INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ACT 1992
This Act may be cited as the International Organizations (Privileges and Immunities) Act 1992 and shall come into force on such date as may be appointed by the Minister by notification in the Gazette .
The Articles set out in the Seventh Schedule (being Articles of the Convention on the Privileges and Immunities of the United Nations) shall have the force of law in Malaysia.
[ Ins. by Act A1405:s.2 ]
(1) The Articles set out in the Eighth Schedule (being Articles of the Convention on the Privileges and Immunities of the Specialized Agencies) shall have the force of law in Malaysia.
(2) Paragraph 1(ii) (j) of Article I to the Convention shall be construed as referring to an agency in relationship with the United Nations in accordance with Articles 57 and 63 of the Charter and of which Malaysia is a member.
[ Ins. by Act A1405:s.2 ]
(1) In this Act, unless the context otherwise requires-
"association" means an association or other body or group of persons, whether incorporated or not;
"diplomatic agent" has the same meaning assigned to it by the Diplomatic Privileges (Vienna Convention) Act 1966 [Act 636] ;
[ Ins. by Act A1405:s.3 ]
"head of mission" [Deleted by Act A1405:s.3]
[Prior text reads - "'head of mission' means a head of mission within the meaning of the Diplomatic Privileges (Vienna Convention) Act 1966;"]
[ Del. by Act A1405:s.3 ]
"high officer" means a person who holds, or is performing the duties of, an office prescribed by regulations to be a high office in an international organization;
(1) The Minister may by regulations declare an organization-
(a) of which Malaysia and a country or countries other than Malaysia are members;
[Prior text reads - "(a) of which Malaysia and a country or countries other than Malaysia are members; or"]
[ Am. by Act A1405:s.4 ]
(b) that is constituted by a person or persons representing Malaysia and a person or persons representing a country or countries other than Malaysia; or
[Prior text reads - "(b) that is constituted by a person or persons representing Malaysia and a person or persons representing a country or countries other than Malaysia,"]
[ Am. by Act A1405:s.4 ]
(c) which has an office in Malaysia and which, in the opinion of the Minister, performs functions that would be beneficial to Malaysia,
[ Ins. by Act A1405:s.6 ]
(1) Notwithstanding any of the provisions of this Act and subject to subsections 3(1), 11(3) and 11(5), the Minister may by regulations, either with or without restrictions or to the extent or subject to the conditions prescribed in such regulations, confer upon-
(a) the Specialized Agencies juridical personality and such legal capacities as may be necessary for the exercise of their powers and the performance of their functions; and
(b) the Specialized Agencies and their representatives of members, officials and experts on mission all or any of the privileges and immunities specified in the Eighth Schedule.
[ Ins. by Act A1405:s.6 ]
(1) Where-
(a) an international conference is, or is to be, held in Malaysia; or
(b) a mission is, or is to be, sent by-
(i) a country other than Malaysia; or
(ii) an international organization or an overseas organization,
to Malaysia,
and it appears to the Minister that the provisions of this Act other than this section do not, or may not, apply in relation to that conference or mission but it is desirable that diplomatic privileges and immunities should be applicable in relation to that conference or mission, the regulations may declare the conference or mission, as the case may be, to be a conference or mission to which this section applies.
(2) Subject to subsections 11(3), 11(4), and 11(5) and to subsection (3) of this section, where a conference or mission has been declared by the regulations to be a conference or missio
The Minister may by regulations confer upon-
(a) the judges, assessors and officials of the International Court of Justice established by the Charter of the United Nations;
(b) persons engaged on missions by order of that Court;
(c) the agents, advocates and counsel of countries that are parties in cases before that Court; and
(d) witnesses in cases before that Court,
such privileges and immunities as are required to give effect to the Statute of that Court and such privileges and immunities in respect of acts and things done in the course of the performance of their functions in connection with the business of that Court as are required to give effect to any resolution of, or convention or agreement approved by, the General Assembly of the United Nations.
(1) The Minister may give a certificate in writing certifying any fact relating to the question whether a person is, or was at any time or in respect of any period, entitled, by virtue of this Act or the regulations, to any privileges or immunities.
(2) In any proceedings, a certificate given under this section is evidence of the facts certified.
Where the Minister is satisfied that persons, or members of the official staffs of persons, representing Malaysia at an international conference in a country would not receive in that country privileges and immunities corresponding to those conferred in Malaysia by this Act or the regulations upon persons, or upon members of the official staffs of persons, representing that country, the Minister may, by order published in the Gazette , withdraw from the representatives, or from the members of the official staffs of the representatives, of that country all or any of those privileges and immunities.
(1) The privileges and immunities conferred under this Act are granted in the interests of the international organization and overseas organization and not for the personal benefit of the individuals.
(2) The appropriate authority of the respective international organization and overseas organization shall have the right and the duty to waive the privileges and immunities of any of its representatives, officials or experts in any case where, in its opinion, such privileges and immunities would impede the course of justice and could be waived without prejudice to the interests of the international organization and overseas organization.
(3) The international organization and overseas organization shall co-operate at all times with the appropriate authorities in Malaysia to-
(a) facilitate the proper administration of justice;
(b) secure the compliance of all domestic legislation; and
(1) Except with the consent in writing of the Minister, a person (including a body corporate) shall not-
(a) use the name or an abbreviation of the name of an international organization in connection with a trade, business, profession, calling or occupation; or
(b) use-
(i) a seal, emblem or device that is identical with the official seal or emblem of an international organization;
(ii) a seal, emblem or device so nearly resembling the official seal or emblem of an international organization as to be capable of being mistaken for that seal or emblem; or
(iii) a seal, emblem or device that is capable of being taken to be the official seal or emblem of an international organization.
(2) Where, without the consent in writing of the Minister, the name or an abbreviation of the name of an international organization or a seal, emblem or dev
(1) Notwithstanding the provisions of any written law to the contrary, it shall be lawful for land in any part of the Federation or any interest in such land to be granted, alienated, leased or transferred to or owned or held by an international organization for the purposes of the organization or the residences or offices of any of the persons specified in any of the regulations made under paragraphs 4(1) (b) and 4(1) (d) .
(2) Where by virtue of subsection (1) it is lawful for land or an interest in land to be granted, alienated, leased or transferred to or owned or held by an international organization, such land or interest may be granted, alienated, leased or transferred to or owned or held by such organization in its name or its behalf to or by any person nominated for the purposes of this subsection either generally or in a particular case by writing addressed to the Minister by or on behalf of such organization, as the ca
(1) The Minister may make regulations for carrying into effect the objects of this Act and for prescribing all matters required or permitted by this Act to be prescribed.
(2) In particular and without prejudice to the generality of subsection (1), the regulations may-
(a) make provisions for or in relation to the waiver of any privileges or immunities to which an international organization or person is entitled by virtue of this Act;
(b) make provisions for giving effect to the purposes of section 7.
(3) Notwithstanding the provisions of sections 4, 5, 6A and 6B, regulations conferring any privileges or immunities with respect to matters for which the Minister of Finance is for the time being responsible shall not be made without his concurrence.
[Prior text reads - "(3) Notwithstanding the provisions of sections 4 and 5, regulations conferring any pr
The provisions of the Diplomatic and Consular Privileges Ordinance 1957 are amended-
(a) by repealing Part III thereof; and
(b) in the manner and to the extent set out in the Sixth Schedule.
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