Privileges and Immunities (Shelter-Afrique) Act

Year of Act: 
1997
Number of Act: 
17
Date of promulgation: 
01 January 1997
Date of commencement: 
05 January 1998

 

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CONSOLIDATED TO 30 JUNE 2012

 

LAWS OF SEYCHELLES

 

Act 17 of 1997

PRIVILEGES AND IMMUNITIES (SHELTER-AFRIQUE) ACT

[5th January 1998]

 

 

ARRANGEMENT OF SECTIONS

1.      Short title

2.      Interpretation

3.      Shelter-Afrique a body corporate

4.      Privileges and immunities

Schedule

___________________

 

1.            This Act may be cited as the Privileges and Immunities (Shelter-Afrique) Act.

2.            In this Act —

“Protocol Agreement” means the Protocol Agreement between the Government and Shelter-Afrique concerning privileges and immunities to Shelter-Afrique;

 

“Shelter-Afrique” means the Company for Habitat and Housing in Africa which was established under the Shelter-Afrique Act No. 18 of 1985, of the Laws of Kenya.

 

3.            Shelter-Afrique shall, in Seychelles, have corporate status and legal capacities of a corporate body and, without prejudice to the foregoing, it may enter into contract, acquire, hold and dispose of immovable and movable property and sue and be sued in its corporate name.

4.            (1)        Shelter-Afrique shall have the privileges and immunities provided in articles II to VII of the Protocol Agreement.

(2)        Articles II to VII of the Protocol Agreement are set out in the Schedule.

 

 

_______________________

 

SCHEDULE

         (section 4)

PROTOCOL AGREEMENT

 

ARTICLE II

 

IMMUNITY FROM ALL FORMS OF SEIZURE

 

SHELTER-AFRIQUE and its property and assets wherever located and by whomsoever held shall be immune from all forms of seizure, attachment of execution before the delivery of final judgment against SHELTER-AFRIQUE.

 

ARTICLE III

 

IMMUNITY OF ASSETS, ARCHIVES AND FREEDOM OF ASSETS FROM

 

RESTRICTION

 

         (a)       The property and assets of SHELTER-AFRIQUE, wherever located and by whomsoever held, shall be immune from research, requisition, confiscation, expropriation or any other form of taking or foreclosure by executive or legislative action;

 

         (b)       The archives of SHELTER-AFRIQUE and in general all documents belonging to it or held by it, shall be inviolable, wherever located;

 

         (c)       To the extent necessary to carry out the purpose and functions of SHELTER-AFRIQUE it shall be free from exchange and other restrictions by financial controls, regulations or moratoria of any kind.

        

ARTICLE IV

 

PRIVILEGES FOR COMMUNICATIONS

 

Official communications of SHELTER-AFRIQUE shall be accorded the same treatment as is accorded to the official communications of international institutions of which the Government of the Republic of Seychelles is a member.

 

ARTICLE V

 

IMMUNITIES  AND PRIVILEGES OF OFFICIALS

 

ANDPERSONNEL

 

All representatives, officials, agents and employees including experts performing missions for SHELTER-AFRIQUE:

 

               (a)     shall be immune from legal process with respect to acts performed by them in their official capacity;

 

               (b)     when they are not nationals, shall be accorded no less favourable immunities from immigration restrictions, alien registration requirements, and national service obligations, and no less favourable facilities as regards exchange regulations than are accorded by the Government of the Republic of Seychelles to the representatives, officials, agents, employees and experts of any international financial institution of which it is a member; and

 

               (c)     shall be granted no less favourable treatment in respect of travelling facilities than are accorded to representatives, officials, agents, employees and experts of any international financial institution of which Seychelles is a member.

 

ARTICLE VI

 

EXEMPTION FROM TAXATION

 

               (a)     SHELTER-AFRIQUE, its assets, property, income, operations and transactions shall be exempt from all direct taxation, and from all customs duties, or taxes having equivalent effect, on goods imported for its official use. 

                        SHELTER-AFRIQUE shall also be exempt from any obligation for the payment, witholding or collection of any tax or duty, provided that:

                       

                        (i)      SHELTER-AFRIQUE shall not claim exemption from taxes which are no more than charges for services rendered.

 

                        (ii)     articles imported under an exemption provided for in this paragraph shall not be sold in the territory of the Government of the Republic of Seychelles except under conditions agreed with the Government.

 

               (b)     No tax shall be levied on or in respect of salaries and emoluments paid by SHELTER-AFRIQUE to its representatives, officials, agents, employees and experts where such representatives, officials, agents, employees and experts are not nationals or permanent residents of Seychelles. They shall be free to maintain within Seychelles foreign accounts in local currency and elsewhere and upon termination of their employment with SHELTER-AFRIQUE, shall have the right to transfer out of the Government of the Republic of Seychelles  funds in any non Seychelles currency without any restriction or limitation provided that the person concerned can show good cause for his lawful possession of such funds.

 

ARTILCE VII

FINANCIAL FACILITIES

 

Without being restricted by financial controls, restrictions, regulations or moratoria of any kind, SHELTER-AFRIQUE may freely:

 

               (a)    acquire negotiable currencies from authorised banks, hold them and use them, operate accounts in any currency, and through authorised channels acquire, hold and dispose of funds, securities and gold;

 

               (b)    transfer its funds, securities, gold and currencies, from or to any other country, or within the territory of Seychelles;

 

               (c)    in exercising its rights under this Article SHELTER-AFRIQUE shall pay due regard to any representations made by the Government of the Republic of Seychelles and shall give effect to such representations;

              

               (d)    the Government of the Republic of Seychelles shall assist SHELTER-AFRIQUE to obtain the most favourable conditions as regards exchange rates, banking commissions on exchange transactions and the like.

 

 

 

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NO SUBSIDIARY LEGISLATION

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