Decree of the Minister for Foreign Affairs No. 20 / 1974 Coll.
Decree of the Minister for Foreign Affairs on the Convention on the Legal Eligibility, Privileges and Immunities of the Staff of the United Armed Forces of the Member States of the Warsaw Treaty
Valid
Effective from 25.12.1973
20
DECLARATION
Minister for Foreign Affairs
of 22 January 1974
on the Convention on the legal capacity, privileges and immunities of Štáb and other authorities of command of the United Armed Forces of the Member States of the Warsaw Treaty
On 24 April 1973, the Convention on the Legal Eligibility, Privileges and Immunities of Štáb and other institutions of command of the United Armed Forces of the Warsaw Treaty Member States was signed in Moscow.
The President of the Republic ratified the Convention and the instrument of ratification was deposited with the depositary of the Convention, the Government of the Union of Soviet Socialist Republics, on 25 December 1973.
The Convention entered into force on 21 November 1973 on the basis of Article 6 (3) thereof. It entered into force for the Czechoslovak Socialist Republic on 25 December 1973.
The Czech translation of the Convention is being announced simultaneously.
First Deputy Minister:
Krajčir v. r.
CONVENTION
on the legal capacity, privileges and immunities of Štáb and other authorities of command of the United Armed Forces of the Member States of the Warsaw Treaty
Governments of the People's Republic of Bulgaria, the Czechoslovak Socialist Republic, the Hungarian People's Republic, the German Democratic Republic, the Polish People's Republic, the Socialist Republic of Romania and the Union of Soviet Socialist Republics
managing the principles of the Treaty on Friendship, Cooperation and Mutual Assistance, signed in Warsaw on 14 May 1955,
taking into account the Resolution of the Warsaw Treaty Member States adopted at the Political Advisory Committee meeting in Budapest on 17 March 1969,
Notes that the general functions and the designation of the Staff and other authorities of the United Nations Command are laid down in documents adopted by the Member States of the Warsaw Treaty,
respecting the Statute of the United Armed Forces and the United Command of the Member States of the Warsaw Treaty,
Recognising the need to provide them with legal capacity, privileges and immunities in order to fulfil the functions assigned to them by the Staff and other authorities of the United Nations Command,
they have agreed as follows:
1. The staff of the United Nations shall consist of generals, admirals and officers of the Member States of the Warsaw Treaty, who shall, in the performance of their duties, grant privileges and immunities under this Convention.
Staff seconded by the State of the headquarters of the Štáb shall also be employed in the United Armed Forces Staff, part of which shall enjoy privileges and immunities under the conditions laid down in this Convention. The categories and number of personnel enjoying privileges and immunities shall be agreed between the United Armed Forces Staff and the General (main) Staff of the Army of the States of the Convention. The appointment list of these personnel shall be notified annually by the United Armed Forces Staff to the General Staff of the States Parties to the Convention.
2. For the purposes of this Convention, the term "Staff of the United Armed Forces' shall also mean the other authorities in charge of the United Armed Forces of the Member States of the Warsaw Treaty.
3. Moscow is the seat of the United Armed Forces Staff.
The Staff of the United Armed Forces of the Member States of the Warsaw Treaty shall be a legal person and shall be entitled to:
(a) conclude agreements;
(b) acquire, hire and dispose of property;
(c) act before a court.
1. The United Nations Staff shall enjoy the legal capacity, privileges and immunities provided for by this Convention in the territory of each Contracting State of this Convention.
2. The rooms of the United Armed Forces Staff, its assets, assets and documents, wherever they may be, shall enjoy immunity from any administrative and judicial action except where the Staff have waived immunity in any individual case.
3. The United Nations Staff shall be exempt from direct taxes, levies and charges on the territory of each of the Contracting States of the Convention. This provision shall not apply to fees for services actually proven and municipal services.
4. The United Nations Staff shall be exempt from customs duties and restrictions on imports and exports of items intended for service.
