Decree of the Minister for Foreign Affairs No. 15 / 1987 Coll.
Decree of the Minister for Foreign Affairs on the Convention on the Legal Eligibility, Privileges and Immunities of the Council of Mutual Economic Assistance
Valid
Effective from 12.09.1986
15
DECLARATION
Minister for Foreign Affairs
of 12 November 1986
concerning the Convention on the legal capacity, privileges and immunities of the Council on mutual economic assistance
On 27 June 1985, the Convention on the legal capacity, privileges and immunities of the Council on Mutual Economic Assistance was signed in Warsaw. The Contracting Parties to the Convention are the Czechoslovak Socialist Republic, the People's Republic of Bulgaria, the Republic of Cuba, the People's Republic of Hungary, the People's Republic of Mongolia, the German Democratic Republic, the People's Republic of Poland, the Socialist Republic of Romania, the Union of Soviet Socialist Republics and the Socialist Republic of Vietnam.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Czechoslovak Socialist Republic. The instrument of ratification was deposited with the Government of the Union of Soviet Socialist Republics, depositary of the Convention, on 27 March 1986.
The Convention entered into force on 12 September 1986 on the basis of Article 23 (3) and entered into force on the Czechoslovak Socialist Republic on that date. This date expired the Convention on the legal capacity, privileges and immunities of the Council of Mutual Economic Assistance of 14 December 1959, published in Sb.
The Czech translation of the Convention is being announced simultaneously.
Minister:
Ing. Chupek v. r.
CONVENTION
on the legal capacity, privileges and immunities of the Council for mutual economic assistance
The governments of the Member States of the Council of mutual economic assistance which have signed this Convention,
Acting on the basis of the provisions of Article XIV of the Statute of the Council for Mutual Economic Assistance, providing that the legal capacity, privileges and immunities of the Council shall be determined by a specific convention,
the managing director shall be subject to Articles III, XI and XII of the Council Statute, containing basic provisions on the legal capacity of the Council,
recording the positive importance of the 1959 Convention on Legal Eligibility, Privileges and Immunities of the Council,
Bearing in mind the Council's growing role in organising economic and scientific and technological cooperation between the Member States of the Council,
Desiring to contribute to the creation of favourable conditions for the exercise of the Council's powers and powers in order to further deepen and improve cooperation and the development of the socialist economic integration of Council Member States,
taking into account the current level of privileges and immunities granted by Member States to international organisations,
they have agreed as follows:
Of a kind used on motor vehicles
1. In this Convention:
(a) the "Host State of the Council of mutual economic assistance" (hereinafter the "Host State of the Council") shall indicate the State of the seat of the Council Secretariat;
(b) "Council rooms" means all or part of buildings, including land adjacent to such buildings or parts of buildings, used for the Council's objectives;
(c) "representatives" means:
- permanent representatives, their deputy, advisers and experts;
- the heads, members, advisers, experts, delegations' secretaries and other representatives appointed by the Member State of the Council to participate in the work or meetings of the main representative bodies, other permanent representative bodies of the Council and their working bodies set up to prepare for the meetings of the representative bodies or to agree on individual issues relating to the responsibilities of those bodies;
(d) 'Permanent Representative' shall mean a person appointed by a Member State of the Council by its representative in the Executive Committee of the Council and who is at the same time a permanent representative of that State in the Council;
(e) 'Deputy Permanent Representative' shall mean the person appointed by the State to this office who is permanently residing in the host State of the Council;
(f) "permanent representative" means the Deputy Permanent Representative, advisers and experts of the Permanent Representative, as well as persons of administrative technical and service staff who are permanently residing in the host State of the Council;
(g) "members of the family of a permanent representative" means the wife (spouse) and minor children who live with him in the place where he works and the parents of the worker who live with him permanently in the place where he works and who are in his custody;
(h) "Council officials" shall mean staff of the Secretariat and other Council facilities who, as decided by the Executive Committee of the Council, have been classified as officials;
(ch) "members of the Council's family of officials" means the wife (spouse) and minor children who live with him in the place where he works and the parents of the worker who live with him permanently in the place where he works and who are in his custody.
