Singapore legislation

Section 16

of State Immunity Act 1979

Section 16

States entitled to immunities and privileges

(1)

The immunities and privileges conferred by Part 2 apply to any foreign or Commonwealth State other than Singapore; and references to a State include references to —

(a)

the sovereign or other head of that State in his or her public capacity;

(b)

the government of that State; and

(c)

any department of that government,but not to any entity (called in this section a separate entity) which is distinct from the executive organs of the government of the State and capable of suing or being sued.

(2)

A separate entity is immune from the jurisdiction of the courts in Singapore if, and only if —

(a)

the proceedings relate to anything done by it in the exercise of sovereign authority; and

(b)

the circumstances are such that a State would have been so immune.

(3)

If a separate entity (not being a State’s central bank or other monetary authority) submits to the jurisdiction in respect of proceedings in the case of which it is entitled to immunity by virtue of subsection (2), section 15(1) to (4) applies to it in respect of those proceedings as if references to a State were references to the separate entity.

(4)

Property of a State’s central bank or other monetary authority is not to be regarded for the purposes of section 15(4) as in use or intended for use for commercial purposes; and where the bank or authority is a separate entity, section 15(1), (2) and (3) applies to it as if references to a State were references to the bank or authority.

(5)

Section 14 applies to proceedings against the constituent territories of a federal State; and the President may by order provide for the other provisions of this Part to apply to any such constituent territory specified in the order as they apply to a State.

(6)

Where the provisions of Part 2 do not apply to a constituent territory by virtue of any such order, subsections (2) and (3) apply to it as if it were a separate entity.