        DIPLOMATIC IMMUNITIES AND PRIVILEGES      g CAP. 191.        1
CHAPTER 191
DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT
To make provision for certain immunities and privileges of diplomatic and consular
representatives, international organizations and representatives thereof and certain other
persons and for purposes incidental to or connected with the matters aforesaid.
14th January, 1966
ACT I of 1966, as amended by Act XIV of 2000.
ARRANGEMENT OF ACT
Articles 
Part I.  Preliminary  1-2 
Part II.  Diplomatic Immunities and Privileges  3-4 
Part III.  International Organizations and Persons Connected 
Therewith  5-7 
Part IV.  General 8-12 
Part V.  Miscellaneous Provisions  13
SCHEDULES 
First Schedule Articles of the Vienna Convention on Diplomatic
Relations having the Force of Law in Malta
Second Schedule International Organization and Persons Connected
Therewith
Part I.  Immunities and Privileges of the Organization
Part II.  Immunities and Privileges of High Officers,
Representatives, Members of Committees and
Persons on Missions
Part III.  Immunities and Privileges of Other Officers and
Servants
Part IV.  Immunities and Privileges of Official Staff and of
High Officer’s Family
  2        CAP. 191. h            DIPLOMATIC IMMUNITIES AND PRIVILEGES   
PART I
PRELIMINARY 
Title. 1. The title of this Act is Diplomatic Immunities and
Privileges Act.
Interpretation. 2. (1) In this Act, unless the context otherwise requires -
"consular officer" means any person appointed as consul-general,
consul, vice-consul or consular agent by a foreign State and
holding a valid exequatur or other authorization to act in Malta in
that capacity;
"consular employee" means any person, other than a consular
officer, employed in the administrative or technical service of a
consular post;
"consular post" means any consulate-general, consulate, vice-
consulate or consular agency;
"Malta" has the same meaning as is assigned to it by article 124
of the Constitution of Malta;
"members of a consular post" means consular officers, consular
employees and persons employed in the domestic service of a
consular post;
"the Minister" means the Minister for the time being responsible
for external affairs.
(2) References in this Act to "consular officer", "consular
employees" and "members of a consular post" shall be construed as
including references to persons in the service of any
Commonwealth country other than Malta holding such offices or
classes of offices as may be specified by the Minister by notice in
the Government Gazette being offices or classes of offices
appearing to the Minister to involve the performance of duties
substantially corresponding to those which, in the case of a foreign
State, would be performed by consular officers, consular
employees and members of a consular post respectively and
references to "consular post" shall be construed accordingly.
(3) The Minister may compile a list of Commonwealth
countries for the purposes of this Act and shall cause such list and
any amendment of such list or amended list to be published by
notice in the Government Gazette.
PART II
DIPLOMATIC IMMUNITIES AND PRIVILEGES
Application of the 
Vienna Convention 
on Diplomatic 
Relations.
3. (1) Subject to the provisions of article 12 of this Act, the
Articles set out in the First Schedule to this Act (being Articles of
the Vienna Convention on Diplomatic Relations signed in 1961)
shall have the same force of law in Malta and shall for the purpose
be construed in accordance with the following provisions of this
article.
        DIPLOMATIC IMMUNITIES AND PRIVILEGES      g CAP. 191.        3
(2) In those Articles -
"agents of the receiving State" shall be construed as including
any member of the Malta Police Force and any person exercising a
power of entry to any premises under any law;
"the receiving State" shall be construed as meaning Malta;
"national of the receiving State" shall be construed as meaning
citizen of Malta.
(3) For the purpose of Article 32 a waiver by the head of the
mission of any State or any person for the time being performing
his functions shall be deemed to be a waiver by that State.
(4) Articles 35, 36 and 40 shall be construed as granting any
privilege or immunity which they require to be granted.
(5) The references in Articles 37 and 38 to the extent to which
any privileges and immunities are admitted by the receiving State
and to additional privileges and immunities that may be granted by
the receiving State shall be construed as referring respectively to
the extent to which any privileges and immunities may be specified
by the Minister by order published in the Government Gazette and
to any additional privileges and immunities that may be so
specified.
Consular privileges 
and immunities. 