2. The provisions of paragraph 1 of this Article on the terms used in this Convention shall be without prejudice to the application of those terms or the meaning which may be given to them in other Council documents or in the national law of any Member State of the Council.
Legal capacity of the Council
1.
(a) may, in accordance with the Statute of the Council, negotiate international agreements with the Member States of the Council, with other States and with international organisations, as well as conduct other international legal acts provided for in Articles XI and XII of the Statute of the Council. The negotiation by the Council of an international agreement giving rise to the rights and obligations of the participating Member States of the Council requires the authorisation (specific and explicit consent) of the relevant States.
(b) enjoy in the territory of each Member State of the Council the privileges and immunities provided for in this Convention.
The Council, as a legal person, may:
(a) conclude civil agreements;
(b) acquire property, hire, rent and dispose of property;
(c) act in court and arbitration.
Untouchable rooms. Property and assets
1. The rooms of the Council shall be untouchable. Representatives of central and local authorities may not enter these rooms without the consent of the Council Secretary.
2. Each Council Member State shall ensure the protection of the Council rooms on its territory.
3. The rooms of the Council, its assets and assets, wherever they are located, shall not be subject to inspection, seizure, requisition or forced expropriation in other forms.
Exemptions from jurisdiction
The Council, its assets and assets, regardless of where and in the possession of whom they are, shall enjoy immunity to judicial jurisdiction as well as to any form of administrative intervention, except where the Council itself renounces immunity. In doing so, immunity must be waived separately for enforcement of the decision and for precautionary measures.
Exemptions from taxes and charges
The Council shall be exempt from all direct taxes and other compulsory payments and charges of a tax nature, both national and local. This provision shall not apply in relation to charges for municipal and other similar types of services.
Non-touchability of archives and documents
The archives, documents and official correspondence of the Council shall be inviolable regardless of their location.
Exemption from customs duties and restrictions
1. The Council shall be exempt from customs duties and restrictions on imports and exports of items intended for service.
2. Articles and materials imported by the Council into the territory of a Member State of the Council may be disposed of by the Council (sold or transferred free of charge) in accordance with the provisions of the competent State.
Exemption from financial control
The Council shall not be subject to financial control by the central or local authorities of the Member States of the Council.
Benefits related to the connection
For its objectives, the Council shall enjoy no less favourable conditions in the territory of each Member State of the Council with regard to priority, tariffs and charges in postal, telegraph and telephone communications such as those of diplomatic missions in that State.
Council couriers and baggage
1. The Council shall have the right to receive and send correspondence via its couriers or in baggage duly marked in accordance with the requirements laid down for diplomatic baggage.
2. The same immunity and privileges apply to Council couriers and baggage as to diplomatic couriers and diplomatic baggage.
Printed matter
The Council shall have the right, in accordance with its objectives and functions, to issue and, in compliance with the rules in force in the Council Member States, to extend printed matter. Such printed matter shall be exempt from customs duties.
Representatives
1. Representatives shall enjoy the following privileges and immunities in the territory of any Member State of the Council:
(a) immunity from arrest or detention and from criminal jurisdiction as well as the seizure of personal luggage;
(b) exemption from civil and administrative jurisdiction in respect of all acts which they take as representatives;
(c) the integrity of all documents and documents;
(d) exemption from customs duties and charges on articles intended for personal use, as well as from the customs inspection of personal luggage, unless there are serious grounds for believing that the baggage contains articles whose import or export is prohibited by laws or regulations or is regulated by the quarantine rules of the relevant Member State of the Council; in such cases, the inspection shall be carried out in the presence of the person enjoying the exemption or of the person authorised by it;
(e) exemption from personal duties;
(f) exemptions from direct taxes and salary and other fees received from the authorities or organisations of the State which appointed them.
2. The provisions of paragraph 1 of this Article shall not apply in relations between the authorities of a State and representatives appointed by that State.
