Section 15: States entitled to immunities and privileges

15. States entitled to immunities and privileges.___(1) The immunities and privileges conferred by this Act apply to any foreign State; and references to State include references to___ (a) the sovereign or other head of that State in his public capacity; (b) the government of that State; and (c) any department of that government, but not to any entity, hereinafter referred to as a “separate entity”, which is distinct from the executive organs of the government of the State and capable of suing or being sued. (2) A separate entity is immune from the jurisdiction of the courts of Pakistan if, and only if___ (a) the proceedings relate to anything done by it in the exercise of sovereign authority; and (b) the circumstances are such that a State would have been so immune. (3) If a separate entity, not being a State’s central bank or other monetary authority, submits to the jurisdiction in respect of proceedings in the case of which it is entitled to immunity by virtue of sub-section (2) of this section, the provisions of sub-sections (1) to (3) of section 14 shall apply to it in respect of those proceedings as if reference to a State were references to that entity. (4) Property of a State’s central bank or other monetary authority shall not be regarded for the purposes of sub-section (3) of section 14 as in use or intended for use for commercial purposes; and where any such bank or authority is a separate entity sub-sections (1) and (2) of that section shall apply to it as if references to a State were references to the bank or authority. (5) Section 13 applies to proceedings against the constituent territories of a Federal State; and the Federal Government may, by notification in the official Gazette, provide for the other provisions of this Ordinance to apply by to any such constituent territory specified in the notification as they apply to a State. (6) Where the provisions of this Ordinance do not apply to a constituent territory by virtue of a notification under sub-section (5), the provisions of sub-sections (2) and (3) shall apply to it as if it were a separate entity.

Effective date: 1981-01-01

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