Decree of the Minister for Foreign Affairs No. 21 / 1968 Coll.
Decree of the Minister for Foreign Affairs on the Convention on the Privileges and Immunities of International Professional Organisations
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21
DECLARATION
Minister for Foreign Affairs
of 30 January 1968
concerning the Convention on the Privileges and Immunities of International Professional Organisations
On 21 November 1947, the United Nations General Assembly approved the Convention on the Privileges and Immunities of International Professional Organisations in New York.
The President of the Republic has signed the instrument of accession to the Convention subject to the following condition:
"The Czechoslovak Socialist Republic shall not be considered to be bound by the provisions of Sections 24 and 32 of the Convention which provide for the binding jurisdiction of the International Court of Justice in disputes arising from the interpretation or implementation of the Convention; As regards the jurisdiction of the International Court of Justice for these disputes, the Czechoslovak Socialist Republic takes the view that in order for a dispute to be brought before the International Court of Justice to be resolved, the consent of all parties in the dispute is necessary in each case. This reservation shall also cover the provisions of Section 32 according to which the parties are to accept the International Court of Justice's opinion as decisive. ';
The Charter of Access was deposited with the Secretary-General of the United Nations, depositary of the Convention, on 29 December 1966.
On the basis of Article XI of Section 41, the access of the Czechoslovak Socialist Republic has become effective on the date of deposit of the instrument of accession. In accordance with Article XI of Section 43 of the Convention, the Czechoslovak Socialist Republic has undertaken to implement its provisions in respect of:
(a) the International Labour Organisation;
(b) the United Nations Organisation for Education, Science and Culture,
(c) the International Civil Aviation Organisation;
(d) the International Health Organisation;
(e) the World Postal Union;
(f) the International Telecommunications Union,
(g) the World Meteorological Organisation; and
(h) the Intergovernmental Maritime Advisory Organisation.
The Czech translation of the Convention is being announced simultaneously.
David v. r.
CONVENTION
on the privileges and immunities of professional organisations approved by the United Nations General Assembly on 21 November 1947
Since the United Nations General Assembly adopted a resolution on 13 February 1946 to unify, as far as possible, the privileges and immunities enjoyed by the United Nations and various professional organisations, and
as consultations were held on the implementation of that resolution between the United Nations and the expert organisations,
On 21 November 1947, the General Assembly of Resolutions 179 (II) adopted this Convention, which is to be submitted to expert organisations for adoption and to all Member States of the United Nations and to all other States that are members of one or more professional organisations.
Definitions and scope
In this Convention:
1. The words "standard provisions" refer to Articles II to IX
2. The words "professional organisation" mean:
(a) the International Labour Organisation;
(b) the Food and Agriculture Organisation of the United Nations,
(c) the United Nations Organisation for Education, Science and Culture,
(d) the International Civil Aviation Organisation;
(e) the International Monetary Fund;
(f) the International Bank for Reconstruction and Development;
(g) the World Health Organisation;
(h) the World Postal Union;
(i) the International Telecommunications Union; and
(j) any other organisation associated with the United Nations pursuant to the provisions of Articles 57 and 63 of the Charter.
3. The word "Convention" means, in respect of any professional organisation, standard provisions as adapted by the final (or revised) text of the Annex transmitted by that organisation in accordance with the provisions of Sections 36 and 38.
4. For the purposes of Article III, the words "assets and assets' shall also include assets and funds managed by a professional organisation in the performance of its statutory functions.
5. For the purposes of Articles V and VII, the term "members' representatives' shall be understood to include all representatives, alternators, advisers, technical experts and delegations' secretaries.
6. in Sections 13, 14, 15 and 25, the term "meeting convened by a professional organisation" shall mean the meeting: 1. Its assembly and executive body (in any way designated) and 2. Any commission set up under its Constitution, 3. Any international conference convened by it, 4.
7. The term "Head of Secretariat" shall mean the Chief Executive Officer of the relevant professional organisation, whether designated as "Director General" or otherwise.