3. Members of the family of representatives accompanying him at a meeting of the Council institution, unless they are citizens of the State where the Council institution is meeting or does not reside, shall enjoy the privileges and immunities provided for in points (d) and (e) of paragraph 1 of this Article.
Administrative technical staff
Persons of administrative technical staff accompanying representatives at a meeting of the Council institution, unless they are citizens of a State where a meeting of the Council body is held or does not reside, shall enjoy immunity from arrest or detention and, in the performance of their duties, immunity from criminal jurisdiction, the seizure of personal luggage and the privileges and immunities provided for in points (b), (c), (e) and (f) of paragraph 1 of this Convention. They shall also be exempt from customs duties and charges (excluding storage charges, transport charges and similar types of services) for articles intended for personal use.
Status of persons of high status
Heads of State, including members of a collective body acting as Head of State under the Constitution of the State, Heads of State, their Deputy, Ministers of Foreign Affairs and other persons, shall enjoy, in addition to the privileges and immunities provided for in this Convention, the privileges and immunities conferred upon them by international law, the privileges and immunities of the Heads of State, including members of the collective body acting as head of the State, and the members of the Council body.
Permanent representative
1. The Member States of the Council shall have a representative of the Council, composed of a Deputy Permanent Representative, advisers and experts of the Permanent Representative, as well as those of administrative technical and service staff who are permanently resident in the Host State of the Council in order to maintain contact with representatives of other States, the Secretariat of the Council and to perform other functions related to the implementation of cooperation within the Council, hereinafter referred to as Permanent Representative for the purposes of this Convention.
2. Permanent representations shall enjoy the privileges and immunities accorded to diplomatic missions in the host State.
3. The Council Member States shall officially notify the Council secretaries of the appointment and removal of permanent representatives, as well as advisors and experts of permanent representatives before their arrival or departure from the Council host State; The Council Secretary shall inform the Council Member States accordingly.
4. Permanent officials, their Deputy, advisers and experts of permanent representatives shall enjoy, in addition to the privileges and immunities provided for in Article 12 (1) of this Convention, the privileges and immunities provided to diplomatic representatives of an appropriate rank.
5. Persons of the administrative technical staff of permanent representatives, unless they are citizens of or resident in the host State of the Council, shall enjoy the privileges and immunities provided for in Article 12 (1) (a), (b), (c), (e) and (f) of this Convention in the performance of their duties, and shall be exempt from customs duties and charges (except for storage charges, transport charges and similar types of services) for items intended for personal use, including items intended for equipment on first arrival in and departure from the host State of the Council from the provision of export permits for items imported by them on arrival in that State.
6. Members of the families of permanent representatives, their alternates, advisors and experts of permanent representatives, if they are not citizens of or permanent residents of the Council's host State, shall enjoy the same privileges and immunities as those enjoyed by members of the families of diplomatic representatives of appropriate rank.
Members of the families of the administrative technical staff of the Permanent Representative, if they are not citizens of or resident in the host State of the Council, shall enjoy the privileges and immunities provided for in Article 12 (1) (e) of this Convention.
7. Staff members of permanent representatives, unless they are citizens of or resident in the host State of the Council, shall enjoy immunity in respect of their activities in the performance of their duties and shall be exempt from direct taxes and fees on wages and other remuneration paid to them by the permanent representative.
8. The Host State of the Council shall establish the conditions necessary for permanent representation to fulfil their functions. It shall assist permanent representatives and members of their families in the provision of medical care and cultural and social services, including the provision of accommodation and other services, under conditions equivalent to those of diplomatic missions personnel.
9. Articles imported by permanent representations may be disposed of in the host State of the Council in accordance with its rules.
(10) Paragraphs 2, 4 and 8 of this Article shall not apply in the relations between the authorities of the State and the Permanent Representation of that State.
