STATUTORY INSTRUMENTS

S.I. No 553 of 2007

TAMPERE CONVENTION (PRIVILIGES AND IMMUNITIES) ORDER 2007

WHEREAS under section 4 2A (inserted by the section 4 of the Diplomatic Relations and Immunities (Amendment) Act 2006 (No. 10 of 2006)) of the Diplomatic Relations and Immunities Act 1967 (No. 8 of 1967), 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 is or intends to become a party:

AND WHEREAS the Tampere Convention on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations as adopted on the 18 June 1998 in Tampere, Finland and as passed by a resolution of D�il �ireann at its Meeting on 6 December 2005 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 Tampere Convention (Privileges and Immunities) Order 2007.

2.  In this Order -

�Convention� means Tampere Convention on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations, which entered into force on 8 January 2005;

�State Party� means a State which has agreed to be bound by this Convention;

�Assisting State Party� means a State Party to this Convention providing telecommunication assistance pursuant to the Convention;

�Requesting State Party� means a State Party to this Convention requesting telecommunication assistance pursuant to the Convention.

3.  The privileges, immunities and facilities provided for in the Convention apply in accordance with Article 5 of the Convention as set out in the Schedule in relation to persons and organisations who act pursuant to the Convention to provide telecommunication assistance to the State and who have been, pursuant to the Convention, notified to, and accepted by, the State.

Schedule

(Article 5 of the Convention)

Privileges, Immunities, and Facilities

1.     The requesting State Party shall, to the extent permitted by its national law, afford to persons, other than its nationals, and to organizations, other than those headquartered or domiciled within its territory, who act pursuant to this Convention to provide telecommunication assistance and who have been notified to, and accepted by, the requesting State Party, the necessary privileges, immunities, and facilities for the performance of their proper functions, including, but not limited to:

a)   immunity from arrest, detention and legal process, including criminal, civil and administrative jurisdiction of the requesting State Party, in respect of acts or omissions specifically and directly related to the provision of telecommunication assistance;

b)   exemption from taxation, duties or other charges, except for those which are normally incorporated in the price of goods or services, in respect of the performance of their assistance functions or on the equipment, materials and other property brought into or purchased in the territory of the requesting State Party for the purpose of providing telecommunication assistance under this Convention; and

c)   immunity from seizure, attachment or requisition of such equipment, materials and property.

2.     The requesting State Party shall provide, to the extent of its capabilities, local facilities and services for the proper and effective administration of the telecommunication assistance, including ensuring that telecommunication equipment brought into its territory pursuant to this Convention shall be expeditiously licensed or shall be exempt from licensing in accordance with its domestic laws and regulations.

3.     The requesting State Party shall ensure the protection of personnel, equipment and materials brought into its territory pursuant to this Convention.

4.     Ownership of equipment and materials provided pursuant to this Convention shall be unaffected by their use under the terms of this Convention. The requesting State Party shall ensure the prompt return of such equipment, material and property to the proper assisting State Party.

5.     The requesting State Party shall not direct the deployment or use of any telecommunication resources provided pursuant to this Convention for purposes not directly related to predicting, preparing for, responding to, monitoring, mitigating the impact of or providing relief during and following disasters.

6.     Nothing in this Article shall require any requesting State Party to provide its nationals or permanent residents, or organizations headquartered or domiciled within its territory, with privileges and immunities.

7.     Without prejudice to their privileges and immunities in accordance with this Article, all persons entering the territory of a State Party for the purpose of providing telecommunication assistance or otherwise facilitating the use of telecommunication resources pursuant to this Convention, and all organizations providing telecommunication assistance or otherwise facilitating the use of telecommunication resources pursuant to this Convention, have a duty to respect the laws and regulations of that State Party. Such persons and organizations also shall have a duty not to interfere in the domestic affairs of the State Party into whose territory they have entered.

8     Nothing in this Article shall prejudice the rights and obligations with respect to privileges and immunities afforded to persons and organizations participating directly or indirectly in telecommunication assistance, pursuant to other international agreements (including the Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly on 13 February 1946, and the Convention on the Privileges and Immunities of the Specialized Agencies, adopted by the General Assembly on 21 November 1947) or international law.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

This order provides that privileges, immunities and facilities are afforded in accordance with Article 5 of the Tampere Convention to persons and organisations who act pursuant to the said Convention to provide telecommunications assistance to the State.