Convention Establishing a Customs Co-operation Council:Annex Legal capacity, privileges and immunities of the Council

Convention Establishing a Customs Co-operation Council

Annex Legal capacity, privileges and immunities of the Council

Geldend

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Article I. Definitions

Section 1

In this Annex:

(i)

For the purposes of Article III, the words ‘property and assets’ shall also include property and funds administered by the Council in furtherance of its constitutional functions;

(ii)

For the purposes of Article V, the expression ‘representatives of Members’ shall be deemed to include all representatives, alternates, advisers, technical experts and secretaries of delegations.

Article II. Juridical personality

Section 2

The Council shall possess juridical personality. It shall have the capacity:

(a)

to contract,

(b)

to acquire and dispose of immovable and movable property,

(c)

to institute legal proceedings.

In these matters the Secretary General shall act on behalf of the Council.

Article III. Property, funds and assets

Section 3

The Council, its property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except in so far as in any particular case it has expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution.

Section 4

The premises of the Council shall be inviolable.

The property and assets of the Council, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.

Section 5

The archives of the Council and in general all documents belonging to it or held by it, shall be inviolable, wherever located.

Section 6

Without being restricted by financial controls, regulations or moratoria of any kind:

(a)

the Council may hold currency of any kind and operate accounts in any currency;

(b)

the Council may freely transfer its funds from one country to another or within any country and convert any currency held by it into any other currency.

Section 7

The Council shall, in exercising its rights under section 6 above, pay due regard to any representations made by any of its Members and shall give effect to such representations in so far as it considers that this can be done without detriment to the interests of the Council.

Section 8

The Council, its assets, income and other property shall be:

(a)

exempt from all direct taxes; it is understood, however, that the Council will not claim exemption from taxes which are, in fact, no more than charges for public utility services;

(b)

exempt from customs duties and prohibitions and restrictions on imports and exports in respect of articles imported or exported by the Council for its official use; it is understood, however, that articles imported under such exemption will not be sold in the country into which they are imported, except under conditions agreed by the Government of that country;

(c)

exempt from all customs duties and prohibitions and restriction on imports and exports in respect of its publications.

Section 9

While the Council will not, as a general rule, claim exemption from excise duties and from taxes on the sale of movable and immovable property which form part of the price to be paid, nevertheless when the Council is making important purchases for official use of property on which such duties and taxes have be encharged or are chargeable, Members of the Council will, whenever possible, make appropriate administrative arrangements for the remission or return of the amount of duty or tax.

Article IV. Facilities in respect of communications

Section 10

The Council shall enjoy, in the territory of each of its Members, for its official communications, treatment not less favourable than that accorded by that Member to any other Government including the latter's diplomatic mission, in the matter of priorities, rates and taxes on mails, cables, telegrams, radiograms, telephotos, telephone and other communications, and press rates for information to the press and radio.

Section 11

No censorship shall be applied to the official correspondence and other official communications of the Council.

Nothing in this section shall be construed to preclude the adoption of appropriate security precautions to be determined by agreement between the Council and any of its Members.

Article V. Representatives of Members

Section 12

Representatives of Members at meetings of the Council, the Permanent Technical Committee and committees of the Council shall, while exercising their functions and during their journeys to and from the place of meeting, enjoy the following privileges and immunities:

(a)

immunity from personal arrest or detention and from seizure of their personal baggage, and in respect of words spoken or written and all acts done by them in their official capacity, immunity from legal process of every kind;

(b)

inviolability for all papers and documents;

c)

the right to use codes and to receive papers or correspondence by courier or in sealed bags;

(d)

exemption in respect of themselves and their spouses from immigration restrictions or aliens’ registration in the State which they are visiting or through which they are passing in the exercise of their functions;

(e)

the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign Governments on temporary official missions;

(f)

the same immunities and facilities in respect of their personal baggage as are accorded to members of comparable rank

of diplomatic missions.

Section 13

In order to secure for the representatives of Members at meetings of the Council, the Permanent Technical Committee and committees of the Council complete freedom of speech and complete independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer engaged in the discharge of such duties.

Section 14

Privileges and immunities are accorded to the representatives of Members, not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connexion with the Council. Consequently, a Member not only has the right but is under a duty to waive the immunity of its representatives in any case where, in the opinion of the Member, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded.

