SOR/2000-23020006

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20196

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FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACTInternational Telecommunication Union Privileges and Immunities OrderP.C.2000-870  20006

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Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs and the Minister of Finance, pursuant to paragraphs 5(1)(a), (b), (c), (f), (g) and (h) of the Foreign Missions and International Organizations Acta, hereby makes the annexed International Telecommunication Union Privileges and Immunities Order.aS.C. 1991, c. 41Interpretation

1The definitions in this section apply in this Order.Convention means the Convention on the Privileges and Immunities of the United Nations set out in Schedule III to the Foreign Missions and International Organizations Act. (Convention)Union means the International Telecommunication Union. ((Union))Vienna Convention means the Vienna Convention on Diplomatic Relations set out in Schedule I to the Foreign Missions and International Organizations Act. (Convention de Vienne)

Privileges and Immunities

2The Union shall have the legal capacities of a body corporate and the privileges and immunities set out in Articles II and III of the Convention.

3Representatives of foreign states that are members of the Union shall have, during their journey to and from the place of a meeting of the Union in Canada, as well as in Canada,(a)the following privileges and immunities set out in Section 11 of Article IV of the Convention, namely,(i)immunity from personal arrest or detention and from seizure of their personal baggage and, in respect of words spoken or written and all acts done by them in their capacity as representatives, immunity from legal process of every kind,(ii)inviolability for all papers and documents,(iii)the right to use codes and to receive papers or correspondence by courier or in sealed bags,(iv)exemption from immigration restrictions, alien registration and national service obligations in Canada when visiting or passing through Canada in the exercise of their functions,(v)the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys, and(vi)such other privileges, immunities and facilities not inconsistent with the foregoing as diplomatic envoys enjoy, except that they shall have no right to claim exemption from customs duties on goods imported (otherwise than as part of their personal baggage) or from excise duties or sales taxes; and(b)the privileges and immunities set out in Sections 12, 13 and 14 of Article IV of the Convention, subject to Sections 15 and 16 of that Article.

4Senior officials of the Union who are not Canadian citizens or permanent residents shall have the privileges and immunities comparable to the privileges and immunities accorded under the Vienna Convention to diplomatic agents.

5Officials of the Union who are not Canadian citizens or permanent residents shall have the following privileges and immunities set out in Section 18 of Article V of the Convention:(a)immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity;(b)exemption from taxation on the salaries and emoluments paid to them by the Union;(c)immunity from national service obligations;(d)immunity from immigration restrictions and alien registration;(e)the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions to the Government of Canada;(f)the same repatriation facilities in time of international crisis as diplomatic envoys; and(g)the right to import free of duty their furniture and effects at the time of first taking up their post in Canada.

6Senior officials and officials of the Union who are Canadian citizens or permanent residents shall have the following privileges and immunities set out in Section 18 of Article V of the Convention:(a)immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity; and(b)the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions to the Government of Canada.

7Experts performing missions for the Union who are not Canadian citizens or permanent residents shall have the privileges and immunities set out in Article VI of the Convention.

8Experts performing missions for the Union who are Canadian citizens or permanent residents shall have, during their journey to and from the place of mission in Canada, as well as in Canada, the following privileges and immunities set out in Section 22 of Article VI of the Convention, subject to the restrictions set out in Section 23 of that Article:(a)in respect of words spoken or written and acts done by them in the course of the performance of their mission, immunity from legal process of every kind, which immunity shall continue to be accorded notwithstanding that the persons concerned are no longer employed on missions for the Union; and(b)inviolability for all papers and documents.

Coming into Force

9This Order comes into force on the day on which it is registered.