Cap. 144.
4. Without in any way limiting the privileges and immunities
conferred on consular officers and consular employees by the
Consular Conventions Act, and subject to the provisions of the
present Act, the Minister may by order, to the extent specified
therein, exempt members of a consular post and members of their
families from taxes, duties, rates, fees or other dues levied by the
Government of Malta or a local authority:
   Provided that this article - 
( a ) shall not apply to any member of a consular post who
is a citizen of Malta or is permanently resident in
Malta; and
( b ) shall not affect any power to grant exemption as
aforesaid under any other law.
PART III 
INTERNATIONAL ORGANIZATIONS AND PERSONS CONNECTED 
THEREWITH
Immunities, 
privileges and 
capacities of 
certain 
international 
organizations.
Amended by:
XIV. 2000.2.
5. (1) This Part shall apply:
( a ) to any organization which the Minister may by order
declare to be an organization of which Malta or the
Government thereof and one or more other States or
the government or governments thereof are members;
( b ) to the European Investment Bank; and
( c ) to any organization which the House of
  4        CAP. 191. h            DIPLOMATIC IMMUNITIES AND PRIVILEGES   
Representatives may by Resolution declare to be an
organization with which Malta, or the government
thereof, will be establishing or has already established
a contractual relationship.
(2) The Minister may from time to time by order - 
( a ) provide that any organization to which this article
applies (hereinafter referred to as "the organization")
shall, to such extent as may be specified in the order,
have the immunities and privileges set out in Part I of
the Second Schedule to this Act and shall also have the
legal capacities of a juridical person;
( b ) confer upon - 
(i) any persons who are representatives (whether of
governments or not) on any organ of the
organization or are members of any committee
of the organization or of any organ thereof;
(ii) such officers or classes of officers of the
organization as may be specified in the order,
being the holders of such high offices in the
organization as may be so specified; and
(iii) such persons employed on missions on behalf of
the organization as may be specified in the order, 
    to such extent as may be specified in the order, the
immunities and privileges set out in Part II of the
Second Schedule to this Act;
( c ) confer upon such other classes of officers and servants
of the organization as may be specified in the order, to
such extent as may be so specified, the immunities and
privileges set out in Part III of the Second Schedule to
this Act;
and Part IV of the Second Schedule to this Act shall have effect for
the purpose of extending to the staffs of such representatives and
members as are mentioned in sub-paragraph (i) of paragraph ( b ) of
this sub-article and to the families of officers of the organization,
any immunities and privileges conferred on the representatives,
members or officers under that paragraph, except in so far as the
operation of the said Part IV is excluded by the order conferring the
immunities and privileges.
(3) An order made under this article may, notwithstanding any
provision of any written law, including this Act, confer on any
organization or person any immunities or privileges which are
required to be conferred on that organization or person in order to
give effect to any international agreement in that behalf but shall
not confer any immunities or privileges greater in extent than those
so required as aforesaid or confer any immunity or privilege upon
any person as the representative of the Government of Malta or as a
member of the staff of such a representative.
        DIPLOMATIC IMMUNITIES AND PRIVILEGES      g CAP. 191.        5
Power to confer 
immunities and 
privileges on 
certain persons.
6. The Minister may from time to time by order confer on the
judges and registrars of the International Court of Justice
established by the Charter of the United Nations, and of any other
international judicial institution approved by the Minister, and on
suitors to that Court or to any such institution and their agents,
counsel and advocates, such immunities, privileges and facilities as
may be required to give effect to any resolution of, or convention
approved by, the General Assembly of the United Nations or, in the
case of any such institution as aforesaid, as the Minister may deem
necessary for the proper discharge of its functions.
Immunities and 
privileges of 
representatives 
attending 
international 
conferences.
7. (1) Where a conference is held in Malta and is attended by
the representatives of the Government of Malta and the government
or governments of one or more other States, the Minister may
compile such list of the representatives of the last-mentioned
government or governments and of the members of his official
staffs as he shall think proper, and shall cause such list and any
amendment of such list or amended list to be published by notice in
the Government Gazette, and, subject to the provisions of this Act,
every representative of the government of such State who is for the
time being included in the list shall be entitled to the like
immunities as are awarded to a head of mission of a sending State
accredited to Malta and to members of the official staff of such a
head of mission respectively.
