Zambia Statutory instrument

Zambia legislation

Diplomatic Immunities and Privileges (ZEP-RE PTA Re-Insurance Company) Order, 2015

broadcastingcommunications pricingcross-border allowancesemployee benefitsEmployment lawexportationimmunityimport/export controlsimportationoffice premisespress communicationspublic official immunityratesrecords/archivessecuritiestax exemptiontaxes

Jurisdiction: Zambia
Structure: 19 provisions
Citation: SI 87 of 2015
Dates: Source version 13 Nov 2015

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Dates: Source version 13 Nov 2015

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Purpose and legislative effect

“This section concerns an exemption from taxes on the importation and exportation of goods.”

This section concerns an exemption from taxes on the importation and exportation of goods. This provision is about exemptions from rates and taxes on obligations or securities, immunity from suit and legal process, and inviolability of official archives and premises. This section is titled “Reduced rates for certain telegraphic communications.” This section is titled about immunities and privileges for several categories of people, and says the Order is made under section 4 of the Diplomatic Immunities and Privileges Act. This provision gives the Order its short citation title.

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Exemption from taxes on importation and exportation of goods

This section concerns an exemption from taxes on the importation and exportation of goods.

Section 7

The ZEP-RE PTA Re-Insurance Company is declared an

The provision declares the ZEP-RE PTA Re-Insurance Company to be an organisation whose members include the Government and certain other States.

Section 2

The official communications of the Company shall be

The Company’s official communications must be treated the same way as official communications of international organisations and diplomatic missions.

Section 6

Section 11

Certain Company representatives get immunities and tax exemptions when carrying out their functions, subject to waiver by the relevant government and limits on customs and excise relief.

Section 11

Subject to the other provisions of this Order, locally

Locally recruited staff are entitled to specified immunities and privileges, with one listed privilege applying only for official purposes.

Section 15

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Source record from zambialii.org · Source version 13 Nov 2015

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Showing 19 of 19 provisions

Provision 18Commencement

§ 7Exemption from taxes on importation and exportation of goodsProvision

This section concerns an exemption from taxes on the importation and exportation of goods.

7. Exemption from taxes on importation and exportation of goods

Section 7Verify source

§ 8Exemption from rates and taxes on obligations or securitiesProvision

This provision is about exemptions from rates and taxes on obligations or securities, immunity from suit and legal process, and inviolability of official archives and premises.

8. Exemption from rates and taxes on obligations or securities Immunity from suit and legal process Inviolability of official archives and premises guaranteed by Company

Section 8Verify source

§ 9Reduced rates for certain telegraphic communicationsProvision

This section is titled “Reduced rates for certain telegraphic communications.”

9. Reduced rates for certain telegraphic communications

Section 9Verify source

§ 15Section 15Provision

This section is titled about immunities and privileges for several categories of people, and says the Order is made under section 4 of the Diplomatic Immunities and Privileges Act.

15. Immunities and privileges of representatives of member States Immunities and privileges of high officials of Company Immunities and privileges of persons employed on mission Immunities and privileges of other officials of Company Immunity and privileges of locally recruited staff Copies of this Statutory Instrument can be obtained from the Government Printer, P.O. Box 30136, 10101, Lusaka, Price K8.00 each 13th November, 2015 Statutory Instruments 307 IN EXERCISE of the powers contained in section four of the Diplomatic Immunities and Privileges Act, the following Order is made:

Section 15Verify source

§ 1This Order may be cited as the Diplomatic Immunities andProvision

This provision gives the Order its short citation title.

1. This Order may be cited as the Diplomatic Immunities and Privileges (ZEP-RE PTA Re-Insurance Company) Order, 2015. Title

Section 1Verify source

§ 2The ZEP-RE PTA Re-Insurance Company is declared anProvision

The provision declares the ZEP-RE PTA Re-Insurance Company to be an organisation whose members include the Government and certain other States.

