A
collection of Philippine laws, statutes and codes
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Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 1620
PRESIDENTIAL DECREE NO. 1620 -
GRANTING TO THE INTERNATIONAL RICE RESEARCH INSTITUTE (IRRI) THE
STATUS, PREROGATIVES, PRIVILEGES AND IMMUNITIES OF AN INTERNATIONAL
ORGANIZATION
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chanroblesvirtualawlibrary
WHEREAS, on
December 9, 1959, the government of the Republic of the Philippines
signed a Memorandum of Understanding with the Ford Foundation and the
Rockefeller Foundation establishing the International Rice Research
Institute (IRRI) at Los Baños, Laguna, as an autonomous,
philanthropic, tax-free, non-profit, non-stock organization to carry
out the following objectives: chanroblesvirtualawlibrary
1. To conduct basis research on the rice plant, on
all phases of rice production, management, distribution and utilization
with a view of attaining nutritive and economic advantage of benefit
for the people of Asia and other major rice-growing areas through
improvement in quality and quantity of rice; chanroblesvirtualawlibrary
2. To publish and disseminate research findings and
recommendations of the Institute; chanroblesvirtualawlibrary
3. To distribute improved plant materials to regional
and international research centers where they might be of significant
value or use in breeding or improvement programs;chanroblesvirtualawlibrary
4. To develop and educate promising young scientists,
primarily from South and Southeast Asia along lines connected with or
relating to rice production, distribution and utilization, through a
resident training program under the guidance of well-trained and
distinguished scientists;chanroblesvirtualawlibrary
5. To establish, maintain and operate an information
center library which will provide, among others, for interested
scientists and scholars everywhere a collection of the world's
literature on rice;chanroblesvirtualawlibrary
6. To organize or hold periodic conferences, forums
and seminars, whether international, regional, local or otherwise for
the purpose of discussing current problems.
WHEREAS, in furtherance of the foregoing objectives, the Memorandum of
Understanding has granted IRRI the following incidental powers:cralaw:red
(1) To acquire or obtain from any governmental
authority, national, municipal or local, foreign or domestic or
otherwise or from any corporation, company, association, or person,
such charters, franchises, licenses, rights, privileges, assistance,
financial or otherwise, and concessions as are conducive to and
necessary for the attainment of the purpose of THE INSTITUTE.
(2) To receive and acquire by donation, grants,
exchange, devise, bequests, purchase, or lease either absolutely or in
trust, contributions from any person, firm or entity whomsoever of such
properties, real and personal, including funds and valuable effects, as
may be necessary to carry out the objects and purpose of THE INSTITUTE
and to hold, operate, use or otherwise dispose of the same.
(3) To do and perform all acts and things as are
necessary expedient suitable or proper for the furtherance or
accomplishment of the purpose and the attainment of any or all of the
objectives herein stated, or which shall appear, at any time, as
conducive to and useful for the activities of the Institute. chanroblesvirtualawlibrary
WHEREAS, the International Rice Research Institute, by virtue of the
objectives and incidental powers assigned and granted to it as set
forth above, was clearly intended to be an international organization,
yet its ability to operate as such in the Philippines is greatly
hampered by the fact that it was organized and registered with the
Securities and Exchange Commission as a private corporation and,
therefore, is subject to all laws and regulations covering private
corporations, which is in conflict with its international status, and
which is not conducive to the free operation of the Institute's routine
activities and its efforts towards the attainment of its objectives.
WHEREAS, considering that the government of the Republic of the
Philippines has in fact implicitly recognized IRRI as an international
organization and in consideration of the importance of its work in rice
research which has and will continue to redound to the benefit not only
of the Filipino people but also of the millions or rice-consuming
peoples of the world, it is now most opportune to formally confer on
IRRI the status, prerogatives, privileges and immunities of an
international organization.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the power vested in me by the Constitution, do hereby
decree:cralaw:red
ARTICLE 1
Status of an International Organization
The Government of the Republic of the Philippines recognize the
International Rice Research Institute (hereinafter referred to as the
Institute) as an international organization, and hereby accords to the
Institute such status in the Philippines. chanroblesvirtualawlibrary
ARTICLE 2
Immunities and Privileges
The Institute shall enjoy in the Philippines all the immunities and
privileges normally accorded to international organizations of a
universal character.
