Decree No. 52 / 1956 Coll.
Declaration on the accession of the Czechoslovak Republic to the Convention on the Privileges and Immunities of the United Nations approved by the General Assembly of the United Nations on 13 February 1946
Valid
Effective from 07.09.1955
52.
Decree of the Minister for Foreign Affairs
of 9 July 1956
on the accession of the Czechoslovak Republic to the Convention on the Privileges and Immunities of the United Nations approved by the General Assembly of the United Nations on 13 February 1946
By Resolution of 13 February 1946, the General Assembly of the United Nations approved, on the basis of Articles 104 and 105 of the Charter of the United Nations, the Convention on the Privileges and Immunities of the United Nations and recommended that all members of the United Nations accede to it.
The National Assembly gave its assent to the Convention on 24 May 1955, subject to its par. 30. The Convention was ratified by the President of the Republic on 26 July 1955, subject to par. 30, and the instrument of ratification was deposited with the Secretary-General of the United Nations on 7 September 1955.
According to its par. 32, this Convention shall become effective for each Member State on the date on which it has lodged the instrument of accession, and thus became effective for the Czechoslovak Republic on 7 September 1955.
When accessing the Convention, the Czechoslovak Republic made the following reservation:
"The Czechoslovak Republic shall not be regarded as a Pr. 30 of the Convention, which provides for the jurisdiction of the International Court of Justice in disputes arising from the interpretation or application of the Convention; As regards the jurisdiction of the International Court of Justice for these disputes, the Czechoslovak Republic is of the opinion 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 concern another provision of the same paragraph, according to which the International Court of Justice's opinion is to be accepted as decisive. '
In addition to the Czechoslovak Republic, the following States are bound by this Convention until now: Afghanistan, Australia, Belgium, the Soviet Socialist Republic of Belarus (subject to reservation), Bolivia, Brazil, Burma, Costa Rica, Denmark, Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, Philippines, France, Guatemala, Haiti, Honduras, Chile, India, Iraq, Iran, Iceland, Israel, Jugoslavia, Canada (subject to reservation), Lebanon, Liberia, Luxembourg, Nicaragua, Norway, New Zealand (subject to reservation), Pakistan, Panama, Paraguay, Poland, Greece, United Kingdom of Great Britannia and Northern Ireland, Switzerland of the Soviet Socialist Republic (subject), Syria, Sweden, Thailand (subject to reservation), Turkey (with reservations), the Ukrainian Soviet Socialist Republic (with reservation).
The Czech translation of the Convention on the Privileges and Immunities of the United Nations is hereby declared as a separate part of the Annex to the Collection of Laws. *)
David v. r.
Annex to Decree of the Minister for Foreign Affairs No 52 / 1956 Coll., on the access of the Czechoslovak Republic to the Convention on the Privileges and Immunities of the United Nations Organisation of United Nations approved by the United Nations Assembly on 13 February 1946.
Convention
on the privileges and immunities of the United Nations, approved by the United Nations General Assembly on 13 February 1946
Since Article 104 of the Charter of the United Nations provides that the Organisation shall enjoy in the territory of each of its Member States the legal capacity required to carry out its tasks and fulfil its objectives, and
Whereas Article 105 of the Charter of the United Nations provides that the Organisation shall enjoy in the territory of each of its Member States the privileges and immunities which it is required to fulfil its objectives and that representatives of the United Nations Member States and officials of the Organisation enjoy similarly the privileges and immunities which it is required to carry out independently their tasks related to the Organisation,
The General Assembly of Resolutions adopted on 13 February 1946 approved the Convention below and recommended that each United Nations Member State accede to it.
Legal personality.
The United Nations is a legal person. It shall be eligible:
(a) negotiate contracts;
(b) acquire and dispose of immovable and movable property;
(c) appear before the courts.
Property, funds and property.
The United Nations, its ownership and property, wherever it is located and in whatever possession, shall enjoy immunity from legal proceedings of any kind, unless the United Nations has expressly waived it in a particular case. However, it is understood that the waiver of immunity cannot apply to any enforcement measure.
United Nations rooms are untouchable. The ownership and property of the United Nations, wherever located and in whatever possession, shall enjoy immunity to search, capture, confiscation, expropriation and any other intervention by an executive, administrative, judicial or legislative body.
The archives of the United Nations and all documents belonging to it or in its possession are untouchable wherever they are located.
Not subject to financial control, financial regulations or financial moratorium of any kind,
(a) the United Nations may hold funds, gold or foreign exchange of any kind and have accounts in any currency;
(b) The United Nations may freely transfer its funds, gold or foreign exchange from one country to another or within any country and exchange any foreign exchange it holds into any other currency.