(2) Every list or amendment thereof published under this article
shall include a statement of the date from which the list or
amendment, as the case may be, takes or took effect.
PART IV 
GENERAL 
Minister to publish 
lists.
8. The Minister shall compile a list of the persons appearing
to him to be entitled to immunities or privileges by or under the
provisions of this Act, except -
( a ) children under the age of eighteen years of a person so
entitled; and
( b ) any person whose name appears on a list published
under article 7 of this Act,
and he shall from time to time amend the list and shall cause the list
and any amendment of such list or amended list to be published in
the Government Gazette.
Evidence.
any person or any organization is entitled to immunities or
privileges by or under the provisions of this Act, a certificate
issued by or under the authority of the Minister stating any fact
relevant to that question shall be conclusive evidence of that fact.
Waiver.
performing the functions of a consular officer may waive any
immunity or privilege conferred under the provisions of this Act on
  6        CAP. 191. h            DIPLOMATIC IMMUNITIES AND PRIVILEGES   
him or on another member of the consular post of which for the
time being he is in charge and such waiver shall be express and
shall be communicated to the Government of Malta in writing.
(2) Any immunity or privilege conferred under the provisions
of articles 5, 6 and 7 of this Act may be waived in such manner as
may be prescribed by the Minister in the relative order or notice.
Provisions relating 
to exemptions from 
taxes, duties, etc.
11. (1) Any article which is imported or taken out of bond
without payment of customs duty in pursuance of any immunity or
privilege conferred by or under the provisions of this Act shall not
be sold or otherwise disposed of to a person who is not entitled to
the like immunity or privilege except with the consent of the
Comptroller of Customs and upon the payment to him of customs
duty thereon at the rate required according to the law relating to the
payment of customs duty.
(2) Any exemption from customs duty granted to any person by
or under this Act shall not be construed as exempting that person
from compliance with the formalities in respect of the importation
of goods which are prescribed in any law relating to customs or the
importation of goods.
(3) Any exemption from taxes, duties, rates, fees or other dues
to which this Act relates shall be subject to compliance with such
conditions as the Minister responsible for finance or any public
officer delegated by him in that behalf may prescribe for the
protection of the revenue.
Restriction of 
immunities and 
privileges.
12. (1) If it appears to the Minister that the immunities and
privileges accorded to a mission or consular post of Malta in the
territory of any State, or to persons connected with that mission or
consular post, are less than those conferred by or under the
provisions of this Act on the mission or consular post of that State
or on persons connected with that mission or consular post, the
Minister may by order withdraw such of the immunities and
privileges so conferred from the mission or consular post of that
State or from such persons connected therewith as appears to the
Minister to be proper.
(2) Nothing in this Act shall be construed as precluding the
Minister from declining to accord immunities or privileges to, or
withdrawing immunities or privileges from, nationals or
representatives of any State on the ground that the State is failing to
accord corresponding immunities or privileges to citizens or
representatives of Malta.
PART V 
MISCELLANEOUS PROVISIONS
Cases of conflict or 
inconsistency.     
Cap. 144.
13. Where there is any conflict or inconsistency between any
provision of this Act or of any order or notice made or issued
thereunder and any provision of any other written law other than
the Consular Conventions Act, then the provision of this Act or of
        DIPLOMATIC IMMUNITIES AND PRIVILEGES      g CAP. 191.        7
the order or notice made or issued thereunder shall prevail, and the
provision of that written law shall, to the extent of the conflict or
inconsistency, have no effect.
