Zambia Statutory instrument

Zambia legislation

Diplomatic Immunities and Privileges (Turkish Cooperation and Coordination Agency) Order, 2020

This section heading refers to a conditional exemption from import and export taxes and related protections for official archives, premises, and communications goods. This section concerns relief…

customsdefinitionsdiplomatic privileges and immunitiesdiplomatic-like immunityEmployment lawexemptionsexportgovernment premisesimmigrationimmunityimportimports and exportsincome taxlegal capacitylegal processpostal/telecom ratesprivileges and immunitiespublic meetings and conferencesratessecuritiesTax lawtax exemption

Jurisdiction: Zambia
Structure: 20 provisions
Citation: SI 8 of 2020
Dates: Source version 31 Jan 2020

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Dates: Source version 31 Jan 2020

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“This section heading refers to a conditional exemption from import and export taxes and related protections for official archives, premises, and communications goods.”

This section heading refers to a conditional exemption from import and export taxes and related protections for official archives, premises, and communications goods. This section concerns relief from rates and taxes for obligations or securities guaranteed by the Organisation. This section is titled “Reduced rates for certain telegraphic communications.” This section is titled as dealing with immunities and privileges, and states that the Order is made under section 4 of the Diplomatic Immunities and Privileges Act. This section gives the Order’s short title.

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Conditional exemption from taxes on import and export of

This section heading refers to a conditional exemption from import and export taxes and related protections for official archives, premises, and communications goods.

Section 8

Section 2

This section defines several terms used in the Order.

Section 2

The official communication of the Organisation shall be

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

Section 7

For the purpose of the application of this Order, the

For applying this Order, “the Organisation” includes its organs, commissions, boards, and other constituent parts.

Section 11

Subject to the other provisions of this Order, locally recruited

Locally recruited staff, except their spouses and household family members, are entitled to the immunities and privileges listed in paragraph 15, with paragraph 15(g) limited to official purposes.

Section 16

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Source record from zambialii.org · Source version 31 Jan 2020

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Showing 20 of 20 provisions

Provision 17Short titleInterpretationCommencement

§ 8Conditional exemption from taxes on import and export ofProvision

This section heading refers to a conditional exemption from import and export taxes and related protections for official archives, premises, and communications goods.

8. Conditional exemption from taxes on import and export of Immunity from suit and legal process Inviolability of official archives and premises Status of official communication goods

Section 8Verify source

§ 9Relief from rates and taxes on obligations or securitiesProvision

This section concerns relief from rates and taxes for obligations or securities guaranteed by the Organisation.

9. Relief from rates and taxes on obligations or securities guaranteed by Organisation

Section 9Verify source

§ 10Reduced rates for certain telegraphic communicationsProvision

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

10. Reduced rates for certain telegraphic communications

Section 10Verify source

§ 16Section 16Provision

This section is titled as dealing with immunities and privileges, and states that the Order is made under section 4 of the Diplomatic Immunities and Privileges Act.

16. Immunities and privileges of representatives of member States Immunities and privileges of high official of Organisation Immunities and privileges of persons employed on mission Immunities and privileges of other officials of Organisation Immunities 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 K12.00 each 31st January, 2020 Statutory Instruments 65 IN EXERCISE of the powers contained in section 4 of the Diplomatic Immunities and Privileges Act, the following Order is made:

Section 16Verify source

§ 1This Order may be cited as the Diplomatic Immunities andShort title

This section gives the Order’s short title.

1. This Order may be cited as the Diplomatic Immunities and Privileges (Turkish Cooperation and Coordination Agency) Order, 2020. Title

Section 1Verify source

§ 2Section 2Interpretation

This section defines several terms used in the Order.

