Regulation 3
Legal capacity of MIGA
MIGA is an organisation of the nature indicated in section 2(1) of the Act and shall have the legal capacity of a body corporate.
/akn/sg/act/sub_leg/1948/IOIPA-OR16
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International Organisations (Immunities and Privileges) (Multilateral Investment Guarantee Agency) Order is Singapore Subsidiary Legislation, cited as Subsidiary Legislation IOIPA-OR16 1948, currently marked in force and first recorded in 1948.
Part I
Legal capacity of MIGA
MIGA is an organisation of the nature indicated in section 2(1) of the Act and shall have the legal capacity of a body corporate.
Immunity from suit and legal process
MIGA shall have immunity from any suit and legal process which relates to any personnel matter.
MIGA shall have 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 shall, wherever located and by whomsoever held, be 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 official archives as is accorded in respect of the official archives of an envoy of a foreign sovereign Power accredited to the President of Singapore.
Exemption and relief from certain taxes and rates
MIGA shall have 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 shall have exemption from tax on the importation of goods directly imported by it for its official use in Singapore or for exportation, or on the importation of any of the publications of MIGA directly imported by it, such exemption to be subject to compliance with such conditions as the Director-General of Customs and Excise may prescribe for the protection of revenue.
[Deleted by S 91/2020 wef 06/02/2020]
Citation
This Order may be cited as the International Organisations (Immunities and Privileges) (Multilateral Investment Guarantee Agency) Order.
Definitions
In this Order, unless the context otherwise requires —“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” 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” means the President of MIGA mentioned in Article 30 of the Convention.
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.