  8        CAP. 191. h            DIPLOMATIC IMMUNITIES AND PRIVILEGES   
SCHEDULES 
FIRST SCHEDULE 
gA R T I C L E  3h
A R T I C L E S  O F  T H E  V I E N N A  C O N V E N T I O N  O N  D I P L O M A T I C  R E L A T I O N S  H A V I N G  T H E  F O R C E  O F  
L A W  I N  M A L T A  
A R T I C L E  1
For the purpose of the present Convention, the following expressions shall have
the meanings hereunder assigned to them:
( a ) the "head of the mission" is the person charged by the sending State
with the duty of acting in that capacity;
( b ) the "members of the mission" are the head of the mission and the
members of the staff of the mission;
( c ) the "members of the staff of the mission" are the members of the
diplomatic staff, of the administrative and technical staff and of the
service staff of the mission;
( d ) the "members of the diplomatic staff " are the members of the staff of
the mission having diplomatic rank;
( e ) a "diplomatic agent" is the head of the mission or a member of the
diplomatic staff of the mission;
( f ) the "members of the administrative and technical staff" are the members
of the staff of the mission employed in the administrative and technical
service of the mission;
( g ) the "members of the service staff " are the members of the staff of the
mission in the domestic service of the mission;
( h ) a "private servant" is a person who is in the domestic service of a
member of the mission and who is not an employee of the sending State; 
( i ) the "premises of the mission" are the buildings or parts of buildings and
the land ancillary thereto, irrespective of ownership, used for the
purposes of the mission including the residence of the head of the
mission.
A R T I C L E  22
1. The premises of the mission shall be inviolable. The agents of the receiving
State may not enter them, except with the consent of the head of the mission.
2. The receiving State is under a special duty to take all appropriate steps to
protect the premises of the mission against any intrusion or damage and to prevent
any disturbance of the peace of the mission or impairment of its dignity.
3. The premises of the mission, their furnishings and other property thereon
and the means of transport of the mission shall be immune from search, requisition,
attachment or execution.
        DIPLOMATIC IMMUNITIES AND PRIVILEGES      g CAP. 191.        9
A R T I C L E  23
1. The sending State and the head of the mission shall be exempt from all
national, regional or municipal dues and taxes in respect of the premises of the
mission, whether owned or leased, other than such as represent payment for specific
services rendered.
2. The exemption from taxation referred to in this Article shall not apply to
such dues and taxes payable under the law of the receiving State by persons
contracting with the sending State or the head of the mission.
A R T I C L E  24
The archives and documents of the mission shall be inviolable at any time and
wherever they may be.
A R T I C L E  27
l. The receiving State shall permit and protect free communication on the part
of the mission for all official purposes. In communicating with the Government and
other missions and consulates of the sending State, wherever situated, the mission
may employ all appropriate means, including diplomatic couriers and messages in
code or cipher. However, the mission may install and use a wireless transmitter only
with the consent of the receiving State.
2. The official correspondence of the mission shall be inviolable. Official
correspondence means all correspondence relating to the mission and its functions.
3. The diplomatic bag shall not be opened or detained.
4. The packages constituting the diplomatic bag must bear visible external
marks of their character and may contain only diplomatic documents or articles
intended for official use.
5. The diplomatic courier, who shall be provided with an official document
indicating his status and the number of packages constituting the diplomatic bag,
shall be protected by the receiving State in the performance of his functions. He shall
enjoy personal inviolability and shall not be liable to any form of arrest or detention.
6. The sending State or the mission may designate diplomatic couriers  ad hoc .
In such cases the provisions of paragraph 5 of this Article shall also apply, except
that the immunities therein mentioned shall cease to apply when such a courier has
delivered to the consignee the diplomatic bag in his charge.
7. A diplomatic bag may be entrusted to the captain of a commercial aircraft
scheduled to land at an authorized port of entry. He shall be provided with an official
document indicating the number of packages constituting the bag but he shall not be
considered to be a diplomatic courier. The mission may send one of its members to
take possession of the diplomatic bag directly and freely from the captain of the
aircraft.
  10        CAP. 191. h            DIPLOMATIC IMMUNITIES AND PRIVILEGES   
A R T I C L E  28
The fees and charges levied by the mission in the course of its official duties shall
be exempt from all dues and taxes.
A R T I C L E  29
The person of a diplomatic agent shall be inviolable. He shall not be liable to any
form of arrest or detention. The receiving State shall treat him with due respect and
shall take all appropriate steps to prevent any attack on his person, freedom or
dignity.
A R T I C L E  30
1. The private residence of a diplomatic agent shall enjoy the same
inviolability and protection as the premises of the mission.
