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The Global Combat Air Programme International Government Organisation (Immunities and Privileges) Order 2024

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Part 3Immunities, privileges, reliefs and exemptions of the GIGO

Immunity of the GIGO

5.—(1) The GIGO has immunity from suit and legal process.

(2) Paragraph (1) does not apply in the following cases—

(a)a dispute arising out of a contract with the GIGO that does not provide for arbitration or an alternative binding mechanism of dispute resolution;

(b)a counterclaim or application directly connected with court proceedings initiated by the GIGO;

(c)a road traffic offence involving a motor vehicle or other mode of transport belonging to, or operated on behalf of, the GIGO; or

(d)a civil action brought against the GIGO by a third party for damages, resulting from an accident caused by a motor vehicle or other mode of transport belonging to, or operated on behalf of, the GIGO.

(3) The property, funds and assets of the GIGO, wheresoever located in the United Kingdom and by whomsoever held, are immune from suit and legal process in respect of all forms of search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.

Inviolability of premises

6.—(1) The premises of the GIGO have the like inviolability as, in accordance with the 1961 Convention Articles(1), is accorded in respect of the premises of a diplomatic mission.

(2) Subject to paragraphs (3) and (4), any person having the authority to enter any place under any legal provision must not exercise that authority in respect of the premises of the GIGO except with the consent, or at the request, of the Chief Executive.

(3) The consent or request referred to in paragraph (2) may be subject to compliance with such conditions as may be imposed by the Chief Executive.

(4) For the purpose of paragraph (2), permission may be presumed in the event of a fire or other emergency that requires prompt protective action, or where a public authority has reason to believe that such a fire or other emergency has occurred, or is about to occur, in the premises of the GIGO.

Inviolability of archives

7.—(1) The archives of the GIGO have the like inviolability as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives of a diplomatic mission.

(2) In this article, the “archives of the GIGO” includes all records, correspondence, documents, manuscripts, photographs, films and recordings belonging to or held by the GIGO and all the information contained therein.

Taxes, rates, duties and customs treatment

8.—(1) Within the scope of its Official Activities the GIGO is exempt from all direct taxation on its assets, property and income except for the proportion of any business rates charged for public services rendered.

(2) The GIGO is exempt from duties (whether of customs or excise) and taxes on the importation of goods imported by the GIGO for its Official Activities.

(3) The GIGO is exempt from all prohibitions and restrictions on the importation or exportation of goods imported or exported by the GIGO for its Official Activities.

(4) The GIGO shall have relief under arrangements made by the Secretary of State by way of refund on value added tax paid on the purchase of any goods or services which are of substantial value and which are used by the GIGO for its Official Activities, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.

(1)

Section 11(1) of the International Organisations Act 1968 defines “the 1961 Convention Articles” as the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964.

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