Regulation 3
Legal capacity of MIGA
MIGA is an organisation of the nature indicated in section 2(1) of the Act and has the legal capacity of a body corporate.
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International Organisations (Immunities and Privileges) (Multilateral Investment Guarantee Agency) Order 2002 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation IOIPA-OR16 1948, currently marked in force and first recorded in 1948.
Part 1
Legal capacity of MIGA
MIGA is an organisation of the nature indicated in section 2(1) of the Act and has the legal capacity of a body corporate.
Immunity from suit and legal process
MIGA has immunity from any suit and legal process which relates to any personnel matter.
MIGA has immunity from any suit or legal process brought by —
a member of MIGA, an agency of such member, or a person acting for or deriving any claim from such member; or
a State which has ceased to be a member of MIGA or an agency of such State.
The property and assets of MIGA, wherever located and by whomsoever held, are immune from any legal process relating to the seizure, attachment or execution of such property or assets for the purpose of satisfying any judgment or award against MIGA, except in the case of a final judgment or award.
Inviolability of official archives
MIGA has the like inviolability of its official archives as is accorded in respect of the official archives of an envoy of a foreign sovereign Power accredited to the President.
Exemption and relief from certain taxes and rates
MIGA has the like exemption or relief from taxes and rates, other than import, export or excise duties on any article, as is accorded to a foreign sovereign Power.
Exemption from tax on importation of goods
MIGA has exemption from tax on the importation of —
goods directly imported by it for its official use in Singapore or for exportation; and (b)any of the publications of MIGA directly imported by it, subject to compliance with any condition that the Director‑General of Customs may prescribe for the protection of revenue.
[Deleted by S 91/2020]
Part 2
Immunity and exemptions for high officials
Each of the following persons enjoys immunity from legal process in respect of acts performed by the person in his or her official capacity:
a Governor and his or her alternate;
a Director and his or her alternate;
the President of MIGA.
Each of the following persons enjoys exemption from taxation on or in respect of salaries, expense allowances and other emoluments paid to him or her by MIGA:
the Chairman;
a Director and his or her alternate;
the President of MIGA.
Each Governor and his or her alternate enjoy exemption from taxation on or in respect of expense allowances paid to him or her by MIGA.
Sub‑paragraphs (2) and (3) do not apply to any person who is a citizen or permanent resident of Singapore.
Part 3
Immunity and exemption for staff
Each member of the staff of MIGA enjoys —
immunity from legal process in respect of acts performed by the member in his or her official capacity; and
exemption from taxation on or in respect of salaries, expense allowances and other emoluments paid to him or her by MIGA.
The exemption under sub‑paragraph (1)(b) does not apply to any member of the staff of MIGA who is a citizen or permanent resident of Singapore.
Part 4
Waiver of immunities and privileges
Any immunity or privilege under this Order may be waived by MIGA to such extent and upon such conditions as MIGA may determine, except where the waiver prejudices the interests of MIGA.
Any immunity or privilege under this Order is to be waived by MIGA if MIGA is of the opinion that the immunity or privilege —
impedes the course of justice; and
can be waived without prejudicing the interests of MIGA.
Citation
This Order is the International Organisations (Immunities and Privileges) (Multilateral Investment Guarantee Agency) Order 2002.
Definitions
In this Order —“asset” includes the assets of the Sponsorship Trust Fund referred to in Annex I of the Convention and other assets administered by MIGA in furtherance of its objective;“Chairman” means the person selected as Chairman by the Council of Governors under Article 31(b) of the Convention;“Convention” means the Convention Establishing the Multilateral Investment Guarantee Agency;“Director” means a member of the Board of Directors mentioned in Article 30 of the Convention;“Governor” means a member of the Council of Governors mentioned in Article 30 of the Convention;“member” means a State which is a party to the Convention;“MIGA” means the Multilateral Investment Guarantee Agency established under the Convention;“President of MIGA” means the President of MIGA mentioned in Article 30 of the Convention.
“asset” includes the assets of the Sponsorship Trust Fund referred to in Annex I of the Convention and other assets administered by MIGA in furtherance of its objective;
“Chairman” means the person selected as Chairman by the Council of Governors under Article 31(b) of the Convention;
“Convention” means the Convention Establishing the Multilateral Investment Guarantee Agency;
“Director” means a member of the Board of Directors mentioned in Article 30 of the Convention;
“Governor” means a member of the Council of Governors mentioned in Article 30 of the Convention;
“MIGA” means the Multilateral Investment Guarantee Agency established under the Convention;
“President of MIGA” means the President of MIGA mentioned in Article 30 of the Convention.