S.I. No. 144/1992 - Convention on Assistance in The Case of a Nuclear Accident Or Radiological Emergency (Privileges and Immunities) Order, 1992.

S.I. No. 144 of 1992.

CONVENTION ON ASSISTANCE IN THE CASE OF A NUCLEAR ACCIDENT OR RADIOLOGICAL EMERGENCY (PRIVILEGES AND IMMUNITIES) ORDER, 1992.

WHEREAS it is enacted by section 42A (inserted by section 1 of the Diplomatic Relations and Immunities (Amendment) Act, 1976 (No. 2 of 1976)) of the Diplomatic Relations and Immunities Act, 1967 (No. 8 of 1967), that the Government may by order make provision to enable—

( a ) international organisations, communities or bodies, their institutions or organs and their property, and

( b ) persons,

to have and enjoy in the State any inviolability, exemptions, facilities, immunities, privileges or rights provided for in relation to them by an international agreement to which the State or the Government is or intends to become a party:

AND WHEREAS the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency done at Vienna on the 26th day of September, 1986, is such an agreement:

NOW, the Government, in exercise of the powers conferred on them by the said 42A, hereby order as follows:

1. This Order may be cited as the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (Privileges and Immunities) Order, 1992.

2. Article 8 (the text of which in the English language is set out in the Schedule hereto) of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency done at Vienna on the 26th day of September, 1986, shall apply for the purposes of section 42A (inserted by section 1 of the Diplomatic Relations and Immunities (Amendment) Act, 1976 (No. 2 of 1976)) of the Diplomatic Relations and Immunities Act, 1967 (No. 8 of 1967).

SCHEDULE

CONVENTION ON ASSISTANCE IN THE CASE OF A NUCLEAR ACCIDENT OR RADIOLOGICAL EMERGENCY.

ARTICLE 8

PRIVILEGES, IMMUNITIES AND FACILITIES

1. The requesting State shall afford to personnel of the assisting party and personnel acting on its behalf the necessary privileges, immunities and facilities for the performance of their assistance functions.

2. The requesting State shall afford the following privileges and immunities to personnel of the assisting party or personnel acting on its behalf who have been duly notified to and accepted by the requesting State:

( a ) immunity from arrest, detention and legal process, including criminal, civil and administrative jurisdiction, of the requesting State, in respect of acts or omissions in the performance of their duties; and

( b ) exemption from taxation, duties or other charges, except those which are normally incorporated in the price of goods or paid for services rendered, in respect of the performance of their assistance functions.

3. The requesting State shall:

( a ) afford the assisting party exemption from taxation, duties or other charges on the equipment and property brought into the territory of the requesting State by the assisting party for the purpose of the assistance; and

( b ) provide immunity from seizure, attachment or requisition of such equipment and property.

4. The requesting State shall ensure the return of such equipment and property. If requested by the assisting party, the requesting State shall arrange, to the extent it is able to do so, for the necessary decontamination of recoverable equipment involved in the assistance before its return.

5. The requesting State shall facilitate the entry into, stay in and departure from its national territory of personnel notified pursuant to paragraph 2 and of equipment and property involved in the assistance,

6. Nothing in this article shall require the requesting State to provide its nationals or permanent residents with the privileges and immunities provided for in the foregoing paragraphs.

7. Without prejudice to the privileges and immunities, all beneficiaries enjoying such privileges and immunities under this article have a duty to respect the laws and regulations of the requesting State. They shall also have the duty not to interfere in the domestic affairs of the requesting State.

8. Nothing in this article shall prejudice rights and obligations with respect to privileges and immunities afforded pursuant to other international agreements or the rules of customary international law.

9. When signing, ratifying, accepting, approving or acceding to this Convention, a State may declare that it does not consider itself bound in whole or in part by paragraphs 2 and 3.

10. A State Party which has made a declaration in accordance with paragraph 9 may at any time withdraw it by notification to the depository.

GIVEN under the Official Seal of the Government, this 4th day of February, 1992.

CHARLES J. HAUGHEY,

Taoiseach.

EXPLANATORY NOTE.

This Order is made by the power conferred on the Government by Section 42A of the Diplomatic Relations and Immunities Acts, 1967 and 1976. It enables the Government to afford immunity from legal action and exemption from taxes to foreign rescue workers as required under Article 8 of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency to which the State is a party.