2. The ZEP-RE PTA Re-Insurance Company is declared an organisation of which the Government and the governments of certain other States are members. Declaration under section 4

Section 2Verify source

§ 3The Company has the legal capacity of a body corporateProvision

The Company is stated to have the legal capacity of a body corporate.

3. The Company has the legal capacity of a body corporate.

Section 3Verify source

§ 4Section 4Provision

The Company has immunity from suit and legal process, unless it expressly waives that immunity.

4. (1) Except where it has expressly waived its immunity, the Company shall have immunity from suit and legal process. (2) The waiver of immunity under subparagraph (1) shall not be deemed to extend to the execution of a court order. Legal capacity Immunity from suit and legal process

Section 4Verify source

§ 5The Company has the like inviolability of official archivesProvision

The Company has inviolability for its official archives and office premises, like a diplomatic agent’s.

5. The Company has the like inviolability of official archives and premises occupied as offices as is accorded in respect of a diplomatic agent of a sending State accredited to Zambia. Inviolability of official archives and premises

Section 5Verify source

§ 6The official communications of the Company shall beProvision

The Company’s official communications must be treated the same way as official communications of international organisations and diplomatic missions.

6. The official communications of the Company shall be accorded the same treatment as that accorded to official communications of international organisations and diplomatic missions. Official communi- cation

Section 6Verify source

§ 7Section 7Provision

The Company and its operations and transactions are exempt from taxation and certain customs import/export restrictions, but imported articles for official use cannot be sold or disposed of in Zambia except under conditions set by the Commissioner-General.

7. (1) Subject to sub-paragraph (2), the Company, its operations and transactions are exempted from all taxation and from all customs, prohibitions and restrictions on imports and exports and in respect of articles imported by the Company for its official use. Exemption from taxes on importation and exportation of goods (2) Articles imported by the Company shall not be sold or otherwise disposed of in Zambia except in accordance with the conditions determined by the Commissioner-General under the Customs and Excise Act.

Section 7Verify source

§ 8The Company is exempted from rates and taxes on anyProvision

The Company is exempt from rates and taxes on its issued or guaranteed obligations or securities, including any dividends or interest on them, as accorded to a sending State.

8. The Company is exempted from rates and taxes on any obligations or securities issued and securities guaranteed by it, including any dividends or interest thereon by whomsoever held as is accorded to a sending State. Cap. 322 Exemption from rates and taxes on obligations or securities guaranteed by Company 308 Statutory Instruments 13th November, 2015 Reduced rates for certain telegraphic communi- cations

Section 8Verify source

§ 9The Company has the right to avail itself, for telegraphicProvision

The Company may use reduced telegraphic rates for press or broadcast communications it sends, including those to or from outside Zambia.

9. The Company has the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting, including communications addressed to ordispatched from places outside Zambia, of reduced rates applicable for the corresponding service in the case of press telegrams. ZEP-RE PTA Reinsurance Company

Section 9Verify source

§ 10For the purpose of the application of this Order, theProvision

This provision says the named organisation includes its organs, commissions, boards, and other constituent parts.

10. For the purpose of the application of this Order, the organisation entitled “ZEP-RE PTA Reinsurance Company” shall include its organs, commissions, boards and other constituent parts, however styled. Immunities and privileges of representatives of member States

Section 10Verify source

§ 11Section 11Provision

Certain Company representatives get immunities and tax exemptions when carrying out their functions, subject to waiver by the relevant government and limits on customs and excise relief.

11. (1) Except where any immunity or privilege is waived by the government concerned, representatives of the member States on any organ of the Company, or at any conference or seminar convened by the Company, shall enjoy— (a) while excising their functions as such and from the place of meeting, the like immunity from personal arrest or detention and from seizure of their personal baggage, and the like inviolability for all papers and documents, as are accorded to a diplomatic agent of a sending State accredited to Zambia; (b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as such representatives; and (c) while excising their functions as such representatives, and during their journey to, and from, the place of meeting, the like exemption from taxes as is accorded to a diplomatic agent accredited to Zambia, except that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage. (2) For the purpose of the application of this Order, the expression “representative of member State” shall be deemed to include representatives, deputy representatives, advisors, technical experts and secretaries of delegations, but shall not include any person who is the representative of the Government of the Republic of Zambia. 13th November, 2015 Statutory Instruments 309 Immunities and privileges of high officials of Company Immunities and privileges of persons employed on mission

Section 11Verify source

Part

part of their personal baggage.

