/akn/sg/act/sub_leg/1948/IOIPA-OR25

International Organisations (Immunities and Privileges) (ICPO-INTERPOL) Order 2012

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Type
Subsidiary Legislation
Status
In force
Enacted
1948
Sections
11

Quick answer

About this subsidiary legislation

International Organisations (Immunities and Privileges) (ICPO-INTERPOL) Order 2012 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation IOIPA-OR25 1948, currently marked in force and first recorded in 1948.

Regulation 1

Citation

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This Order is the International Organisations (Immunities and Privileges) (ICPO-INTERPOL) Order 2012.

Regulation 2

Definitions

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In this Order ––“Complex” means the INTERPOL Global Complex for Innovation in Singapore;“Executive Committee” means the Executive Committee of ICPO‑INTERPOL;“ICPO‑INTERPOL” means The International Criminal Police Organization‑INTERPOL;“Secretary General” means the Secretary General of ICPO‑INTERPOL.

Definition

“Complex” means the INTERPOL Global Complex for Innovation in Singapore;

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Definition

“Executive Committee” means the Executive Committee of ICPO‑INTERPOL;

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Definition

“ICPO‑INTERPOL” means The International Criminal Police Organization‑INTERPOL;

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Definition

“Secretary General” means the Secretary General of ICPO‑INTERPOL.

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Regulation 3

Status of ICPO‑INTERPOL

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Subregulation 1

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ICPO‑INTERPOL is an organisation of which the Government and the governments of foreign sovereign Powers are members.

Subregulation 2

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ICPO‑INTERPOL has the legal capacities of a body corporate.

Regulation 4

Immunities and privileges of Complex

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Subregulation 1

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The premises of the Complex have the like inviolability as is accorded in respect of the official premises of an envoy of a foreign sovereign Power accredited to the Republic of Singapore, and no public officer or officer of a statutory body may enter those premises except with the consent of the Secretary General or the Executive Director of the Complex.

Subregulation 2

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The consent mentioned in sub‑paragraph (1) is implied in the case of fire or any other disaster requiring immediate action.

Subregulation 3

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ICPO‑INTERPOL must not permit the premises of the Complex to be used as a refuge for avoiding arrest under the laws of Singapore or in any other manner incompatible with its purposes.

Regulation 5

Immunities and privileges of ICPO‑INTERPOL

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Subregulation 1

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ICPO‑INTERPOL enjoys immunity from suit and legal process for acts done in the performance of its functions, except in the following cases:

(a)

a civil action based on contractual obligations of ICPO‑INTERPOL;

(b)

a civil claim for damages arising from an accident caused by a motor vehicle belonging to ICPO‑INTERPOL or used on its behalf, or from a violation of a written law relating to motor vehicle traffic involving a motor vehicle belonging to ICPO‑INTERPOL or used on its behalf;

(c)

a counter claim directly linked to proceedings begun as a main action by ICPO‑INTERPOL;

(d)

where ICPO‑INTERPOL has expressly waived its immunity.

Subregulation 2

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The property and assets of ICPO‑INTERPOL (excluding land and immovable property) which are utilised by the Complex, wherever located and by whomsoever held, are immune from seizure, confiscation or other form of judicial constraint, except in the following cases:

(a)

a civil action based on contractual obligations of ICPO‑INTERPOL;

(b)

a civil claim for damages arising from an accident caused by a motor vehicle belonging to ICPO‑INTERPOL or used on its behalf, or from a violation of a written law relating to motor vehicle traffic involving a motor vehicle belonging to ICPO‑INTERPOL or used on its behalf;

(c)

if such constraint is necessary as a temporary measure in order to prevent accidents involving a motor vehicle owned by ICPO‑INTERPOL or used on its behalf, or in order to conduct an inquiry in connection with such an accident;

(d)

a counter claim directly linked to proceedings begun as a main action by ICPO‑INTERPOL.

Subregulation 3

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ICPO‑INTERPOL has the like exemption or relief from the following taxes as may be accorded to a foreign sovereign Power:

(a)

income tax on its income;

(b)

property tax in respect of any property owned by ICPO‑INTERPOL and utilised by the Complex;

(c)

stamp duty in respect of any property acquired or rented for the performance of the administrative or technical functions of the Complex;

(d)

goods and services tax in respect of goods sold and services rendered to the Complex for its official activities; (e)all customs duty and vehicles taxes (including goods and services tax, the fee for a certificate of entitlement, registration fee and additional registration fee) for up to 8 motor vehicles owned by ICPO‑INTERPOL; (f)goods and services tax and customs and excise duties on the import of any administrative, scientific and technical material necessary for the official performance of the Complex’s functions, and any publication relating to its activities.

Subregulation 4

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All goods mentioned in sub‑paragraph (3)(d) must not be transferred, whether temporarily or permanently, to any other person in Singapore except on terms agreed between the Government and ICPO‑INTERPOL.

Regulation 6

Immunities and privileges of delegates, observers, Executive Committee members, advisers and experts

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Subregulation 1

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Each of the following persons, in the exercise of his or her functions and the accomplishment of his or her mission, while in Singapore and also (where applicable) during journeys made to or from the meeting place, enjoys the immunities and privileges set out in sub‑paragraph (2):

(a)

delegates from foreign sovereign Powers which are members of ICPO‑INTERPOL, and observers attending conferences or meetings convened by ICPO‑INTERPOL;

(b)

members of the Executive Committee;

(c)

advisers and experts on mission to the Complex, and persons officially requested by ICPO‑INTERPOL to perform duties within the Complex.

