Decree of the Minister for Foreign Affairs No. 5 / 1984 Coll.
Decree of the Minister for Foreign Affairs on the Convention on the Status, Privileges and Immunities of Interstate Economic Organisations in Certain Areas of Cooperation
Valid
Effective from 30.10.1983
5
DECLARATION
Minister for Foreign Affairs
of 11 November 1983
on the Convention on the Status, Privileges and Immunities of Interstate Economic Organisations in Certain Areas of Cooperation
On 5 December 1980, the Convention on the Status, Privileges and Immunities of Interstate Economic Organisations in certain areas of cooperation was signed in Budapest.
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 in the Secretariat of the Council of Mutual Economic Assistance, depositary of the Convention, on 1 September 1983.
The Convention entered into force on 17 July 1982 on the basis of Article XX (1) thereof and for the Czechoslovak Socialist Republic on 30 October 1983 on the basis of the same Article (2).
The Czech translation of the Convention is being announced simultaneously.
Minister:
Ing. Chupek v. r.
CONVENTION
on the status, privileges and immunities of inter-state economic organisations operating in certain areas of cooperation
Contracting States to this Convention
Desiring to help develop the activities of inter-state economic organisations active in certain areas of cooperation and thus contribute to strengthening friendly relations between the Member States of such organisations,
agree on the following:
Extracts, essences and concentrates
In this Convention:
(a) "inter-state economic organisation operating in certain areas of cooperation" (hereinafter referred to as "the Organisation") means an international organisation of which the States are members, established under an international treaty to coordinate the activities of its members in cooperation and cooperation in certain areas of the economy, science and technology;
(b) "host State" means the State within the territory of which the Organisation, its institution or its body is situated or a meeting of its authority is convened;
(c) "Organisation rooms" means any building or part of a building, including land belonging to that building or part of a building used by it with the consent of the host State;
(d) "representative body" means an organisation body composed of representatives of the Member States;
(e) "representatives of the States" means representatives of the Member States in the representative bodies of the Organisation, members of delegations seconded by the Member States of the Organisation at meetings of those bodies, as well as observers;
(f) "officials" means the staff of the Organisation who, by decision of its representative body, belong to the category of officials and appear on the list of such persons which the Organisation communicates to the States of the Organisation's headquarters and its bodies and to the other Member States of the Organisation;
(g) the "Chief Officer of the Organisation" shall be the head of the administrative executive body of the Organisation, appointed by its representative body to do so by the authorised establishment documents of the Organisation;
(h) "observers" shall be representatives of States not members of the Organisation and shall attend meetings of its bodies at the invitation of the Organisation, as well as meetings and conferences held by the Organisation.
Scope
This Convention shall apply to organisations:
(a) all members of which are Contracting States to this Convention; or
(b) all the Member States of which so decide; or
(c) whose instruments of incorporation provide for the application of this Convention to them.
International legal personality of the Organisation
In implementing the provisions of Article II, Contracting States shall take into account that, under this Convention, the privileges and immunities provided for therein are granted to organisations which have an international legal personality resulting from the provisions of their constituent documents as a whole and which as such may, in accordance with those documents and decisions of their authorised representative bodies, conclude international agreements and perform international relations to the extent necessary to fulfil their objectives and functions.
National legal personality Organisation
1. The organisation is a legal person.
2. The organisation shall have the legal capacity necessary for the performance of its duties and may in particular:
(a) conclude contracts;
(b) to acquire, hire, lease and dispose of property;
(c) act before a court.
Untouchable rooms, archives and documents
The rooms of the Organisation, as well as archives and documents of the Organisation, including official correspondence, shall be inviolable wherever they are located.
Exemptions from jurisdiction
The assets and assets of the Organisation shall enjoy immunity to any form of administrative or judicial action, except where the Organisation itself renounces immunity.
Exemptions from taxes and charges
1. The organisations and rooms they use shall be exempt from direct taxes and other compulsory payments and charges having a tax character both national and local, with the exception of payments for municipal and other similar types of services.
2. The organisation shall be exempt from customs duties and restrictions on imports and exports of items intended for service.
Exemption from financial control
The financial activity of the Organisation shall not be controlled by the central or local authorities of the host State.
Advantages in connection with connections
The organisation shall enjoy in the territory of each Member State at least the same favourable conditions as regards priority, tariffs and charges in postal, telegraph and telephone traffic enjoyed by diplomatic representative offices in those States.
Printed matter
With respect to the rule of law in force in the State of the seat of the Organisation, the Organisation shall be entitled to issue and disseminate, in accordance with its objectives and functions, the publications of which are envisaged by the establishment documents of the Organisation or by resolutions of its authorised representative body.
Privileges and immunities
1. Representatives of States shall enjoy:
(a) immunity from arrest or detention as well as exemption from the jurisdiction of judicial and administrative authorities in respect of all acts which they may take as agents;
(b) the integrity of official correspondence and documents;
(c) exemption from customs duties and customs duties (with the exception of storage and transport charges) from articles intended for personal use and for official use by States delegations;
(d) exemption from customs control of personal luggage, unless there are serious grounds to assume that baggage contains articles whose import or export is prohibited or regulated by the quarantine rules of the relevant Contracting State of the Convention;
(e) exemption from direct taxes and salary benefits paid to them by the State which they represent;
(f) exemption from personal duties.
