No. 63}

Diplomatic Privileges and Consular Conventions

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BELIZE:

STATUTORY INSTRUMENT

No. 63 of 1995

ORDER made by the Minister of Foreign Affairs in exercise ofdtepo wers' conferred upon him by section 2 oft he DiplomaticPrivileges and Consular CoreverdionsA^ Chapter17 of theLaws of Belize, Revised Edition 1980 - 1 .990, =dal!' otherpowers !hereunto him enabling.

(azzetted 3rd June, 1995.)

l+ Thã,^ Order may he cited as the

DIPLOMATIC PRIVILEGES (ORGANISATION OFAMERICAN STATES) ORDER, 1995.

1 In this Order, unless the context otherwise requires -

"archives" comprises the correspondence, man nscripts r booksdocuments, and other library material, photographs, films, soundrecordings, and all audiovisual documents and materials of anynature owned by the Office or in its possession;

"Charter" means the Charter of the Organisation of AmericanS taws;

"the competent authorities" means the authorities of Beli=. inaccordance with its laws;

"fee ' d^,^ril-cs a levy charged for actual or pt )t^u Li al irrdivititialimdp uhl iuser rices furrrishExí to the payer, with the proceeds =larked{ mly !`it ar the service for which Lhe obligation is budgeted. Paymentreceiwd from the user for services not inherent to the State is nota fee:

$bert Tltle.

^^^^^tion.

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^^^^^ Privileges and Consular Conventions

[Not 63

"Govemment" means the Government of Belize;

"General Secretariat" means tl e General Secretariat of theOrganization;

'" hcadquartzrs" includes all the branches and o f rices of the Office:

levy" includes all taxe^ fees, and special assessments and anyother charges and ra^s or Lhe^e or si ln i lar nature provided forin the laws of Belize t howsoever they may be calle-d;

"member states' means the states that are members of Lhe

Organ i72tion;

"rnernbess of the family' includes the dependent relatives byconsanguinity or affinity of the personnel uf the Office and of theGeneral Secretariats whatever their grade} in accordance with thekws of Belize;

"the Office' means the Office E)f the 0eneral Secretanat of theOrganization in Belize;

the Organi,atiorE" means the Organization of American States;

.. personnel of the Office" includes all sta.tf members o f the Officeof any level and =lc, including administrative and send.=personnel;

"personnel of the amend Secretariat' includes all tl e staffmembers of the General Secretariat of whatever level and rank,including Lhe administrative and service person.nel, regardless ofnationality and country or place in which they are workings staffmembers of any level and rank of the specialized organizations ofthe Organization, and the technicians, experts, and consItints of

the Organization or of the centers or entities that are agencies ofi#*

"property" includes real property; f t } vehicles and means oftransportation, working equipment and materials, rights of anynature, funds in any currency, gold and foreign exchange, assets,

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Diplomatic Privileges emu' Consular Conventions

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income and donations, operations and other resources, and, in^eneral* anything that may constitute the property of a natural orjuridical person;

"The Secretary General" means the Secretary General of theOrganization;

"shipments" rnean5 the ^^ipment z ^oodsand me rchandise shippedabroad by any means and intended for the Organization, theGeneral Secmtariat4 or the Orrice;

social security contribution' describes the levy paid by employersand workers who are members of the groups 1;enet-tted and isintended to finance the welfare service;

"tax n means a levy charged due to a situation independent of anyState activity related to the payer;

3. The Organization ofAmerican States is an organization ofwhich the Government of Belize and the government of foreignsovereign powers are members.

4# The Organization, the General Secretariat and the Office

Lisai s tal„v_

AA have in Belize:

(1) Full legal status and personality and, consequently,Me capacity to acquire rights and undertake obligationsand, ir, particular, to contract for, dispose of, or encumberfor any cause, furniture and real estate and rights; toinstitute legal and administrative pmceed ings and, ingeneral, ta execute all legal acts or business inherent in theperformance of their duties.

(2) Independence and freedom of action appropriate tointernational organizations, in accordance with interna-tional custom and the customs of the place, withoutprejudice u) the other provisions of this Order.

4

Imnnusáty from1orisclittina.

inrriop iahil ill.

