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  1. International Cospas-Sarsat Programme Privileges and Immunities Order - SOR/2005-112 (SCHEDULE : Arrangement Between Canada, the Republic of France, the Russian Federation and the United States of America Regarding the Headquarters of the International Cospas-Sarsat Programme)
    International Cospas-Sarsat Programme Privileges and Immunities Order

    [...]

    The governments of Canada, the Republic of France, the Russian Federation and the United States of America, parties to the International Cospas-Sarsat Programme Agreement (herein after referred to as the Programme Agreement);

    [...]

    BEARING IN MIND Article 10 of the Programme Agreement, which provides, inter alia, that the Secretariat shall be the permanent administrative organ for the Programme and shall assist the Cospas-Sarsat Council (herein after referred to as the Council) in the implementation of its functions, that it shall be managed by a Head of Secretariat, and that it shall take direction from the Council in the performance of its functions;

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    1 In this Arrangement:

    • (a) the term Organization means the Cospas-Sarsat Programme, comprising the Council and the Secretariat as described in the Programme Agreement;

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    3 The Organization, its property and assets, wherever located in Canada and by whomsoever held, will enjoy immunity from every form of legal process in Canada except in so far as in any particular case it has expressly waived its immunity. It is, however, understood that no waiver of immunity will extend to any measure of execution except with the express consent of the Organization.

    4 (a) The premises of the Organization's Headquarters will be inviolable. Representatives of the Canadian competent authorities will not enter the premises of the Organization except with the consent of the Head of Secretariat or the person authorized by the Head of Secretariat. However, this consent is presumed to be given in the event of fire or an emergency situation in the premises that creates a direct and serious threat to the life and security of persons.

    • [...]

    • (c) The Organization will not allow its headquarters to be used as a refuge for persons seeking to avoid arrest, or the service or execution of legal process.

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    7 While the Organization will not, as a general rule, claim exemption from excise duties and from taxes on the sale of movable and immovable property which form part of the price to be paid, nevertheless when the Organization is making important purchases for official use of property on which such duties and taxes have been charged or are chargeable, the Organization will, whenever possible, make appropriate administrative arrangements for the remission or return of the amount of duty or tax.

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    9 The Organization will have the right to use codes and cipher and to despatch and receive its correspondence by courier or in bags, which will have the same immunities and privileges as diplomatic couriers and bags.

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    10 Representatives of Member States to meetings and conferences convened by the Organization will enjoy the following privileges and immunities within Canada, while exercising their functions and during their journey to and from the place of meeting:

    • (a) 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;

    • [...]

    • (e) the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys; and also,

    • (f) 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.

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    13 The Officials of the Organization will, within Canada:

    • [...]

    • (e) be given, together with their spouses and relatives dependent on them, the same repatriation facilities in time of international crisis as diplomatic envoys;

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    16 Experts performing missions for the Organization will be accorded within Canada such privileges and immunities as are necessary for the independent exercise of their functions during the period of their missions. In particular they will be accorded:

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    • (e) the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions;

    • (f) the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys.

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    24 Nothing in this Arrangement will be construed as in any way limiting the right of Canadian authorities to refuse entry into Canada to individuals for reasons of national security, provided that the Organization will be immediately informed in the event that the Government of Canada finds it necessary to take such action in relation to any person enumerated in the Arrangement.

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    29 Unless terminated in accordance with paragraph 28 above, this Arrangement will remain in effect for as long as the Programme Agreement remains in force and will be automatically terminated at the date the Programme Agreement ceases to be in force.

    [...]


  2. International Cospas-Sarsat Programme Privileges and Immunities Order - SOR/2005-112 (Section 1)
    International Cospas-Sarsat Programme Privileges and Immunities Order

     The following definitions apply in this Order.

    Organization

    Organization means the international organization known as the International Cospas-Sarsat Programme, comprised of the Council and the Secretariat established under the Cospas-Sarsat Programme Agreement. (Organisation)



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