
PART I
1 
This Order may be cited as the International Cocoa Organization
(Immunities and Privileges) Order 1975. It shall come into operation on the
date on which the Headquarters Agreement
between the Government of the United Kingdom of Great Britain and Northern
Ireland and the International Cocoa Organization enters into force. This date shall be notified in the London,
Edinburgh and Belfast Gazettes.
2 

(1) For the purposes of this Order, the official
activities of the International Cocoa Organization shall include its administrative
activities and those undertaken pursuant to the 
International Cocoa Agreement, 1972 or any succeeding agreement.
(2) In this Order 
“the 1961 Convention Articles” means the Articles (being certain Articles of the 
Vienna Convention on Diplomatic Relations signed in 1961
) which are set out in 
Schedule 1 to the Diplomatic Privileges
Act 1964.
(3) The 
Interpretation Act 1889 shall apply for the
interpretation of this Order as it applies for the interpretation of an Act
of Parliament, and as if this Order and the Orders hereby revoked were Acts
of Parliament.
3 
The International
Cocoa Organization (Immunities and Privileges) Order 1973 and the 
International Cocoa Organization (Immunities and Privileges) (No. 2) Order
1973
are hereby revoked.
PART II
4 
The International Cocoa Organization
(hereinafter referred to as the Organization) is an organisation of which
Her Majesty's Government in the United Kingdom and the Governments of foreign
sovereign Powers are members.
5 
The Organization shall have the legal
capacities of a body corporate.
6 

(1) The Organization shall have immunity
from suit and legal process except:—
(a) to the extent that the Organization shall
have expressly waived such immunity in a particular case;
(b) in respect of a civil action by a third
party for damage arising from an accident caused by a motor vehicle belonging
to, or operated on behalf of, the Organization, or in respect of a motor traffic
offence involving such a vehicle; or
(c) in respect of the enforcement of an arbitration
award made under Article 24
or Article 25 of the 
Headquarters Agreement between the Government of
the United Kingdom of Great Britain and Northern Ireland and the International
Cocoa Organization.
(2) The provisions of the preceding paragraph
shall not prevent the taking of such measures as may be permitted by law in
relation to the property and assets of the Organization in so far as they
may be temporarily necessary in connection with the prevention of, and investigation
into, accidents involving motor vehicles belonging to, or operated on behalf
of, the Organization.
7 

(1) The Organization shall have the like
inviolability of official archives as, in accordance with the 
1961 Convention Articles, is accorded in respect
of the official archives of a diplomatic mission.
(2) The Organization shall have the like
inviolability of premises as, in accordance with the 
1961 Convention Articles, is accorded in respect
of the premises of a diplomatic mission, provided that nothing in this paragraph
shall preclude service of legal process by post.
8 
Within the scope of its official, activities,
the Organization shall have the like exemption or relief from taxes, other
than customs duties and taxes on the importation of goods, as is accorded
to a foreign sovereign Power.
9 
The Organization shall have the like
relief from rates on its official premises as, in accordance with 
Article 23 of the 1961 Convention Articles
, is accorded in respect of the premises of
a diplomatic mission.
10 
The Organization shall have exemption
from customs duties and taxes on the importation of goods imported by the
Organization and necessary for the exercise of its official activities, or
on the importation of any publications of the Organization imported by it,
such exemption to be subject to compliance with such conditions as the Commissioners
of Customs and Excise may prescribe for the protection of the Revenue.
11 
The Organization shall have exemption
from prohibitions and restrictions on importation or exportation in the case
of goods imported or exported by the Organization and necessary for the exercise
of its official activities and in the case of any publications of the Organization
imported or exported by it.
12 
The Organization shall have relief,
under arrangements made by the Commissioners of Customs and Excise, by way
of refund of customs duty paid on any hydrocarbon oil (within the meaning
of the Hydrocarbon Oil (Customs
and Excise) Act 1971) which is bought in the
United Kingdom and necessary for the exercise of the official activities of
the Organization, such relief to be subject to compliance with such conditions
as may be imposed in accordance with the arrangements.
13 
The Organization shall have relief,
under arrangements made by the Secretary of State, by way of refund of car
tax paid on any vehicles and value added tax paid on the supply of any goods
or services which are necessary for the exercise of the official activities
of the Organization, such relief to be subject to compliance with such conditions
as may be imposed in accordance with the arrangements.
PART III
14 

(1) Except in so far as in any particular
case any privilege or immunity is waived by the Government of the Member country
or by the intergovernmental organisation whom they represent, representatives
of Member countries of the Organization, and of intergovernmental Organisations
participating in the International Cocoa Agreement,
1972 in accordance with 
Article 4 thereof or a corresponding article
in any succeeding agreement, shall enjoy:—
(a) immunity from suit and legal process
in respect of things done or omitted to be done by them in the exercise of
their functions, except in the case of a motor traffic offence committed by
a representative or in the case of damage caused by a motor vehicle belonging
to or driven by him;
(b) while exercising their functions and
during their journeys to and from the place of meetings convened by the Organization,
the like immunity from personal arrest or detention and the like inviolability
for all their official papers and documents as is accorded to a diplomatic
agent;
(c) while exercising their functions and
during their journeys to and from the place of meetings convened by the Organization,
the like exemptions and privileges in respect of their personal baggage as,
in accordance with Article 36
of the 1961 Convention Articles,
are accorded to a diplomatic agent.
(2) Part IV
of Schedule 1 to the Act shall not operate
so as to confer any privilege or immunity on the official staff of representatives
other than alternate representatives.
(3) Neither the provisions of the preceding
paragraphs of this Article nor those of Part
IV of Schedule 1 to the Act shall operate so
as to confer any privilege or immunity on any person as the representative
or alternate representative of Her Majesty's Government in the United Kingdom
or on any person who is a citizen of the United Kingdom and Colonies.
(4) Part IV
of Schedule 1 to the Act shall not operate
so as to confer any privilege or immunity on families of representatives or
alternate representatives.
PART IV
15 

