Explanatory Note

(This note is not part of the Order)

The Rome Statute of the International Criminal Court done at Rome on 17th July 1998 established the International Criminal Court (“the ICC”). The Agreement on the Privileges and Immunities of the International Criminal Court done at New York on 9th September 2002 (“the Agreement”) requires State parties to, inter alia, exempt from immigration restrictions certain persons engaged on or with respect to the business of the ICC.

This Order amends the Immigration (Exemption from Control) Order 1972 (“the principal Order”), made under section 8(2) of the Immigration Act 1971 (“the Act”). It will enable Her Majesty’s Government to ratify the Agreement and will enter into force on the date on which the Agreement enters into force in respect of the United Kingdom. That date will be notified in the London, Edinburgh and Belfast Gazettes.

Article 4 of the principal Order exempts from any provision of the Act relating to those who are not British citizens except any provision relating to deportation certain specified persons. This Order amends article 4 of the principal Order to provide that certain persons engaged on or with respect to the business of the ICC are to be exempt from any provision of the Act relating to those who are not British citizens except any provision relating to deportation.