S.I. No. 329/1994:

WTO (DESIGNATION AND IMMUNITIES) ORDER, 1994.

WTO (DESIGNATION AND IMMUNITIES) ORDER, 1994.

WHEREAS it is enacted by section 40 (1) of the Diplomatic Relations and Immunities Act, 1967 (No. 8 of 1967), that the Government may by order designate an international organisation, community or body of which the State or the Government is or intends to become a member to be an organisation to which Part VIII of that Act applies:

AND WHEREAS it is further enacted by section 42A (inserted by 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 World Trade Organization (which is known as the WTO) is such an organisation and the Agreement establishing the organisation, done at Marrakesh on the 15th day of April, 1994, is such an agreement:

NOW, the Government, in exercise of the powers conferred on them by the said sections 40 (1) and 42A, hereby order as follows:

1. This Order may be cited as the WTO (Designation and Immunities) Order, 1994.

2. The WTO is hereby designated as an organisation to which Part VIII of the Diplomatic Relations and Immunities Act, 1967 (No. 8 of 1967), applies.

3. Article VIII of the Agreement establishing the WTO done at Marrakesh on the 15th day of April, 1994, the English language text of which Article is set out in the Schedule to this Order, shall apply for the purposes of section 42A (inserted by the Diplomatic Relations and Immunities (Amendment) Act, 1976 (No. 2 of 1976)) of the Diplomatic Relations and Immunities Act, 1967 .

Schedule

Article VIII

Status of the WTO

1. The WTO shall have legal personality, and shall be accorded by each of its Members such legal capacity as may be necessary for the exercise of its functions.

2. The WTO shall be accorded by each of its Members such privileges and immunities as are necessary for the exercise of its functions.

3. The officials of the WTO and the representatives of the Members shall similarly be accorded by each of its Members such privileges and immunities as are necessary for the independent exercise of their functions in connection with the WTO.

4. The privileges and immunities to be accorded by a Member to the WTO, its officials, and the representatives of its Members shall be similar to the privileges and immunities stipulated in the Convention on the Privileges and Immunities of the Specialised Agencies, approved by the General Assembly of the United Nations on 21 November, 1947.

5. The WTO may conclude a headquarters agreement.

GIVEN under the Official Seal of the Government, this 2nd day of November, 1994.

ALBERT REYNOLDS,

Taoiseach.