Decree No. 192 / 1968 Coll.
Decree of the Ministry of Foreign Affairs on the Agreement on Privileges and Immunities of the International Atomic Energy Agency
Valid
Effective from 19.12.1968
192
DECLARATION
Ministry of Foreign Affairs
of 19 December 1968
on the Agreement on the Privileges and Immunities of the International Atomic Energy Agency
On 1 July 1959, the Agreement on the Privileges and Immunities of the International Atomic Energy Agency was approved by the Governing Council of the International Atomic Energy Agency in Vienna.
The President of the Republic ratified the Agreement and the instrument of acceptance of the Agreement was deposited with the Director-General of the International Atomic Energy Agency on 7 February 1968.
The Agreement entered into force on 7 February 1968 for the Czechoslovak Socialist Republic on the basis of Article XII thereof.
The Czech translation of the Agreement is announced simultaneously.
A certified copy of the Agreement shall be deposited in the archives of the Ministry of Foreign Affairs.
Minister:
v. Ing. Bušniak v. r.
AGREEMENT
on the privileges and immunities of the International Atomic Energy Agency
Since Article XV C of the Statute The International Atomic Energy Agency shall provide that the legal capacity, privileges and immunities referred to in this Article are to be defined in a specific agreement or agreements between the Agency to be represented for that purpose by the Director-General acting under the Governing Council's directives and by individual members,
as the Agreement on relations between the Agency and the United Nations has been adopted pursuant to Article XVI of the Statutes; and
Since the United Nations General Assembly, in an effort to unify as far as possible the privileges and immunities enjoyed by the United Nations and the various professional organisations associated with the United Nations, has adopted the Convention on the Privileges and Immunities of Professional Organisations and a number of United Nations members have joined it,
Governing Council
1. Approved, without committing to governments represented in the Council, the following text, which generally conforms to the Convention on the Privileges and Immunities of International Professional Organisations; and
2. Calls on the Member States of the Agencies to consider this text and, if they find it right, to adopt the Agreement.
Definitions
In this Convention:
(1) The term "Agency" means the International Atomic Energy Agency.
(2) For the purposes of Article III, the words "assets and assets' shall also include assets and funds in the custody of the Agency or managed by the Agency in the performance of its functions under the Statutes.
(3) For the purposes of Articles V and VIII, the term "representatives of members' shall include all governors, representatives, alternates, advisers, technical experts and secretaries of delegations.
(4) In Sections 12, 13, 14 and 27, the term "meeting convened by the Agency" means a meeting:
1. its General Conference and its Governing Council;
2. any international conference, symposium, seminar or panel convened by the Agency;
3. any committee of any of these bodies.
(5) For the purposes of Article VI and Article IX, the term "officials of the Agency 'shall mean the Director-General and all staff of the Agency, with the exception of staff recruited on site and paid by hourly salary.
Legal capacity
The Agency shall be a legal person. It shall have the capacity (a) to negotiate contracts, (b) to acquire and dispose of immovable and movable property, (c) to appear before courts.
Property, funds and assets
The Agency, its assets and assets located anywhere and in the possession of anyone enjoy immunity from all forms of legal proceedings, unless the Agency has expressly waived it in a particular case. However, it is understood that no waiver of immunity may apply to any enforcement measure.
The Agency's rooms are untouchable. The property and assets of the Agency are located anywhere and in the possession of anyone enjoying immunity to search, requisition, confiscation, expropriation and any other intervention by an executive, administrative, judicial or legislative body.
The archives of the Agency and of all the documents belonging to it or in its possession are untouchable wherever they are located.
Not subject to financial control, regulations and moratories of any kind
(a) the Agency may hold funds, gold or any currency and hold accounts in any currency; and
(b) The Agency may freely transfer its funds, gold or currency from one country to another or within any country and exchange any currency in its possession for any other currency.
In exercising its rights under Section 6, the Agency shall take due account of any observations made by the governments of any Contracting Party if it finds that it can satisfy them without prejudice to its interests.
The Agency, its assets, revenue and other assets shall be:
(a) exempt from all direct taxes; means, however, that the Agency will not seek exemption from taxes which are in fact merely a remuneration for generally useful services;
(b) exempt from customs duties and import and export prohibitions and restrictions as regards articles imported or exported by the Agency for its official use; it is understood, however, that the items imported with such exemption will not be sold in the State to which they were imported, except under conditions agreed with the Government of that State;
(c) exempt from customs duties and exempt from prohibitions and restrictions on the importation and export of its publications.
