or an alternative representative, of a Member;

(b) an adviser, or a technical adviser, to a Member;

(c) the secretary to a delegation from a Member.

(2)  The immunities and privileges mentioned in sub-paragraph (1) are as follows:

(a) immunity from legal process in respect of any words spoken or written, and any act performed, in Singapore in the person’s official capacity as a representative or an alternative representative of, an adviser or a technical adviser to, or the secretary to a delegation from, a Member;

(b) immunity from arrest and detention;

(c) inviolability of all official documents held by the person;

(d) the right to use codes and to receive correspondence by courier or in a sealed bag;

(e) the like exemption from inspection of personal baggage that is accorded to a diplomatic agent under paragraph 2 of Article 36 of the Vienna Convention on Diplomatic Relations;

(f) immunity from seizure of personal baggage.

(3)  To avoid doubt, a person accorded the immunity mentioned in sub‑paragraph (2)(a) in respect of any words or act described in that provision continues to be accorded such immunity even after the person ceases to be a representative or an alternative representative of, an adviser or a technical adviser to, or the secretary to a delegation from, a Member.

Additional immunities and privileges of Director of Regional Office

5.  In addition to the immunities and privileges under the WMO Order, the Director of the Regional Office enjoys the like immunities and privileges that are accorded under Articles 29 to 33, 35, 36(2) and 39 of the Vienna Convention on Diplomatic Relations to a diplomatic agent.

Additional privileges of officers of Regional Office

6.  In addition to the immunities and privileges under the WMO Order, an officer of the Regional Office (including the Director) enjoys the following privileges:

(a) exemption from import and excise duties on used personal and household effects (excluding any tobacco, liquor or motor vehicle) imported to Singapore, or shipped to Singapore as unaccompanied baggage, within the first 6 months after the officer takes up the officer’s assignment in Singapore;

(b) exemption from goods and services tax on used personal and household effects (excluding any tobacco, liquor or motor vehicle) imported to Singapore within the first 6 months after the officer takes up the officer’s assignment in Singapore;

(c) the like exemption from military obligations that is accorded to a diplomatic agent under Article 35 of the Vienna Convention on Diplomatic Relations.

Waiver of immunity

7.  The WMO may waive any immunity in paragraph 5 or 6 in any case where the WMO is of the opinion that —

(a) the immunity will impede the course of justice; and

(b) the immunity can be waived without prejudice to the interests of the WMO.

Immunities and privileges do not apply to citizen or permanent resident of Singapore

8.  Paragraphs 4, 5 and 6 do not apply to any citizen or permanent resident of Singapore.

Made on 5 September 2018.

CHEE WEE KIONG

Permanent Secretary,
Ministry of Foreign Affairs,
Singapore.

[MFA C800-565/01/06 Vol. 7; AG/LEGIS/SL/82A/2015/3 Vol. 1]

(To be presented to Parliament under section 6(4) of the Diplomatic and Consular Relations Act).