Section 15

The provisions of sections 12 and 13 are not applicable in relation to the authorities of a State of which the person is a national or of which he is or has been a representative.

Article VI. Officials of the Council

Section 16

The Council will specify the categories of officials to which this Article shall apply. The Secretary General shall communicate to the Members of the Council the names of the officials included in these categories.

Section 17

Officials of the Council shall:

(a)

be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity and within the limits of their authority;

(b)

be exempt from taxation in respect of the salaries and emoluments paid to them by the Council;

(c)

be immune, together with their spouses and relatives dependent on them, from immigration restrictions and alien registration;

(d)

be accorded the same privileges in respect of exchange facilities as are accorded to officials of comparable rank of diplomatic missons;

(e)

be given, together with their spouses and relatives dependent on them, the same repatriation facilities in time of international crises as officials of comparable rank of diplomatic missions;

(f)

have the right to import free of duty their furniture and effects at the time of first taking up their post in the country in question, and to return such furniture and effects free of duty to their country of domicile on the termination of their functions.

Section 18

In addition to the privileges and immunities specified in section 17, the Secretary General of the Council shall be accorded in respect of himself, his spouse and children under the age of 21, the privileges, immunities, exemptions and facilities accorded to heads of diplomatic missions in conformity with international law.

The Deputy Secretary General shall enjoy the privileges, immunities, exemptions and facilities accorded to diplomatic representatives of comparable rank.

Section 19

Privileges and immunities are granted to officials in the interests of the Council only and not for the personal benefit of the individuals themselves. The Secretary General shall have the right and the duty to waive the immunity of any official in any case where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the Council. In the case of the Secretary General, the Council shall have the right to waive the immunity.

Article VII. Experts on Missions for the Council

Section 20

Experts (other than officials coming within the scope of Article VI) performing missions for the Council, shall be accorded such privileges, immunities and facilities as are necessary for the independent exercise of their functions during the period of their missions, including the time spent on journeys in connection with their missions. In particular they shall be accorded:

(a)

immunity from personal arrest or detention and from seizure of their baggage;

(b)

in respect of words spoken or written or things done by them in the performance of their mission and within the limits of their authority, immunity from legal process of every kind;

(c)

inviolability for all papers and documents.

Section 21

Privileges, immunities and facilities are granted to experts in the interests of the Council and not for the personal benefit of the individual concerned. The Secretary General shall have the right and the duty to waive the immunity of any expert in any case where, in his opinion, the immunity would impede the course of justice and it can be waived without prejudice to the interests of the Council.

Article VIII. Abuses of privileges

Section 22

Representatives of Members at meetings of the Council, the Permanent Technical Committee and committees of the Council, while exercising their functions and during their journeys to and from the place of meeting, and officials within the meaning of section 16 and section 20, shall not be required by the territorial authorities to leave the country in which they are performing their functions on account of any activities by them in their official capacity. In the case, however, of abuse of privileges of residence committed by any such person in activities in that country outiside his official functions, he may be required to leave by the Government of that country provided that:

(i)

Representatives of Members of the Council, or persons who are entitled to diplomatic immunity under section 18, shall not be required to leave the country otherwise than in accordance with the diplomatic procedure applicable to diplomatic envoys accredited to that country.

(ii)

In the case of an official to whom section 18 is not applicable, no order to leave the country shall be issued other than with the approval of the Foreign Minister of the country in question, and such approval shall be given only after consultation with the Secretary General of the Council; and if expulsion, proceedings are taken against an official, the Secretary General of the Council shall have the right to appear in such proceedings on behalf of the person against whom they are instituted.

Section 23

The Secretary General shall co-operate at all times with the appropriate authorities of Members of the Council to facilitate the proper administration of justice, secure the observance of police regulations and prevent the occurence of any abuses in connexion with the privileges, immunities and facilities enumerated in the present Annex.

Article IX. Settlement of disputes

Section 24

The Council shall make provision for appropriate modes of settlement of:

(a)

disputes arising out of contracts or other disputes of a private character to which the Council is a party;

(b)

disputes involving any official of the Council who by reason of his official position enjoys immunity, if immunity has not been waived in accordance with the provisions of sections 19 and 21.

Article X. Supplementary agreements

Section 25

The Council may conclude with any Contracting Party or Contracting Parties supplementary agreements adjusting the provisions of the present Annex so far as that Contracting Party or those Contracting Parties are concerned.

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