Diplomatic Immunities and Privileges (Preferential Trade Area for Eastern and Southern African States) Order, 1984

1. This Order may be cited as the Diplomatic Immunities and Privileges (Preferential Trade Area for Eastern and Southern African States) Order, 1984. Title

2. The Preferential Trade Area for Eastern and Southern African States (hereinafter referred to as "the P.T.A. ") is hereby declared to be an organisation of which the Government and the governments of certain other States are members. Declaration undor sootion 4, Cap. 36

3. The P.T.A. shall have the legal capacity of a body corporate.

4. Except in so far as in any particular case it has expressly waived its immunity, the P.T.A. shall have immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

5. The P.T.A. shall have the like inviolability of official archives a.nd premises occupied as offices as is accorded in respect of a diplomatic agont of a sending State accredited to Zambia.

6. The P.T.A. shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a sending State.

7. Tho P.T.A. shall have exemption from taxes on the importation of goods directly imported by it for its official use in Zambia or for exportation, and on the importation of its own publications directly imported by it, such exemption to be subject to compliance ,vith such conditions as the Con­ trolJcr of Customs and Excise may prescribe for the protection of the rovenue. Legal capacity Immunity from suit and legal process Inviolnbility of official arohivos and premises Relief from taxes and rates Exemption from t.axea on import.a• tion or exportation of goods eubjeot to certain conditiollll Oopiea of thw St&utory lmtrument ca» be obtain«l from tho Government Printer P.O. Box 30130, .Lwtaka. Pru:,, 2011 each. Statutory Instruments ---�-----=:..:... __ _ 10th Fcbrnary, 1984. Exemption from prohibitio11s ond restrictions Rcduct'd :rat<>S for certain tele�aphio oommunioo .. lions "Preferential Trade Area for Eaatern and Southern African Stole�" to indutle coustitueot parts Immw1itice and priviloges of ropl'88onta­ tivee of member States

8. The P.T.A.. shall havo exemption from prohibitions and restrictions on importation or exportation in the caso of goods directly imported or exported by it for its official use, and in the case of its own publications directly imported or exported by it.

9. The P.T.A. shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by tho press or for broad­ casting (foduding communications addressed to or dispatched from places outside Zn,mbia), of any reclucod rates a._?plicable for tho corrcsponc1ing service in the case of press telegrnms. · 10. For· the purpose of the application of this Order, the organisation on titled "Preferential Trade Area for Eastern .and Southern African States" shall include all its organs, commissions, boards and other constituent parta however styled.

11. Except in so far as in any particular case any immunjty or privilege i8 waived by tho government concerned, rep­ resantativo:1 of the ma•ubor St,ites on any organ of the P.T.A. or at any conference convened by tho P.T.A. shnll enjoy- (a) while exercising their functions as such and from the place of meeting, the like immunity from personal arrest or detention itnd from seizure of thoit- personal baggage, and tho like inviolability for all papers and documents, as nre accorded to a diplomatic agont of a sending State accredit�d to Zambia; (b) immunity from legal process of every kind in respect of worcls spoken or written, and all acts clone, by t,bem in their capacity M such represontati\•os; anc1 (c) while exercising their functions ru;i such representatives, and during their journey to and from the place of meeting, the like exemption from taxes as is accorded to ll, diplomatic agent accredited to Zambia, save that the relief allowed shalJ not include relief from cus1oms and excise duties except in re11pect of goods imported as part of their personal baggage. Inrerpreta­ tion

12. For the purpose of the application of this Order, the expression "representative of mom her States " shall be deemed to include representatives, deputy represcnfatives, advisors, technical experts and secret,aries of delegations, but sba,ll not include any person who is the representative of the Government 10th February, 1984 Statutory Instruments 57 of Zambia or any person who is a member of the staff of a representative.

13. Except in so far as in any particular case any immunity or privilege is waived by tho Council of Ministers of the P.T.A. or by tho Secretary-General of the P.T.A., tho Secretary­ General of the P.T.A. and such of his immediate assistants ns may be agreed between the P.T.A. and the Government of Zambia, shall be accorded in respect of themselves, thefr spouse:; and children under the age of eighteen years, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to a diplomatic agent of a sending State accredited to Zambia, his spouse and children. They shall enjoy exemption from income tax only in respect of emoluments received by them as officers of the P.T.A. Immunities and privilegos of high oflfoials of P.T.A.

14. Except in so far as in any particular case any immunity or privilege is waived by the Secretary-General of the P.T.A., persons employed on missions on behalf of the P.T.A. shall enjoy- lrumuniLies and privilogos of pe1-sons employed on missions (a) while performing their missions and during journeys in connection therewith, immunity from personal arrest or detention and from seizure of their personal baggage, and inviolability for all papers and docu­ ments relating to the work of the P.T.A.; (b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions; and (c) exemption from income tax in respect of emolument,s received by them for services rendered in performing their functions as officers of the P.T.A.: Provided that this sub-paragraph shall not apply to any citizen or permanent resident of Zambia who is an officer of the P.T.A. based in Zambia.

15. Except in so far as in any particular case any immunity or privilege is waived by the Secretary-General of tho P.T.A., officials of the P.T.A. who shall be designated by the Secretary­ General of the P.T.A. for this purpose (other than those reforred to in para.graph 13) shall onjoy- ImmuniLios o.nd privilogos of other officials oft.he P.T.A. (a) immunity from suit and legal process in respect of words spoken or written, and all acts done, by them in the course of the performance of their official duties; (b) exemption from income tax in respect of emoluments received by them as officers or servants of the P.T.A.; 58 Cap. 593., p.8 Statutory Instruments ________ .:::..__ __ 10th February, 1984 (c) the right to import free of duty, within six months of their arrival in Zambia or such reasonable time as may be agreed upon between the Government of Zambia. and the Secretary-General of the P.T.A. in each individual case, their furniture and personal effects, including one motor vehicle, at the time of first tnlring up their post in Zambia.; (d) immunity from seizure of their personal and official baggage; (e) immunity, together with their families, from immigra­ tion restrictions and alien registration; (j) immunity from national service obligations; (g) the same privileges in rospect of exchange facilities as arc accorded to the officials of comparable ranks forming part of iliplomatic missions accredited to Zambia, in accordance with the Exchange Contt-ol Regulations; (h) the same repatriation facilities in time of international crisis, together with members of thefr families and their personal employees, as diplomatic envoys; and (i) exemption for officials of the P.T.A. from any form of direct taxation on income derived from sources outside the Republic of Zambia and the freedom to maintain within the Republic of Zambia, or elsewhere, foreign securities and other moveable and immoveable property whilst employed by the P.T.A., and at the tin1e of termination of such employment, the right to take out of Zambia funds in non-Zambian currencies without any 1·estrictions or Limitations provided that such officials show good cause for their lawful possession of such funds: Provided that the provisions of sub-paragraphs (b), (c), (f), (g), (h) and (i) shall not apply to any officer or servant of the P.T.A. who is a. citizen or permanent resident of Zambia. and is based in Zambia. LUSAKA 8th li'ebruary. 1984 [MFA.) 02/57 /2.0] KENNETH D. K.AUNOA, President