In exercising its rights under Article 5 above, the United Nations will have due regard to any observations made by the Government of any Member State if it finds that it can satisfy them without prejudice to its interests.
The United Nations, its assets, revenue and other ownership, shall be:
(a) exempt from all direct taxes; However, it is understood that the United Nations will not seek tax exemptions which are in fact simply a substitute for services of general use;
(b) exempt from customs duties and import and export prohibitions and restrictions in respect of items imported or exported by the United Nations for its official use. However, it is understood that the items imported with such exemption will not be sold in the country to which they were imported, but under conditions agreed with the Government of that country;
(c) exempt from customs duties and import and export prohibitions and restrictions as regards the publications of the Organisation.
Although, as a general rule, the United Nations 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, Member States will, whenever possible, take appropriate administrative measures to reduce or refund the benefit or tax, where the United Nations makes significant purchases of the property to which such benefits and taxes have been or are to be imposed for official use.
Advantages regarding the delivery of messages.
The United Nations will enjoy, on the territory of each Member State, no less favourable treatment than that provided by the Government of that Member State to any other government, including its diplomatic representative office as regards priority rights, rates and charges for postal consignments, cables, telegrams, radiographs, phototegrams, telephone and other transmission of messages, as well as the press and radio reports. Official correspondence or other official transmission of United Nations reports shall not be subject to censorship.
The United Nations will have the right to use the cipher and to send and receive correspondence from couriers or baggage enjoying the same immunity and privileges, such as diplomatic couriers and diplomatic baggage.
Representatives of the Member States.
Representatives of the Member States in the main and auxiliary bodies of the United Nations and at conferences convened by the United Nations shall enjoy the following privileges and immunities when performing their tasks and on their way to and from the meeting:
(a) immunity from arrest or detention and the seizure of personal luggage and immunity from legal proceedings 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 national service in the State to which they arrive or pass through in the performance of their duties;
(e) as regards restrictions on foreign exchange or currency benefits granted to representatives of foreign governments with a temporary official mission;
(f) personal luggage, the same immunity and benefits granted to diplomatic agents, as well as
(g) such other privileges, immunities and advantages enjoyed by diplomatic agents, unless they are incompatible with the preceding, other than the right to seek exemption from customs duties on goods imported (other than as part of their personal luggage) and from excise duties or sales taxes.
In order to ensure full freedom of speech and independence in the performance of their duties, immunity to legal proceedings for oral or written statements and for all acts which they do in the performance of their duties, and at conferences convened by the United Nations, representatives of the Member States will continue to be granted.
Where the tax of any kind depends on residence, periods of residence shall not be considered as periods for which the representatives of the Member States, in the main and auxiliary bodies of the United Nations, and at conferences convened by the United Nations, are held in a Member State for the performance of their duties.
Privileges and immunities shall be granted to representatives of the Member States, not for the personal benefit of individuals themselves, but for ensuring the independent exercise of their tasks in connection with the United Nations. Therefore, a Member State has not only the right but the duty to waive the immunity of its representative in any case where, in the Member State's view, immunity would impede the exercise of justice and it could be waived without prejudice to the purpose for which immunity is granted.
Paragraph 11, 12 and 13 cannot be applied 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 a representative.
For the purposes of this Article, the term "representatives' shall be understood to include all delegates, representatives of delegates, advisers, experts and secretaries of delegations.
Officials.
The Secretary-General shall designate the categories of officials to whom the provisions of this Article and of Article VII apply. It shall submit a list of these categories to the General Assembly. These categories will then be communicated to the governments of all Member States. The names of officials included in these categories will sometimes be notified to the governments of the Member States.
United Nations officials:
(a) they shall enjoy immunity from legal proceedings in respect of oral or written statements and for all acts which they conduct in the performance of the Office;
(b) they shall be exempt from taxation of the salaries and benefits paid to them by the United Nations;
(c) enjoy immunity from obligations arising from the national service;
(d) enjoy immunity, together with their spouses and members of their families living at their expense, against immigration restrictions and the reporting of foreigners;
(e) they shall enjoy the same privileges as regards foreign exchange benefits as officials of a similar rank to those assigned to the diplomatic representative offices appointed by the competent government;
(f) they, together with their spouses and members of their families living at their expense, will enjoy the same benefits during the international crisis as diplomatic representatives;
(g) they shall have the right to import duty-free their furniture and uppers at the time when they first take office in the country in question.
