Order Respecting the Privileges and Immunities of the United Nations Educational, Scientific and Cultural Organization and Its Institute for Statistics (SOR/2002-401)

Interpretation

1 The following definitions apply in this Order.

Act

Act means the Foreign Missions and International Organizations Act. (Loi)

Convention on Privileges and Immunities

Convention on Privileges and Immunities means the Convention on the Privileges and Immunities of the United NationsFootnote ¹ set out in Schedule III to the Act. (Convention sur les privilèges et immunités)

• Return to footnote ¹The Regulations Clarifying the Application of Provisions of the Convention on the Privileges and Immunities of the United Nations deal with the application of the privileges and immunities set out in the Convention to common-law partners and minor children.

Director-General

Director-General means the Director-General of UNESCO. (directeur général)

Institute

Institute means the UNESCO Institute for Statistics located in Montreal. (Institut)

permanent resident

permanent resident has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent)

UNESCO

UNESCO means the United Nations Educational, Scientific and Cultural Organization. (UNESCO)

Vienna Convention

Vienna Convention means the Vienna Convention on Diplomatic Relations set out in Schedule I to the Act. (Convention de Vienne)

Legal Capacity

2 UNESCO has the legal capacities of a body corporate.

Privileges and Immunities of UNESCO

Convention on Privileges and Immunities

3 UNESCO has the privileges and immunities set out in Articles II and III of the Convention on Privileges and Immunities to the extent that they are specified in sections 4 to 10.

Property, Funds and Assets

• 4 (1) UNESCO, its property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except in so far as in any particular case UNESCO has expressly waived its immunity. No waiver of immunity extends to any measure of execution except with UNESCO’s express consent.

• (2) The property and assets of UNESCO, wherever located and by whomsoever held, are immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.

5 Without being restricted by financial controls, regulations or moratoria of any kind, UNESCO may

• (a) hold funds, gold or currency of any kind and operate accounts in any currency;

• (b) transfer its funds, gold or currency from Canada to another country, to Canada from another county or within Canada; and

• (c) convert any currency held by it into any other currency.

6 The premises of UNESCO are inviolable, subject to the application of fire or safety regulations.

7 The archives of UNESCO, and in general all documents belonging to it or held by it, are inviolable, wherever located.

• 8 (1) UNESCO, its assets, income and other property are

  • (a) exempt from all direct taxes other than taxes that are, in fact, no more than charges for public utility services;

  • (b) exempt from customs duties and prohibitions and restrictions on imports and exports in respect of articles imported or exported by UNESCO for its official use so long as those articles are not sold in Canada except under conditions agreed with the Government of Canada; and

  • (c) exempt from customs duties and prohibitions and restrictions on imports and exports in respect of its publications.

• (2) UNESCO shall 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 UNESCO is making important purchases for official use of property on which such duties and taxes have been charged or are chargeable, the Government of Canada shall, whenever possible, make appropriate administrative arrangements for the remission or return of the amount of duty or tax.

Communications

• 9 (1) UNESCO shall enjoy for its official communications treatment not less favourable than that accorded by the Government of Canada to any other Government, including the latter’s diplomatic mission, in the matter of priorities, rates and taxes on mails, cables, telephone and other communications, and press rates for information to the press and radio.

• (2) No censorship shall be applied to the official correspondence and other official communications of UNESCO.

10 UNESCO has the right to use codes and to dispatch and receive its correspondence by courier or in bags, which have the same immunities and privileges as diplomatic couriers and bags.

Representatives of Foreign States

• 11 (1) In this section, representatives of a member means representatives of a foreign state that is a member of UNESCO and includes all delegates, deputy delegates, advisers, technical experts and secretaries of delegations of the foreign state.

• (2) The representatives of a member have the privileges and immunities set out in Article IV of the Convention on Privileges and Immunities to the extent that they are specified in this section.

• (3) Representatives of a member to the principal and subsidiary organs of UNESCO and to conferences convened by UNESCO or by the Institute on UNESCO’s behalf shall, while exercising their functions and during their journey to and from the place of meeting in Canada, enjoy the following privileges and immunities:

  • (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 of a member, immunity from legal process of every kind;

  • (b) inviolability for all papers and documents;

  • (c) the right to use codes and to receive papers or correspondence by courier or in sealed bags;

  • (d) exemption in respect of themselves and their spouses from immigration restrictions, alien registration or national service obligations while they visit or pass through Canada in the exercise of their functions;

  • (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; and

  • (g) such other privileges, immunities and facilities not inconsistent with the foregoing as diplomatic envoys enjoy, except that they 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.