5. The United Nations Staff shall enjoy in the territory of each Contracting State of this Convention the same advantages as regards priority, tariffs and charges in postal, telegraph and telephone communications such as those enjoyed in its own military command or diplomatic mission.
1. The following privileges and immunities shall be granted in the performance of their official duties in the territory of each Contracting State of this Convention:
(a) the integrity of all documents and documents;
(b) the same customs advantages as those granted by the State to members of diplomatic missions in respect of personal luggage;
(c) exemption from personal transactions and direct taxes and salary benefits paid to officials of the United Armed Forces Staff by the State which appointed them;
(d) immunity from arrest or detention and exemption from the jurisdiction of judicial and administrative authorities for all their activities as officials.
The provisions of points "b 'and" c' shall apply to family members living together with the officials of the United Armed Forces Staff.
2. The Chief of Staff of the United Nations and its Deputy Ministers shall enjoy in the territory of all Contracting States of this Convention, in addition to the privileges and immunities referred to in paragraph 1 of this Article, the privileges and immunities provided in the State concerned to diplomatic representatives. Those persons shall receive diplomatic cards.
3. The privileges and immunities referred to in this Article shall be granted to the persons referred to therein solely in the interests of the performance of their duties. In agreement with the Minister of Defence of the State concerned, the Chief Commander of the United Armed Forces shall have the right and duty to waive the immunity of the official of Štáb in all cases where immunity is an obstacle to the performance of the judiciary and the waiver of immunity will not prejudice the objectives for which immunity has been granted.
4. The staff of the United Armed Forces Staff and members of their families shall issue special licences confirming the right to privileges and immunities.
The officials of the United Armed Forces Staff and members of their families shall be exempt from compulsory reporting and registration of foreigners. They're registered by the United Armed Forces Staff.
5. Paragraphs 1, 2, 3 and 4 of this Article shall not apply in relations between the officials of the United Nations Staff and members of their families with the authorities of the State of which they are citizens or of the State in whose territory they are permanently resident.
6. Persons enjoying the privileges and immunities referred to in this Convention shall respect the laws of the State in whose territory they reside and not interfere in the internal affairs of that State.
In the event that the Chief Commander of the United Nations Armed Forces has waived the immunity of the official of Štáb in accordance with Article 4 of this Convention, the law of the State in whose territory the law has been infringed shall apply to the person who has committed the offence in the field of criminal or administrative law, and shall be acted by the military judicial authorities of that State responsible for prosecuting criminal offences.
Military judicial authorities of the Contracting States of this Convention may refer one to another to a request for legal assistance on individual matters. Such requests will be assessed in a blatant manner.
1. This Convention requires the ratification of the signatory States in accordance with their constitutional requirements.
2. The instruments of ratification will be deposited with the Government of the Union of Soviet Socialist Republics, which is hereby established as depository of this Convention.
3. The Convention shall enter into force on the date on which the instruments of ratification of three States are deposited with the depositary. For other States that have signed the Convention, it shall enter into force on the date of deposit of their instruments of ratification.
4. Any dispute arising from the interpretation and implementation of this Convention shall be dealt with by the Contracting States of this Convention by means of negotiations between the commanders of the Contracting States or by diplomatic means, or by any other means agreed upon.
5. This Convention has been drawn up in one copy in the Russian language. The Convention will be deposited with the Government of the Union of Soviet Socialist Republics, which will send its certified copies to the governments of all the other States that have signed it, and will also notify these governments and the United Nations Staff of the deposit of each document.
In order to prove the signature below, duly authorised, they have signed this Convention.
Written in Moscow on 24 April 1973.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No 20 / 1974 Coll., on the Convention on the Legal Jurisdiction, Privileges and Immunities of Štáb and other bodies of command of the United Armed Forces of the Member States of the Warsaw Treaty |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.02.1974 |
|---|---|
| Effective from | 25.12.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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