Monetary andForeignExrimmgeRes1^^

^iplomatic Privileges and Consular Conventions

[No. 63_ _

5. The Office, the General Secretariat, and the Organization,and also its property, premises+ filcs., and shipments sha,ll enjoyimmunity in Belize against judicial and administrative procedure,being immune from search, seizure x or any other MeZSLlre ofexecution, extmpt in particular eases in which that immunity isexpressly waived by the Di= tor of the Officc : duly authorized todo so by the Secretary General. ellle effects of the waiver shall notex tend to measures of execut.i on. affecting the property, premises,files and shipments of the Office} the General Secretariat, or theOrgartization * which shall require arletkler, exprcss waiver.

6. The premises, property, files, correspondence, and ship-ments of the Office+ the General StTre Lariat, and the Organizationshall he inviolable within Belize, wherever located and by whom-soever held; and they sh.all be immune from search, requisition xinspection, ccnsureT registration, seizureT and from any other formof interference, whether of an execntive * administrative, judicial,or (egislatïrrenature. The cc risen t^f the Director of the Office shallbe required for agents of the State to be permitted to enter theheaclquat-tus of the Office.

7,-41) The Office, the General Secretariat and the Organiza-tion may, without the restriction of financial decrees, regulatioms,or moratoria.of any kind;

(a) Hold funds, gold or currency of any kind andoperate accounts in any currency;

(b) Transfer their funds, gold or currency of any kindwithin or outside of Belize; and

(c) Convert any currency held by thern into any othercurrency.

(2) In the exercise of these privileges, the Genera].Secretariat shall give due attention to any Objection madeby the Government to the extent that it considers that suchan objection may te taken into account without detrimentto the interest of the Office, the General Secretariat, and theOrganization.

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Diplomatic Privikges and Consular Conventions

8. The Ortl.ce} the General Secretariat, and the Organization

Tam.

shall have the fi)llo wing tax privilegai;

( l) Total ex em ['Lion from payment and transferof chargeswith rusptxt tr ) national or municipal =es involving thefollowing taxable events:

(a) The importation into Belize of merchandise forLhe i r use or ennsumpti(m or ror that of proje;ts ofcc); $peration for development that they execute inwhole or in pat in Belize, or in whow ex=utionthey ^artï^^ paw..

The exportation from Belize for tleir use orcnnsu m pti ort or for that nf pro jects o f cooperationfor development that they execute in whole or inpart in Belize or in whose execution they partici-pate.

(c) The buying, selling, orconducting of o ther equiva-lent operations with respect to merchandise fortheir use or consumption, or that have been in useor consumption for projects of cooperation fordevelopment that they execute in whole or in partin Belize * or in whose execution they panicipate.

(d)The rendering and rcceiving services of any class,including national and international air, sea, andland passages.

(e)The holding, purchasing, or use or real property

and holding,, NgisterIng and driving of vehicles ofany kind fur the exe^ut.inn of their activities or

those of projixts of cooperation for developmentthat they execute in Belize, or in whnw; executionthe), partieipate i*

(f) TM obtainment of income, rents, contributions,funds, donations, and loans for the purposes setforth in the Chanc:r.

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► eandDeclarations.

congewdeithm.

(g) The implementation of all kinds of agreements,conventions, acts, contracts, documents, actions,petitions, and briefs with any type of persons orbefore any natioeal or foreign authorities.

(2) Regarding fees:

(a) Franking privileges for local telegraph serviceand postal service for correspondence, includingprinted matter and parcels ? in accordance withArticle 142 of the Charter of the Organization,

(b) Same rates as applied to the Government forwater} light3 telephone, telex, cab tea telegram, andmaïl services,

(3) Total exemption from improvement, social securiVor any other type of special assessments. The personnel ofthe 0 ffice and of theGeneral Secretaria shall be protectedunder the employment systems and social welfare regula-tions of the Organization and the General Secretaria shallnot be required to affiliate its personnel with the nationalsocial security and welfare systems. Notwithstanding, thegeneral Secretariat may make arrangements with nationalsocial security and welfare institutions for its personnel,when it deems this advisable.