Withdrawal of immunity
The privileges and immunities provided for in Articles 12, 13 and 15 of the Convention shall be granted to those persons exclusively in the interests of the independent exercise of their duties as representatives and persons of administrative technical and service staff. In so doing, it shall be understood that any Member State of the Council whose representatives, persons of the administrative technical and service staff enjoy privileges and immunities under this Convention shall waive the immunity of the persons referred to in Articles 12, 13 and 15 of this Convention in those cases where, in the view of that State, the immunity from the exercise of justice and the waiver of immunity shall not prejudice the objectives for which it has been granted.
2. The waiver of immunity to civil and administrative jurisdiction shall not entail the waiver of immunity to the enforcement of decisions and provisional measures for which immunity must be waived separately.
3. The immunity of representatives of States and persons of the administrative technical and service staff of States to the jurisdiction of the host State of the Council or of the State in which the Council institutions are meeting does not entail their exclusion from the jurisdiction of the State of which they are citizens.
4. If the State does not waive the immunity of any person referred to in paragraph 1 of this Article in the event of a civil action, it shall make every effort to settle the matter fairly.
Council functionalists
1. The Council's functionalists shall enjoy the following privileges and immunities in the territory of any Member State of the Council:
(a) exemption from criminal, civil and administrative jurisdiction in respect of all acts which they do as officials;
(b) exemption from personal duties;
(c) exemption from direct taxes and salary and other fees paid to them by the Council;
(d) the integrity of all documents and documents;
(e) exemption from customs duties and charges (except for storage charges, transport charges and similar types of services) for articles intended for personal use, including items intended for equipment on first arrival in, and departure from, the host State of the Council from obtaining export permits for articles imported by them on arrival in that State. Articles imported by an official of the Council may be disposed of in the host State of the Council in accordance with its rules;
(f) exemption from the customs inspection of personal luggage, unless there are serious grounds for believing that the baggage contains articles whose import or export is prohibited by laws or regulations or regulated by the quarantine rules of the relevant Member State of the Council; in such cases, the inspection shall be carried out in the presence of the person enjoying the exemption or of the person authorised by it.
2. In addition to the privileges and immunities referred to in paragraph 1 of this Article, the Council Secretariat and its Deputy Members shall enjoy the privileges and immunities accorded to diplomatic representatives.
Members of the family of the Secretary of the Council and of his Deputy Members, if they are not citizens of or resident in the host State of the Council, shall enjoy the same privileges and immunities as members of the families of diplomatic representatives.
3. The privileges and immunities provided for in this Article shall be granted to the persons referred to therein solely in the interest of the Council and the independent exercise of their duties. The Council Secretariat shall have the right and obligation to waive the immunity granted to any official in those cases where, in its view, immunity prevents the performance of justice and can be surrendered without prejudice to the interests of the Council. As regards the secretaries of the Council and its Deputy Members, the right to waive the immunity of the Executive Committee of the Council shall lie with them.
4. The provisions of paragraph 1 (b), (e) and (f) of this Article shall not apply in relations between Council officials and the State of which they are citizens or in which they are resident and the provisions of paragraph 1 (c) shall not apply to citizens of the Council host State.
The competent authorities of a Member State of the Council, on a proposal from the Secretary of the Council, shall draw up a list of Council officials who are citizens of that State who will benefit from temporary exemption from personal duties.
5. The persons of the administrative technical staff of the Council, unless they are citizens of or resident in the host State of the Council, shall enjoy in the performance of their duties the privileges and immunities referred to in points (a) and (b) of paragraph 1 of this Article and shall be exempt from customs duties and charges (except storage and transport charges) for items intended for personal use, including items intended for equipment on first arrival in, and leaving, the host State of the Council, from obtaining authorisation to export items imported by them on arrival in that State.
(6) The provisions of paragraph 1 (b), (e) and (f) of this Article shall apply to members of the families of Council officials, unless they are citizens of or permanent residents of the Council host State.
7. The Executive Committee of the Council, acting on a proposal from the Secretary of the Council, shall determine the categories of Council officials to whom the provisions of this Article apply. The names of these Council officials shall be notified by the Council Secretary to the Member States of the Council.
