Diplomatic Property and Consular Conventions Act

Jurisdiction: Uganda
Instrument: Act or statute
Citation: Chapter 202
Version: Undated source snapshot
Language: en

Source attribution: Source: Uganda Legal Information Institute

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About this statute

The Minister may, by statutory order, (1) direct that sections 2 and 4 apply to specified foreign States where a consular convention exists; (2) apply section 5 to States with diplomatic relations subject to reservations the Minister considers necessary; and (3) refuse to apply section 5 where reciprocal facilities are not granted. If a foreign national named as executor (or eligible for representation) is not resident in Uganda and no application is made by the Administrator General or an authorised agent, the court must grant representation to the consular officer upon that officer's application. A consular officer is not entitled to immunity or privilege for acts done under powers granted by section 2 or for documents related to those acts. An order applying this section makes the foreign State a body corporate with perpetual succession, a common seal, the power to sue and be sued, and the power to purchase and hold land for consular purposes (or other consular-related purposes with the Minister's approval); if it stops using the lands for those purposes it must first offer them to the Government. The corporate seal is authenticated by the consular officer's signature and documents so sealed are prima facie evidence. "Consular officer" is defined by recognition or, for certain historic cases, diplomatic officers authorised by that State. When an order applies this section to a foreign State, that State becomes a body corporate with succession, a seal, powers to sue and to hold land (without licence for diplomatic purposes or with Ministerial approval for other purposes); if it stops using land for those purposes it must first offer it to the Government. The corporate seal must be authenticated by a diplomatic officer's signature.

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Provisions of Diplomatic Property and Consular Conventions Act

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1. Application

The Minister may, by statutory order, (1) direct that sections 2 and 4 apply to specified foreign States where a consular convention exists; (2) apply section 5 to States with diplomatic relations subject to reservations the Minister considers necessary; and (3) refuse to apply section 5 where reciprocal facilities are not granted.

Section 1. Application Section 1(1) The Minister may by statutory order direct that sections 2 and 4 shall apply to any foreign State specified in the order, being a State with which a consular convention providing for matters for which provision is made by those sections has been concluded by the Government. Section 1(2) The Minister may by statutory order apply section 5 to any foreign State with which Uganda has established diplomatic relations, subject to any reservations or conditions which appear to him or her— Section 1(2)(a) to be necessary in order to restrict the facilities thereby granted to a foreign State to facilities substantially similar to those which the foreign State grants to Uganda or, if Uganda has no diplomatic representation in that State, would grant in the opinion of the Minister if Uganda had diplomatic representation in that State; or Section 1(2)(b) to be otherwise necessary in the interests of Uganda. Section 1(3) The Minister may refuse to apply section 5 to a foreign State if it appears to him or her that the State does not grant reciprocal facilities to Uganda or, if Uganda has no diplomatic representation in that State, would not grant reciprocal facilities to Uganda if Uganda had diplomatic representation in that State.
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2. Powers of consular officers in relation to property of deceased persons in Uganda

If a foreign national named as executor (or eligible for representation) is not resident in Uganda and no application is made by the Administrator General or an authorised agent, the court must grant representation to the consular officer upon that officer's application.

Section 2. Powers of consular officers in relation to property of deceased persons in Uganda Section 2(1) Where any person who is a national of a State to which this section applies is named as executor in the will of a deceased person disposing property of Uganda, or is otherwise a person to whom a grant of representation to the estate in Uganda of a deceased person may be made, then if the court is satisfied, on the application of a consular officer of the State, that the national is not resident in Uganda, and if no application for a grant of such representation is made by the Administrator General or a person duly authorised by power of attorney to act for him or her in that behalf, the court shall make to that officer any such grant of representation to the estate of the deceased as would be made to him or her if he or she were so authorised as aforesaid. Section 2(2) Where any person who is a national of a State to which this section applies— Section 2(2)(a) is entitled to any money or other property in Uganda forming part of the estate of a deceased person or to receive payment in Uganda of any money becoming due on the death of a deceased person; or Section 2(2)(b) is among the persons to whom any money or other property of a deceased person may under any Act, whether passed before or after the commencement of this Act, be paid or delivered without production of confirmation,
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3. Supplementary provisions as tosection 2

A consular officer is not entitled to immunity or privilege for acts done under powers granted by section 2 or for documents related to those acts.

Section 3. Supplementary provisions as tosection 2 Section Notwithstanding any rule of law conferring immunity or privilege in respect of the official acts and documents of consular officers, a consular officer shall not be entitled to any immunity or privilege in respect of any act done by virtue of powers conferred on him or her by or under section 2 or in respect of any document for the time being in his or her possession relating thereto.
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4. Incorporation of foreign State for the acquisition of land, etc.

An order applying this section makes the foreign State a body corporate with perpetual succession, a common seal, the power to sue and be sued, and the power to purchase and hold land for consular purposes (or other consular-related purposes with the Minister's approval); if it stops using the lands for those purposes it must first offer them to the Government. The corporate seal is authenticated by the consular officer's signature and documents so sealed are prima facie evidence. "Consular officer" is defined by recognition or, for certain historic cases, diplomatic officers authorised by that State.

