ON THE LEGAL STATUS, PRIVILEGES, AND IMMUNITIES OF INTERGOVERNMENTAL ECONOMIC ORGANIZATIONS ACTING IN CERTAIN AREAS OF COOPERATION
The States Parties to the present Convention, seeking to contribute to the expansion of the activity of intergovernmental economic organizations acting in certain areas of cooperation thus assisting in the consolidation of friendly relations among the States that are members of such organizations, have agreed as follows:
ARTICLE I. TERMINOLOGY
For the purposes of the present Convention
"intergovernmental economic organization acting in certain areas of cooperation" (hereinafter referred to as the "Organization") means an international organization uniting States as its members and established under an international treaty to coordinate the activity of its members concerning cooperation in certain areas of economy, science, and technology;
"host State" means a State in whose territory the Organization or its body is located or a meeting of its body is convened;
"premises of the Organization" means any building or part of a building and the land ancillary thereto used by the Organization with the consent of the host State;
"representative body" means a body of the Organization consisting of representatives of the member States;
"representatives of States" means representatives of the member States in the representative bodies of the Organization, members of delegations sent by the member States of the Organization to attend meetings of such bodies as well as observers;
"officers" means members of the personnel of the Organization qualified as officers as decided by the Organization’s representative body and included in the list presented by the Organization to the host States of the Organization and its bodies, and other member Sates of the Organization;
"chief officer of the Organization" means the head of the administrative and executive body of the Organization appointed by its representative body empowered as set forth in the constituent instruments of the Organization;
"observers" means representatives of States, which are non-members of the Organization, participating, on the invitation of the Organization, in meetings of its bodies or other meetings and conferences convened by the Organization.
ARTICLE II. SCOPE OF APPLICATION
This Convention shall apply to Organizations
all of whose members are States Parties to this Convention or
all of whose members decide to be subject hereto or
whose constituent instruments provide for such Organizations being subject hereto.
ARTICLE III. INTERNATIONAL LEGAL PERSONALITY OF THE ORGANIZATION
When implementing the provisions of the Article II the States Parties shall note that the privileges and immunities specified herein shall be granted to Organizations, which have international legal personality arising out of their constituent instruments in general and which, in such capacity, may conclude international agreements and act in international relations in a scope required for the performance of their functions and attainment of their goals as set forth in such instruments and as decided by their competent representative bodies.
ARTICLE IV. DOMESTIC LEGAL PERSONALITY OF THE ORGANIZATION
The Organization shall be a legal entity.
The Organization shall have a legal capacity required for the performance of the functions it is entrusted with and, inter alia, may conclude contracts;
acquire, lease and alienate property;
appear before a court of law.
ARTICLE V. INVIOLABILITY OF PREMISES, ARCHIVES, AND DOCUMENTS
The premises of the Organization as well as its archives and documents, including official correspondence, wherever they may be, shall be inviolable.
ARTICLE VI. IMMUNITY FROM JURISDICTION
The property and assets of the Organization shall be immune from any form of administrative or judicial intervention except when the Organization itself waives the immunity.
ARTICLE VII. EXEMPTION FROM TAXES AND CHARGES
The Organization and its premises shall be exempt from direct taxes and other mandatory payments or charges of fiscal character, both national and local, except for payments for municipal and other similar services.
The Organization shall be exempt from customs duties and limitations on the import and export of articles for official use.
ARTICLE VIII. EXEMPTION FROM FINANCIAL CONTROL
Financial activities of the Organization shall not be subject to control by central or local authorities of the host State.
ARTICLE IX. COMMUNICATIONS BENEFITS
The Organization shall enjoy on the territory of each member State of the Organization no less favourable conditions in relation to priority, tariffs, and rates for the use of postal, telegraph, and telephone services than those enjoyed in these States by diplomatic missions.
ARTICLE X. PRINTED MATTERS
The Organization shall, subject to the laws effective in the host State of the Organization and the Organization’s goals and functions, have the right to publish and distribute printed matter as provided for in the constituent instruments of the Organization or resolutions of its competent representative body.
REPRESENTATIVES OF STATES
ARTICLE XI. PRIVILEGES AND IMMUNITIES
Representatives of States shall enjoy
immunity from personal arrest or detention as well as from the jurisdiction of judicial and administrative institutions in respect of any acts they may perform in their capacity as representatives;
inviolability of official correspondence and documents;
exemption from customs duties and charges (except for warehouse and transportation charges) on articles destined for personal use or official use by delegations of States;
exemption from customs inspection of personal baggage in the absence of serious reasons to assume that such baggage contains articles prohibited for import or export or if their import or export is regulated by quarantine rules of a concerned State Party to this Convention;
exemption from direct taxes and dues in respect of their salaries paid by the sending State;
exemption from personal services.
The provisions of subparagraphs e) and f) in paragraph 1 of this Article shall apply to members of the family of a representative accompanying such representative unless they are citizens of a concerned State Party to this Convention or unless they are permanent residents of such State.
The representatives of States in the principal representative body of the Organization shall, in addition to the privileges and immunities under paragraph 1 of this Article, enjoy privileges and immunities granted to diplomatic representatives in the State concerned.
The provisions of paragraphs 1 and 3 of this Article shall not apply to the relations between organs of a State and representatives of this State.