2. His papers, correspondence and, except as provided in paragraph 3 of
Article 31, his property, shall likewise enjoy inviolability.
A R T I C L E  31
1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of
the receiving State. He shall also enjoy immunity from its civil and administrative
jurisdiction, except in the case of:
( a ) a real action relating to private immovable property situated in the
territory of the receiving State, unless he holds it on behalf of the
sending State for the purposes of the mission;
( b ) an action relating to succession in which the diplomatic agent is
involved as executor, administrator, heir or legatee as a private person
and not on behalf of the sending State;
( c ) an action relating to any professional or commercial activity exercised
by the diplomatic agent in the receiving State outside his official
functions.
2. A diplomatic agent is not obliged to give evidence as a witness.
3. No measures of execution may be taken in respect of a diplomatic agent
except in the cases coming under sub-paragraphs ( a ), ( b )   and   ( c )   of paragraph 1 of
this Article, and provided that the measures concerned can be taken without
infringing the inviolability of his person or of his residence.
4. The immunity of a diplomatic agent from the jurisdiction of the receiving
State does not exempt him from the jurisdiction of the sending State.
        DIPLOMATIC IMMUNITIES AND PRIVILEGES      g CAP. 191.        11
A R T I C L E  32
1. The immunity from jurisdiction of diplomatic agents and of persons
enjoying immunity under Article 37 may be waived by the sending State.
2. The waiver must always be express.
3. The initiation of proceedings by a diplomatic agent or by a person enjoying
immunity from jurisdiction under Article 37 shall preclude him from invoking
immunity from jurisdiction in respect of any counter-claim directly connected with
the principal claim.
4. Waiver of immunity from jurisdiction in respect of civil or administrative
proceedings shall not be held to imply waiver of immunity in respect of the
execution of the judgment, for which a separate waiver shall be necessary.
A R T I C L E  33
1. Subject to the provisions of paragraph 3 of this Article, a diplomatic agent
shall with respect to services rendered for the sending State be exempt from social
security provisions which may be in force in the receiving State.
2. The exemption provided for in paragraph 1 of this Article shall also apply to
private servants who are in the sole employ of a diplomatic agent, on condition: 
( a ) that they are not nationals of or permanently resident in the receiving
State; and
( b ) that they are covered by the social security provisions which may be in
force in the sending State or a third State.
3. A diplomatic agent who employs persons to whom the exemption provided
for in paragraph 2 of this Article does not apply shall observe the obligations which
the social security provisions of the receiving State impose upon employers.
4. The exemption provided for in paragraphs 1 and 2 of this Article shall not
preclude voluntary participation in the social security system of the receiving State
provided that such participation is permitted by that State.
5. The provisions of this Article shall not affect bilateral or multilateral
agreements concerning social security concluded previously and shall not prevent
the conclusion of such agreements in the future.
A R T I C L E  34
A diplomatic agent shall be exempt from all dues and taxes, personal or real,
national, regional or municipal, except:
( a ) indirect taxes of a kind which are normally incorporated in the price of
goods or services;
( b ) dues and taxes on private immovable property situated in the territory of
the receiving State, unless he holds it on behalf of the sending State for
the purposes of the mission;
( c ) estate, succession or inheritance duties levied by the receiving State,
  12        CAP. 191. h            DIPLOMATIC IMMUNITIES AND PRIVILEGES   
subject to the provisions of paragraph 4 of Article 39;
( d ) dues and taxes on private income having its source in the receiving
State and capital taxes on investments made in commercial undertakings
in the receiving State;
( e ) charges levied for specific services rendered;
( f ) registration, court or record fees, mortgage dues and stamp duty, with
respect to immovable property, subject to the provisions of Article 23. 
A R T I C L E  35
The receiving State shall exempt diplomatic agents from all personal services,
from all public service of any kind whatsoever, and from military obligations such as
those connected with requisitioning, military contributions and billeting.
A R T I C L E  36
l. The receiving State shall, in accordance with such laws and regulations as it
may adopt, permit entry of and grant exemption from all customs duties, taxes, and
related charges other than charges for storage, cartage and similar services, on:
( a ) articles for the official use of the mission;
( b ) articles for the personal use of a diplomatic agent or members of his
family forming part of his household, including articles intended for his
establishment.
