DIPLOMATIC AND INTERNATIONAL IMMUNITIES AND PRIVILEGES PART I GENERAL 1 This Order may be cited as the Caribbean Development Bank (Immunities and Privileges) Order 1972 and shall come into operation on 5th February 1972. 2 1 In this Order “ the 1961 Convention Articles ” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964. 2 The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. PART II THE BANK 3 The Caribbean Development Bank (hereinafter referred to as the Bank) shall have the legal capacities of a body corporate. 4 1 The Bank shall have immunity from suit and legal process except: a to the extent that the Board of Directors of the Bank shall have expressly waived such immunity in a particular case; b in relation to a civil action arising out of an accident caused by a motor vehicle belonging to the Bank or operated on its behalf or to a traffic offence committed by the driver of such a vehicle; and c if the Bank has appointed an agent for the purpose of accepting service or notice of process or has issued or guaranteed securities in the United Kingdom, in respect of any proceedings (other than proceedings brought against the Bank by any member, or by any agency of a member, or by any entity or person directly or indirectly acting for or deriving claims from a member) arising out of or in connection with the exercise of its powers to borrow money, to guarantee obligations, or to buy and sell or underwrite the sale of securities. 2 The provisions of paragraph (1) of this Article shall not prevent the taking of such measures as may be permitted by law in relation to the execution of judgment against the Bank. 5 The Bank shall have the like inviolability of official archives as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives of a diplomatic mission. Premises of the Bank shall be immune from search, requisition, confiscation, expropriation or any other form of taking or foreclosure. 6 The Bank shall have the like exemption or relief from taxes, other than customs duties and taxes on the importation of goods, as is accorded to a foreign sovereign Power. 7 The Bank shall have the like relief from rates on its official premises as in accordance with Article 23 of the 1961 Convention Articles is accorded in respect of the premises of a diplomatic mission. 8 The Bank shall have exemption from customs duties and taxes on the importation of goods imported by or on behalf of the Bank for its official use in the United Kingdom, or on the importation of any publications of the Bank imported by it or on its behalf, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue. 9 The Bank shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods imported or exported by the Bank for its official use and in the case of any publications of the Bank imported or exported by it. 10 The Bank shall have 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 and used for the official purposes of the Bank, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements. 11 The Bank shall have relief, under arrangements made by the Secretary of State, by way of refund of purchase tax paid on any goods which are used for the official purposes of the Bank, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements. PART III OFFICERS AND EXPERTS 12 Except in so far as in any particular case any privilege or immunity is waived by the Board of Directors or the President of the Bank, any Governor, Director, alternate, officer and employee of the Bank and any expert performing a mission for the Bank shall enjoy:— a immunity from suit and legal process in respect of things done or omitted to be done by him in the course of the performance of his official duties, except in relation to a civil action arising out of an accident caused by a motor vehicle belonging to the Bank or operated on its behalf or to a traffic offence committed by him when driving such a vehicle; and b unless he is a citizen of the United Kingdom and Colonies or permanently resident in the United Kingdom, exemption from income tax in respect of emoluments received by him as an officer or employee of the Bank or as an except performing a mission for the Bank. W.G. Agnew