Statute Details
- Title: Diplomatic and Consular Relations (Bank for International Settlements) Order 2020
- Act Code: DCRA2005-S49-2020
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Diplomatic and Consular Relations Act (Cap. 82A), specifically section 6(3)
- Legislative Instrument No.: S 49/2020
- Date Made: 15 January 2020
- Commencement: 16 January 2020
- Status: Current version (as at 27 March 2026)
- Key Provisions: Section 1 (citation and commencement); Section 2 (definitions); Section 3 (additional immunities and privileges of BIS); Section 4 (additional immunities and privileges of BIS personnel)
- Related Instrument: International Organisations (Immunities and Privileges) (Bank for International Settlements) Order 2020 (G.N. No. S 48/2020)
What Is This Legislation About?
The Diplomatic and Consular Relations (Bank for International Settlements) Order 2020 (“BIS Order 2020”) is a Singapore subsidiary legislation instrument that grants additional immunities and privileges to the Bank for International Settlements (“BIS”) and certain categories of individuals associated with the BIS’s Singapore presence—specifically the BIS Innovation Hub — Singapore Centre (“BISIH Singapore Centre”).
In practical terms, the Order is designed to support the BIS’s international functions by ensuring that its records, communications, and official correspondence are protected from interference, and that its personnel can perform their roles without undue administrative or fiscal burdens. The Order also aligns with Singapore’s broader approach to conferring privileges and immunities on international organisations, while still preserving mechanisms for waiver where justice requires it.
Although the Order sits under the Diplomatic and Consular Relations Act, it does not operate in isolation. It expressly builds on immunities and privileges already granted under the International Organisations (Immunities and Privileges) (Bank for International Settlements) Order 2020 (G.N. No. S 48/2020). The BIS Order 2020 therefore functions as an “additional layer” of privileges, targeted to specific operational needs of the BIS and its Singapore Centre.
What Are the Key Provisions?
Section 1: Citation and commencement. Section 1 provides the formal name of the instrument and states that it comes into operation on 16 January 2020. For practitioners, the commencement date matters for determining when the additional privileges and immunities became legally effective in Singapore.
Section 2: Definitions. Section 2 defines key terms used in the Order. The definitions are important because they determine the scope of who and what benefits from the privileges. The Order defines “BIS” (the Bank for International Settlements) and “BISIH Singapore Centre” (the BIS Innovation Hub — Singapore Centre, a unit of BIS). It also defines “Centre Head” (appointed by BIS), “General Manager” (appointed by BIS), and “member of the personnel” in relation to the BISIH Singapore Centre. The “member of the personnel” definition is broad and includes: (a) individuals employed by BIS and designated as personnel (including the Centre Head); (b) individuals seconded to the BISIH Singapore Centre from a central bank of a foreign country or territory; and (c) individuals assigned to the BISIH Singapore Centre by the Government or a statutory body. This breadth is significant for employment and secondment arrangements, as it captures multiple employment pathways.
Section 3: Additional immunities and privileges of BIS. Section 3 provides that, in addition to immunities and privileges under the earlier International Organisations (Immunities and Privileges) (BIS) Order 2020, the BIS enjoys further protections. The key additions are:
- Inviolability of archives and documents (including electronic data) belonging to or held by BIS. This is a modern formulation expressly covering electronic data, which is crucial for digital recordkeeping and cybersecurity compliance.
- Freedom from censorship of official communications, subject to any written agreement between the Government and BIS on appropriate security precautions. This introduces a balance: communications are protected from censorship, but Singapore can agree on security measures where necessary.
- Free communication for all official purposes, including the right to use codes. This supports secure communications practices and recognises that coded communications may be necessary for official operations.
- Right to send and receive correspondence by courier or sealed bag, with the courier/bag treated as having the same status as a diplomatic courier or diplomatic bag under Article 27 of the Vienna Convention on Diplomatic Relations. This is a strong protection for physical correspondence and logistics.
For practitioners, Section 3 is particularly relevant in disputes involving access to BIS records, requests for disclosure, or law enforcement actions. The inviolability of archives and documents (including electronic data) is likely to be a central argument for BIS when resisting searches, subpoenas, or production orders, subject to the legal framework governing immunities and any applicable waiver or exceptions.
Section 4: Additional immunities and privileges of members of personnel of BIS, etc. Section 4 addresses fiscal relief for certain individuals connected to the BISIH Singapore Centre. Under Section 4(1), each of the following individuals who is not a citizen or permanent resident of Singapore enjoys exemption from goods and services tax (GST) and customs and excise duties when importing used personal and household effects (with exclusions) within 6 months after first taking up his or her post in Singapore:
- (a) a member of the personnel of the BISIH Singapore Centre; and
- (b) an employee of the BIS visiting the BISIH Singapore Centre to carry out a temporary mission for the BIS.
