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Jurisdictional Immunities of States and Their Property - Information and Materials Submitted by Governments: Addendum

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Jurisdictional Immunities of States and Their Property - Information and Materials Submitted by Governments: Addendum Document: A/CN.4/343/Add.1 Jurisdictional immunities of States and their property - Information and materials submitted by Governments: Addendum Topic: Jurisdictional immunities of States and their property Downloaded from the web site of the International Law Commission (http://www.un.org/law/ilc/index.htm) Copyright © United Nations Distr. UNITED NATIONS GENERAL A/CN.U/3*3/Add.l GENERAL 16 April 1981 ENGLISH ASSEMBLY ORIGINAL: ARABIC/ENGLISH/ FRENCH INTERNATIONAL LAW COMMISSION Thirty-third session h May-2U July 1981 JURISDICnONAL IMMUNITIES OF STATES AND THEIR PROPERTY Information and materials submitted by Governmeots Addendum CONTENTS Page II. MATERIALS SUBMITTED BY GOVERNMENTS TOGETHER WITH THEIR REILIES TO THE QUESTIONNAIRE \ 3 A. National legislation 3 1. Syrian Arab Republic 3 Legislative Decree No. 189 3 2. United Kingdom of Great Britain and Northern Ir.ils.nd ...... 5 (a) State Immunity Act of 1978 5 (b) International Immunities and Privileges, The State Immunity (Overseas Territories) Order 1979 19 3. United States of America 21 (a) Foreign Sovereign Immunities Act of 1976 21 (b) Department of the Treasury, Internal Revenue Service (26 CFR Part 1) Income of Foreign Governments (Notice of Proposed Rulemaking) . 32 U. Yugoslavia 39 (a) Excerpt from the Lav on Litigious Procedure 39 (b) Excerpt from the Law on Executive Procedure ^0 (c) Excerpts from the Lav on the General .Administrative Procedure ^0 (d) Excerpt from the Law on Maritime and Inland 'Javigation . ho GE.8l-6:.62o English Page 2 CONTESTS (continued) B. Other materials kl 1, Federal Republic of Germany kl (a) Note of 7 August 1979 from the Charge d1 Affaires of. the Permanent Mission of the Federal Republic of Gernany to the United Nations addressed to the Secretary-General . , *+l (b) General principles of some major decisions on the subject rendered by courts of the Federal Republic of Germany . k2 2. Netherlands k6 Summary of a report submitted by C. C. A. Voskuil to the Netherlands International Law Association (1973) k6 A/CN.U/3U3/Add.l Eagi-1' ~h Page 3 II. MATERIALS SUBMITTED BY GOVERNMENTS TOGETHER WITH THEIR REPLIES TO THE QUESTIONNAIRE A. NATIONAL LEGISLATION l-: SYRIAN ARAB REPUBLIC /Oiiginal: Arabic/ LEGISLATIVE DECREE NO. 189 1/ PROMULGATED ON 1 APRIL 19^2 CONCERNING CONDITIONS ON WHICH NON-SYRIANS MAY OWN IMMOVABLE PROPEITY, AS AMENDED BY LEGISLATIVE DECREE NO. 155 OF 15 NOVEMBER 1952, LEGISLATIVE DECREE NO, 123 OF 6 OCTOBER 1953 2/ AND LEGISLATIVE DECREE NO. 75 OF 28 JULY 1962 The President of the State and Chairman of the Council of Ministers decrees as follows: ARTICLE 1 3/ 1. The establishment, change or transfer of any -eal right in lands of the Syrian Arab Republic in the name of or for the use of any non-Syrian natural or juridical person is prohibited. The drawing up of contracts fcr agricultural rental and exploitation of such lands for a period exceeding three years in the name of or for the use of such persons is also prohibited. 2. Where immovable property, not being a built-on area in the centre of a Governorate, passes to a non-Syrian by way of inheritance, transfer, testament or liquidation of a religious endowment, the heir's right to inherit, transfer, bequeath by testament and liquidate shall lapse and the immovable property in question shall revert to the Administration of State.Property in return for the estimated price in accordance with the Expropriation Act. 3. Notwithstanding the provisions; of the two preceding paragraphs, non-Syrian Arabs may acquire real rights in immovable property within the Limits of the right accorded by the legislation of their countries to Syrians; such acquisition shall be subject to a permit issued (by a decree of the Minister o: tie Interior) by a Republican decree, k/ 1/ Under Legislative; Decree No.'75 of 28 July 1962 the woris "President of the State" were replaced by the words "Minister for the Interior", the words "Minister of Justice" by the words "Minister of Agrarian Reform1 and the expression "Republican Decree" by the words "Decree of the Minister of the Interior" wherever they occur in this Legislative Decree. 2/ Under Legislative Decree No. 133 of 6 October 1953, the provisions of articles 1 and 2 become effective as of the date of implementation of Legislative Decree No. 155 of 15 November 1952. 