International Cospas-Sarsat Programme Privileges and Immunities Order

SOR/2005-112FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT
Registration 2005-04-19
International Cospas-Sarsat Programme Privileges and Immunities Order
P.C. 2005-638 2005-04-19Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs and the Minister of Finance, pursuant to section 5Footnote a of the Foreign Missions and International Organizations ActFootnote b, hereby makes the annexed International Cospas-Sarsat Programme Privileges and Immunities Order.

Return to footnote aS.C. 2002, c. 12, ss. 3, 10
Return to footnote bS.C. 1991, c. 41
Interpretation

1 The following definitions apply in this Order.

Arrangement
Arrangement means the Arrangement agreed on by Canada, the Republic of France, the Russian Federation and the United States of America Regarding the Headquarters of the International Cospas-Sarsat Programme, set out in the schedule. (Arrangement)
Convention
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)
expert
expert means an individual, who is neither a representative of Member States nor an official, who is performing missions for the Organization, including an expert from a state or an organization officially associated with the Organization who is attending official meetings or conferences of the Organization. (expert)
official
official means the Head of Secretariat or any other individual who is employed full-time by the Organization. (fonctionnaire)
Organization
Organization means the international organization known as the International Cospas-Sarsat Programme, comprised of the Council and the Secretariat established under the Cospas-Sarsat Programme Agreement. (Organisation)
Programme Agreement
Programme Agreement means the International Cospas-Sarsat Programme Agreement signed on July 1, 1988 and which entered into force on August 30, 1988, between Canada, the Republic of France, the former USSR and the United States of America, the Russian Federation subsequently assuming the former USSR responsibilities under the Programme Agreement. (Accord relatif au Programme)
representative of a Member State
representative of a Member State means the representative of a state that is a party to the Programme Agreement. (représentant d'un État membre)

Privileges and Immunities

2 (1) The Organization shall have in Canada the legal capacities of a body corporate and, to the extent specified in paragraphs 3 to 9 of the Arrangement, the privileges and immunities set out in Articles II and III of the Convention.
(2) Representatives of Member States shall have in Canada, to the extent specified in paragraphs 10 and 11 of the Arrangement, the privileges and immunities set out in Article IV of the Convention.
(3) Officials shall have in Canada, to the extent specified in paragraph 13 of the Arrangement, the privileges and immunities set out in Section 18 of Article V of the Convention.
(4) In addition to the privileges and immunities provided to officials under subsection (3), the Head of Secretariat of the Organization and the members of his or her family forming part of his or her household shall have in Canada, to the extent specified in paragraph 14 of the Arrangement, the privileges and immunities provided to diplomatic agents under the Vienna Convention on Diplomatic Relations set out in Schedule II to the Foreign Missions and International Organizations Act.
(5) Experts shall have in Canada, to the extent specified in paragraph 16 of the Arrangement, the privileges and immunities set out in Section 22 of Article VI of the Convention.

3 The privileges and immunities referred to in section 2 do not apply to Canadian citizens and permanent residents of Canada in respect of liability for taxes or duties imposed by any law in Canada.

4 This Order does not limit the right of Canadian authorities to refuse entry into Canada for reasons of national security to any individual referred to in the Arrangement.

Coming into Force

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

SCHEDULE(section 1)Arrangement Between Canada, the Republic of France, the Russian Federation and the United States of America Regarding the Headquarters of the International Cospas-Sarsat Programme

The governments of Canada, the Republic of France, the Russian Federation and the United States of America, parties to the International Cospas-Sarsat Programme Agreement (herein after referred to as the Programme Agreement);
RECOGNIZING that the Programme Agreement formally acknowledges that the International Cospas-Sarsat Programme utilises satellites and a worldwide network of ground stations to detect and relay distress signals from maritime, aviation and land-based users, thereby supporting the search and rescue objectives of the International Maritime Organization (IMO) and of the International Civil Aviation Organization (lCAO);
BEARING IN MIND Article 10 of the Programme Agreement, which provides, inter alia, that the Secretariat shall be the permanent administrative organ for the Programme and shall assist the Cospas-Sarsat Council (herein after referred to as the Council) in the implementation of its functions, that it shall be managed by a Head of Secretariat, and that it shall take direction from the Council in the performance of its functions;
BEARING IN MIND Article 6 of the Programme Agreement, which requires, inter alia, that the common costs associated with the organization, administration and coordination of the Programme, including those incurred in financing the activities of the Council and Secretariat, shall be shared equally by the Parties to the Programme Agreement;
CONSIDERING that the Cospas-Sarsat Council has decided to establish the Headquarters of the Cospas-Sarsat Programme in the City of Montreal, in the Province of Quebec, Canada;
Have reached the following understanding:
Definitions