Section 4. Incorporation of foreign State for the acquisition of land, etc. Section 4(1) Where an order has been made under section 1 applying this section to a foreign State, that State shall, by reason of the order, become a body corporate by the name of that State with— Section 4(1)(a) perpetual succession and a common seal; Section 4(1)(b) power to sue and be sued in that corporate name; and Section 4(1)(c) power to purchase, take and hold lands and other property without licence in mortmain for the purposes of consular offices, or consular residences or, with the approval of the Minister, for other purposes arising out of the operation of the consular establishment of that foreign State; but if the corporate body ceases to use the lands and any buildings on the lands for the purposes aforesaid, then the corporate body shall in the first instance offer the lands and buildings to the Government. Section 4(2) The seal of the corporate body shall be authenticated by the signature of the consular officer, and every document purporting to be an instrument issued by the corporate body in the exercise of its powers under subsection (1)(b) and (c) and to be sealed with the seal of the corporate body authenticated in the manner provided by this subsection shall be received in evidence and be deemed to be such an instrument without proof unless the contrary is shown. Section 4(3) For the purposes of this section, "consular officer" means any person who has been granted full, formal or provisional recognition as a consular officer and, in the case of a State to which this section applied before the 9th October, 1962, and which after the 9th October, 1962, establishes diplomatic relations with Uganda, any officer of diplomatic rank who is authorised by that State to perform the acts specified in this section.
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5. Incorporation of foreign State maintaining diplomatic relations forthe acquisition of land, etc.

When an order applies this section to a foreign State, that State becomes a body corporate with succession, a seal, powers to sue and to hold land (without licence for diplomatic purposes or with Ministerial approval for other purposes); if it stops using land for those purposes it must first offer it to the Government. The corporate seal must be authenticated by a diplomatic officer's signature.

Section 5. Incorporation of foreign State maintaining diplomatic relations forthe acquisition of land, etc. Section 5(1) Where an order has been made under section 1 applying this section to a foreign State, that State shall, by reason of the order, become a body corporate by the name of that State with— Section 5(1)(a) perpetual succession and a common seal; Section 5(1)(b) power to sue and be sued in that corporate name; and Section 5(1)(c) power to purchase, take and hold lands and other property without licence in mortmain for the purposes of diplomatic or consular offices or residences or, with the approval of the Minister, for other purposes arising out of the relations between that foreign State and Uganda; but if the corporate body ceases to use the land and any buildings on the land for such purposes then the corporate body shall in the first instance offer the land and buildings to the Government. Section 5(2) The seal of a corporate body of the kind referred to in subsection (1) shall be authenticated by the signature of an officer of diplomatic rank of the State the name of which the corporate body bears (being an officer who is authorised so to act), and every document purporting to be an instrument issued by the corporate body in the exercise of its powers under subsection (1)(b) and (c) and to be sealed with the seal of the corporate body authenticated in the manner provided by this subsection shall be received in evidence and be deemed to be such an instrument without proof unless the contrary is shown.
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6. Incorporation of Commonwealth countries for the acquisition of land, etc.

Section 6 declares that every Commonwealth country is to be a body corporate with succession, a common seal, powers to sue and hold land (including mortmain) and that the corporate body must offer unused lands and buildings to the Government; the Minister may by order limit or withdraw these privileges.

Section 6. Incorporation of Commonwealth countries for the acquisition of land, etc. Section 6(1) Every Commonwealth country shall be a body corporate by the name of that country with— Section 6(1)(a) perpetual succession and a common seal; Section 6(1)(b) power to sue and be sued in that corporate name; and Section 6(1)(c) power to purchase, take and hold lands and other property without licence in mortmain for purposes substantially similar to those for which a foreign State may hold land pursuant to section 5 and, with the approval of the Minister, for any other purposes arising out of the relations between Uganda and that country; but if the corporate body ceases to use the lands and any buildings on the lands for such purposes, then the corporate body shall in the first instance offer the lands and buildings to the Government. Section 6(2) The seal of a corporate body of the kind referred to in subsection (1) shall be authenticated by the signature of an officer in the service of the country the name of which the corporate body bears (being an officer holding a rank equivalent to a diplomatic rank) who is authorised so to act, and every document purporting to be an instrument issued by the corporate body in the exercise of its powers under subsection (1)(b) and (c) and to be sealed with the seal of the corporate body authenticated in the manner provided by this subsection shall be received in evidence and be deemed to be such an instrument without proof unless the contrary is shown. Section 6(3) The Minister may by statutory order withdraw the application of this section from any country in whole or in part or make the application of this section subject to limitations and restrictions wherever it appears to him or her that— Section 6(3)(a) the interests of Uganda may so require; or Section 6(3)(b) it is necessary to do so in order to restrict the facilities granted by this section to the facilities granted to Uganda by that country or, if Uganda has no representative in that country, to the facilities which in the opinion of the Minister would be granted by that country if Uganda had any representatives in that country.
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7. Saving

The section does not apply to property that ceased on or after 9th October, 1962 unless, when it ceased to be used, the property was used for diplomatic offices, diplomatic residences, or some other purpose expressly or impliedly assented to by the Government.

Section 7. Saving Section where that property ceased on or after the 9th October, 1962, to be used for any of the purposes specified in that paragraph, this section shall not apply unless the property, when it ceased to be so used, was used for diplomatic offices, diplomatic residences or some other purpose expressly or impliedly assented to by the Government;

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Diplomatic Property and Consular Conventions Act

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