• (4) In order to secure, for the representatives of a member to the principal and subsidiary organs of UNESCO and to conferences convened by UNESCO or the Institute in UNESCO’s name, complete freedom of speech and independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties continues to be accorded, notwithstanding that the persons concerned are no longer representatives of a member.

• (5) Where the incidence of any form of taxation depends upon residence, periods during which the representatives of a member to the principal and subsidiary organs of UNESCO and to conferences convened by UNESCO or by the Institute in UNESCO’s name are present in Canada for the discharge of their duties are not considered as periods of residence.

• (6) Privileges and immunities are accorded to the representatives of a member not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with UNESCO.

• (7) A foreign state not only has the right but is under a duty to waive the immunity of its representative in any case where in the opinion of the foreign state the immunity would impede the course of justice, and it can be waived without prejudice to the purpose for which the immunity is accorded.

• (8) Subsections (3) to (5) do not apply in respect of a Canadian citizen or a permanent resident.

Senior Officials

• 12 (1) The following senior officials, if they are not Canadian citizens or permanent residents, are designated under paragraph 5(1)(f) of the Act:

  • (a) the Director-General; and

  • (b) any other official of UNESCO who holds a position equivalent to the position of Deputy Secretary-General of the United Nations.

• (2) Designated senior officials have the privileges and immunities comparable to the privileges and immunities accorded to diplomatic agents under the Vienna Convention.

• (3) Privileges and immunities are granted to designated senior officials in the interests of UNESCO and not for the personal benefit of the individuals themselves.

• (4) The Director-General has the right and the duty to waive the immunity granted to a designated senior official in any case where, in the opinion of the Director-General, the immunity would impede the course of justice and can be waived without prejudice to the interests of UNESCO. In the case of the Director-General, the General Conference of UNESCO has the right to waive immunity.

Other Officials

• 13 (1) The following officials are designated under paragraph 5(1)(g) of the Act:

  • (a) the Director-General and any other official of UNESCO who holds a position equivalent to the position of Deputy Secretary-General of the United Nations, if they are Canadian citizens or permanent residents;

  • (b) all other officials of UNESCO who are not designated under subsection 12(1).

• (2) Designated officials have the privileges and immunities set out in section 18 of Article V of the Convention on Privileges and Immunities to the extent that they are specified in this section.

• (3) Designated officials shall

  • (a) be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity;

  • (b) if they are not Canadian citizens or permanent residents, be exempt from taxation on the salaries and emoluments paid to them by UNESCO;

  • (c) be immune, together with their spouses and relatives dependent on them, from immigration restrictions and alien registration;

  • (d) be immune from national service obligations;

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

  • (f) be accorded 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; and

  • (g) have the right to import free of duty their furniture and effects at the time of first taking up their post in Canada.

• (4) Privileges and immunities are granted to designated officials in the interests of UNESCO and not for the personal benefit of the individuals themselves.

• (5) The Director-General has the right and the duty to waive the immunity of any designated official in any case where, in the opinion of the Director-General, the immunity would impede the course of justice and can be waived without prejudice to the interests of UNESCO.

Experts

• 14 (1) Experts who perform missions for UNESCO are designated under paragraph 5(1)(h) of the Act and have the privileges and immunities set out in Article VI of the Convention on Privileges and Immunities to the extent that they are specified in this section.

• (2) Designated experts performing missions for UNESCO shall be accorded such privileges and immunities as are necessary for the independent exercise of their functions during the period of their missions, including the time spent on journeys in connection with their missions. In particular they shall be accorded

  • (a) immunity from personal arrest or detention and from seizure of their personal baggage;

  • (b) 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;

  • (c) inviolability for all papers and documents;

  • (d) for the purpose of their communications with UNESCO, the right to use codes and to receive papers or correspondence by courier or in sealed bags;

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

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

• (3) The immunity from legal process described in paragraph (2)(b) continues to be enjoyed notwithstanding that the persons concerned are no longer employed on missions for UNESCO.

• (4) Privileges and immunities are granted to designated experts in the interests of UNESCO and not for the personal benefit of the individuals themselves.

• (5) The Director-General has the right and the duty to waive the immunity of any designated expert in any case where, in the opinion of the Director-General, the immunity would impede the course of justice and can be waived without prejudice to the interests of UNESCO.