SOR/2004-156200406

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20196

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FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACTInternational Criminal Court Privileges and Immunities OrderP.C.2004-770200406

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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 subsections 5(1) a and (2) b of the Foreign Missions and International Organizations Actc, hereby makes the annexed International Criminal Court Privileges and Immunities Order.aS.C. 2002, c.12, s.3bS.C. 1995, c.5, par. 25(1)(n)cS.C. 1991, c.41Interpretation

1The following definitions apply in this Order.Agreement means the Agreement on the Privileges and Immunities of the International Criminal Court adopted under the Rome Statute by the Assembly. (Accord)Assembly means the Assembly of States Parties established under Article 112 of the Rome Statute. (Assemblée)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)International Criminal Court means the International Criminal Court established by the Rome Statute. (Cour pénale internationale)Rome Statute has the meaning assigned to that term in subsection 2(1) of the Crimes Against Humanity and War Crimes Act. (Statut de Rome)

Privileges and Immunities

2(1)The International Criminal Court shall have in Canada the legal capacities of a body corporate and, to the extent specified in the Agreement, the privileges and immunities set out in Articles II and III of the Convention.(2)Subject to subsection (4), representatives of a foreign state that is a member of or that participates in the Assembly shall have in Canada, to the extent specified in the Agreement, the privileges and immunities set out in Article IV of the Convention.(3)Subject to subsection (4), judges, officials and staff of the International Criminal Court and counsel, experts, witnesses and other persons required to be present at the seat of that Court shall have the privileges and immunities set out in Article 48 of the Rome Statute and in the Agreement.(4)This Order does not exempt permanent residents of Canada and Canadian citizens from liability for taxes or duties imposed by any law in Canada.

Coming into Force

3This Order comes into force on the day on which it is registered.