The European Bank for Reconstruction and Development (Immunities and Privileges) Order 1991

13.—(1) A Person Connected with the Bank shall enjoy–

(a) immunity from suit and legal process, even after the termination of his mission or service, in respect of acts performed by him in his official capacity including words written or spoken by him, except in respect of civil liability in the case of damage arising from a road traffic accident caused by him;

(b) such immunity from suit and legal process as is necessary to ensure that all their official papers and documents have the like inviolability as, in accordance with the 1961 Convention Articles, is accorded in respect of official archives of a diplomatic mission.

(2) In addition to the immunities set out in paragraph (1), Directors, Alternate Directors, Officers and Employees, and experts performing missions for the Bank under contract longer than 18 months shall, at the time of first taking up their post in the United Kingdom, be exempt from duties (whether of customs or excise) and taxes on the importation of articles (except payments for services) in respect of import of their furniture and personal effects (including one motor car each), and the furniture and personal effects of members of their family forming part of their household, which are in their ownership or possession or already ordered by them and intended for their personal use or for their establishment.

(3) In addition to the privileges and immunities set out in paragraph (1), Governors, Alternate Governors, and Representatives of Members shall enjoy–

(i) the like exemption from duties (whether of customs or excise) and taxes on the importation of their personal baggage, and the like privilege as to the importation of such articles, as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;

(ii) 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;

(iii) such immunity from suit and legal process as is necessary to ensure that their personal baggage cannot be seized;

(iv) immunity from arrest or detention.

(4) In addition to the immunities set out in paragraph (1), the President and five Vice-Presidents, as nominated by the President, 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 income tax in respect of their emoluments and duties and taxes on the importation of goods) as are accorded to or in respect of a diplomatic agent;

(b) the like exemption or relief from being subject to a community charge, or being liable to pay anything in respect of a community charge or anything by way of contribution in respect of a collective community charge, as is accorded to or in respect of a diplomatic agent;

(c) the like exemption from duties and taxes on the importation of articles imported for their personal use, 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;

(d) 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;

(e) relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of duty (whether of customs or excise) or value added tax paid on any hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979) which is bought in the United Kingdom by them or on their behalf and which is for their personal use or for that of members of their family forming part of their household, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.

(5) Paragraphs (2), (3) and (4) of this Article shall not apply to any person who is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, or a British National (Overseas), or who is a permanent resident of the United Kingdom.

(6) Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the official staff of representatives other than Members of Delegations, nor so as to confer any privilege or immunity on the family of any person to whom this Article applies.

(7) Neither the provisions of the preceding paragraphs of this Article, nor those of Part IV of Schedule 1 to the Act, shall operate so as to confer any privilege or immunity on any persons as the representative of the United Kingdom or as a member of the delegation of such a representative.

(8) Any privilege or immunity conferred by the preceding paragraphs of this Article may be waived as follows:–

(i) in the case of any privilege or immunity conferred on any officer or employee of the Bank (other than the President or a Vice-President), or on an expert performing a mission for the Bank, by the President;

(ii) in the case of any privilege or immunity conferred on the President or a Vice-President, by the Board of Directors;

(iii) in the case of any privilege or immunity conferred on a Representative of a Member or a member of his delegation, by the Member concerned.