S.I. No. 186/1992:

INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION DAMAGE (PRIVILEGES AND IMMUNITIES) ORDER, 1992.

INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION DAMAGE (PRIVILEGES AND IMMUNITIES) ORDER, 1992.

WHEREAS it is enacted by section 42A (inserted by section 1 of the Diplomatic Relations and Immunities (Amendment) Act, 1976 (No. 2 of 1976)) of the Diplomatic Relations and Immunities Act, 1967 (No. 8 of 1967), that the Government may by order make provision to enable international organisations, communities or bodies, their institutions or organs and their property, and persons to have and enjoy in the State any inviolability, exemptions, facilities, immunities, privileges or rights provided for in relation to them by an international agreement to which the State or the Government is or intends to become a party;

AND WHEREAS the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, done at Brussels on the 18th day of December, 1971, is such an agreement;

NOW, the Government, in exercise of the powers conferred on them by the said section 42A, hereby order as follows:

1. This Order may be cited as the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Privileges and Immunities) Order, 1992.

2. Articles 2 (2), 7 (2), 7 (4), 8, 28 (2), 30 and 34 (the texts of which, in the English language, are, for convenience of reference, set out in the Schedule to this Order) of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, done at Brussels on the 18th day of December, 1971, shall apply for the purposes of section 42A (inserted by section 1 of the Diplomatic Relations and Immunities Act, 1976 (No. 2 of 1976)) of the Diplomatic Relations and Immunities Act, 1967 (No. 8 of 1967).

SCHEDULE.

Article 2.

Texts of Articles 2 (2), 7 (2), 7 (4), 8, 28 (2), 30 and 34 of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage.

Article 2.

2. The Fund shall in each Contracting State be recognized as a legal person capable under the laws of that State of assuming rights and obligations and of being a party in legal proceedings before the courts of that State. Each Contracting State shall recognize the Director of the Fund (hereinafter referred to as "The Director") as the legal representative of the Fund.

Article 7.

2. Each Contracting State shall ensure that its courts possess the necessary jurisdiction to entertain such actions against the Fund as are referred to in paragraph 1.

4. Each Contracting State shall ensure that the Fund shall have the right to intervene as a party to any legal proceedings instituted in accordance with Article IX of the Liability Convention before a competent court of that State against the owner of a ship or his guarantor.

Article 8.

Subject to any decision concerning the distribution referred to in Article 4, paragraph 5, any judgement given against the Fund by a court having jurisdiction in accordance with Article 7, paragraphs 1 and 3, shall, when it has become enforceable in the State of origin and is in that State no longer subject to ordinary forms of review, be recognized and enforceable in each Contracting State on the same conditions as are prescribed in Article X of the Liability Convention.

Article 28.

2. The Director shall be the legal representative of the Fund.

Article 30.

In the performance of their duties the Director and the staff and experts appointed by him shall not seek or receive instructions from any Government or from any authority external to the Fund. They shall refrain from any action which might reflect on their position as international officials. Each Contracting State on its part undertakes to respect the exclusively international character of the responsibilities of the Director and the staff and experts appointed by him, and not to seek to influence them in the discharge of their duties.

Article 34.

1. The Fund, its assets, income, including contributions, and other property shall enjoy in all Contracting States exemption from all direct taxation.

2. When the Fund makes substantial purchases of movable or immovable property, or has important work carried out which is necessary for the exercise of its official activities and the cost of which includes indirect taxes or sales taxes, the Governments of Member States shall take, whenever possible, appropriate measures for the remission or refund of the amount of such duties and taxes.

3. No exemption shall be accorded in the case of duties, taxes or dues which merely constitute payment for public utility services.

4. The Fund shall enjoy exemption from all customs duties, taxes and other related taxes on articles imported or exported by it or on its behalf for its official use. Articles thus imported shall not be transferred either for consideration or gratis on the territory of the country into which they have been imported except on conditions agreed by the Government of that country.

5. Persons contributing to the Fund and victims and owners of ships receiving compensation from the Fund shall be subject to the fiscal legislation of the State where they are taxable, no special exemption or other benefit being conferred on them in this respect.

6. Information relating to individual contributors supplied for the purpose of this Convention shall not be divulged outside the Fund except in so far as it may be strictly necessary to enable the Fund to carry out its functions including the bringing and defending of legal proceedings.

7. Independently of existing or future regulations concerning currency or transfers, Contracting States shall authorize the transfer and payment of any contribution to the Fund and of any compensation paid by the Fund without any restriction.

GIVEN under the Official Seal of the Government, this 25th day of June, 1992.

ALBERT REYNOLDS,

Taoiseach.

EXPLANATORY NOTE.

This Order is made under the Diplomatic Relations and Immunities Act 1967 , as amended, designating the International Oil Pollution Compensation Fund as an Organisation to which Part VIII of the Act applies and makes provision for the purposes of the Act as respects inviolability, exemptions, facilities, immunities, privileges and rights in relation to the organisation.