1 In this Arrangement:

(a) the term Organization means the Cospas-Sarsat Programme, comprising the Council and the Secretariat as described in the Programme Agreement;
(b) the term Representatives of Member States means the representatives of those states which are parties to the Programme Agreement;
(c) the term Officials means the Head of Secretariat and all other individuals who are employed full-time by the Organization;
(d) the term Experts means individuals, who are neither Representatives of Member States nor Officials, who are performing missions for the Organization and may include experts from states or organizations officially associated with the Organization, who are attending official meetings or conferences of the Organization.

Status of the Organization

2 The Organization will have the legal capacities of a body corporate under Canadian domestic law, without prejudice to the privileges and immunities provided in this Arrangement, and the Head of Secretariat will be its legal representative with respect to the functions described in the Programme Agreement.
3 The Organization, its property and assets, wherever located in Canada and by whomsoever held, will enjoy immunity from every form of legal process in Canada except in so far as in any particular case it has expressly waived its immunity. It is, however, understood that no waiver of immunity will extend to any measure of execution except with the express consent of the Organization.

4 (a) The premises of the Organization's Headquarters will be inviolable. Representatives of the Canadian competent authorities will not enter the premises of the Organization except with the consent of the Head of Secretariat or the person authorized by the Head of Secretariat. However, this consent is presumed to be given in the event of fire or an emergency situation in the premises that creates a direct and serious threat to the life and security of persons.

(b) The property and assets of the Organization, wherever located and by whomsoever held in Canada, will be immune from search, requisition, confiscation, expropriation, and other form of interference, whether by executive, administrative, judicial orlegislative action.
(c) The Organization will not allow its headquarters to be used as a refuge for persons seeking to avoid arrest, or the service or execution of legal process.

5 The archives ofthe Organization, and in general all documents belonging to it or held by it, will be inviolable wherever located in Canada.

6 The Organization, its assets, income and other property in Canada will be:

(a) exempt from all direct taxes; it is understood, however, that the Organization will not claim exemption from taxes which 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 the Organization for its official use; it is understood, however, that articles imported under such exemption will not be sold or disposed of in Canada except under conditions agreed with the Government of Canada;
(c) exempt from all import, export and sales prohibitions and restrictions, and from customs duties and excise, with respect to its publications, including audio-visual material.

7 While the Organization will 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 the Organization is making important purchases for official use of property on which such duties and taxes have been charged or are chargeable, the Organization will, whenever possible, make appropriate administrative arrangements for the remission or return of the amount of duty or tax.

Facilities in Respect of Communications

8 The Organization will enjoy in Canada for its official communications treatment not less favourable than that accorded by the Government of Canada to any other Government in the matter of priorities, rates and taxes on mails, cables, telegrams, radiograms, telephotos, teletype and facsimile machines, telephones and other means of telecommunications; and press rates for information to the press and radio. No censorship will be applied to the official correspondence and other official communications of the Organization.
9 The Organization will have the right to use codes and cipher and to despatch and receive its correspondence by courier or in bags, which will have the same immunities and privileges as diplomatic couriers and bags.

Representatives of Member States

10 Representatives of Member States to meetings and conferences convened by the Organization will enjoy the following privileges and immunities within Canada, while exercising their functions and during their journey to and from the place of meeting:

(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, 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, aliens registration or national service obligations in Canada;
(e) the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys; and also,
(f) such other privileges, immunities and facilities not inconsistent with the foregoing as diplomatic envoys enjoy, except that they shall 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.

11 In order to secure within Canada, for the Representatives of Member States to meetings and conferences convened by the Organization, 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 will continue to be accorded, notwithstanding that the persons concerned are no longer Representatives of Member States.
12 Privileges and immunities within Canada are accorded to the Representatives of Member States not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the Organization. Consequently, a Member State should waive the immunity of its representative in any case where in the opinion of the Member 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.