The Secretary-General and all the representatives of the Secretary-General shall be granted privileges and immunities, exemptions and benefits under international law, to diplomatic representatives, to their spouses and to their minor children, other than those referred to in Article 18.
Privileges and immunities shall be granted to officials in the interest of the United Nations and not for the personal benefit of individuals themselves. The Secretary-General will have the right and the duty to waive the immunity of any official in any case where, in his opinion, immunity would hinder the exercise of justice and could be waived without prejudice to the interests of the United Nations. If it is the Secretary-General, the Security Council has the right to waive immunity.
The United Nations shall at any time cooperate with the competent authorities of the Member States in order to facilitate the proper exercise of the right, to ensure the observance of police regulations and to prevent any abuse in connection with the privileges, immunities and benefits referred to in this Article.
Experts assigned by mission to the United Nations.
Experts (unless they are officials under Article V) who carry out a mission for the United Nations shall be granted the privileges and immunities required for the independent exercise of their duties at the time of their mission, including the time spent on the road, linked to their mission. In particular, they shall be provided with:
(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 and for acts which it has done in the performance of its mission. This immunity to legal proceedings will continue to be granted even if they are no longer employed by the United Nations Mission;
(c) the integrity of all documents and documents;
(d) for their association with the United Nations, the right to use the cipher and to accept the documents and correspondence by courier or in sealed baggage;
(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.
Privileges and immunities shall be granted to experts in the interest of the United Nations and not for the personal benefit of individuals themselves. The Secretary-General will have the right and duty to waive the immunity of any expert in any case where, in his view, immunity would hinder the exercise of justice and could be waived without prejudice to the interests of the United Nations.
The United Nations Laissez-passer.
The United Nations may issue laissez@-@ passer to its officials. The authorities of the Member States will recognise and accept these laissezpasser as valid travel documents, taking into account the provisions of Section 25.
The applications of the holders of the laissez@-@ passer of the United Nations visa (if required) shall be handled as quickly as possible if they are accompanied by a certificate that the owner is travelling under the authority of the United Nations. In addition, such persons are granted benefits for fast travel.
Benefits similar to those set out in Section 25 shall be granted to experts and other persons who, although not owner of the United Nations laissez-passer, are certified to travel under the authority of the United Nations.
The Secretary-General, the representatives of the Secretary-General and the Directors, travelling with the United Nations laissez-passer under the authority of the United Nations, shall be granted the same advantages as those accorded to diplomatic representatives.
The provisions of this Article may apply to similar officials of special bodies, provided that the relationship agreements agreed under Article 63 of the Charter so provide.
Dispute settlement.
The United Nations shall make arrangements for appropriate handling:
(a) disputes arising out of contracts or other disputes of a private nature involving a party to the United Nations;
(b) disputes involving any United Nations official enjoying immunity for his official status, unless the Secretary-General has waived his immunity.
Any dispute arising from the interpretation or implementation of this Convention shall be submitted to the International Court of Justice if, in any case, the Parties have not agreed to use another method of settlement. If a dispute arises between the United Nations, on the one hand, and a Member State, on the other hand, pursuant to Article 96 of the Charter and Article 65 of the Statute of the International Court of Justice, a request for an opinion on any legal issue covered by the dispute shall be made. The Parties shall accept the International Court of Justice's opinion as decisive.
Final article.
This Convention shall be submitted to all Member States of the United Nations Organisation for Access.
Access shall be effected by the composition of the instrument with the Secretary-General of the United Nations and shall take effect for each Member State on the date on which the instrument of access is drawn up.
The Secretary-General shall report to all United Nations Member States on the composition of each instrument of access.
It is understood that when an access document is lodged for a Member State, that Member State will, under its own law, be able to implement the provisions of this Convention.
This Convention shall remain in force between the United Nations and any Member State which makes up the instrument of access for as long as that Member State remains a Member State of the United Nations or until the revised General Convention is approved by the General Assembly and that Member State becomes a Contracting Party to that revised Convention.
The Secretary-General may negotiate with any Member State or any Member State additional agreements governing the provisions of this Convention as regards that Member State or those Member States. These Additional Agreements shall be subject to the approval of the General Assembly in each individual case.
*) On page 155.
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Regulation Information
| Citation | Decree No. 52 / 1956 Coll., on the Access of the Czechoslovak Republic to the Convention on the Privileges and Immunities of the United Nations approved by the General Assembly of the United Nations on 13 February 1946 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.11.1956 |
|---|---|
| Effective from | 07.09.1955 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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