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The Conference of the Parties to the United Nations Framework Convention on Climate Change (Immunities and Privileges) Order 2021

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Immunities and privileges for officials of the specialized agencies of the United Nations

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7.—(1) Except in so far as in any particular case any privilege or immunity is waived by or on behalf of the specialized agency concerned, the executive heads of the specialized agencies of the United Nations, who are, or are to be, representatives at the Conference and are participating in or performing functions in relation to the Conference enjoy in connection with the Conference—

(a)the like immunity from suit and legal process as is accorded to the head of a diplomatic mission;

(b)the like inviolability of any private residence used by the executive head 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 the head of a diplomatic mission;

(c)the like exemption from customs 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 customs duty paid on any hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979(1)) bought in the United Kingdom by, or on behalf of, the executive head of the specialized agency, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements; and

(f)exemptions whereby, for the purposes of the requirements of any enactment relating to social security, including enactments in force in Northern Ireland or Scotland—

(i)services rendered for the specialized agency by the executive head in connection with the Conference are deemed excepted from any class of employment in respect of which contributions or premiums under those enactments are payable; but

(ii)the executive head may not be rendered liable to pay any contribution or premium which they would not be required to pay if those services were not deemed to be so excepted.

(2) Except in so far as in any particular case any privilege or immunity is expressly waived by or on behalf of the specialized agency concerned, officers of the specialized agencies of the United Nations (other than those who are locally recruited and assigned to hourly rates of pay) and experts performing missions for a specialized agency, who are, or are to be, representatives at the Conference and are participating in or performing official functions in connection with the Conference, enjoy—

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

(b)exemption from income tax in respect of emoluments received by them as officers of a specialized agency or experts performing missions for a specialized agency; and

(c)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 in connection with the Conference are imported for their personal use, including articles intended for their establishment; and

(ii)are articles which were in their ownership or possession, or which they 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.

(3) In paragraph (1), references to an executive head of a specialized agency includes an official acting on behalf of an executive head during an absence from duty.

(4) In this article, “specialized agencies of the United Nations” means—

(a)the Food and Agriculture Organization;

(b)the International Civil Aviation Organization;

(c)the International Fund for Agricultural Development;

(d)the International Labour Organization;

(e)the International Monetary Fund;

(f)the International Maritime Organization;

(g)the International Telecommunications Union;

(h)the United Nations Educational, Scientific and Cultural Organization;

(i)the United Nations Industrial Development Organization;

(j)the Universal Postal Union;

(k)the World Bank, comprising—

(i)the International Bank for Reconstruction and Development;

(ii)the International Development Association;

(iii)the International Finance Corporation;

(iv)the International Centre for Settlement of Investment Disputes; and

(v)the Multilateral Investment Guarantee Agency;

(l)the World Health Organization;

(m)the World Intellectual Property Organization;

(n)the World Meteorological Organization;

(o)the World Tourism Organization.

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