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AFRICAN DEVELOPMENT BANK
(IMMUNITIES AND PRIVILEGES)
DECREE, 1967 (NLCD 173)
ARRANGEMENT OF SECTIONS
Section
1. Articles of agreement to have
the force of law
2. Commencement
Schedule
Schedule
WHEREAS an Agreement establishing
the African Development Bank (in
this Decree referred to as the
"Agreement") was signed on behalf
of the Government of Ghana in
Khartoum on the 4th day of August
1963, and ratified by the said
Government on the 30th day of June
1964:
AND WHEREAS it is decided to give
effect to the Agreement and for
that purpose to provide that
certain provisions thereof shall
have the force of law in Ghana:
NOW THEREFORE, in pursuance of the
"Proclamation for the constitution
of a National Liberation Council
for the administration of Ghana
and for other matters connected
therewith" published in Gazette
No.11 of Monday, 28th February,
1966 this Decree is hereby made:—
Section 1—Articles of Agreement to
have the Force of Law.
The following articles of the
Agreement which are fully set out
in the Schedule to this Decree,
shall have the force of law in
Ghana, namely—
(a) Articles 50 and 51 (status)
(b) Articles 52 (judicial
proceedings)
(c) Articles 53 and 54 (immunity
of assets and archives)
(d) Articles 55 (privilege for
communications)
(e) Articles 56 and 59 (personal
immunities and privileges)
(f) Articles 57 (exemption from
taxation).
Section 2—Commencement.
This Decree shall come into
operation on the 12th day of May,
1967.
SCHEDULE
CHAPTER VII
STATUS, IMMUNITIES, EXEMPTIONS AND
PRIVILEGES
Article 50
STATUS
To enable it to fulfil its purpose
and the functions with which it is
entrusted, the Bank shall possess
full international personality.
To those ends, it may enter into
agreements with members,
non-member States and other
international organisations. To
the same ends, the status,
immunities, exemptions and
privileges set forth in this
chapter shall be accorded to the
Bank in the territory of each
member.
Article 51
STATUS IN MEMBER COUNTRIES
In the territory of each member
the Bank shall possess full
juridical personality and, in
particular, full capacity:
(a) To contract;
(b) To acquire and dispose of
immovable and movable property;
and
(c) To institute legal
proceedings.
Article 52
JUDICIAL PROCEEDINGS
(1) The Bank shall enjoy immunity
from every form of legal process
except in cases arising out of the
exercise of its borrowing powers
when it may be sued only in a
court of competent jurisdiction in
the territory of a member in which
the Bank has its principal office,
or in the territory of a member or
non-member States where it has
appointed an agent for the purpose
of accepting service or notice of
process or has issued or
guaranteed securities. No actions
shall, however, be brought by
members or persons acting for or
deriving claims from members.
(2) The property and assets of the
Bank shall, wherever located and
by whomsoever held, be immune from
all forms of seizure, attachment
or execution before the delivery
of final judgment against the
Bank.
Article 53
IMMUNITY OF ASSETS AND ARCHIVES
(1) Property and assets of the
Bank, wherever located and by
whosoever held, shall be immune
from search, requisition,
confiscation, expropriation or any
other form of taking or
foreclosure by executive or
legislative action.
(2) The archives of the Bank and,
in general, all documents
belonging to it, or held by it,
shall be inviolable, wherever
located.
Article 54
FREEDOM OF ASSETS FROM RESTRICTION
To the extent necessary to carry
out the purpose and functions of
the Bank and subject to the
provisions of this Agreement, all
property and other assets of the
Bank shall be exempt from
restrictions, regulations,
controls and moratoria of any
nature.
Article 55
PRIVILEGE FOR COMMUNICATIONS
Official communications of the
Bank shall be accorded by each
member the same treatment that it
accords to the official
communications of other members.
Article 56
PERSONAL IMMUNITIES AND PRIVILEGES
(1) All governors, directors,
alternates, officers and employees
of the Bank:
(i)
shall be immune from legal process
with respect to acts performed by
them in their official capacity;
(ii) where they are not local
nationals, shall be accorded the
same immunities from immigration
restrictions, alien registration
requirements and national service
obligations, and the same
facilities as regards exchange
regulations as are accorded by
members to the representatives,
officials and employees of
comparable rank of other members;
and
(iii) shall be granted the same
treatment in respect of travelling
facilities as is accorded by
members to representatives,
officials and employees of
comparable rank of other members.
(2) Experts and consultants
performing missions for the Bank
shall be accorded such immunities
and privileges as are, in the
opinion of the Bank, necessary for
the independent exercise of their
functions during the period of
their mission, including the time
spent on journeys in connexion
therewith.
Article 57
EXEMPTION FROM TAXATION
(1) The Bank, its property, other
assets, income and its operations
and transactions shall be exempt
from all taxation and from all
customs duties. The Bank shall
also be exempt from any obligation
relating to the payment,
withholding or collection of any
tax or duty.
(2) No tax shall be levied on or
in respect of salaries and
emoluments paid by the Bank to
directors, alternates, officers
and other professional staff of
the Bank.
(3) No tax of any kind shall be
levied on any obligation or
security issued by the Bank,
including any dividend or interest
thereon, by whomsoever held:
(i)
which discriminates against such
obligation or security solely
because it is issued by the Bank;
or
(ii) if the sole jurisdictional
basis for such taxation is the
place or currency in which it is
issued, made payable or paid, or
the location of any office or
place of business maintained by
the Bank.
(4) No tax of any kind shall be
levied on any obligation or
security guaranteed by the Bank,
including any dividend or interest
thereon, by whomsoever held:
(i)
which discriminates against such
obligation or security solely
because it is guaranteed by the
Bank; or
(ii) if the sole jurisdictional
basis for such taxation is the
location of any office or place
of business maintained by the
Bank.
Article 59
APPLICATION OF IMMUNITIES,
EXEMPTIONS AND PRIVILEGES
The immunities, exemptions and
privileges provided in this
chapter are granted in the
interest of the Bank. The Board of
Directors may waive to such extent
and upon such conditions as it may
determine the immunities and
exemptions provided in articles
52, 54, 56 and 57 of this
Agreement in cases where its
action would in its opinion
further the interests of the Bank.
The President shall have, the
right and the duty to waive the
immunity of any official in cases
where, in his opinion, the
immunity would impede the course
of justice and can be waived
without prejudice to the interests
of the Bank.
Made this 12th day of May, 1967.
LT.-GEN. J. A. ANKRAH
Chairman of the National
Liberation Council
Date of Gazette Notification: 2nd
June, 1967.
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