§ 12Section 12Provision

Certain Company officials and approved assistants get diplomatic-like immunity and tax relief, with an income-tax exemption limited to pay received as Company officers.

12. (1) Except where any immunity or privilege is waived by the Board of Trustees or by the Director of the Company, the Director of the Company and such of the immediate assistants of the Director as may be agreed between the Company and the Government of the Republic of Zambia, shall be accorded in respect of themselves, their spouses 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 accredited to Zambia, the spouse and children of the diplomatic agent. (2) The persons referred to in subparagraph (1) shall enjoy exemption from income tax only in respect of emoluments received by them as officers of the Company. (3) This paragraph shall not, except with the consent of the Government of Zambia, apply to an official of the Company based in Zambia who is a citizen or permanent resident.

Section 12Verify source

§ 13Except where any immunity or privilege is waived by theProvision

People employed on missions for the Company are entitled to specified immunities and an income tax exemption, unless the Director waives the immunity or privilege.

13. Except where any immunity or privilege is waived by the Director, persons employed on missions on behalf of the Company shall enjoy— (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 documents relating to the work of the Company; (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 emoluments received by them for services rendered in performing their functions as officers of the Company.

Section 13Verify source

§ 14Section 14Commencement

Certain designated company officials get immunities, tax exemptions, import relief, and related privileges, subject to waiver and specific exceptions.

14. (1) Except where any immunity or privilege is waived by the Board of Directors, officials of the Company who shall be designated by the Director of the Company for this purpose, other than those referred to in paragraph 12, shall enjoy— Immunities and privileges of other officials of Company (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 officials of the Company; 310 Statutory Instruments 13th November, 2015 (c) the right to import free of duty, within nine months of commencement of a contract of service or such reasonable time as may be agreed upon between the Government of the Republic of Zambia and the Director of the Company in each individual case, their furniture and personal effects, including one motor vehicle, at the time of first taking up their post in Zambia; (d) immunity from seizure of their personal and official baggage; (e) immunity, together with their spouses and families forming part of their households from immigration restrictions and alien registration; (f) immunity from national service obligations, except that this shall not apply to any official of the Company who is a citizen or an established resident of Zambia and is based in Zambia; (g) the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions accredited to Zambia, in accordance with the laws of Zambia; (h) the same repatriation facilities in time of international crises, together with members of their families and their personal employees as diplomatic envoys; and (i) exemption 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 Company, and at the time of termination of such employment, the right to take out of Zambia funds in non-Zambian currencies without any restrictions, except that such officials shall show good cause for their lawful possession of such funds. (2) Paragraph (b) of subparagraph (1) may, with the consent of the Government of the Republic of Zambia, apply to an official of the Company based in Zambia who is a citizen or permanent resident. 13th November, 2015 Statutory Instruments 311

Section 14Verify source

Part

part of diplomatic missions accredited to Zambia, in

§ 15Subject to the other provisions of this Order, locallyProvision

Locally recruited staff are entitled to specified immunities and privileges, with one listed privilege applying only for official purposes.

15. Subject to the other provisions of this Order, locally recruited staff, excluding their spouses and other members of their families forming part of their households, shall enjoy immunities and privileges indicated in sub-paragraphs (a), (b), (e) and (g) of paragraph 14, except that sub-paragraph (g) of paragraph 15 shall apply in respect of official purposes only. Immunity and privileges of locally recruited staff LUSAKA 21st October, 2015 [MFA.104/23/17] EDGAR, C. LUNGU, President 312 Statutory Instruments 13th November, 2015

Section 15Verify source

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Diplomatic Immunities and Privileges Act
Section 15

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13 Nov 2015 · currentEnglish

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