S.I. No. 339/1980 - International Centre For Settlement of Investment Disputes (Designation and Immunities) Order, 1980.

S.I. No. 339 of 1980.

INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (DESIGNATION AND IMMUNITIES) ORDER, 1980.

WHEREAS it is enacted by section 40 (1) of the Diplomatic Relations and Immunities Act, 1967 (No. 8 of 1967), that the Government may by order designate an international organisation of which the State or the Government is or intends to become a member to be an organisation to which Part VIII of that Act applies:

AND WHEREAS the International Centre for Settlement of Investment Disputes is an organisation such as aforesaid:

NOW, the Government, in exercise of the powers conferred on them by section 40 of the said Diplomatic Relations and Immunities Act, 1967 , hereby order as follows:

1. This Order may be cited as the International Centre for Settlement of Investment Disputes (Designation and Immunities) Order, 1980.

2. The International Centre for Settlement of Investment Disputes is hereby designated as an organisation to which Part VIII of the Diplomatic Relations and Immunities Act, 1967 (No. 8 of 1967), applies.

3. Chapter I, section 6 (a copy of which is set out in the Schedule to this Order) of the Convention on the Settlement of Investment Disputes between States and Nationals of other States done at Washington on the 18th day of March 1965, shall apply for the purposes of sections 42 and 43 of the Diplomatic Relations and Immunities Act, 1967 .

SCHEDULE

Chapter I, Section 6 of the Convention on the Settlement of Investment Disputes between States and Nationals of other States, 18 March, 1965 Status, Immunities and Privileges

Article 18

The Centre shall have full international legal personality. The legal capacity of the Centre shall include the capacity

( a ) to contract;

( b ) to acquire and dispose of movable and immovable property;

( c ) to institute legal proceedings.

Article 19

To enable the Centre to fulfil its functions, it shall enjoy in the territories of each Contracting State the immunities and privileges set forth in this Section.

Article 20

The Centre, its property and assets shall enjoy immunity from all legal process, except when the Centre waives this immunity.

Article 21

The Chairman, the members of the Administrative Council, persons acting as conciliators or arbitrators or members of a Committee appointed pursuant to paragraph (3) of Article 52, and the officers and employees of the Secretariat

( a ) shall enjoy immunity from legal process with respect to acts performed by them in the exercise of their functions, except when the Centre waives this immunity;

( b ) not being local nationals, shall enjoy the same immunities from immigration restrictions, alien registration requirements and national service obligations, the same facilities as regards exchange restrictions and the same treatment in respect of travelling facilities as are accorded by Contracting States to the representatives, officials and employees of comparable rank of other Contracting States.

Article 22

The provisions of Article 21 shall apply to persons appearing in proceedings under this Convention as parties, agents, counsel, advocates, witnesses or experts; provided, however, that sub-paragraph (b) thereof shall apply only in connection with their travel to and from, and their stay at, the place where the proceedings are held.

Article 23

(1) The archives of the Centre shall be inviolable, wherever they may be.

(2) With regard to its official communications, the Centre shall be accorded by each Contracting State treatment not less favourable than that accorded to other international organisations.

Article 24

(1) The Centre, its assets, property and income, and its operations and transactions authorised by this Convention shall be exempt from all taxation and customs duties. The Centre shall also be exempt from liability for the collection or payment of any taxes or customs duties.

(2) Except in the case of local nationals, no tax shall be levied on or in respect of expense allowances paid by the Centre to the Chairman or members of the Administrative Council, or on or in respect of salaries, expense allowances or other emoluments paid by the Centre to officials or employees of the Secretariat.

(3) No tax shall be levied on or in respect of fees or expense allowances received by persons acting as conciliators, or arbitrators, or members of a Committee appointed pursuant to paragraph (3) of Article 52, in proceedings under this Convention, if the sole jurisdictional basis for such tax is the location of the Centre or the place where such proceedings are conducted or the place where such fees or allowances are paid.

GIVEN under the Official Seal of the Government, this 31st day

of October, 1980.

CHARLES J. HAUGHEY,

Taoiseach.

EXPLANATORY NOTE

The effect of this Order is to enable the Convention on the settlement of Investment Disputes between States and Nationals of other States, to be implemented pursuant to the Diplomatic Relations and Immunities Act, 1967 .