Each Contracting Party to this Convention, in respect of any professional organisation to which the Convention applies under Section 37, shall grant to that Organisation, or in respect of which, the privileges and immunities provided for in the Standard Provisions on the basis of the conditions specified therein, subject to the adaptations contained in the provisions of the final (or revised) Annex relating to that Organisation and transmitted pursuant to Section 36 or 38.
Legal personality
Professional organisations are legal entities. They 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
Professional organisations, their assets and assets located anywhere and held by anyone shall enjoy immunity from the jurisdiction of any kind, unless they have expressly waived it in a particular case. However, it is understood that no waiver of immunity may apply to enforcement measures.
The rooms of professional organisations are untouchable. Property and assets of professional organisations, wherever located and held, shall enjoy immunity from inspection, props, confiscation, expropriation and any other intervention to an executive, administrative, judicial or legislative body.
The archives of professional organisations and all documents belonging to or held by them shall be untouchable wherever they are located.
Not subject to financial control, regulations or moratories of any kind,
(a) professional organisations may hold funds, gold or any currency and have accounts in any currency;
(b) professional organisations may freely transfer their funds, gold or currency from one country to another or within any country and exchange any currency they hold for any other currency.
In exercising its rights under Section 7 above, each expert organisation shall take due account of any observations made by the Government of any Contracting Party if it finds that it can satisfy them without prejudice to its interests.
The professional organisations, their assets, revenue and other assets shall be:
(a) exempt from all direct taxes; it is understood, however, that professional organisations will not seek tax exemptions which are in fact merely a service fee of general use;
(b) exempt from customs duties, import and export prohibitions and restrictions as regards articles imported or exported by professional organisations for their official use. However, it is understood that articles with such exemption imported will not be sold in the State to which they were imported, but under conditions agreed with the Government of that State;
(c) exempt from customs duties and import and export prohibitions and restrictions as regards their publications.
Although, as a general rule, professional organisations will not seek exemption from excise duties and taxes on the sale of immovable and movable property forming part of the price to be paid, the Contracting Parties shall, whenever possible, take appropriate administrative measures to waive or refund the benefit or tax when the professional organisations make, for official use, important purchases for which such benefits and taxes have been or are to be imposed.
Facilitating the connection
Each expert organisation shall, on the territory of each State party to this Convention, enjoy, for the purpose of transporting official reports, the use of any treatment provided by the Government of that State to any other government, including its diplomatic mission as regards priority rights, rates and charges for postal consignments, telegrams, telegrams, radiographs, phototegrams, telephone and other transmission of messages, as well as the rates for press and radio messages.
Official correspondence and other official contacts of professional organisations shall not be subject to censorship.
Professional organisations shall have the right to use the code and to send and receive correspondence via couriers or 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 Convention and a professional organisation.
Representatives of the Member States
Representatives of the Member States shall enjoy the following privileges and immunities at meetings convened by professional organisations in the performance of their duties and on their way to and from the meeting:
(a) immunity against arrest or detention and the seizure of personal luggage and immunity from the jurisdiction of any kind for oral or written statements and for any acts which they take as representative;
(b) the integrity of all documents and documents;
(c) the right to use the code and to receive documents and correspondence by courier or in sealed baggage;
(d) for themselves and their spouses exemption from immigration restrictions, from reporting to foreigners and from obligations arising from the civil service in the State in which they arrive or pass through in the performance of their duties;
(e) as regards restrictions on foreign exchange or monetary benefits granted to representatives of foreign governments with a temporary official mission;
(f) in respect of personal luggage of the same immunity and benefits which are granted to diplomatic representatives of comparable rank.
In order to ensure full freedom of speech and full independence in the performance of their duties, the immunity from the jurisdiction for oral or written statements and for all acts which they have in the performance of their duties, and to ensure full freedom of speech and full independence in the meetings of the Member States' representatives in the professional organisations convened by them, the immunity from the jurisdiction for oral or written statements, and for all acts which they have in the performance of their duties, shall continue to be granted, regardless of the fact that those persons will no longer perform those functions.