Although, as a general rule, the Agency will not seek exemption from excise duties and taxes on the sale of movable and immovable property forming part of the price to be paid, the Contracting Parties will nevertheless, whenever possible, take appropriate administrative measures to forgive or refund the benefit or tax when the Agency makes important purchases for official use for which such benefits and taxes have been or are to be imposed.
Benefits in connection
The Agency shall enjoy, in the territory of each State party to this Agreement, as far as it may be compatible with any international conventions, regulations and arrangements to which the State concerned is a party, for the delivery of official reports and the handling of any less favourable than that provided by the Government of that State to any other government, including its diplomatic mission in respect of priority rights, rates and charges for postal and telecommunications links, as well as for journalistic rates for press and radio reports.
Official correspondence and other official links of the Agency shall not be subject to censorship.
The Agency shall have the right to use the code and to send and receive correspondence and other official communications via couriers or in sealed baggage, enjoying the same immunity and privileges as diplomatic couriers and diplomatic baggage.
Nothing in this Section shall be construed as excluding the adoption of appropriate security measures provided for by an agreement between a Contracting Party to this Agreement and the Agency.
Representatives of the Member States
Representatives of the Member States shall enjoy the following privileges and immunities at meetings convened by the Agency in the exercise of their functions and on their way to and from the meeting:
(a) immunity to arrest or detain and to confiscation of personal luggage and immunity to legal proceedings of any kind for oral or written statements and for any acts which they have in their official capacity;
(b) the integrity of all documents and documents;
(c) the right to use the encryption and to accept documents and correspondence by courier or in sealed baggage;
(d) for themselves and for their spouses exemption from immigration restrictions, from reporting to foreigners and from obligations arising from the service of the State to which they arrive or pass through in the performance of their duties;
(e) as regards restrictions on foreign exchange or currency, the same advantages granted to representatives of foreign governments with a temporary official mission;
(f) in respect of personal luggage, the same immunity and benefits granted to diplomatic representatives of similar rank.
In order to ensure full freedom of speech and full independence in the performance of their duties for representatives of the Member States in the Agency, the immunity to legal proceedings for oral or written statements and for all acts which they have in the performance of their duties shall continue to be granted when those persons no longer fulfil those obligations.
Where the tax of any kind depends on residence, the periods during which the representatives of the Member States in the Agency and at meetings convened by the Agency shall not be considered as periods of residence due to the performance of their duties in a Member State.
Privileges and immunities shall be provided to representatives of the Contracting Parties not for their personal benefit but for the purpose of ensuring the independent exercise of their tasks related to the Agency. Therefore, the Contracting Party has not only the right but the duty to waive the immunity of its representative in any case where, in the view of the Contracting Party, immunity would interfere with the administration of justice and it could be waived without prejudice to the purpose for which immunity is granted.
The provisions of Sections 12, 13 and 14 may not be applied in relation to the representative and the authorities of the State of which he is a national or of which he is a representative.
Officials
The Agency shall, from time to time, notify the governments of all Contracting Parties to this Agreement of the names of the officials to whom the provisions of this Article and of Article IX apply.
(a) Agency officials:
(i) they shall enjoy immunity from legal proceedings for oral or written statements and for all acts in the performance of their official duties;
(ii) are exempt from taxation of salaries and benefits paid by the Agency under the same conditions as officials of the United Nations;
(iii) enjoy, together with their spouses and relatives, immunity from immigration restrictions and reporting to foreigners;
(iv) enjoy the same privileges as regards foreign exchange benefits as officials of diplomatic missions of similar rank;
(v) enjoy, together with their spouses and relatives, the same repatriation benefits during international crises as officials of diplomatic missions of similar rank;
(vi) they have the right to import duty-free their furniture and uppers at the time of first taking up office in the country concerned.
(b) The officials of the Agency shall, in the performance of their duties as inspectors under Article XII of the Statutes, enjoy in the performance of their duties any additional privileges and immunities referred to in Article VII of this Agreement, if necessary for the effective exercise of such functions, in the performance of their official duties.
