Singapore legislation

Regulation 5

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

Regulation 5

Immunities and privileges of ICPO‑INTERPOL

Subregulation 1

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

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

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

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.