Where the tax of any kind depends on residence, the periods during which representatives of the Member States in professional organisations and at meetings convened by such professional organisations shall not be considered to be periods of residence within the territory of a Contracting Party for the performance of their duties.
Privileges and immunities shall be provided to the representatives of the Member States not for their personal benefit, but for ensuring the independent exercise of their tasks related to professional organisations. 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 exercise of justice and where it can be waived without prejudice to the purpose for which immunity is granted.
The provisions of Section 13, 14 and 15 shall not apply in relation to the representative and the authorities of the State of which he is a national or of which he is or has been an representative.
Each expert organisation shall designate the categories of officials to whom the provisions of this Article and of Article VIII apply. They shall submit their list to all Contracting Parties to this Convention for each expert organisation and Secretary-General of the United Nations. The names of officials included in these categories shall be notified from time to time to the aforementioned governments.
Officials of professional organisations:
(a) enjoy immunity from jurisdiction for oral or written statements and for all acts in the performance of their official functions;
(b) are exempt from taxation of salaries and benefits paid by their professional organisations under the same conditions as officials of the United Nations;
(c) enjoy, together with their spouses and relatives, immunity from immigration restrictions and reporting to foreigners;
(d) enjoy the same privileges as regards foreign exchange benefits as officials of diplomatic missions of comparable rank;
(e) enjoy, together with their spouses and relatives, the same repatriation benefits during international crises as officials of diplomatic missions of comparable rank;
(f) they have the right to import duty-free their furniture and uppers at the time of first taking up office in the country concerned.
Officials of professional organisations shall enjoy immunity from obligations arising from civil service, and in relation to States of which they are citizens, such immunity shall apply only to those officials of professional organisations whose names have been entered in a list drawn up by the head of the technical organisation's secretariat and approved by the competent State in connection with their mission.
Where other officials of professional organisations should be called upon to perform a public service, the competent State shall, at the request of the competent professional organisation, grant such temporary postponement 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 19 and 20, the Head of Secretariat of each expert organisation, as well as an official acting on its behalf in his absence, together with his spouses and minor children, shall enjoy such privileges and immunities, exemptions and benefits provided to diplomatic staff under international law.
Privileges and immunities shall be granted to officials only in the interests of professional organisations and not for their personal benefit. Each professional organisation 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 that professional organisation.
Each expert organisation shall at all times cooperate with the competent authorities of the Contracting Parties to facilitate the proper exercise of the right, ensure that police regulations are maintained and prevent any abuse of the privileges, immunities and benefits referred to in this Article.
Abuse of privilege
If any Contracting Party to this Convention considers that the privileges or immunities referred to in this Convention have been misused, consultations shall be held between that State and the relevant professional organisation in order to determine whether it has occurred and, if so, to ensure that it does not repeat. If consultations do not result in a satisfactory outcome for that State and for that professional organisation, the question of whether the privilege or immunity has been misused shall be referred to the International Court of Justice in accordance with the provisions of Section 32. If the International Court of Justice concludes that an abuse has taken place, the Contracting Party to this Convention, which has been damaged by such abuse, shall have the right to withdraw the relevant professional organisation after having informed it of the benefit of the privilege or immunity to which it has been misused.
1. Representatives of Member States at meetings convened by professional organisations, in the performance of their duties and during their journey to and from the place of assembly and officials of the category set out in Section 18 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 in a particular State outside the scope of his official duties, the Government of that State may request that that State leave under the following conditions:
2.I. Representatives of the Member States or persons entitled to diplomatic immunity under Section 21 shall not be required to leave the State in any way other than the procedure applied to diplomatic representatives accredited in that State.
II. In the case of an official to whom Section 21 does not apply, no order shall be given to leave the competent State, but with the consent of the Minister for Foreign Affairs of that State, which may be expressed only after consultation with the head of the secretariat of the competent professional organisation; and where expulsion proceedings are pending against an official, the head of the technical organisation's secretariat shall have the right to participate in such proceedings on behalf of the person against whom it has been established.