The Agency's officials shall enjoy immunity from obligations arising from the services of the State, and in relation to States of which they are citizens, such immunity shall apply only to those officials of the Agency whose names have been entered in the list drawn up by the Director-General of the Agency and approved by the Member State concerned in connection with their mission.
Where other officials of the Agency should be called upon to serve the State, the competent State shall, at the request of the Agency, grant such temporary deferral of the profession of those officials as is necessary to prevent the interruption of important work.
In addition to the privileges and immunities referred to in Sections 18 and 19, the Director-General of the Agency, as well as an official acting on his behalf at the time of his absence, shall enjoy, together with his spouses and minor children, such privileges and immunities, exemptions and benefits as are granted under international law to diplomatic representatives, their spouses and minor children. The same privileges and immunities shall also be granted to representatives of the Director-General or an official of the Agency in the same capacity.
Privileges and immunities shall be granted to officials only in the interests of the Agency and not for their personal benefit. The Agency shall have the right and obligation to waive the immunity of any official in any case where it considers that it would interfere with the exercise of justice and that it can be waived without prejudice to the interests of the Agency.
The Agency shall always cooperate with the competent authorities of the Member States in order to facilitate the proper exercise of the right, to ensure that police rules are maintained and to prevent any abuse of the privileges, immunities and benefits referred to in this Article.
Experts broadcast by the Agency
The following privileges and immunities shall be granted to experts (other than officials within the meaning of Article VI) operating within the Committees of the Agency or the Agency seconded by it, including inspectors seconded pursuant to Article XII of the Statutes of the Agency and experts qualified to examine projects under Article XI, if necessary for the effective performance of their functions, including for the time needed for travel in connection with a service in such committees or missions:
(a) immunity against arrest or detention and the seizure of personal luggage;
(b) immunity from legal proceedings of any kind for oral or written statements or for acts which they have done in the performance of their official duties; such immunity will continue to be provided even if such persons no longer operate in the Agency's committees or do not fulfil the Agency's mission;
(c) the integrity of all documents and documents;
(d) for the purpose of their connection with the Agency, the right to use the encryption and to receive documents and correspondence by courier or in sealed baggage;
(e) the same advantages as regards monetary or foreign exchange restrictions granted to representatives of foreign governments with a temporary official mission;
(f) the same immunity and benefits as regards personal baggage which are granted to diplomatic representatives of similar rank.
In paragraphs (c) and (d) of Section 23, nothing shall be construed as excluding the adoption of appropriate security measures provided for by an agreement between the Contracting Party to this Agreement and the Agency.
Privileges and immunities shall be provided to the Agency's experts in the interests of the Agency and not for their personal benefit. The Agency will have the right and the obligation to waive the immunity of any expert in any case where, in its view, immunity would impede the performance of justice and could be waived without prejudice to the interests of the Agency.
Abuse of privilege
Where any Contracting Party to this Agreement considers that the privileges or immunities provided for in this Agreement have been misused, consultations shall be held between that Party and the Agency in order to determine whether they have occurred and, if so, to ensure that they do not recur. If consultations do not result in a satisfactory outcome for that State and for the Agency, the question of whether the privilege or immunity has been misused shall be resolved in accordance with the provisions of Section 34. If it is concluded that an abuse has taken place, the Contracting Party to this Agreement which has been harmed shall have the right to withdraw the Agency, after its notification, from the privileges or immunities to which it has been misused. However, the withdrawal of privileges or immunities shall not interfere with the Agency's core activities or prevent the Agency from performing its main functions.
Representatives of the Member States at meetings convened by the Agency, in the performance of their duties and during their journey to and from the place of the assembly, and officials of the category set out in Section 1 (5) shall not be required by local authorities to leave the State in which they perform their duties in respect of any official activity. However, in the event of abuse of the privileges of a stay committed by such a person outside the scope of his official duties, the Government of that State may request that that State leave under the following conditions:
(a) Representatives of the Member States or persons entitled to diplomatic immunity under Section 20 shall not be required to leave the State by any means other than the procedure applied to diplomatic representatives accredited in that State.
(b) In the case of an official not covered by Section 20, local authorities shall not issue an order to leave the competent State other than with the agreement of the Minister for Foreign Affairs of that State, which may only be expressed after consulting the Director-General of the Agency; where expulsion proceedings are pending against an official, the Director-General of the Agency shall have the right to take part in such proceedings on behalf of the person against whom he has been established.