8. In the event of damage caused by a car or other means of transport belonging to, or controlled by, Council officials, those persons shall cooperate without prejudice to the privileges and immunities they enjoy under this Article with the competent authorities of the Member State of the Council in whose territory the accident occurred, in order to facilitate the identification of the factual circumstances of such an accident.
The Council's functionaries shall fulfil the obligations arising from the laws of the Council host State on liability insurance against third parties in respect of the means of transport belonging to them. Questions relating to compensation for damage caused by a car or other means of transport belonging to, or controlled by, Council officials shall be covered by a specific protocol.
Representatives of the non-Member States of the Council
Privileges and immunities provided for in this Convention shall be granted to representatives of the non-Member States of the Council, who shall take part in the work of its institutions following an invitation from the Council.
Assistance to the Council of States
The Host State of the Council or the State in which a meeting of the Council institution is held shall provide the Council and the persons enjoying privileges and immunities under this Convention with the necessary assistance for the purpose of the undisturbed and as effective as possible in the performance of their functions.
This assistance shall consist in particular of ensuring the necessary conditions for the meetings of Council bodies, the provision of service and accommodation rooms, medical assistance and other social and communal services to representatives of States and Council officials under the rules of that State.
Council cooperation with Council Member States
The Council shall cooperate with the host State of the Council as well as with other Council Member States on the application of the provisions of this Convention.
Compliance with the laws and regulations of the Council Member States
Without prejudice to the privileges and immunities provided for in this Convention, the Council, Permanent Representatives and all persons enjoying such privileges and immunities shall comply with the laws and regulations of the Member State of the Council in whose territory they are located.
How to address issues that may arise in connection with the interpretation and implementation of the Convention
All questions relating to the interpretation and implementation of this Convention between two or more Council Member States shall be addressed by consultations between them or in any other agreed manner at the request of one of those States and, in the case of questions relating to the Council, by representatives of all Council Member States, as well as by the Secretary of the Council.
Final provisions
1. This Convention, after approval by Council meetings, shall be open for signature by 1 January 1986 to the Council Member States.
2. This Convention requires ratification by the signatory States in accordance with their constitutional requirements.
The instruments of ratification shall be deposited with the depositary of this Convention.
3. The Convention shall enter into force as soon as all the States which have signed the Convention have deposited the instruments of ratification; the depositary shall inform those States accordingly.
4. Member States of the Council which have not signed the Convention before the expiry of the period referred to in paragraph 1 of this Article may accede at any time. The Convention shall become applicable to them on the date of deposit of the access document.
5. The date on which this Convention enters into force shall replace, in the relations between the Member States of the Council which signed it, the Convention on the legal capacity, privileges and immunities of the Council of mutual economic assistance, signed in Sofia on 14 December 1959.
6. For each State which, pursuant to Article II (2) of the Statute of the Council for Mutual Economic Assistance, will be admitted to the Council and declare its acceptance of access to this Convention, this Convention shall provisionally become applicable on the date on which the Council meeting decides to accept that State as a member of the Council and, definitively, on the date on which that State deposits the instrument of ratification of the Convention; the depositary shall inform the Member States thereof.
7. Any Member State of the Council which is a party to this Convention may propose its amendment. The amended text of the Convention shall enter into force on the date of the deposit of the instruments of ratification of the amendments by all the Council Member States Parties to the Convention with the depositary.
8. The Convention after its entry into force shall be registered by the depositary in accordance with Article 102 of the Charter of the United Nations.
9. This Convention shall be drawn up in a single copy in the Russian language. The Convention will be deposited with the Government of the Union of Soviet Socialist Republics, which will distribute certified copies of the Convention to the governments of all other Council Member States Parties, and will notify these governments and Council Secretaries of the deposit of the instruments of ratification with the Government of the Union of Soviet Socialist Republics.
In Warsaw, 27 June 1985.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 15 / 1987 Coll., on the Convention on the Legal Jurisdiction, Privileges and Immunities of the Council of Mutual Economic Assistance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.03.1987 |
|---|---|
| Effective from | 12.09.1986 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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