Officials

13 The Officials of the Organization will, within Canada:

(a) be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity;
(b) be exempt from taxation on the salaries and emoluments paid to them by the Organization;
(c) be immune from national service obligations in Canada;
(d) be immune, together with their spouses and relatives dependent upon them, from immigration restrictions and alien registration;
(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) the right to import free of duty their furniture and effects, including motor vehicles, at the time of first taking up their post in Canada.

14 In addition to the immunities and privileges specified in paragraph 13, the Head of Secretariat will be accorded, within Canada, in respect of himself or herself, his or her spouse and minor children, the privileges and immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with international law.
15 Privileges and immunities are granted within Canada to Officials in the interests of the Organization and not for the personal benefit of the individuals themselves. The Head of Secretariat should waive the immunity of any Official in any case where, in his or her opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the Organization. In the case of the Head of Secretariat, the Council will have the right to waive immunity.

Experts on Missions for the Organization

16 Experts performing missions for the Organization will be accorded within Canada such privileges and immunities as are necessary for the independent exercise of their functions during the period of their missions. In particular they will 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. This immunity from legal process will continue to be accorded notwithstanding that the persons concerned are no longer employed on missions for the Organization;
(c) inviolability for all papers and documents;
(d) for the purpose of their communications with the Organization, 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;
(f) the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys.

17 Privileges and immunities are granted within Canada to experts in the interests of the Organization and not for the personal benefit of the individuals themselves. The Head of Secretariat, in consultation with Member States, should waive the immunity of any expert in any case where, in his or her opinion, the immunity would impede the course of justice and it can be waived without prejudice to the interests of the Organization.

Canadian Citizens and Permanent Residents

18 Nothing in this Arrangement exempts a Canadian citizen or permanent resident from liability for any taxes or duties imposed by any law in Canada.
Abuse of Privileges

19 If the Government of Canada considers that an abuse of a privilege or immunity described in this Arrangement has occurred, consultation will take place between the Government of Canada and the Organization in order to determine whether such an abuse has occurred, and, if so, to endeavour to prevent its repetition.
20 The Organization will cooperate at all times with the appropriate Canadian authorities to facilitate the proper administration of justice, to secure observance of police regulations and prevent the occurrence of any abuse of the privileges and immunities and facilities referred to in this Arrangement.

Notification Procedure

21 The Secretariat will inform the Minister of Foreign Affairs of the names of Representatives of Member States, Officials posted to Canada, including the Head of Secretariat, and Experts on missions for the Organization, before they take up or relinquish their functions in Canada.
Flag and Emblem

22 The Organization is entitled to display the Cospas-Sarsat flag and emblem on its premises and on its vehicles.
Settlement of Disputes

23 The signatories will resolve any disputes relating to this Arrangement through mutual consultation and negotiation.
National Security

24 Nothing in this Arrangement will be construed as in any way limiting the right of Canadian authorities to refuse entry into Canada to individuals for reasons of national security, provided that the Organization will be immediately informed in the event that the Government of Canada finds it necessary to take such action in relation to any person enumerated in the Arrangement.
Final Provisions

25 Privileges and immunities granted in this Arrangement will be granted by the Government of Canada and not by the Governments of the Republic of France, the Russian Federation and the United States of America.

26 This Arrangement will not be binding under international law. It will come into effect on the date where both following conditions are fulfilled:

(a) the signature of the Arrangement by the four parties; and
(b) the publication in the Canada Gazette of the Order in Council recognizing the legal personality of the Organization and granting to it privileges and immunities in Canada.

27 This Arrangement may be amended by mutual consent of the signatories.
28 This Arrangement can be terminated by the Government of Canada or by the Organization on behalf of the signatories, one year after written notification of intent to terminate is provided.
29 Unless terminated in accordance with paragraph 28 above, this Arrangement will remain in effect for as long as the Programme Agreement remains in force and will be automatically terminated at the date the Programme Agreement ceases to be in force.
30 Nothing in this Arrangement is intended to conflict with the provisions of the Programme Agreement. In the event of conflict between the provisions of this Arrangement and the Programme Agreement, the provisions of the Programme Agreement will take precedence.