(Note: Status of SPC staff inside French Territories are covered by
the SPC-France ("Angammarre") Agreement
of 1953)
Australia
The Statutory Rule No 64 for 1961 amends the "International
Organisations (Privileges and Immunities) Regulations" and lists
the Commission on a schedule of organisations covered by the
Regulations. Statutory Rule No 71 (171?) of 1970: "Regulations
under the International Organisations (Privileges and Immunities) Act
1936-1966: South Pacific Commission (Privileges and Immunities)
Regulations" provides for the Commission to have the privileges
and immunities specified in paragraphs 1-9, 11 and 12 of the First
Schedule to the International Organisation (Privileges and
Immunities) Act. The Secretary-General and Deputy Secretary-General
are considered "high officers" for the purposes of the Act,
and are accorded "the like privileges and immunities (including
privileges and immunities in respect of a spouse and children under
twenty one) as are accorded an envoy". They are also accorded
immunity from suit and legal process in respect of acts and things
done in their capacity as high officers.
Privileges and immunities of other staff include immunity from
personal arrest and detention; immunity from suit and other legal
process in respect of acts and things done in their official
capacity; inviolability of papers and documents; the right to use
codes; exemption from the laws relating to immigration and the
registration of aliens - these apply also to the spouses of officers;
exemption from currency or exchange restrictions to such extent as is
accorded to a representative of a foreign government on a temporaru
government mission; the like privileges and immunities as are
accorded an envoy, other than exemption on sales tax, excise duties
and import/export duties on goods other than personal baggage; the
right to import furniture and effects free of duty on first taking up
a post in Australia, and to re-export them on termination of
functions; exemption from taxation on salaries and emoluments
received from the organisation.
However, Australian citizens working in Australia are not exempt from
taxation to the extent to which their emoluments are for services
rendered in Australia (thus Australian staff in Sydney are subject to
income tax on their salaries). In the case of an Australian citizen
who is an officer of the Commission and is appointed for service
outside Australia, only the official salary and emoluments paid to
him for services rendered out of Australia are exempt from income tax
(letter from Department of Territories, Canberra, dated 25 November 1960).
Solomon Islands
The Diplomatic Privileges (South Pacific Commission) Order, 1956,
provides that the Secretary-General and Deputy Secretary-General
shall have immunity from suit and legal process as for the envoy of a
foreign power accredited to Her Majesty; inviolability of residence
as for an envoy; and except in the case of a British subject employed
and domiciled in the Protectorate, like exemption and releif from
taxes as is accorded to a Consul. All other staff also have immunity
from the legal process and (except for British subjects domiciled and
working in the Protectorate) immunity from income tax on Commission emoluments.
Fiji
The Diplomatic Privileges (Application) Order, 1956, states that the
United Kingdom and other sovereign powers are members of the
Commission. The Diplomatic Privileges (South Pacific Commission)
Order, 1956, contains the same provisions as the British Solomon
Islands Protectorate Order.
Tuvalu and Kiribati
The Diplomatic Privileges (South Pacific Commission) Order, 1957,
covering the former Gilbert and Ellice Islands colony contains the
same provisions as the British Solomon Islands Protectorate Order.
New Zealand (and Cook Islands, Niue, Tokelau, Western Samoa)
The Diplomatic Privileges (South Pacific Commission) Order, 1959, of
New Zealand, gives the Secretary-General and Deputy Secretary-General
"the like immunity from suit and legal process, the like
inviolability of residence and the like exemption from taxes and
rates as are accorded to a foreign envoy". All SPC officials are
immune from suit and legal process in respect of their official words
and acts, exempt from income tax in respect of their SPC emoluments,
exempt from taxes on personal effects at time of taking up post in
New Zealand, immune from personal arrest or detention and from
seizure of their personal baggage. Papers and documents relating to
the work of the Commission are inviolable.
Tonga
A letter from the Second Commissioner for the United Kingdom, dated 1
July 1957, states that it is understood that Tonga will grant
privileges and immunities similar to those granted by Fiji, but is of
the opinion that formal legislation for this purpose is not necessary.
United Kingdom
A file note dated October 1952 states that the Second Commissioner
for the United Kingdom has informed the Secretary-General that
"it is not proposed that the United Kingdom enact any
legislation in this regard as they were opposed to the principle of
granting privileges and immunities to the South Pacific Commission in
respect of territories outside the Commission's area".
United States
SPC was designated as a public international organisation under the
International Organisations Immunities Act by Executive Order No
10086, signed by President Truman on 25th November 1949. Under the
Act, alien (ie non U.S.) officers of SPC can import personal effects
duty free on arrival; are not subject to income tax; have immunity
with regard to alien registration, fingerprinting and registration of
foreign agents (the same immunities are accorded to officers and
employees of foreign governments). Alien representatives and
employees are authorised to have a special kind of visa known as
"3(7) visa". No employee of the Commission or any member of
his family can be required to leave the United States without the
approval of the Secretary of State. SPC employees including US
citizens are immune to suit and every form of official process with
regard to their official acts.
In order for them to be entitled to the benfits of the Act, the names
of the individuals concerned must be presented to and accepted by the
Secretary of State.
The Act also specifies that the privileges granted do not confer
diplomatic status and that privileges other than those specified are
not to be implied.
In a letter from the US Department of State dated 9 July 1958 it is
stated that SPC is entitled to the benefits of the Act in territories
under US jurisdiction, including American Samoa, Guam and the Trust
Territory of the Pacific Islands.
A further agreement between the United States and SPC allows for the
United States to reimburse to the SPC an amount equal to any federal
income tax which has been paid on their SPC emoluments by those
employees who are US citizens. The SPC will in turn refund those
employees with the amount of tax they have been paid.
Note also the provisions of the United States Code Chapter 7 on "International
Bureaus, Congresses etc."