3/ As amended by Legislative Decree' No. 123 of 6 October 1?53. kj ^his expression ras changed by Legislative Decree ITo. 1<33 of 12 August 1969. A/CN.U/3U3/Md.l English Page h ARTICLE 2 By way of exception from the provisions of the preceding article, non-Syrians may acquire any real right in immovable property situated in buil'^-on areas in the centre of a governorate. ARTICLE 3 A non-Syrian may not acquire any right under the provisions of article 2 except by prior acquisition of a permit accorded by a decree of the Minister of the Interior. ARTICLE k An application for a permit shall be submitted to the immovable property registrar of the district in respect of each contract and each dei»d separately. The immovable property registrar shall, after completing the customary legal procedures, refer such applications to the Governor, who shall make an investigation of his own responsibility by all means which he deems necessary in order to arrive at the truth. The Governor shall draw up a report on the results of the investigation,, accompanied by his opinion, and refer it with the application to i.he immovable property registrar. The immovable property registrar shall submit the application, together with the records of the investigation, to the Minister of Agrarian Reform through the General Directorate of Immovable Property Interests. ARTICLE 5 A final decision shall be taken on the application for a permit within one. month from the arrival of the file at the office of the Ministry cf the Interior. ARTICLE 6 The Minister of the Interior's refusal to grant a permit shaJl be final and not subject to any appeal. However, the application may be resubiitted after the expiry of one year from the date of the refusal. ARTICLE 7 Any contract concluded in contravention of the provisions of this Legislative Decree and any contract concluded in the name of a fictitious person with a view to evasion of its provisions shall be deemed null and void. All subsidiary provisions entered into for the purpose of guaranteeing the implenentation of such contracts shall be deemed null and void. A/CN.U/3U3/Add.l English Page 5 ARTICLE 8 1. A penalty of imprisonment for a term of one to three years and a fine equivalent to tht amount of the funds anc" rights dealt with in the contract or one of these two penalties shall b<? imposed on any person who proceeds to draw up a contract for a non-Syrian in contravention of the provisions Df this Legislative Decree or who intervenes in or mediates its conclusion. In addition, all funds and rights to which the contract relates shall "be confiscated. 2. The Public Prosecutor shall institute proceedings in the competent courts for the invalidation of contracts registered in contravention of the' provisions of this Legislative Decree and shall be responsible for following up the implementation of the decisions handed down in such cases. ARTICLE 9 Legislative Decree Ho. lU3 of 28 July 19^3 and all texts wiich conflict with the provisions of the present Legislative Decree are hereby rescinded. ARTICLE 10 This; Legislative Decree shall be published and transmitted to those responsible for enforcing its provisions. 2. UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND /Original: English/ IJ, July 197£7 (a) STATE IMMUNITY ACT OF 1978 . 1978 CHAPTER 33 An Act to make new provision with respect to proceedings ir. the United Kingdom by or against other States; to provide for the effect of judgmei.ts given against the United Kingdom in the courts of States parties to the European Convention on State Immunity; to make new provision with respect to the immunities and privileges of heads of State:; and for connected purposes. _ /20tl- July 1978/ BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, ir this present Parliament assembled, and by the authority of the same, as follows:- A/CN.U/3U3/Add.l English Page 6 PART I PROCEEDINGS IK UNITED KINGDOM BY OR AGAIIIST OTHER STATES Immunity frot jurisdiction l.-(l) A State is imir.une from the jurisdiction of the courts of the United Kingdom except as provided in the following provisions of this Part of this Act,, (2) A court shall give effect to the immunity conferred by bhis action even though the State does not appear in the proceedings in question. Exceptions from immunity 2.-(l] A State is not immune as respects proceedings in respect of which it has submitted to the jurisdiction of the courts of the United Kingdom. (2) A State may submit after the dispute giving rise to the proceedings has arisen or by a prior written agreement; but a provision in any agreement that it is to be governed by the law of the United Kingdom is not to be regarded as a submission. (3) A State is deemed to have submitted - (EO if it has instituted the proceedings i or (b_) subject to subsections (h) and (5) below, if it ha; intervened or taken any step in the proceedings. (k) Subsection (3)(b_) above does not apply to intervention :>r any step taken for the purpose only of - (_a) claiming immunity: or (b_) asserting an interest in property in circumstances such that the State would have been entitled to immunity if the proceedings had been brought against it.
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