Laissez-passer
Officials of professional organisations may use the United Nations laissez-passer in accordance with administrative arrangements concluded between the Secretary-General of the United Nations and the competent authorities of professional organisations which may in particular be empowered to issue laissez-passer. The Secretary-General of the United Nations shall inform all Contracting Parties of any such arrangement.
The Parties to this Convention recognise and accept the United Nations laissezsez- passer issued to officials of professional organisations as valid travel documents.
Applications for visas, if required by officials of professional organisations who have a United Nations laissezsezpasser, shall be dealt with as quickly as possible if they are accompanied by a certificate stating that they are travelling in relation to the matters of the professional organisation. In addition, rapid travel will be facilitated by such persons.
Benefits similar to those referred to in Section 28 shall be granted to experts and other persons who, although not having a United Nations laissez-passer, have confirmation that they are travelling in the context of professional organisation matters.
The Head of the Secretariat, their assistants, the Heads of Department and other officials who do not have a lower rank than the Head of Department of Professional Organisations and who travel to the United Nations laissez-passer in connection with the affairs of professional organisations shall enjoy the same travel benefits as officials of diplomatic missions of comparable rank.
Settlement of disputes
Each expert organisation shall make arrangements for an appropriate settlement method:
(a) disputes arising from contracts or other disputes of a private nature in which the professional organisation is party;
(b) disputes involving any official of a professional organisation enjoying immunity for his official status, unless immunity has been waived under the provisions of Section 22.
Any discrepancies arising from the interpretation or implementation of this Convention shall be submitted to the International Court of Justice unless the Parties agree in any case to use another means of settlement. If there is a conflict between a professional organisation, on the one hand, and a Contracting Party, on the other hand, pursuant to Article 96 of the Charter, Article 65 of the Statute of the International Court of Justice and in accordance with the relevant provisions of the agreements concluded between the United Nations and the relevant professional organisation, a request for an opinion shall be made on any legal issue in the dispute. The Parties shall accept the International Court of Justice's opinion as decisive.
Annexes and implementation by each expert organisation
For each professional organisation, the standard provisions shall apply subject to the amendments contained in the final (revised) text of the Annex relating to that organisation in accordance with the provisions of Sections 36 and 38.
The provisions of this Convention in respect of any professional organisation shall be interpreted in the light of the functions conferred on that professional organisation by its Statute.
Proposals for Annexes 1 to 9 shall be recommended to those professional organisations. In the case of any professional organisation not specifically mentioned in Section 1, the Secretary-General of the United Nations shall send to that organisation a draft annex recommended by the Economic and Social Council.
The final text of each annex shall be adopted by the relevant expert organisation in accordance with its statutory procedure. A copy of the Annex adopted by each expert organisation shall be forwarded to the Secretary-General of the United Nations to replace the proposal set out in Section 35.
This Convention shall become effective for each professional organisation as soon as it has transmitted to the Secretary-General of the United Nations the final text of the relevant Annex and shall inform it that it adopts the standard provisions as adapted in the relevant Annex and undertakes to implement Sections 8, 18, 22, 23, 24, 31, 32, 42 and 45 (subject to any adaptations to Section 32 which may be deemed necessary for the purpose of harmonising the final text of the Annex with the Statute of the relevant expert organisation) and any provisions of the Annex imposing obligations on that expert organisation. The Secretary-General shall send to all Member States of the United Nations and other Member States certified copies of all the Annexes which have been transmitted to him in accordance with the provisions of this Section and the revised Annexes which have been transmitted in accordance with the provisions of Section 38.
If, after transmission of the final text of the Annex in accordance with the provisions of Section 36, an expert organisation approves any supplement under its statutory procedure, it shall transmit the revised text to the Secretary-General of the United Nations.
The provisions of this Convention shall not in any way restrict or prejudice the privileges and immunities which have been or may be provided by any State by certain professional organisations in order to include in the territory of that State its registered office or its registered office. This Convention shall not be construed as preventing any Contracting Party and any professional organisation from concluding additional agreements governing the provisions of this Convention or extending or limiting the privileges and immunities granted by this Convention.