Subregulation 2

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The immunities and privileges are —

(a)

immunity from arrest and detention, except if caught in the act of committing an offence; and

(b)

immunity from suit and legal process (even after completion of his or her mission) for acts performed in connection with his or her official duties and within the limits of his or her official capacity, provided that the immunity does not apply in the case of an offence against the written law relating to motor vehicle traffic committed by him or her, or of damage caused by a motor vehicle belonging to or driven by him or her.

Regulation 7

Immunities and privileges of Secretary General and directors of Complex

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Subregulation 1

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Each of the following persons enjoys the privileges and immunities set out in sub‑paragraph (2):

(a)

the Secretary General;

(b)

5 directors of the Complex who are duly accredited to the Government.

Subregulation 2

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The privileges and immunities are —

(a)

immunity from suit and legal process (even after he or she has ceased to serve ICPO‑INTERPOL) in respect of all official acts performed by him or her in connection with his or her official duties and strictly within the limits of his or her official capacity;

(b)

exemption from taxation on his or her salary and emoluments paid to him or her by ICPO‑INTERPOL and derived from activities connected with the functions of the Complex;

(c)

exemption from customs duty when importing furniture and personal effects within 6 months after first taking up his or her post in Singapore;

(d)

exemption from customs and excise duty and vehicle taxes (including goods and services tax, the fee for a certificate of entitlement, registration fee and additional registration fee) when importing or purchasing one motor vehicle for personal use;

(e)

exemption from customs and excise duties when purchasing petroleum of premium or intermediate grade;

(f)

exemption from foreign domestic worker levy in respect of 3 (in the case of the Secretary General) or 2 (in the case of a director of the Complex) foreign domestic workers employed by him or her;

(g)

exemption from customs and excise duties when purchasing liquor and tobacco from a licensed warehouse within the meaning of the Customs Act 1960; and

(h)

exemption from taxes in respect of water supplied by the Public Utilities Board to his or her residence in Singapore.

Subregulation 3

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The immunity under sub‑paragraph (2)(a) does not apply in the case of an offence against the written law relating to motor vehicle traffic committed by him or her, or of damage caused by a motor vehicle belonging to or driven by him or her.

Subregulation 4

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The privilege under sub‑paragraph (2)(d) also applies to the spouse of the Secretary General or a director of the Complex.

Regulation 8

Immunities and privileges of Complex staff

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Subregulation 1

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Every member of the staff of the Complex other than the Secretary General or a director of the Complex, who is duly accredited to the Government, enjoys the privileges and immunities set out in sub‑paragraph (2).

Subregulation 2

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The privileges and immunities mentioned in sub‑paragraph (1) are —

(a)

immunity from suit and legal process (even after he or she has ceased to serve ICPO‑INTERPOL) in respect of all official acts performed by him or her in connection with his or her official duties and strictly within the limits of his or her official capacity; and

(b)

exemption from taxation on his or her salary and emoluments paid to him or her by ICPO‑INTERPOL and derived from activities connected with the functions of the Complex.

Subregulation 3

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The immunity under sub‑paragraph (2)(a) does not apply in the case of an offence against the written law relating to motor vehicle traffic committed by him or her, or of damage caused by a motor vehicle belonging to or driven by him or her.

Regulation 9

Non-application of Part 4 of Second Schedule to Act

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Except as provided in paragraph 7(4), Part 4 of the Second Schedule to the Act does not apply to extend any immunity or privilege conferred by this Order to any person.

Regulation 10

Waiver of immunity

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Subregulation 1

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Any immunity or privilege under this Order (other than one enjoyed by the Secretary General) is to be waived by the Secretary General if it impedes the course of justice; but the waiver does not prejudice the interests of ICPO‑INTERPOL.

Subregulation 2

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Any immunity or privilege of the Secretary General under this Order may be waived by the Executive Committee.

Regulation 11

Non-application of immunities and privileges

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Subregulation 1

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Despite anything in this Order, no immunity or privilege under paragraph 6 or 7 may be enjoyed by any person who is a citizen or permanent resident of Singapore.

Subregulation 2

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Nothing in this Order affects the right of the Government to take any measure that it considers useful to safeguard national security, public safety or health, or to maintain law and order.

Common questions

What is International Organisations (Immunities and Privileges) (ICPO-INTERPOL) Order 2012?
International Organisations (Immunities and Privileges) (ICPO-INTERPOL) Order 2012 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation IOIPA-OR25 1948, currently marked in force and first recorded in 1948.
Is International Organisations (Immunities and Privileges) (ICPO-INTERPOL) Order 2012 still in force?
Yes — International Organisations (Immunities and Privileges) (ICPO-INTERPOL) Order 2012 is currently in force.
When did International Organisations (Immunities and Privileges) (ICPO-INTERPOL) Order 2012 take effect?
International Organisations (Immunities and Privileges) (ICPO-INTERPOL) Order 2012 was first recorded in 1948.
How many regulations does International Organisations (Immunities and Privileges) (ICPO-INTERPOL) Order 2012 have?
International Organisations (Immunities and Privileges) (ICPO-INTERPOL) Order 2012 contains 11 regulations.
Where can I read the official version of International Organisations (Immunities and Privileges) (ICPO-INTERPOL) Order 2012?
The official text of International Organisations (Immunities and Privileges) (ICPO-INTERPOL) Order 2012 is published at sso.agc.gov.sg.