2. In this Order, unless the context otherwise requires— Interpretation “citizen” has the meaning assigned to the word in the Constitution; “established resident” has the meaning assigned to the words in the Immigration and Deportation Act, 2010; “Organisation” means the Turkish Cooperation and Coordination Agency; and “representative of member State” includes a representative, deputy representative, advisor, technical expert and secretary of a delegation, but does not include a person who is a representative of the Government of the Republic. Cap. 1 Act No. 18 of 2010

Section 2Verify source

§ 3The Organisation is declared to be an organisation of whichProvision

This provision declares the Organisation to be one whose members include the Government and certain other States.

3. The Organisation is declared to be an organisation of which the Government and the government of certain other States are members. Declaration under section 4

Section 3Verify source

§ 4The Organisation has the legal capacity of a body corporateProvision

The Organisation has the legal capacity of a body corporate.

4. The Organisation has the legal capacity of a body corporate.

Section 4Verify source

§ 5Except in so far as in any particular case it has expresslyProvision

The Organisation is immune from suit and legal process, unless it expressly waives that immunity; even then, the waiver does not cover execution measures.

5. Except in so far as in any particular case it has expressly waived its immunity, the Organisation has immunity from suit and legal process, except that the waiver of immunity does not extend to any measure of execution.

Section 5Verify source

§ 6The Organisation has the like inviolability of official archivesProvision

The Organisation has inviolability for its official archives and offices.

6. The Organisation 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 the Republic.

Section 6Verify source

§ 7The official communication of the Organisation shall beProvision

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

7. The official communication of the Organisation shall be accorded the same treatment as that accorded to official communications of international organisations and diplomatic missions. Legal capacity Immunity from suit and legal process Inviolability of official archives and premises Status of official communica- tion

Section 7Verify source

§ 8The Organisation, its operations and transactions are exemptProvision

The Organisation is exempt from taxation and from customs and import/export restrictions, with a limited exception for articles imported for official use.

8. The Organisation, its operations and transactions are exempt from taxation and from customs, prohibitions and restrictions on imports and exports and in respect of articles imported by the Organisation for its official use, except that the articles imported may be sold or otherwise disposed of in the Republic in accordance with the conditions determined by the Commissioner-General under the Customs and Excise Act. Conditional e x e m p t i o n from taxes on import and export of goods Cap. 322 66 Statutory Instruments 31st January, 2020 Relief from rates and taxes on obligations or securities guaranteed by Organisation Reduced rates for certain telegraphic communic- ations

Section 8Verify source

§ 9The Organisation has the like exemption from rates andProvision

The Organisation is exempt from rates and taxes on certain obligations or securities it issues or guarantees, including dividends or interest on those securities.

9. The Organisation has the like exemption from rates and taxes on obligations or securities issued and securities guaranteed by the Organisation including dividends or interest on those securities by whomsoever held as is accorded to a sending state.

Section 9Verify source

§ 10The Organisation has the right to avail itself, for electronicProvision

The Organisation may use reduced rates for certain electronic communications sent by it.

10. The Organisation has the right to avail itself, for electronic communications sent by the Organisation and containing only matter intended for publication by the press or for broadcasting, including communications addressed to or dispatched from places outside the Republic of reduced rates applicable for the corresponding service in the case of press telegrams. Organisation to include parts

Section 10Verify source

§ 11For the purpose of the application of this Order, theProvision

For applying this Order, “the Organisation” includes its organs, commissions, boards, and other constituent parts.

11. For the purpose of the application of this Order, the Organisation includes its organs, commissions, boards and other constituent parts, however styled. Immunities and privileges of representa- tives of member states

Section 11Verify source

§ 12Except in so far as in any particular case any immunity orProvision

Representatives of member States at Organisation organs, conferences, or seminars get specified immunities and tax exemptions when performing their functions, unless the government concerned waives them.