2. The personal baggage of a diplomatic agent shall be exempt from inspection,
unless there are serious grounds for presuming that it contains articles not covered
by the exemptions mentioned in paragraph 1 of this Article, or articles the import or
export of which is prohibited by the law or controlled by the quarantine regulations
of the receiving State. Such inspection shall be conducted only in the presence of the
diplomatic agent or of his authorized representative.
A R T I C L E  37
1. The members of the family of a diplomatic agent forming part of his
household shall, if they are not nationals of the receiving State, enjoy the privileges
and immunities specified in Articles 29 to 36.
2. Members of the administrative and technical staff of the mission, together
with members of their families forming part of their respective households, shall, if
they are not nationals of or permanently resident in the receiving State, enjoy the
privileges and immunities specified in Articles 29 to 35, except that the immunity
from civil and administrative jurisdiction of the receiving State specified in
paragraph 1 of Article 31 shall not extend to acts performed outside the course of
their duties. They shall also enjoy the privileges specified in Article 36, paragraph 1,
in respect of articles imported at the time of first installation.
3. Members of the service staff of the mission who are not nationals of or
        DIPLOMATIC IMMUNITIES AND PRIVILEGES      g CAP. 191.        13
permanently resident in the receiving State shall enjoy immunity in respect of acts
performed in the course of their duties, exemption from dues and taxes on the
emoluments they receive by reason of their employment and the exemption
contained in Article 33.
4. Private servants of members of the mission shall, if they are not nationals of
or permanently resident in the receiving State, be exempt from dues and taxes on the
emoluments they receive by reason of their employment. In other respects, they may
enjoy privileges and immunities only to the extent admitted by the receiving State.
However, the receiving State must exercise its jurisdiction over those persons in
such a manner as not to interfere unduly with the performance of the functions of the
mission.
A R T I C L E  38
1. Except in so far as additional privileges and immunities may be granted by
the receiving State, a diplomatic agent who is a national of or permanently resident
in that State shall enjoy only immunity from jurisdiction, and inviolability, in respect
of official acts performed in the exercise of his functions.
2. Other members of the staff of the mission and private servants who are
nationals of or permanently resident in the receiving State shall enjoy privileges and
immunities only to the extent admitted by the receiving State. However, the
receiving State must exercise its jurisdiction over those persons in such a manner as
not to interfere unduly with the performance of the functions of the mission.
A R T I C L E  39
l. Every person entitled to privileges and immunities shall enjoy them from the
moment he enters the territory of the receiving State on proceeding to take up his
post or, if already in its territory, from the moment when his appointment is notified
to the Ministry for Foreign Affairs or such other ministry as may be agreed.
2. When the functions of a person enjoying privileges and immunities have
come to an end, such privileges and immunities shall normally cease at the moment
when he leaves the country, or on expiry of a reasonable period in which to do so,
but shall subsist until that time, even in case of armed conflict. However, with
respect to acts performed by such a person in the exercise of his functions as member
of the mission, immunity shall continue to subsist.
3. In case of the death of a member of the mission, the members of his family
shall continue to enjoy the privileges and immunities to which they are entitled until
the expiry of a reasonable period in which to leave the country.
4. In the event of the death of a member of the mission not a national of or
permanently resident in the receiving State or a member of his family forming part
of his household, the receiving State shall permit the withdrawal of the movable
property of the deceased, with the exception of any property acquired in the country
the export of which was prohibited at the time of his death. Estate, succession and
inheritance duties shall not be levied on movable property the presence of which in
the receiving State was due solely to the presence there of the deceased as a member
of the mission or as a member of the family of a member of the mission.
  14        CAP. 191. h            DIPLOMATIC IMMUNITIES AND PRIVILEGES   
A R T I C L E  40
1. If a diplomatic agent passes through or is in the territory of a third State,
which has granted him a passport visa if such visa was necessary, while proceeding
to take up or to return to his post, or when returning to his own country, the third
State shall accord him inviolability and such other immunities as may be required to
ensure his transit or return. The same shall apply in the case of any members of his
family enjoying privileges or immunities who are accompanying the diplomatic
agent, or travelling separately to join him or to return to their country.
