Schedule 1Nuclear Safeguards Act (1997 Revision)
Schedule
PART IImmunities and Privileges of the Agency
1The Agency is an organisation of which the United Kingdom and foreign sovereign Powers are members.
2The Agency has the legal capacities of a body corporate.
3The Agency is to be taken to extend to any measure of execution unless in any particular case it expressly waives its immunity.
4The Agency has the same inviolability in respect of its official archives and premises as is accorded in respect of the official archives and premises of a diplomatic mission in accordance with the 1961 Convention Articles.
5The Agency has the same exemption or relief from taxes, other than customs duties and taxes on the importation of goods, as is accorded to a foreign sovereign Power.
6The Agency has the same relief from rates in respect of its premises as is accorded in respect of the premises of a diplomatic mission in accordance with Article 23 of the 1961 Convention Articles.
7The Agency is exempted from customs duties and taxes on the importation of -
(a)goods imported by the Agency for its official use in the Islands; and
(b)publications of the Agency imported by it,
if it complies with arrangements made by the Governor to protect the revenues of the Islands.
8The Agency is exempted from prohibitions and restrictions on the importation or exportation of -
(a)goods imported or exported by the Agency for its official use; and
(b)publications of the Agency imported or exported by it.
9The Agency is relieved (by way of refund) of customs duty on goods brought by it into the Islands and used for its official purposes if it complies with arrangements made for the purpose by the Governor.
PART IIImmunities and Privileges of Officers of the Agency
High Officers
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(1)Subject to paragraphs (2) and (3), the Director General of the Agency, an officer acting on his behalf during his absence from duty and any Deputy Director General or officer of equivalent rank have -
(a)the same -
(i)immunity from suits and legal processes;
(ii)inviolability of residence; and
(iii)exemption or relief from rates and taxes, other than customs duties and taxes on the importation of goods, as are accorded to or in respect of a diplomatic agent;
(b)the same exemptions from customs duties and taxes on the importation of articles, including articles intended for his establishment, imported for his personal use or the use of a member of his family forming part of his household, as are accorded to a diplomatic agent in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles;
(c)the same exemptions and privileges in respect of his baggage as is accorded to a diplomatic agent in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles;
(d)relief (by way of refund) from customs duty on hydrocarbon oil bought by him in the Islands if he complies with arrangements made for the purpose by the Governor.
(2)Paragraph (1) does not apply to a person who is a British citizen, a British Dependent Territories citizen, a British National (Overseas), a British Overseas Citizen or a permanent resident of the Islands.
(3)A privilege or immunity given by paragraph (1) may be waived by the Agency in any particular case.
All Officers
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(1)Subject to paragraphs (2) and (3), an officer of the Agency has -
(a)the same immunity from suits and legal processes in respect of things done or omitted to be done by him in his official capacity; and
(b)the same exemptions from customs duties and taxes on the importation of articles, including articles intended for his establishment, which -
(i)are imported for his personal use or the use of a member of his family forming part of his household at or about the time when he first enters the Islands to take up his post as an officer of the Agency; and
(ii)were in his ownership or possession or that of such a member of his family or which he or such a member of his family was under contract to purchase, immediately before they so entered the Islands, as are accorded to a diplomatic agent in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles.
(2)Paragraph (1) does not apply to an officer of the Agency who is locally recruited and assigned to hourly rates of pay.
(3)A privilege or immunity given by paragraph (1) may be waived by the Agency in any particular case.
PART IIIImmunities and Privileges of Experts of the Agency
12An expert (other than an officer of the Agency) serving on a committee of the Agency or performing a mission for the Agency, including a mission as an inspector under Article XII of the Statute of the Agency or as a project examiner under Article XI of that Statute, has -
(a)immunity from suits and legal processes in respect of things done or omitted to be done by him in the performance of his official functions;
(b)while exercising his functions and during journeys in connection with service on such a committee or mission, the same immunity from personal arrest or detention and from seizure of his personal baggage and the same inviolability for all papers and documents as is accorded to a diplomatic agent; and
(c)while exercising his functions and during journeys in connection with service on such a committee or mission, the same exemptions and privileges in respect of his personal baggage as is accorded to a diplomatic agent in accordance with Article 36 of the 1961 Convention Articles.
PART IVImmunities and Privileges of Families of Officers
13A spouse or minor child of an officer of the Agency who is part of the household of the officer in the Islands has the same immunities and privileges set out in Part II of this Schedule as the officer.