Laissez vypasser
The officials of the Agency may use the United Nations laissez-passer in accordance with the administrative arrangements concluded between the Director-General of the Agency and the Secretary-General of the United Nations, the Director-General of the Agency shall inform all Contracting Parties of any such administrative arrangements.
The Contracting Parties to this Agreement shall recognise and accept the United Nations laissez-passer issued to officials of the Agency as valid travel documents.
Applications for visas, if required by the officials of the Agency who have the United Nations laissezsezpasser, shall be dealt with as quickly as possible if they are accompanied by a certificate that officials travel in relation to the Agency's matters. In addition, rapid travel will be facilitated by such persons.
Benefits similar to those referred to in Section 30 shall be granted to experts and other persons who, although not having a United Nations laissez-passer, have confirmation that they are travelling in relation to the Agency's affairs.
The Director-General, Deputy Director-General and other officials who do not have a lower rank than the Head of the Agency and who travel to the United Nations laissez-passer in relation to the Agency's affairs shall enjoy the same rank when travelling as officials of diplomatic missions.
Settlement of disputes
The Agency shall make arrangements for an appropriate settlement:
(a) disputes arising from contracts or other disputes of a private nature to which the Agency is party;
(b) disputes brought about by any official or expert of the Agency who enjoys immunity for his or her official status, unless immunity has been waived under the provisions of Section 21 or 25.
If, in any case, the parties do not agree to use another means of settlement, any disputes arising from the interpretation or application of this Agreement shall be submitted to the International Court of Justice in accordance with its Statute. If there is a dispute between the Agency and a Member State and there is no agreement on any other means of settlement, a request for an opinion on any legal issue in the dispute shall be made in accordance with Article 96 of the Charter of the United Nations, Article 65 of the Statute of the Court and the relevant provisions of the Agreement concluded between the United Nations and the Agency. The Parties shall accept the International Court of Justice's opinion as decisive.
Interpretation
Provisions of this The agreements shall be interpreted taking into account the functions conferred on the Agency by its Statutes.
Provisions of this The agreements do not in any way restrict or prejudice the privileges and immunities which have been or may be granted to the Agency by any State because its registered office or its regional offices are located in the territory of that State, or because there are officials, experts, material, equipment or equipment in connection with the Agency's projects or activities, including that such projects or other facilities are covered by guarantees. This Agreement is not intended to prevent the conclusion of an additional agreement governing the provisions of this Agreement or extending or limiting the privileges and immunities granted by this Agreement between the Agency and any Member State.
The Agreement itself is not to act in such a way as to disturb or alter the provisions of the Constitution of the Agency or any rights or obligations which it might otherwise have, acquire or assume.
Final provisions
This Agreement shall be delivered to each Member State of the Agency for adoption. The adoption of the Agreement shall be effected by deposit with the Director-General of the instrument of acceptance and shall enter into force for each Member State on the date of deposit of its instruments of acceptance. As soon as any State has deposited a instrument of acceptance, it may implement the provisions of this Agreement in accordance with its legislation. The Director-General shall send certified copies of this Agreement to the Government of each Member State of the Agency as well as to the State which becomes a member of the Agency in the future and shall inform all Member States of the deposit of each instrument of acceptance and of any notification of termination referred to in Section 39.
Member States are hereby authorised to make reservations to this Agreement. Reservations may be made only at the time of the deposit of the documents of the Member State of admission and shall be forwarded by the Director-General to all Member States of the Agency without delay.
This Agreement shall remain in force between the Agency and any Member State which has deposited its instruments of acceptance for as long as the State remains a member of the Agency or until the revised Agreement has been approved by the Governing Council and until the Member State has become a party to the revised Agreement; provided that the Member State notifies the termination of the Agreement to the Director-General, that Agreement shall cease to apply to that Member State one year after receipt of that notification by the Director-General.
At the request of one third of the Contracting Parties to this Agreement, the Governing Council of the Agency shall consider approving the Appendices to the Agreement. Appendices approved by the Governing Council shall enter into force upon their adoption in accordance with the procedure laid down in Section 38.
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Regulation Information
| Citation | Decree of the Ministry of Foreign Affairs No. 192 / 1968 Coll., on the Agreement on Privileges and Immunities of the International Atomic Energy Agency |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.1968 |
|---|---|
| Effective from | 19.12.1968 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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