ARTICLE 3
Immunity from Legal Process
The Institute shall enjoy immunity from any penal, civil and
administrative proceedings, except insofar as that immunity has been
expressly waived by the Director-General of the Institute or his
authorized representatives.
ARTICLE 4
Communications
1. The Institute shall enjoy, for its official
communications treatment not less favorable than that accorded to other
international institutions and to diplomatic missions in the
Philippines, especially in the matter of priorities, rates and charges
for mail, telegraphs and other communications.
2. The Institute shall have the right to use codes
for its official communication. It shall also have the right to
dispatch and receive correspondence by duly identified couriers or
bags, which shall have the same privileges and immunities as diplomatic
couriers and bags. chanroblesvirtualawlibrary
3. Correspondence and other official communications
of the Institute shall be immune from censorship. chanroblesvirtualawlibrary
4. The import and export of the Institute's
publications and those intended for it shall not be subject to
restrictions.
ARTICLE 5
Taxation and Customs
1. The provisions of existing laws or ordinances to
the contrary notwithstanding, the Institute, or its successors, shall
be exempt from the payment of gift, franchise, specific, percentage,
real property exchange, import, export, and all other taxes provided
under existing laws or ordinances. This exemption shall extend to goods
imported and owned by the Institute to be leased or used by members of
its staff.
2. All gifts, bequests, donations and contributions
which may be received by the Institute from any source whatsoever, or
which may be granted by the Institute to any individual or non-profit
organization for educational or scientific purposes, shall be exempt
from the payment of the taxes imposed under Title III of the National
Internal Revenue Code. All gifts, contributions and donations to the
Institutes shall be considered allowable deductions for purposes of
determining the income tax of the donor.
3. Non-Filipino citizens serving on the senior
professional and administrative staff of the Institute shall be exempt
from the payment of income tax on salaries and stipends in dollars
received solely and by reason of service rendered to the
Institute. chanroblesvirtualawlibrary
4. The Institute shall be exempt from the payment of
all customs duties and related levies or any kind, except charges for
storage, transport and services supplied, and from prohibitions and
restrictions on the import or export of articles intended for its
official use.
ARTICLE 6
Free Disposal of Funds
1. For the purpose of achieving itsms, the Institute
may hold funds, gold or foreign exchange of any kind and may keep its
books in any currency. It may also freely receive and transfer its
funds, gold or foreign currency and convert into any other currency the
currencies in its possession.
2. The government shall assist the Institute in
obtaining the most favorable conditions for its exchange transactions
and its transfer. chanroblesvirtualawlibrary
ARTICLE 7
Freedom of Entry and Sojourn
1. The government of the Republic of the Philippines
shall take appropriate measures to facilitate the entry into, sojourn
in and departure from the Philippine territory of the following
categories of persons, regardless of their nationality:cralaw:red
a. Members of the Board of Trustees, officers and
senior professional and administrative staff of the Institute;chanroblesvirtualawlibrary
b. The Institute's fellows, scholars, trainees, and
visiting scientists;chanroblesvirtualawlibrary
c. The spouses, children and members of the families
of the persons referred to in (a) and (b) above who live with them;chanroblesvirtualawlibrary
d. Any other persons who, by reason of their
functions, must have access to the Institute in an official capacity.
2. Visas which may be required for persons referred
to in this article shall be exempt from the formalities provided for by
the Philippines laws and regulations with respect to the registration
of aliens, residence permits and working permits, provided they are not
gainfully employed in the Philippines in any other capacity.