2. In circumstances similar to those specified in paragraph 1 of this Article,
third States shall not hinder the passage of members of the administrative and
technical or service staff of a mission, and of members of their families, through
their territories.
3. Third States shall accord to official correspondence and other official
communications in transit, including messages in code or cipher, the same freedom
and protection as is accorded by the receiving State. They shall accord to diplomatic
couriers, who have been granted a passport visa if such visa was necessary, and
diplomatic bags in transit the same inviolability and protection as the receiving State
is bound to accord.
4. The obligations of third States under paragraphs 1, 2 and 3 of this Article
shall also apply to the persons mentioned respectively in those paragraphs, and to
official communications and diplomatic bags, whose presence in the territory of the
third State is due to  force majeure .
SECOND SCHEDULE
gArticle 5h
I N T E R N A T I O N A L  O R G A N I Z A T I O N  A N D  P E R S O N S  C O N N E C T E D  T H E R E W I T H  
PART I
I M M U N I T I E S  A N D  P R I V I L E G E S  O F  T H E  O R G A N I Z A T I O N  
1. Immunity from suit and legal process.
2. The like inviolability of official archives and premises occupied as offices as
is accorded in respect of the official archives and premises of a head of mission of a
sending State.
3. The like exemption or relief from taxes, duties, rates and fees other than
duties on the importation of goods, as is accorded to a sending State.
4. Exemption from duties on the importation of goods directly imported by the
organization for its official use in Malta or for exportation, or on the importation of
any publications of the organization directly imported by it, such exemption to be
subject to compliance with such conditions as the Minister responsible for finance or
any public officer delegated by him in that behalf may prescribe for the protection of
the revenue.
5. Exemption from prohibitions and restrictions on importation or exportation
        DIPLOMATIC IMMUNITIES AND PRIVILEGES      g CAP. 191.        15
in the case of goods directly imported or exported by the organization for its official
use and in the case of any publications of the organization directly imported or
exported by it.
6. The right to avail itself, for telegraphic communications sent by it and
containing only matter intended for publication by the press or for broadcasting
(including communications addressed to or despatched from places outside Malta),
of any reduced rates applicable for the corresponding service in the case of press
telegrams.
PART II
I M M U N I T I E S  A N D  P R I V I L E G E S  O F  H I G H  O F F I C E R S , R E P R E S E N T A T I V E S , M E M B E R S  O F  
C O M M I T T E E S  A N D  P E R S O N S  O N  M I S S I O N S
1. The like immunity from suit and legal process as is accorded to a head of
mission of a sending State.
2. The like inviolability of residence as is accorded to such a head of mission.
3. The like exemption or relief from taxes, duties, rates and fees as is accorded
to such a head of mission.
PART III
I M M U N I T I E S  A N D  P R I V I L E G E S  O F  O T H E R  O F F I C E R S  A N D  S E R V A N T S
1. Immunity from suit and legal process in respect of things done or omitted to
be done in the course of the performance of official duties.
2. Exemption from income tax in respect of emoluments received as an officer
or servant of the organization.
PART IV
I M M U N I T I E S  A N D  P R I V I L E G E S  O F  O F F I C I A L  S T A F F  A N D  O F  H I G H
 O F F I C E R ’ S  F A M I L Y
1. Where any person is entitled to any such immunities and privileges as are
mentioned in Part II of this Schedule as a representative on any organ of the
organization or a member of any committee of the organization or of an organ
thereof, his official staff accompanying him as such a representative or member shall
also be entitled to those immunities and privileges to the same extent as the retinue
of a head of mission of a sending State is entitled to the immunities and privileges
accorded to the head of mission.
  16        CAP. 191. h            DIPLOMATIC IMMUNITIES AND PRIVILEGES   
2. Where any person is entitled to any such immunities and privileges as are
mentioned in Part II of this Schedule as an officer of the organization, that person’s
wife or husband and children under the age of twenty-one years shall also be entitled
to those immunities and privileges to the same extent as the wife or husband and
children of a head of mission of a sending State are entitled to the immunities and
privileges accorded to the head of mission.
