INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ACT 1992

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 485 INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ACT 1992 As at 1 December 2011 2 INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ACT 1992 Date of Royal Assent ... ... … 30 January 1992 Date of publication in the Gazette … … 20 February 1992 Latest amendment made by Act A1405 which came into operation on … … … 16 September 2011 … PREVIOUS REPRINTS First Reprint ... ... ... 2001 Second Reprint ... ... ... 2006 3 LAWS OF MALAYSIA Act 485 INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ACT 1992 ARRANGEMENT OF SECTIONS Section 1. Short title 1A. Application of the Convention on the Privileges and Immunities of the United Nations 1B. Application of the Convention on the Privileges and Immunities of the Specialized Agencies 2. Interpretation 3. International organizations and overseas organizations 4. Privileges and immunities of certain international organizations and persons 5. Privileges and immunities of representatives attending certain international conferences or engaged on missions in Malaysia 6. Privileges and immunities of judges and officials of, and persons engaged in business before, the International Court of Justice 6A. Privileges and immunities of the United Nations 6B. Privileges and immunities of the Specialized Agencies 7. Certificates by Minister 8. Withdrawal of privileges and immunities of representatives of countries not according to reciprocal treatment 8A. Proper use of privileges and immunities 9. Protection of names, etc., of international organizations 10. Authority to hold land in the Federation 11. Regulations 12. Repeal and amendment FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 4 Laws of Malaysia FOURTH SCHEDULE FIFTH SCHEDULE SIXTH SCHEDULE SEVENTH SCHEDULE EIGHTH SCHEDULE ACT 485 5 LAWS OF MALAYSIA Act 485 INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ACT 1992 An Act relating to the privileges and immunities of certain international organizations and of persons connected therewith, and for other purposes. [16 March 1992, P.U. (B) 108/1992] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: Short title 1. This Act may be cited as the International Organizations (Privileges and Immunities) Act 1992. Application of the Convention on the Privileges and Immunities of the United Nations 1A. The Articles set out in the Seventh Schedule (being Articles of the Convention on the Privileges and Immunities of the United Nations) shall have the force of law in Malaysia. Application of the Convention on the Privileges and Immunities of the Specialized Agencies 1B. (1) The Articles set out in the Eighth Schedule (being Articles of the Convention on the Privileges and Immunities of the Specialized Agencies) shall have the force of law in Malaysia. 6 Laws of Malaysia ACT 485 (2) Paragraph 1(ii)(j) of Article I to the Convention shall be construed as referring to an agency in relationship with the United Nations in accordance with Articles 57 and 63 of the Charter and of which Malaysia is a member. Interpretation 2. (1) In this Act, unless the context otherwise requires— “association” means an association or other body or group of persons, whether incorporated or not; “diplomatic agent” has the same meaning assigned to it by the Diplomatic Privileges (Vienna Convention) Act 1966 [Act 636]; “high officer” means a person who holds, or is performing the duties of, an office prescribed by regulations to be a high office in an international organization; “international conference” means a conference that is attended by a person representing Malaysia and— (a) a person representing a country other than Malaysia; or (b) a person representing an international organization or an overseas organization, whether or not it is also attended by another person or other persons; “international organization” means an organization that is declared by regulations made under subsection 3(1) to be an international organization, and includes— (a) an organ of, or office within, an organization that is so declared; (b) a commission, council or other body established by such an organization or organ; and (c) a committee, or sub-committee of a committee, of such an organization, organ, commission, council or body; International Organizations (Privileges and Immunities) 7 “Minister” means the Minister charged with the responsibility for foreign affairs; “overseas organization” means an organization that is declared by regulations made under subsection 3(2) to be an overseas organization, and includes— (a) an organ of, or office within, an organization that is so declared; (b) a commission, council or other body established by such an organization or organ; and (c) a committee, or sub-committee of a committee, of such an organization, organ, commission, council or body; “regulation” means regulation made under this Act; “United Nations” means the organization set up by the Charter of the United Nations signed in San Francisco on 26 June 1945. (2) For the purposes of this Act, a person who is, or has been during any period, a member of an organ of an international organization but is not, or has not been during that period, accredited to that organ as a representative of— (a) a country; (b) an international organization; or (c) an overseas organization, shall be deemed to be, or to have been during that period, as the case may be, so accredited as a representative of the country of which he is a national. (3) For the purposes of this Act— (a) an alternate or deputy of, or substitute for, a representative of a country of an international organization or of an overseas organization; and 8 Laws of Malaysia ACT 485 (b) an adviser to, or expert assisting, such a representative, shall each be deemed to be a member of the official staff of the representative. (4) References