The import exemption is not absolute. It excludes tobacco, liquor and motor vehicles. This is consistent with typical customs regimes that treat certain categories as subject to special duties or regulatory controls.
Section 4(2) introduces an important safeguard: despite Section 4(1), the immunity or privilege enjoyed by an individual in a particular case is to be waived by the General Manager if the General Manager is of the opinion that (a) the immunity or privilege impedes the course of justice, and (b) the immunity or privilege can be waived without prejudice to the interests of the BIS. This mirrors the common principle in privileges and immunities frameworks that immunities exist to protect institutional functions, not to shield individuals from accountability where waiver is appropriate.
From a legal practice perspective, Section 4(2) is relevant when advising on whether a person can be compelled to provide evidence or face enforcement actions. It also signals that the BIS retains discretion through its General Manager to waive privileges in appropriate cases, but the waiver is conditioned on a reasoned opinion tied to justice and institutional interests.
How Is This Legislation Structured?
The BIS Order 2020 is structured as a short instrument with four numbered sections:
- Section 1 sets out the citation and commencement date.
- Section 2 provides definitions for BIS, the BISIH Singapore Centre, the Centre Head, the General Manager, and the categories of “member of the personnel”.
- Section 3 lists additional immunities and privileges granted to BIS itself, focusing on inviolability of archives and documents, freedom from censorship, free official communications (including codes), and protected correspondence channels.
- Section 4 grants additional fiscal exemptions (GST and customs/excise duties) to specified non-Singapore personnel and visiting employees for importing used personal and household effects within a defined timeframe, and provides a waiver mechanism by the General Manager.
Notably, the Order is drafted to operate in addition to another instrument (the International Organisations (Immunities and Privileges) (BIS) Order 2020). This cross-referencing approach is typical in Singapore’s privileges and immunities legislative architecture.
Who Does This Legislation Apply To?
The BIS Order 2020 applies primarily to the Bank for International Settlements and to individuals associated with the BISIH Singapore Centre. For BIS itself, Section 3 confers additional immunities and privileges relating to archives, communications, and correspondence.
For individuals, Section 4(1) applies to (i) members of the BISIH Singapore Centre personnel and (ii) BIS employees on temporary missions to the Centre, but only where the individual is not a citizen or permanent resident of Singapore. The exemption is time-bound (within 6 months after first taking up the post in Singapore) and limited to used personal and household effects excluding tobacco, liquor, and motor vehicles. The “member of the personnel” definition is broad enough to cover employees, secondees from foreign central banks, and individuals assigned by the Government or statutory bodies.
Why Is This Legislation Important?
This Order is important because it operationalises Singapore’s commitment to facilitating the work of international organisations by granting targeted privileges and immunities that reduce friction in day-to-day operations. The protections in Section 3—particularly inviolability of archives and documents (including electronic data) and freedom from censorship—are central to maintaining the confidentiality and integrity of an international organisation’s official functions.
From an enforcement and compliance standpoint, the Order affects how authorities and counterparties should handle requests for access to BIS materials, communications, and correspondence. For example, the inviolability of archives and documents may require careful legal analysis before any production, search, or disclosure is sought. Similarly, the protected status of correspondence by courier or sealed bag may influence how physical shipments are processed at checkpoints and how any inspection powers are exercised.
Section 4’s GST and customs/excise exemptions have practical implications for immigration, relocation, and onboarding of BIS personnel. The time limit (six months after taking up the post) and the exclusions (tobacco, liquor, motor vehicles) are key for advising individuals and employers on what can be imported duty-free and when. Finally, the waiver mechanism in Section 4(2) is a critical feature for legal practitioners: it provides a structured pathway for privileges to be waived where justice requires it, while still protecting the BIS’s institutional interests.
Related Legislation
- Diplomatic and Consular Relations Act (Cap. 82A) — authorising provision: section 6(3)
- International Organisations (Immunities and Privileges) (Bank for International Settlements) Order 2020 (G.N. No. S 48/2020) — baseline immunities and privileges to which this Order adds
- Vienna Convention on Diplomatic Relations — Article 27 referenced for the status of diplomatic couriers and diplomatic bags
Source Documents
This article provides an overview of the Diplomatic and Consular Relations (Bank for International Settlements) Order 2020 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.