It is understood that the standard provisions as amended by the final text of the Annex sent to the Secretary-General of the United Nations by the competent expert organisation pursuant to the provisions of Section 36 (or the revised annex sent under the provisions of Section 38) will comply with the provisions of the Statute which will be in force for the relevant professional organisation and if it would be necessary to supplement this Statute in such a way that such an addition will enter into force under the statutory procedure of that expert organisation before the final (or revised) annex is transmitted.
This Convention is not to operate in such a way as to disturb or alter the provisions of the Statute of a professional organisation, neither the rights nor the obligations which it may have, obtain or assume.
Final provisions
The access of any United Nations Member State and, taking into account the provisions of Section 42 of any Member State, any professional organisation to this Convention shall be effected by the deposit of an instrument of access with the Secretary-General of the United Nations and shall take effect on the date of its deposit.
Each relevant expert organisation shall deliver the text of this Convention together with the relevant Annexes to its Member States which are not members of the United Nations and shall invite them to accede to it in respect of that organisation by depositing an instrument of access to this Convention either to the Secretary-General of the United Nations or to the Head of Secretariat of the relevant expert organisation.
Each Contracting Party to this Convention shall indicate in its instrument of access the professional organisation or organisations to which it undertakes to implement the provisions of this Convention. Each Contracting Party to this Convention may undertake, by means of an additional written communication to the Secretary-General of the United Nations, to implement the provisions of this Convention in respect of other or other professional organisations. This communication shall take effect on the day on which it is received by the Secretary-General.
This Convention shall enter into force for each Contracting Party to this Convention in respect of a professional organisation as soon as it has become applicable to that Organisation in accordance with the provisions of Section 37 and as soon as the Contracting Party undertakes to implement the provisions of the Convention in respect of that Organisation in accordance with the provisions of Section 43.
The Secretary-General of the United Nations Organisation shall inform all Member States of professional organisations of the deposit of any instrument of access received under the provisions of Section 41 and of any other communication received under the provisions of Section 43. The head of the Secretariat of any expert organisation shall inform the Secretary-General of the United Nations and the Member States of the organisation concerned of the deposit of any instrument of access deposited with him in accordance with the provisions of Section 42.
Once a State has deposited a instrument of access or a later communication, that State may, in accordance with its provisions, implement the provisions of this Convention, as amended by the final text of the relevant Annexes concerning professional organisations, covered by such access or communication.
1. Subject to paragraphs 2 and 3 of this Section, each Contracting Party to this Convention shall undertake to implement this Convention in respect of any professional organisation it indicates in its instrument of accession or in a later communication, until the revised Convention or Annex becomes effective for that organisation and the relevant State adopts that revised Convention or Annex. In the case of a revised Annex, acceptance by States shall be made by communication to the Secretary-General of the United Nations, which shall take effect on the date on which the Secretary-General receives it.
2. However, any Contracting Party to this Convention which is not or has ceased to be a Member State of a professional organisation may send a written communication to the Secretary-General of the United Nations and to the Head of the Secretariat of the relevant organisation that it intends to withdraw the benefits of this Convention from a given date but not more than three months after receipt of this communication.
3. Each Contracting Party to this Convention may withdraw the benefits of this Convention from any professional organisation which ceases to be associated with the United Nations.
4. The Secretary-General of the United Nations shall inform all Contracting Parties to this Convention of any communication received under this Section.
At the request of one third of the Parties to this Convention, the Secretary-General of the United Nations shall convene a conference to revise it.
The Secretary-General of the United Nations shall send copies of this Convention to any expert organisation and government of each United Nations Member State.
Příloha I
Annex I
International Labour Organisation
In relation to the International Labour Organisation, standard provisions shall apply subject to the following provisions:
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 21 / 1968 Coll., on the Convention on the Privileges and Immunities of International Professional Organisations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.03.1968 |
|---|---|
| Effective from | 29.12.1966 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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