The Central Treaty Organization (Immunities and Privileges) Order 1974

PART IV OFFICERS

High Officers

16.—(1) Except in so far as in any particular case any immunity or privilege is waived by the Council, and subject to the provisions of paragraph (2) of this Article, the Secretary-General of the Organization and the senior Deputy Secretary-General in office shall enjoy:—

(a) the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than customs duties and taxes on the importation of goods, and rates as are accorded to or in respect of the head of a diplomatic mission;

(b) the like exemption from customs duties and taxes on the importation of articles imported for their personal use or the use of members of their families forming part of their households, including articles intended for their establishment, as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;

(c) the like exemption and privileges in respect of their personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent;

(d) relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of customs duty paid on any hydrocarbon oil (within the meaning of the Hydrocarbon Oil (Customs & Excise) Act 1971) which is bought in the United Kingdom by them or on their behalf, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements; and

(e) exemptions whereby, for the purposes of the enactments relating to national insurance and social security, including enactments in force in Northern Ireland,—

(i) services rendered for the Organization by the officer shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but

(ii) no person shall be rendered liable to pay any contribution or premiums which he would not be required to pay if those services were not deemed to be so excepted;

provided that until the day appointed for the coming into force of section 2 of the Social Security Act 1973 the following shall apply in substitution for the foregoing provisions of this sub-paragraph—

“exemptions whereby for the purposes of the National Insurance Acts 1965 to 1973, the National Insurance (Industrial Injuries) Acts 1965 to 1973, any enactment for the time being in force amending any of those Acts, and any enactment of the Parliament of Northern Ireland corresponding to any of those Acts or to any enactment amending any of those Acts,—

(i) services, rendered for the Organisation by the officer shall be deemed to be excepted from any class of employment which is insurable employment, or in respect of which contributions are required to be paid, but

(ii) no person shall be rendered liable to pay any contribution which he would not be required to pay if those services were not deemed to be so excepted.”.

(2) If any such officer as is referred to in paragraph (1) of this Article is a citizen of the United Kingdom and Colonies he shall enjoy, in addition to the privileges and immunities conferred by sub-paragraphs (a) and (b) of Article 17, only inviolability for all papers and documents relating to the work on which he is engaged for the Organization.

(3) Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on any member of the family of an officer to whom this Article applies.

All Officers

17.  Except in so far as in any particular case any privilege or immunity is waived by the Council, any officer of Grades 1 to 10 inclusive and any military personnel permanently attached for administrative services to the Organization's Combined Military Planning Staff shall enjoy:—

(a) immunity from suit and legal process in respect of things done or omitted to be done by them in their official capacity and within the limits of their authority;

(b) exemption from income tax in respect of emoluments received by them as officers of the Organization; and

(c) unless they are citizens of the United Kingdom and Colonies, the like exemption from customs duties and taxes on the importation of articles which—

(i) at or about the time when they first enter the United Kingdom to take up their posts as officers of the Organization are imported for their personal use or that of members of their families forming part of their household, including articles intended for their establishment, and

(ii) are articles which were in their ownership or possession or that of such members of their families, or which they or such members of their families were under contract to purchase, immediately before they so entered the United Kingdom,

as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent.