Diplomatic Privilege and Immunities of the Foreign States and Representatives Act, 2027 (1970)

[vc_custom_heading text=”Diplomatic Privilege And Immunities Of The Foreign States And Representatives Act, 2027 (1970)” use_theme_fonts=”yes” el_id=”diplomatic_privilege_and_immunities_of_the_foreign_states_and_representatives_act,_2027_(1970)”][vc_column_text]

Diplomatic Privilege and Immunities of the Foreign
States and Representatives Act, 2027 (1970)
Date of Authentication and Publication
2027.6.18 (October 4, 1970)
Act No 4 of 2027
An Act made to provide for Privilege and Immunities for
the Foreign State and their Diplomatic Representative (Agent)
Preamble: Whereas, it is expedient to provide for provision on diplomatic privileges and immunities to the foreign state, their representatives and officials in accordance with International Law and Usages (Practice),
Be it enacted by His Majesty King Mahendra Bir Bikram Shahdev with the advise and consent of the Rastriya Panchayat.[/vc_column_text][vc_custom_heading text=”1. Short Title, Extent And Commencement” use_theme_fonts=”yes” el_id=”1._short_title,_extent_and_commencement”][vc_column_text](1) This Act may be called the “Diplomatic Privilege and Immunities of Foreign States and Representatives Act, 2027 (1970)”.
(2) This Act shall extend to the whole of Nepal,
(3) This Act shall come into force immediately[/vc_column_text][vc_custom_heading text=”2. Definitions” use_theme_fonts=”yes” el_id=”2._definitions”][vc_column_text]

2. Definitions: In this Act, unless the subject or context otherwise requires,-
(a) “Foreign State” means a foreign state which has diplomatic relation with Nepal.
(b) “Mission: means a mission stationed by a foreign state to conduct (perform) diplomatic activities in Nepal.
(c) “Head of the Mission” means a person deputed by a foreign state to function as a Head of the Mission upon receiving the approval of the Head
of the State or the Government of Nepal.
(d) “Diplomatic Staff” means any staff deputed in any diplomatic position of the Mission.
(e) “Diplomatic Agent” means Chief of the Mission or any Diplomatic Staff of the Mission.
(f) “Administrative and Technical Staff” means a staff who is deputed in the Mission to perform administrative and technical functions.
(g) “Service Staff” means a staff of the Mission who is engaged in the internal activities of the Mission.
(h) “Family” in relation to the diplomatic representative means any member of the family who is accompanied by or living with the Chief or Staff of the
Mission as a part of his/her house holding.
(i) “Building or premise of the Mission” means the building or any part thereof including the land ancillary thereto irrespective of ownership, used for the
purpose of the Mission including the residence of the Head of the Mission.
(j) “Private Help (Servant)” means the Private Help who is in the domestic service of a member of the Mission and who is not an employee of the
sending state.[/vc_column_text][vc_custom_heading text=”3. Building And Premises Of A Mission To Be Inviolable” use_theme_fonts=”yes” el_id=”3._building_and_premises_of_a_mission_to_be_inviolable”][vc_column_text](1) The building and premises of the Mission shall be inviolable. The official or an agent of the Government of Nepal shall not enter into them, except with the consent of the Head of the Mission.
(2) It shall be the duty of the Government of Nepal to protect the building and 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 building, premises of the Mission, their furnishings and other property thereon and means of transport or the Mission shall be immune from
search, requisition, confiscation, attachment or execution.[/vc_column_text][vc_custom_heading text=”4. Archives Of The Mission To Be Inviolable” use_theme_fonts=”yes” el_id=”4._archives_of_the_mission_to_be_inviolable”][vc_column_text]

4. Archives of the Mission to be inviolable: The archives and documents of the Mission shall be inviolable at any time and wherever they may be[/vc_column_text][vc_custom_heading text=”5. Official Correspondence Of The Mission To Be Inviolable” use_theme_fonts=”yes” el_id=”5._official_correspondence_of_the_mission_to_be_inviolable”][vc_column_text](1) The official correspondence of the Mission shall be inviolable and diplomatic bag (mail) shall not be opened or detained.
Provided that, the packages constituting the diplomatic bag must bear visible external mark of their charter (i.e. Diplomatic) and may not contain other
than diplomatic documents or articles intended for official use.
(2) The diplomatic courier shall enjoy person/al inviolability and shall not be liable to any form of arrest or detention.[/vc_column_text][vc_custom_heading text=”6. Exemption Of Tax Regarding Building And Premises Of The Mission” use_theme_fonts=”yes” el_id=”6._exemption_of_tax_regarding_building_and_premises_of_the_mission”][vc_column_text](1) The Foreign State and the Head of the Mission shall be exempt from national or municipal dues and taxes in respect of the buildings and premises of the Mission
Provided that, the party to a contract concluded with the Foreign State, shall not be exempted from any tax or dues to be paid pursuant to the (Prevailing) Nepal
laws.[/vc_column_text][vc_custom_heading text=”7. Personal Inviolability Of The Diplomatic Agent” use_theme_fonts=”yes” el_id=”7._personal_inviolability_of_the_diplomatic_agent”][vc_column_text]