(1) Except in so far as in any particular
case any privilege or immunity is waived by the Council of the Organization,
there shall be accorded to or in respect of the Executive Director of the
Organization and, in his absence or incapacitation, the officer designated
to act in his place:—
(a) the like immunity from suit and legal
process, the like inviolability of residence and the like exemption or relief
from taxes and rates, other than income tax in respect of his emoluments and
customs duties and taxes on the importation of goods, as are accorded to or
in respect of a diplomatic agent;
(b) the like exemption from customs duties
and taxes on the importation of articles imported for his personal use of
the use of members of his family forming part of his household, including
articles intended for his establishment as, in accordance with 
paragraph 1 of Article 36 of the 1961
Convention Articles, is accorded to a diplomatic
agent;
(c) the like exemption and privileges in
respect of his personal baggage as, in accordance with 
paragraph 2 of Article 36 of the 1961
Convention Articles, are accorded to a diplomatic
agent;
(d) relief, under arrangements made by the
Commissioners of Customs and Excise, by way of refund of customs duty paid
on any hydrocarbon oil (within the meaning of the 
Hydrocarbon Oil (Customs and Excise) Act 1971)
which are bought in the United Kingdom by him or on his behalf, such relief
to be subject to compliance with such conditions as may be imposed in accordance
with the arrangements;provided that the provisions of this Article shall not
apply to any person who is a citizen of the United Kingdom and Colonies or
a permanent resident of the United Kingdom.
(2) Part IV
of Schedule 1 to the Act shall not operate
so as to confer any immunity or privilege on the families of officers to whom
this Article applies.
16 
Except in so far as in any particular case any privilege or immunity
is waived by the Executive Director of the Organization or (in the case of
the Executive Director) by the Council of the Organization, the Buffer Stock
Manager and all officers appointed or recruited by the Executive Director
for full-time employment with the Organization and who are subject to its
staff regulations, with the exception of those who are recruited locally and
assigned to hourly rates of pay, shall enjoy:—
(a) immunity from suit and legal process
in respect of things done or omitted to be done by them in the course of the
performance of their official duties, except in the case of a motor traffic
offence committed by an officer or in the case of damage caused by a motor
vehicle belonging to or driven by him;
(b) as from the date on which the emoluments
received by them as officers of the Organization become subject to taxation
by the Organization for its benefit, exemption from income tax in respect
of such emoluments;
(c) unless they are citizens of the United
Kingdom and Colonies, the like exemption from customs duties and taxes on
the importation of articles which—
(i) at or about the time when they first
enter the United Kingdom as officers of the Organization are imported for
their personal use or that of members of their families forming part of their
households, including articles intended for their establishment, and
(ii) are articles which were in their ownership
or possession or that of such members of their families, or which they or
such members of their families were under contract to purchase, immediately
before they so entered the United Kingdom,as, in accordance with paragraph 1
of Article 36 of the 1961 Convention
Articles, is accorded to a diplomatic agent;

(d) unless they are citizens of the United
Kingdom and Colonies or permanently resident in the United Kingdom, exemptions
whereby, for the purposes of the enactments relating to national insurance
and social security, including enactments in force in Northern Ireland,
(i) services rendered for the Organization
by them shall be deemed to be excepted from any class of employment in respect
of which contributions or premiums under those enactments are payable, but

(ii) no person shall be rendered liable to
pay any contribution or premium which he would not be required to pay if those
services were not deemed to be so excepted,provided that until the day appointed for the coming into
force of section 2
of the Social Security Act 1973
the following shall apply in substitution for the foregoing provisions of
this sub-paragraph—“
unless they are citizens of the United Kingdom
and Colonies or permanently resident in the United Kingdom, exemptions whereby,
for the purposes of the National Insurance Acts 1965 to 1969, the National
Insurance (Industrial Injuries) Acts 1965 to 1968, any enactment for the time
being in force amending any of those Acts, and any enactment of the Parliament
of Northern Ireland corresponding to any of those Acts or to any enactment
amending any of those Acts,— 
(i) services rendered by them for the Organization shall be deemed
to be excepted from any class of employment which is insurable employment,
or in respect of in respect of which contributions are required to be paid,
but
(ii) no person shall be rendered
liable to pay any contribution which he would not be required to pay if those
services were not deemed to be so excepted.
”.
PART V
17 
Except in so far as in any particular
case any privilege or immunity is waived by the Executive Director of the
Organization, an expert (other than an officer of the Organization) serving
on any committee of the Organization or employed on missions on its behalf
shall, so far as is necessary for the carrying out of his functions, including
during journeys made in carrying out his functions and in the course of such
missions, enjoy:—
(a) immunity from suit and legal process
in respect of things done or omitted to be done by him in exercise of his
functions, except in the case of a motor traffic offence committed by him
or in the case of damage caused by a motor vehicle belonging to or driven
by him;
(b) while he is employed by the Organization,
the like inviolability for all his official papers and documents as is accorded
to a diplomatic agent;
(c) unless he is a citizen of the United
Kingdom and Colonies or a permanent resident of the United Kingdom, while
carrying out his functions and during journeys made in carrying out his functions
and in the course of such missions, the like exemptions and privileges in
respect of his personal baggage as, in accordance with 
Article 36 of the 1961 Convention Articles
, are accorded to a diplomatic agent.
N. E. Leigh