ARTICLE 8
Status of the Institute's Board of Trustees, Officials, and Members of
its Senior Professional and Administrative Staff, Fellows, Scholars and
Trainees and Visiting Scientist
1. The Institute's Board of Trustees, officials, and
members of its senior professional and administrative staff, fellows,
scholars and trainees and visiting scientists shall enjoy in the
Philippines the following privileges:cralaw:red
a. customs facilities in respect to their personal
effects and exemption from baggage inspection in the same conditions as
are accorded to diplomatic agents or temporary mission;chanroblesvirtualawlibrary
b. the right to use codes in the official
communications and to receive and dispatch papers and official
correspondence by diplomatic courier or in sealed bags;chanroblesvirtualawlibrary
c. exemption from immigration restrictions and aliens
registration, as provided for in Article 7, and from national service;chanroblesvirtualawlibrary
d. exemption from exchange restrictions in the same
conditions as are accorded to diplomatic agents on temporary
mission. chanroblesvirtualawlibrary
ARTICLE 9
Immunities and Facilities Accorded to Officials of the Institute
1. The non-Filipino members of the senior
professional and administrative staff of the Institute shall be exempt
from taxation in respect of the salaries, emoluments and indemnities
paid to them in U.S. dollars or other foreign currency by the
Institute. Benefits paid in U.S. dollars or other foreign currency in
any circumstances by a pension fund or provident scheme shall also be
exempt in the Philippines from taxation at the time of their payment,
as shall all benefits paid in U.S. dollar or other foreign currency to
agents, officials or employees of the Institute for sickness,
accidents, and so forth.
2. The Director-General of the Institute shall enjoy
in the Philippines the privileges and immunities, exemptions and
facilities accorded to ambassadors who are heads of diplomatic
missions. He shall designate the officials who by reason of the
responsibilities of their functions shall enjoy in the Philippines the
same privileges and immunities, exemptions and facilities as are
accorded to diplomatic agents or the administrative staff of diplomatic
missions.
3. The officials of the Institute shall enjoy in the
Republic of the Philippines the privileges and immunities, exemptions
and facilities accorded to responsible officials of other international
bodies.
4. Officials of the Institute who are not Philippine
nationals shall enjoy the following privileges:cralaw:red
a. exemption from any military service obligations in
the Philippines;chanroblesvirtualawlibrary
b. immunity for both themselves and their spouses and
dependents relatives from immigration restrictions and aliens
registration;chanroblesvirtualawlibrary
c. the same exchange facilities as are accorded to
Officials of diplomatic missions or similar rank;chanroblesvirtualawlibrary
d. the same repatriation facilities for both
themselves and their spouses and dependent relatives as are accorded to
officials of diplomatic missions of similar rank in the event of
international crises;chanroblesvirtualawlibrary
e. the right to import, free of duty, their furniture
and other personal effects when moving to the Philippines to take up
their duties, their right remaining valid for one year from the date on
which they have definitely taken up their duties.
ARTICLE 10
Purpose of Immunities
1. The privileges and immunities provided for by this
decree are not intended for the personal benefit of the officials of
the Institute. They are accorded solely in order to ensure in all
circumstances the free operation of the Institute and the complete
freedom of its officials.
2. The Director-General of the Institute shall have
the right and duty to waive the immunity of any official whenever, in
his opinion, the immunity would impede the normal course of justice and
can be waived without prejudice to the interest of the Institute. chanroblesvirtualawlibrary
ARTICLE 11
Interpretation and Application
1. The decree shall be interpreted in the light of
its fundamental objectives to enable the Institute fully and
effectively assume its responsibilities and fulfill its purposes.
ARTICLE 12
Effectivity
This decree shall take effect immediately.
Done in the City of Manila,
this 19th day of April, in the year of Our Lord, nineteen hundred and
seventy-nine.
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Since 19.07.98
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