7. Personal Inviolability of the Diplomatic Agent: A diplomatic agent shall enjoy personal inviolability and he/she shall not be arrested or detained.
Provided that, the concerned employee of the Government of Nepal may inquire with the diplomatic agent with decorum and due respect to collect
information regarding any criminal charge.[/vc_column_text][vc_custom_heading text=”8. Inviolability Of A Private Residence Of The Diplomatic Agent” use_theme_fonts=”yes” el_id=”8._inviolability_of_a_private_residence_of_the_diplomatic_agent”][vc_column_text]

8. Inviolability of a private residence of the Diplomatic Agent: The private residence of a Diplomatic Agent shall enjoy the same inviolability and protection
as the building and premises of the Mission and except otherwise provided in this Act his/her papers correspondence and property shall likewise enjoy inviolability[/vc_column_text][vc_custom_heading text=”9. Other Exemptions To The Diplomatic Agent” use_theme_fonts=”yes” el_id=”9._other_exemptions_to_the_diplomatic_agent”][vc_column_text]1) A Diplomatic Agent shall be exempt from social security provisions which may be in force in Nepal.
(2) A Diplomatic Agent shall be exempted from all kinds of personal service, any kinds of public service and military obligation by the Government of
Nepal[/vc_column_text][vc_custom_heading text=”10. Immunity From Criminal, Civil And Administrative Jurisdictions Of Nepal Toâ the Diplomatic Agent” use_theme_fonts=”yes” el_id=”10._immunity_from_criminal,_civil_and_administrative_jurisdictions_of_nepal_toâ the_diplomatic_agent”][vc_column_text](1) Except in the cases provided here under, a Diplomatic Agent shall enjoy immunity from all criminal civil and administrative
jurisdictions:
(a) A real action relating to private immovable property situated in the territory of the Foreign State for the purpose of the Mission.
(b) An action relating to succession in which the diplomatic agent is involved as a private person and not on behalf of the Foreign State.
(c) An action relating to any professional or commercial activity exercised by the Diplomatic Agent outside his/her 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-section (a), (b) and (c) and provided
that the measures concerned can be taken without infringing the inviolability of his/her person or of this/her residence.
(4) Notwithstanding anything contained in this Section, the initiation of the proceedings by a Diplomatic Agent shall preclude him/her from invoking
immunity from jurisdiction in respect of any counter claim connected with the principal claim.[/vc_column_text][vc_custom_heading text=”11. Tax Exemption To The Diplomatic Agent” use_theme_fonts=”yes” el_id=”11._tax_exemption_to_the_diplomatic_agent”][vc_column_text]A Diplomatic Agent shall be exempt from all taxes and dues, personal or real, national, local or municipal except,
(a) Indirect taxes of a kind which are normally incorporated in the price of goods or services.
(b) Taxes and dues on private immovable property, situated within the territory of Nepal, unless he/she holds it on behalf of the Foreign State for the
purpose of the Mission.
(c) Estate (property), succession or inheritance tax (duty) levied to the Diplomatic Agent.
Provided that, in the event of the death of a member of a mission, no tax shall be levied on a movable property of the deceased, except which is
prohibited at the time of his/her death, the presence of which 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.
(d) Tax on private income to the Diplomatic Agent having its source in Nepal, (e) Capital tax on the investments made by the Diplomatic Agent in
commercial under takings in Nepal.
(f) Taxes or charges (Fees) levied for specific service rendered,
(g) Court fee, Registration fee, Stamp duty and Record (to get duplicate copy) fee with respect to the immovable property.[/vc_column_text][vc_custom_heading text=”12. Exemption From Custom Duty” use_theme_fonts=”yes” el_id=”12._exemption_from_custom_duty”][vc_column_text](1) Government of Nepal shall, in accordance with such Nepal laws as it may adopt, permit entry of and grant exemption from  all customs duties taxes and related charges other than the charges for storage,  cartage and similar service; on:
(a) Articles for the official use of the Mission,
(b) Articles for the personal use of a Diplomatic Agent or members of his/her family forming part of his/her household.
(2) The personal baggage of a Diplomatic Agent shall be exempt from inspection or search, unless there are serious grounds for presuming that it contains articles not covered by the exemptions mentioned in Sub-section (1) or articles import or export of which is prohibited by law or controlled by a quarantine regulations of Nepal. Such inspection or search may be conducted only in the presence of the Diplomatic Agent or of his/her authorized representative.[/vc_column_text][vc_custom_heading text=”13. Privileges And Immunities To The Members Of The Family Of The Diplomaticâ â agent” use_theme_fonts=”yes” el_id=”13._privileges_and_immunities_to_the_members_of_the_family_of_the_diplomaticâ â agent”][vc_column_text]

