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BY JOANN SCHNEEBERGER STATE LAW ADVISER: INTERNATIONAL LAW 30 MAY 2001

PRESENTATION TO THE PARLIAMENTARY COMMITTEES ON THE CONVENTIONS ON PRIVILEGES AND IMMUNITIES OF THE UN, SPECIALISED AGENCIES AND IAEA. BY JOANN SCHNEEBERGER STATE LAW ADVISER: INTERNATIONAL LAW 30 MAY 2001. IMMUNITIES AND PRIVILEGES OF THE ORGANISATIONS.

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BY JOANN SCHNEEBERGER STATE LAW ADVISER: INTERNATIONAL LAW 30 MAY 2001

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  1. PRESENTATION TO THE PARLIAMENTARY COMMITTEES ON THE CONVENTIONS ON PRIVILEGES AND IMMUNITIES OF THE UN, SPECIALISED AGENCIES AND IAEA BY JOANN SCHNEEBERGER STATE LAW ADVISER: INTERNATIONAL LAW 30 MAY 2001 CSLA: IL

  2. IMMUNITIES AND PRIVILEGES OF THE ORGANISATIONS • Legal capacity to contract in South Africa • Property and assets immune from legal process • Property and assets are inviolable • Exemption from direct taxes, customs duties and prohibitions on imports and exports • Freedom of communication including the sending and receiving of communications Without restrictions of any kind the capacity to hold gold or currency of any kind and to transfer it abroad CSLA: IL

  3. IMMUNITIES AND PRIVILEGES OF REPRESENTATIVES OF MEMBER STATES • Immunity from arrest or detention • Immunity from all legal process in respect of all official acts and words spoken or written • Immunity from seizure of their personal baggage • Inviolability of papers and documents • Facilities in respect of currency and exchange regulations that are accorded to diplomats • Other immunities that are accorded to diplomats but no exemption from customs duties or sales tax CSLA: IL

  4. IMMUNITIES AND PRIVILEGES OF REPRESENTATIVES OF MEMBER STATES • Member States have a duty to waive the immunity where this would impede the course of justice • Immunities do not apply to representatives of a Member State in their home States CSLA: IL

  5. IMMUNITIES AND PRIVILEGES OF OFFICIALS OF THE ORGANISATIONS • Immunity from all legal process in respect of all official acts and words spoken or written • Tax exemptions in respect of their salaries • Facilities in respect of currency and exchange regulations that are accorded to diplomats • The same repatriation facilities in a time of crises that are accorded to diplomats • Customs exemption for the importation of household effects on first arrival CSLA: IL

  6. IMMUNITIES AND PRIVILEGES OF OFFICIALS OF THE ORGANISATIONS • The Secretary General and Assistant Secretaries General and their families will be accorded full diplomatic immunities and privileges • The Secretary General has a duty to waive the immunity where this would impede the course of justice The immunities and privileges apply to all officials of the UN, Specialized Agency or IAEA, including South African nationals employed by these organisations CSLA: IL

  7. IMMUNITIES AND PRIVILEGES OF EXPERTS OF THE ORGANISATIONS • Immunity from arrest or detention • Immunity from all legal process in respect of all official acts and words spoken or written • Immunity from seizure of their personal baggage • Inviolability of papers and documents • Freedom to send and receive communications • Facilities in respect of currency and exchange regulations that are accorded to diplomats CSLA: IL

  8. IMMUNITIES AND PRIVILEGES OF EXPERTS OF THE ORGANISATIONS The Secretary General has a duty to waive the immunity where this would impede the course of justice The immunities and privileges apply to all experts of the UN, Specialized Agency or IAEA, including South African nationals employed by these organisations CSLA: IL

  9. GENERAL PROVISIONS UN LAISSEZ PASSER (UNLP) • Recognition as travel document • Expeditious issuing of visas to holders DISPUTE SETTLEMENT Recognition of the compulsory jurisdiction of the International Court of Justice CSLA: IL

  10. RESERVATIONS TO BE ENTERED 1. HOLDING AND SELLING OF GOLD * • “The Government of the Republic of South Africa does not consider itself bound by the provisions of Section 7 of Article III as certain limitations exist in the Republic regarding the holding of and trading in gold” CSLA: IL

  11. RESERVATIONS TO BE ENTERED *EXPLANATORY NOTE: HOLDING AND SELLING OF GOLD • “The buying, selling and holding of gold in the Republic is regulated. In terms of Exchange Control Regulation No. 2 no person other than an Authorised Dealer may buy or borrow any gold from, or sell to any person not being an Authorised Dealer, unless exemption from Exchange Control Regulation 5 has been authorised (Mining Houses and Mining Producers may elect to sell their total gold holdings to the approved counter parties, including foreign counter parties, provided that the Exchange Control Department of the South African Reserve Bank has given the necessary exemption from the aforementioned regulation). CSLA: IL

  12. RESERVATIONS TO BE ENTERED 2. DISPUTE SETTLEMENT: COMPULSORY JURISDICTION OF THE ICJ • “Pending a decision by the Government of the Republic of South Africa on the compulsory jurisdiction of the International Court of Justice, the Government of the Republic does not consider itself bound by the terms of Section 32 of the Convention which provides for the compulsory jurisdiction of the International Court in differences arising out of the interpretation or application of the Convention” CSLA: IL

  13. RESERVATIONS TO BE ENTERED 3. TAXATION OF NATIONALS (IAEA AGREEMENT ONLY) • “The Government of the Republic of South Africa does not undertake to apply the exemption from taxation in respect of salaries and emoluments referred to in section 18(a)(ii) of Article VI of the Agreement in respect of any South African citizen who is ordinarily resident in South Africa” CSLA: IL

  14. SPECIALISED AGENCIES OPERATIONAL IN SOUTH AFRICA • ILO • FAO • ICAO • UNESCO • IMF • IBRD • ITU • WMO • UNIDO • IMO • IFC • IDA • WIPO • IFAD • WHO • UPU CSLA: IL

  15. OBJECTIVES IN RATIFYING THESE CONVENTIONS • Formalise the granting of immunities and privileges to the staff and their organisations • Give effect to South Africa's international obligations, especially in terms of Article 104 and 105 of the United Nations Charter • Bring South Africa in line with the rest of the international community • Reaffirm South Africa's commitment and active participation in the United Nations, the Specialized Agencies and the IAEA • Facilitate the administrative arrangements surrounding WCAR 2001 and WSSD 2002 • Make South Africa a preferred destination for activities of the various organisations • Encourage investment by the organisations in South Africa CSLA: IL

  16. THE END CSLA: IL

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