9. The Office + the General Secretariat and the Organizationshall be exempt from having to withhold or collect any levy and/or present declarations or returns in this respect

10.The Office, the General Secretariat,. and the Organizationshall have the benefit of the following for its national andirtitert ational official communications in Belize:

(a) Facilities no less favourable that those granted bythe Government to any international organizationwith respect to priorities, tariffs, and rams on

No. 63]

^^^^ ^^^s aid. Consular Convendons

cables, telegrarrrs F ra.d'Logratt7s, telexes, telephone,telephotns* and othes communications.

(h) Therïght to we codes or keys and to send and=ive tl etr correspondence by courier or insealed pouches* enjoying for this purpose thesame privileges and immrani Lies as those grantedfor diplomatic mail couriers, or pouches.

(4 The right to be. free of a^l restrictions in theircorrespondence or other official communica-tions.

11. "Official Travel Document" issued by the General Secre-

Trailed

rariat shall be recognized by the Government as a valid and

dopmr,eni.

sufficient document for national and. international travel of thestaff members or other persons on official travel on behalf of theOffice, the General Secretariat, or the Organization within oroutside of Belize. This document requires no visa for its holder toenter the country and remain there until the conclusion of hismission or service in the cou ray. Family members of the holderof the "Officialcial Travel D ocumcnt" not included therein shall begiven official visas in their national passport to permit ttueru to enterthe country and to remain therein. These visas shall be issuedwithout delay, for no fixed time, and shall not require the presence0f the family members in the dip] omntic ere onstllarm issinn of thecountry, or payment of any fee. The same provision shall apply toofficers, personnel or contractors of the General Secretariat or ofthe; Organization, and to members of their families, who, becauseof the short duration of the official mission, do not have the"Official Travel Document" and must enter the country withpassports issued by their countries of origin. The Governmentshall take the appropriate measures for these cases+

12. Officers, staff members or contractors of the Office, the Farim

General Secre.tatiat, or the Organization taking nadenal or inter-national trips on official mission, and also OAS fellowshipstudents and individuals invited by the Organization to particip^

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Diplomatic Privileges and Consular Conventions

fNa.

in contests or special events, shall not be required to pay entry andembarkation taxes at pons and a.i.rport& The-se provisions alsoapply to family members of the staff and of the fellowship stude.ntsof the Organization.

13. The Government shall accept as valid in Belli= allinsurance contracted by the General Secretariat or the self-insurance plans established by the General Secretaria.t 4 in connec-tion with persons, ,shipments, vehicles, and other assets of theOrganization, even though said insurance is contracted within5urance companies located in other Member countries.

B. ^^^nnd .

Co-tise-ra.L.

14. Staff mem bersof the Office and of the General Secretariat:

( I) Shall have the status of in ternatioaal officers servingan international organization r in accordance with Articles1 23 and 1 24 of the Charter. and shall be selected, con-tracted and appointed by the Secretary General, in accor-dance with the provisions of Articles 118 and 125 of theCharter.

(2) In their position as officers of an international orga-nization:

(a) They shall enjoy immunity from personal arrest,detention, administrative and judicial proceed-ings in connection with the official acts and deedstha they execute and in respect of words spokenor writer' by trem in the performance of theirduties and even after these have concluded, with-out prejudice to the Secretary General's poWer towaive that immunity in cases in which he consid-ers this necessary.

(b) They shall be exempt from taxes of all kinds ontheir salaries, benefits, and other remunerations

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Diplomatic Privileges and Consukrr Conventions 9

received from the Office and from the GeneralSecretariat, including their retirement pensionsand indemnities and other payments for retire-ment or separation.

(c) They shall be provided with an official identifica-tion document issued by the foreign ministry ofBelize.

15. Staff members of the Office, the General Secretariat, and

Foreign SLUT

the Organization, and members of their families, not nationals of

Members.

Bertize* shall, ir, additi.on , enjoy the following privileges andimmunities:

(1) Inviolability of their baggage. personal effecr,s* pa-pers and documents.

(2) Exemption from compulsory national service.

(3) The same rep atriation facilities as those accorded todiplomatic agents in times of internatiortal crisis.

(4) The usual facilities and courtesies compatible withthe laws on nationality and immigration in force on Belize;and freedom to enter, leave, and travel in Belize with noother requirement or document than the " Official TravelDocument" issued by the Organization.