in this Act to countries shall be read as including references to the government of countries. International organizations and overseas organizations 3. (1) The Minister may by regulations declare an organization— (a) of which Malaysia and a country or countries other than Malaysia are members; (b) that is constituted by a person or persons representing Malaysia and a person or persons representing a country or countries other than Malaysia; or (c) which has an office in Malaysia and which, in the opinion of the Minister, performs functions that would be beneficial to Malaysia, to be an international organization. (1A) The provisions of paragraph (1)(c) shall not apply to— (a) any organization which is incorporated or established under any laws in Malaysia; and (b) any organization incorporated or established for a commercial purpose. (2) Subject to subsection (3), the Minister may by regulations declare— (a) an organization the members of which are overseas countries in a particular geographical region; (b) an organization that is constituted by persons representing overseas countries in a particular geographical region; or International Organizations (Privileges and Immunities) 9 (c) an organization established, or a group of organizations constituted, by— (i) organizations the members of which are overseas countries in a particular geographical region; or (ii) (ii) organizations that are constituted by persons representing overseas countries in a particular geographical region, to be an overseas organization. (3) Notwithstanding subsection (2), an organization shall not be declared to be an overseas organization if— (a) Malaysia is a member of the organization; or (b) the organization is constituted by a person or persons representing Malaysia and a person or persons representing a country or countries other than Malaysia. Privileges and immunities of certain international organizations and persons 4. (1) Subject to this section, and to subsections 11(3), 11(4) and 11(5), the Minister may by regulations either with or without restrictions or to the extent or subject to the conditions prescribed in such regulations— (a) confer upon an international organization— (i) juridical personality and such legal capacities as are necessary for the exercise of the powers and the performance of the functions of the organization; and (ii) (ii) all or any of the privileges and immunities specified in the First Schedule; 10 Laws of Malaysia ACT 485 (b) confer— (i) upon a person who is, or is performing the duties of, a high officer all or any of the privileges and immunities specified in Part I of the Second Schedule; and (ii) (ii) upon a person who has ceased to be, or perform the duties of, a high officer the immunities specified in Part II of the Second Schedule; (c) confer— (i) upon a person who is accredited to, or is in (i) attendance at an international conference convened by, an international organization as a representative of— (A) a country other than Malaysia; (B) another international organization; or (C) an overseas organization, all or any of the privileges and immunities specified in Part I of the Third Schedule; (ii) upon a person who has ceased to be accredited to (ii) such an organization, or has attended such a conference, as such a representative the immunities specified in Part II of the Third Schedule; (d) confer— (i) (i) upon a person (not being a high officer) who holds an office in an international organization all or any of the privileges and immunities specified in Part I of the Fourth Schedule; and International Organizations (Privileges and Immunities) 11 (ii) upon a person who has ceased to hold such an (ii) office the immunities specified in Part II of the Fourth Schedule; and (e) confer— (i) upon a person who is serving on a committee, or is (i) participating in the work, of an international organization or is performing, whether alone or jointly with other persons, a mission on behalf of such an organization all or any of the privileges and immunities specified in Part I of the Fifth Schedule; and (ii) upon a person who has served on such a (ii) committee or participated in such work or has performed such a mission the immunities specified in Part II of the Fifth Schedule. (2) The Minister may make regulations for the purpose of this section which may be of general application or may relate to— (a) particular international organizations; (b) particular officers or classes of officers; (c) particular conferences, committees or missions or classes of conferences, committees or missions; or (d) representatives of particular countries or of particular international organizations or of particular overseas organizations. (3) Where by the regulations any privileges or immunities are conferred upon a person who is accredited to, or is in attendance at an international conference convened by, an international organization as a representative of— (a) a country other than Malaysia; (b) another international organization; or 12 Laws of Malaysia ACT 485 (c) an overseas organization, that person is entitled to the same privileges and immunities while travelling to a place for the purpose of presenting his credentials or of attending the conference or while returning from a place after ceasing to be so accredited or after attending the conference. (4) Where by the regulations any privileges or immunities are conferred upon a person who is serving on a committee, or participating in the work, of an international organization or who is performing, whether alone or jointly with other persons, a mission on behalf of such an organization, that person is entitled to the same privileges and immunities while travelling to a place for the purpose of serving on the committee or participating in that work or performing the mission or while returning from a place after serving on the c