2. The provisions of paragraphs (e) and (f) of paragraph 1 of this Article shall apply to members of the family of representatives who accompany him, unless the citizens of the relevant Contracting State of this Convention are or are not resident therein.
3. In addition to the privileges and immunities referred to in paragraph 1 of this Article, representatives of States in the main representative body of the Organisation shall enjoy privileges and immunities which are granted in the relevant State to diplomatic representatives.
4. The provisions of paragraphs 1 and 3 of this Article shall not apply in relations between the authorities of the State and the representatives of that State.
Withdrawal of immunity
The privileges and immunities provided for in Article XI of this Convention shall be granted to the persons referred to in that Article solely in the interests of the performance of their duties. Each State may waive the immunity of its representative in all cases where, in its view, immunity is an obstacle to the exercise of justice and the waiver of immunity is not prejudicial to the objectives in respect of which it has been granted.
Privileges and immunities
1. Functionaries:
(a) they shall not be liable to judicial or administrative liability for any acts which they may take as officials;
(b) are exempt from personal duties;
(c) are exempt from direct taxes and salary and other remuneration paid to them by the Organisation;
(d) they shall be exempt from customs duties and customs duties (with the exception of storage and transport charges) on articles intended for personal use, including articles for equipment on first entry into the State of the Organisation or its bodies, as well as from the provision of export permits for those articles on departure from that State. Articles imported by officials may be disposed of by them in the States of the Organisation's headquarters or its bodies in accordance with the national provisions of those countries.
2. The provisions of paragraphs (b) and (d) of paragraph 1 of this Article shall apply to members of the family of officials living in the common household with him, unless the citizens of the States of the Organisation or of its bodies are citizens of, or have permanent residence therein.
3. In addition to the privileges and immunities referred to in paragraph 1 of this Article, the Chief Officer of the Organisation shall enjoy the privileges and immunities provided to diplomatic representatives in the relevant State.
4. Points (b), (c) and (d) of paragraph 1 of this Article shall not apply in relations between officials and authorities of the State of which they are citizens or in whose territory they are resident.
Withdrawal of immunity
The privileges and immunities provided for in Article XIII of this Convention shall be granted to officials solely in the interests of the Organisation and the independent exercise of their duties. The main official of the Organisation shall have the right and shall be obliged to waive the immunity granted to any of the Organisations' officials in those cases where, in his opinion, immunity is an obstacle to the exercise of justice and may be waived without prejudice to the interests of the Organisation. As regards the main officials of the Organisation, the right to waive immunity shall be the responsibility of the representative body which appointed it.
Assistance to representatives of States and officials
1. The Contracting State of this Convention shall ensure the necessary conditions for representatives of States in the bodies of the Organisation, the delegations of States at the meetings of the bodies of the Organisation and at its meetings and conferences as well as for officials to perform their functions. In particular, the Host State shall assist the aforementioned persons in providing official rooms and apartments, medical assistance and other social and communal services in accordance with the national rules of that State.
2. The provisions of paragraph 1 of this Article shall not apply to representatives of States and officials who are citizens of the host State or persons residing on its territory.
Compliance with the rule of law
Organisations and persons enjoying the privileges and immunities provided for in this Convention shall comply with the law of the Contracting State of this Convention in whose territory they are located.
Signature of the Convention
This Convention shall be open for signature by 31 December 1981.
Access
This Convention shall be open to access to any State after the date referred to in Article XVII. Access documents shall be deposited with the depositary.
Ratification
This Convention shall be subject to ratification. The instruments of ratification shall be deposited with the depositary.
Entry into force
1. This Convention shall enter into force on the 60th day following the deposit of the sixth instrument of ratification or accession.
2. For each State which deposits its instrument of ratification or accession after the sixth instrument of ratification or accession has been deposited, the Convention shall enter into force on the 60th day following the deposit of the instrument of ratification or accession by that State.
Amendments
1. This Convention may be amended only with the consent of all its Contracting States. Proposals for amendments may be made by any Contracting State of the Convention. Such proposals shall be sent to the depositary.
2. Amendments to this Convention shall be subject to ratification and shall enter into force after the deposit of the last instrument of ratification of the Contracting States to the Convention with the depositary.
Duration
This Convention shall be negotiated for an unlimited period.
Termination
1. Each State may terminate this Convention by sending a notification to that depositary.
2. The denunciation shall be effective 12 months after the date on which the depositary received the notification.
3. Where the obligation to grant the Organisation of Immunities and Privileges provided for in this Convention is accepted by the Member States of that Organisation on the basis of its instruments of incorporation or decisions, the denunciation of the Convention shall not affect the validity of that commitment.
Depository
The original of this Convention shall be deposited in the Secretariat of the Council of Mutual Economic Assistance, which shall act as depositary of this Convention.
Done at Budapest, 5 December 1980, in one copy in Russian.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 5 / 1984 Coll., on the Convention on the Status, Privileges and Immunities of Interstate Economic Organisations in Certain Areas of Cooperation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.01.1984 |
|---|---|
| Effective from | 30.10.1983 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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