12. Except in so far as in any particular case any immunity or privilege is waived by the government concerned, a representative of the member States on any organ of the Organisation, or at any conference or seminar convened by the Organisation, shall enjoy— (a) while performing that representative’s functions and from the place of meeting, the like immunity from personal arrest or detention and from seizure of that representative’s personal baggage, and the like inviolability for the papers and documents as are accorded to a diplomatic agent of a sending State accredited to the Republic; (b) immunity from legal process of every kind in respect of words spoken or written and all acts done in their capacity as a representative; and (c) while performing functions as a representative, 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 the Republic, except that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of personal baggage. Immunities and privileges of high officials of Organisations

Section 12Verify source

§ 13Section 13Provision

Certain Organisation officials and their family members can receive immunity-like treatment and income tax exemption, subject to waiver and consent conditions.

13. (1) Except in so far as in any particular case, any immunity or privilege is waived by the Board of Trustees or by the Programme Coordinator of the Organisation, the Programme Coordinator of the Organisation and immediate assistants of the Programme Coordinator that may be agreed between the Organisation and the Government of the Republic, shall be accorded in respect of 31st January, 2020 Statutory Instruments 67 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 the Republic, the spouse and children of the diplomatic agent. (2) The persons referred to in subparagraph (1) enjoy exemption from income tax only in respect of emoluments received by them as officers of the Organisation, except that this paragraph applies to an official of the Organisation based in the Republic who is a citizen or an established resident only if the Government of the Republic consents.

Section 13Verify source

§ 14Except in so far as any particular case any immunity orProvision

People employed for the Organisation get immunities and an income tax exemption when carrying out their missions, unless the Programme Coordinator waives them in a particular case.

14. Except in so far as any particular case any immunity or privileges is waived by the Programme Coordinator, persons employed on behalf of the Organisation 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 Organisation; (b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the performance 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 Organisation. Immunities and privileges of persons employed on mission

Section 14Verify source

§ 15Except in so far as in any particular case, any immunity orCommencement

Certain Organisation officials get immunities and tax/customs privileges, but the Board of Trustees may waive them in a particular case.

15. Except in so far as in any particular case, any immunity or privilege is waived by the Board of Trustees, officials of the Organisation who shall be designated by the Programme Coordinator of the Organisation for this purpose other than those referred to in paragraph 13, shall enjoy— Immunities and privileges of other officials of organisation (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 at their official duties; (b) exemption from income tax in respect of emoluments received by them as officials of the Organisation, except that this paragraph applies to an official of the Organisation based in the Republic who is a citizen or an established resident only if the Government of the Republic consents; 68 Statutory Instruments 31st January, 2020 (c) the right to import free of duty within nine months of commencement of a contract of service or a reasonable time that may be agreed on between the Republic and the Programme Coordinator of the Organisation in each individual case, their furniture and personal effects, including one motor vehicle at the time first taking up their post in the Republic; (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 does not apply to an official of the Organisation who is a citizen or an established resident and is based in the Republic; (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 the Republic in accordance with the laws of the Republic; (h) the same repatriation facilities in time of international crisis, 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 and the freedom to maintain within the Republic, or elsewhere foreign securities and other movable and immoveable property while employed by the Organisation, and at the time of termination of that employment, the right to take out of the Republic funds in non- Republic currencies without any restrictions if the officials show good cause for their lawful possession of the funds. Immunities and privileges of locally recruited staff

Section 15Verify source

Part

part of their households from immigration restrictions

§ 16Subject to the other provisions of this Order, locally recruitedProvision

Locally recruited staff, except their spouses and household family members, are entitled to the immunities and privileges listed in paragraph 15, with paragraph 15(g) limited to official purposes.

16. Subject to the other provisions of this Order, locally recruited staff excluding their spouses and other members of their families forming part of their household, shall enjoy immunities and privileges specified in paragraph 15 (a), (b), (e) and (g) except that paragraph 15 (g) applies in respect of official purposes only. LUSAKA 23rd January, 2020 [MFA.104/27/16] EDGAR C. LUNGU, President

Section 16Verify source

Legislative relationships

2 referenced instruments

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A–F

1 instrument

Diplomatic Immunities and Privileges Act
Section 16

G–M

1 instrument

Government of the Republic. Cap. 1 Act
Section 2

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31 Jan 2020 · currentEnglish

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