Order Respecting the Privileges and Immunities of the United Nations Educational, Scientific and Cultural Organization and Its Institute for Statistics — 11
11 (1) In this section, representatives of a member means representatives of a foreign state that is a member of UNESCO and includes all delegates, deputy delegates, advisers, technical experts and secretaries of delegations of the foreign state. (2) The representatives of a member have the privileges and immunities set out in Article IV of the Convention on Privileges and Immunities to the extent that they are specified in this section. (3) Representatives of a member to the principal and subsidiary organs of UNESCO and to conferences convened by UNESCO or by the Institute on UNESCO’s behalf shall, while exercising their functions and during their journey to and from the place of meeting in Canada, enjoy the following privileges and immunities: (a) immunity from personal arrest or detention and from seizure of their personal baggage, and, in respect of words spoken or written and all acts done by them in their capacity as representatives of a member, immunity from legal process of every kind; (b) inviolability for all papers and documents; (c) the right to use codes and to receive papers or correspondence by courier or in sealed bags; (d) exemption in respect of themselves and their spouses from immigration restrictions, alien registration or national service obligations while they visit or pass through Canada in the exercise of their functions; (e) the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions; (f) the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys; and (g) such other privileges, immunities and facilities not inconsistent with the foregoing as diplomatic envoys enjoy, except that they have no right to claim exemption from customs duties on goods imported (otherwise than as part of their personal baggage) or from excise duties or sales taxes. (4) In order to secure, for the representatives of a member to the principal and subsidiary organs of UNESCO and to conferences convened by UNESCO or the Institute in UNESCO’s name, complete freedom of speech and independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties continues to be accorded, notwithstanding that the persons concerned are no longer representatives of a member. (5) Where the incidence of any form of taxation depends upon residence, periods during which the representatives of a member to the principal and subsidiary organs of UNESCO and to conferences convened by UNESCO or by the Institute in UNESCO’s name are present in Canada for the discharge of their duties are not considered as periods of residence. (6) Privileges and immunities are accorded to the representatives of a member not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with UNESCO. (7) A foreign state not only has the right but is under a duty to waive the immunity of its representative in any case where in the opinion of the foreign state the immunity would impede the course of justice, and it can be waived without prejudice to the purpose for which the immunity is accorded. (8) Subsections (3) to (5) do not apply in respect of a Canadian citizen or a permanent resident.