(5) Full exemption from the following taxes:

(a) On importation or introduction into the country ofbaggage, furniture, household effects and equip-ment, and merchandise and articles fo r family useor consumption upon their entry into the countryas part of the family 's residence therein.

0) On the importation or introduction into the coun-try of baggage, furniture, household effects and

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equipment, vehicie3, and merchandise and ar-ticles for personal or family use or consumptionduring the period of official stay in and up to threemonths after final departure from the ceunuy rsubject to the following niles:

(0 Baggage, furniture, household effects aridequipment, merchandise and articles shall beinspected by customs, resulting dudes as-

sessedr and exemptions declared, which shallnot exceed the annual quota and maximumlimits assigned per shipment, in accordancewith the regulations in force. These iimi ta-ti msmay not be smaller than those allocatedto diplomatic agents. For this purporz, theannual quota assigned to the Dit-ector of theOffice shall be the same as that assigned tochiefs of mission, and other staff membersshall be allowed the same quota as that as-signed to first secretaries, rrill tary, naval * andair attaches, and high-ranking civilians.

Vehicles shall be restricted to c ne automobileor to some other vehicle for personal use foreach member of the staff.

(e) On export of baggage, furniture r personal effects,household equipment, merchandise, articles, andvehicles for personal or family use, owned by amember of the staff, at the dose of his mission orservice and up to six months after his finaldeparrure from tlie country.

(d) On transfer of his automobile or other vehicle forpersonal use, under the terms and conditionsestablished by legislation in force. Notwithstand-ing, the transfer shall be exempt from such terms

and conditions with respect t.0 automobiles orother vehicles for personal use that:

Not ^^

^^^^^ ^^^^ mid Consular Conveldions

(i) Belonged to staff members who died whilecarrying out their mission or service.

(^) Occurred because of the official transfer ofthe staff member to another country, orcuutt-u-y mpatriation # if he has served in Belize forone year or more.

16. When they visit the country on official mission, the

CUSttental-y

Secretary General and the Assistant Secretary General of the

Ca"` tesSe&

Org anizatiort, the Executive Secretaries. Assistant Secretaries.,and other high officials of the General Secretariat of the Organi-zation shall enjoy the facilities ap propriaW to their position andstation, in accordance with international custom.

17. Fellowship students designated by the Organization toreceive training or do research in the country or abroad shall havethe following benefits:

(1) Exemption from any levys on the living allowancereceived from the Organization, including taxes, fees, or^^^ssmenM or any other contributions, charges or rates}howsoever they may be cailedi*

(2) For foreign fellowship swdentsx their spouses anddependents, exemption from any obligation to register asaliens.

(3) Official visas, free of charge, in the passports offoreign fellowship students and in those of their spousesand dependents for the period ofduration of the fellowshipin the country.

The Director of the Office, orr whosoever replaces him,shall send to the Foreign Minisu-y of Belize a list of the personof the mice and of the General Secretariat working in Belize,eligible for the privileges according to this errand such list shall

show in regard to each person, the date as from which for the

FellowshipStudents atiltOtganãadna

;Aacrrditatlou.

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purposes of this Order* he first held the Office or employment inquestion and Ole date v!hen he ceased w hold that ice oremployment

C. Geral Feairurs

1 9* The privileges and immunities in this Order are granted tothe personnd of the Office and of the General Secretariat in theinterest only of the General Secretariat and of the Organ1 Tat1 on.The Secretary General or the Director, by delegation, shall waivethe privileges and immunities of any staff member in any casewhere, in the judgment of the Secretary General a the exerdsethereof would impede the course of justice, and when such waivercan be made without prejudice to the interests of the Office and ofthe General Secre tariat:

20. The Office, the General Secretariat and the Organization,and also their staff members, may avail themselves of the mostfavorable provisions now in force or that may be issued or agreedupon in the future by Belize regarding immunities, privileges, orprero gatives} for other international organizations or technicalcooperation missions, and for the personnel of these organizationsor missior &

MADE by the Minister of Foreign Affairs this 29th day ofMay, 1995.

(DEAI'4*T O. BARROW)Múister of Foreign Mbirs

Neibzrs of Lb*Privileges andImormsoilks.

Most ra +rorabk

^^

^^^ in ^^^^ by ^e Government Pri;uer