13. Privileges and Immunities to the members of the Family of the Diplomatic  Agent: The members of the Family of a Diplomatic Agent forming part of his/her
household shall, if they are not the citizens of Nepal, enjoying the privileges and immunities as good as the Diplomatic Agent receive in the private capacity
pursuant to this Act[/vc_column_text][vc_custom_heading text=”14. Privileges And Immunities To The Administrative And Technical Staffs Andâ their Family Members” use_theme_fonts=”yes” el_id=”14._privileges_and_immunities_to_the_administrative_and_technical_staffs_andâ their_family_members”][vc_column_text]

14. Privileges and Immunities to the Administrative and Technical Staffs and their Family Members: Members of the administrative and technical staffs,
together with members of their families forming part of their respective households, shall, if they are not the citizen of Nepal or permanently resident in
Nepal, enjoy only the privileges and immunities specified in from Section 7 to Section 11 except the immunities and privilege specified in Sub-section (1) of the
Section 10 to acts performed outside the course of their duties. They shall also enjoy the privilege, specified in Clause (b) of Sub-section (1) of Section 12 in
respect of articles imported at the time of first installation.[/vc_column_text][vc_custom_heading text=”15. Privileges And Immunities To The Service Staff” use_theme_fonts=”yes” el_id=”15._privileges_and_immunities_to_the_service_staff”][vc_column_text]

15. Privileges and immunities to the Service Staff: Members of the Service Staff of the Mission who are not citizen or permanently resident of Nepal shall enjoy
immunity in respect of acts performed in the course of their duties, exemption from tax and dues on the emoluments they receive by reason of their employment.[/vc_column_text][vc_custom_heading text=”16. Tax Exemption To The Private Help (servant)” use_theme_fonts=”yes” el_id=”16._tax_exemption_to_the_private_help_(servant)”][vc_column_text]

16. Tax exemption to the Private Help (Servant): Private Help (Servant) of members of the Mission, who are not citizens of or permanently resident of Nepal,
be exempt from taxes and dues on the emoluments they receive by reason of their employment.[/vc_column_text][vc_custom_heading text=”17. Privileges And Immunities To The Diplomatic Agents Who Are Citizens Orâ permanent Residents” use_theme_fonts=”yes” el_id=”17._privileges_and_immunities_to_the_diplomatic_agents_who_are_citizens_orâ permanent_residents”][vc_column_text]

17. Privileges and immunities to the Diplomatic Agents who are citizens or permanent residents: Except in so far as additional privileges and immunities so
granted by the Government of Nepal, a Diplomatic Agent who is a citizen of or permanently resident of Nepal shall enjoy only immunity from jurisdiction,
inviolability, in respect of official acts performed in the exercise of his/ her functions.[/vc_column_text][vc_custom_heading text=”18. Other Provisions Regarding Diplomatic Privileges And Immunities” use_theme_fonts=”yes” el_id=”18._other_provisions_regarding_diplomatic_privileges_and_immunities”][vc_column_text](1) Government of Nepal may, if considers it appropriate, provide additional  privileges or immunities other than as specified in this Act, to be implemented
generally or specifically by a notification in the Nepal Gazette.
(2) Government of Nepal may, by a notification in the Nepal Gazette, provide all the privileges and immunities specified in this Act to a Foreign Citizen
or International Organization or Institution, or employee thereof or a consular.
(3) Government of Nepal shall, as far as possible provide privileges and immunities mentioned in this Act on the basis of the reciprocity[/vc_column_text][vc_custom_heading text=”19. Authority Power To Frame Rules” use_theme_fonts=”yes” el_id=”19._authority_power_to_frame_rules”][vc_column_text]

19. Authority Power to Frame Rules: Government of Nepal may frame Rules to meet the objectives of this Act[/vc_column_text][vc_custom_heading text=”20. Repeal” use_theme_fonts=”yes” el_id=”20._repeal”][vc_column_text]

20. Repeal: Diplomatic privileges and immunities of the Foreign Nations and Representatives Act, 2019 (1962) is hereby, repealed[/vc_column_text][vc_column_text]

(Source: Nepal Law Commission)

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