ARTICLE XII. WAIVER OF IMMUNITY
The privileges and immunities provided for in Article XI of the present Convention shall be granted to the persons concerned exclusively in official interests. Each State may waive the immunity of its representative in all cases when, in the opinion of this State, such immunity obstructs the course of justice and can be renounced without detriment to the purposes for which it was granted.
ARTICLE XIII. PRIVILEGES AND IMMUNITIES
shall not be subject to judicial or administrative jurisdiction in respect of any acts which they may perform in their capacity as officers;
shall be exempt from personal services;
shall be exempt from direct taxes and dues in respect to their salaries or other reimbursement paid by the Organization;
shall be exempt from customs duties and charges (except for warehouse or transportation charges) on articles destined for personal use, including articles intended
for their establishment on the first entry in the country which is the seat of the Organization or its bodies, and from obtaining permission to export such articles on their departure from the country concerned. Articles imported by officers may be alienated in the countries which are the seat of the Organization or its bodies in accordance with the procedures established in these countries.
The provisions of subparagraphs b) and d) in paragraph 1 of this Article shall apply to members of the family of an officer forming part of his/her household unless they are citizens of the countries which are the seat of the Organization or its bodies, or have their permanent residence in these countries.
The chief officer of the Organization shall, in addition to the privileges and immunities under paragraph 1 of this Article, enjoy privileges and immunities granted to diplomatic representatives in the State concerned.
The provisions of subparagraphs b), c), and d) in paragraph 1 of this Article shall not apply to the relations between officers and organs of the State of which they are citizens or in which they have their permanent residence.
ARTICLE XIV. WAIVER OF IMMUNITY
The privileges and immunities envisaged in Article XIII of the present Convention shall be granted to officers exclusively for the purposes of the Organization and for the sake of independent performance of their official functions. The chief officer of the Organization shall have the right and the obligation to waive the immunity granted to any officer of the Organization in cases when, in his opinion, immunity obstructs the course of justice and can be renounced without detriment to the interests of the Organization. In relation to the chief officer of the Organization, the corresponding right shall be with the representative body that appointed such chief officer.
ARTICLE XV. ASSISTANCE TO REPRESENTATIVES OF STATES AND OFFICERS
Any State Party to this Convention shall accord to representatives of States in the bodies of the Organization, delegations of States at meetings of the bodies of the Organization or other meetings and conferences convened by the Organization as well as officers necessary facilities for the performance of their functions. Specifically, a host State shall assist in providing such individuals with official and living premises, medical care and other social and municipal services in accordance with the procedure established in this State.
The provisions of paragraph 1 of this Article shall not apply to representatives of States or officers who are citizens of a host State or permanently reside in this State.
ARTICLE XVI. RESPECT FOR LAWS OF STATES
The Organization and persons who enjoy the privileges and immunities provided for in this Convention shall respect the laws of any State Party hereto on whose territory they are located.
ARTICLE XVII. SIGNING OF THE CONVENTION
This Convention shall be open for signature until 31 December 1981.
ARTICLE XVIII. ACCESSION
After the date specified in Article XVII, this Convention shall be open for accession by any State. Instruments of accession shall be deposited with the depositary.
ARTICLE XIX. RATIFICATION
This Convention shall be subject to ratification. Instruments of ratification shall be deposited with the depositary.
ARTICLE XX. ENTRY INTO FORCE
This Convention shall enter into force on the sixtieth day after the sixth instrument of ratification or accession is deposited.
For each State depositing its instrument of ratification or accession after the sixth instrument of ratification or accession had been deposited, this Convention shall take effect on the sixtieth day after such State deposits its instrument of ratification or accession.
ARTICLE XXI. AMENDMENTS
This Convention may only be amended if agreed by all States Parties hereto. Amendments may be proposed by any State Party hereto. Such proposals shall be presented to the depositary.
Any amendments hereto shall be subject to ratification and shall enter into force after the last instrument of ratification by the States Parties to this Convention is deposited with the depositary.
ARTICLE XXII. EFFECTIVE TERM
The present Convention shall remain in force for an indefinite period.
ARTICLE XXIII. DENUNCIATION
Any State may denounce this Convention by giving notice thereof to the depositary.
Denunciation shall take effect twelve months after receipt of such notice by the depositary.
In the event that the obligation to grant the Organization immunities and privileges specified herein is assumed by member States of such Organization, proceeding from its constituent instruments or resolutions, denunciation hereof shall not affect the effect of such obligation.
ARTICLE XXIV. DEPOSITARY
The original of this Convention shall be deposited with the Secretariat of the Council for Mutual Economic Assistance, which shall act as the depositary hereof.
Done at Budapest on 5 December 1980 in the Russian language without copies.
By the authorization of the Government Hungarian People's Republic
By the authorization of the Government Socialist Republic of Vietnam
Nguyen Xuan Chang
By the authorization of the Government German Democratic Republic
By the authorization of the Government Republic of Cuba
By the authorization of the Government Mongolian People's Republic
By the authorization of the Government Polish People's Republic
By the authorization of the Government Union of Soviet Socialist Republics
Authorized by the Government Czechoslovak Socialist Republic
The Convention was signed on behalf of the USSR on December 5, 1980 and ratified by the Presidium of the Supreme Soviet of the USSR on June 29, 1981.
The USSR ratification document was deposited with the CMEA Secretariat on July 8, 1981.
In accordance with Article XX of the Convention, it entered into force for the USSR on July 17, 1982.