Partijen en gegevens

The Government of the Federal Republic of Germany, while accepting the agreement of the Agency's privileges and immunities by depositing the necessary document, emphasises the fact that it reserves, with reference to Article VI, Section 18 (a) (ii) of said Agreement, the right to tax citizens of the Federal Republic of Germany inasmuch as this right has not been renounced by double taxation treaties.

Locally recruited personnel who are considered as officials of the Agency under the Agreement shall not enjoy the privileges and immunities set forth in paragraphs (ii), (iii), (iv), (v) and (vi) of Section 18, and Section 19.

Notwithstanding Sections 20 and 32, the Danish Government reserve the right to apply the Danish legislation concerning duties and excise taxes to Danish citizens, and to other persons insofar as they conduct private business in Denmark.

the Concessions and Privileges conferred by the Agreement on the employees of the Agency should not be admissible to the Pakistani nationals serving on the staff of the Agency in Pakistan.

… that the concessions and privileges conferred by the Agreement on the employees of the Agency, other than those which also follow from Article XV of the Statute, such as immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity, should not be admissible to the Pakistani nationals serving on the staff of the Agency in Pakistan.

.... with the reservation that the concessions and privileges conferred by the Agreement on the employees of the Agency, other than those which also follow from Article XV of the Statute, such as immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity, should not be admissible to the Pakistani nationals serving on the staff of the Agency in Pakistan.

Acting upon instructions from my Government I have the honour, upon depositing the instrument of acceptance of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency on behalf of the Kingdom of the Netherlands, to state that, for the purpose of the implementation of the Agreement, the term ‘country’ in Article III, Sections 6 (b) and 8 (b) and in Article VI, Section 18 (a) (vi) shall be understood to mean ‘any of the individual countries of the Kingdom (viz. the Netherlands, Surinam and the Netherlands Antilles)’.

In Article VIII, Section 27, the term ‘country’ shall, however, be understood to mean ‘the Kingdom of the Netherlands’.

In accordance with Article XII, Section 38 of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency, approved by the Board of Governors at Vienna on 1 July 1959, the Government of the Kingdom of Belgium declares that it excludes from the application of the said Agreement the provisions contained in the last sentence ofArticle VI, Section 20.

.... exemption from liability for any taxes or duties imposed by any law in Canada should not extend to a Canadian citizen residing or ordinarily resident in Canada.

The Union of Soviet Socialist Republics does not consider itself bound by the provisions of Sections 26 and 34 of the Agreement, under which there is an obligation to submit to the jurisdiction of the International Court of Justice. With regard to the question of referring to the International Court of Justice differences arising out of the interpretation or application of the Agreement, the USSR adheres as before to the position that the consent of all parties involved in a dispute must be obtained in each individual case before that dispute can be referred to the International Court of Justice. This reservation applies equally to the provision in Section 34 that the opinion given by the Court shall be accepted as decisive.

The Ukrainian Soviet Socialist Republic does not consider itself bound by the provisions of Sections 26 and 34 of the Agreement, under which there is an obligation to refer to the International Court of Justice all disputes arising out of the interpretation or application of the Agreement. With regard to the question of the Court's Jurisdiction in respect of such disputes, the Ukrainian SSR continues to take the view that the consent of all parties involved in a dispute must be obtained in each individual case before that dispute can be referred to the International Court of Justice. This reservation applies equally to the provision in Section 34 that the advisory opinion given by the Court shall be accepted by the parties as decisive.

The Byelorussian Soviet Socialist Republic does not consider itself bound by the provisions of Sections 26 and 34 of the Agreement, under which there is an obligation to submit to the jurisdiction of the International Court of Justice. With regard to the question of referring to the International Court of Justice differences arising out of the interpretation or application of the Agreement, the Byelorussian SSR adheres as before to the position that the consent of all parties involved in a dispute must be obtained in each individual case before that dispute can be referred to the International Court of Justice. This reservation applies equally to the provision in Section 34 that the opinion given by the Court shall be accepted as decisive.

The Hungarian People's Republic accepts Sections 26 and 34 of the Agreement with the reservation that disputes regarding the interpretation and application of the Agreement shall be referred to the International Court of Justice only with the consent of all parties involved in the given dispute. The Hungarian People's Republic makes a reservation also with regard to the provision in Section 34 making the advisory opinion of the Court decisive in certain cases.

The People's Republic of Bulgaria does not consider itself bound by the provisions of Section 26 of the Agreement. The People's Republic of Bulgaria considers that a dispute on the interpretation and application of the Agreement may be referred to the International Court of Justice only after the parties to the dispute have given their consent in respect of each individual case. This reservation applies equally to Section 34, which states that the opinion of the Court shall be accepted as decisive by the parties.

With regard to Article VI, Section 19, second paragraph, Switzerland reserves the right not to grant the deferments in call-up requested by the Agency, it being understood however that such requests will receive sympathetic consideration on the part of the competent Federal authorities.

The Council of State declares, in accordance with Section 38, second paragraph, of the Agreement, that the Socialist Republic of Romania does not consider itself bound by the provisions of Section 34 and by the provisions of Section 26 to the extent that the latter refer to Section 34. The position of the Socialist Republic of Romania is that differences arising from the interpretation or application of the Agreement may be referred to the International Court of Justice only with the consent, in each individual case, of all parties involved in a dispute.

Article II, Section 2(b):

The capacity of the International Atomic Energy Agency to acquire and dispose of immovable property shall be exercised with due regard to national laws and regulations.

Article X, Section 34:

With regard to the competence of the International Court of Justice in disputes concerning the interpretation or application of the Convention, the Government of Indonesia reserves the right to maintain that in every individual case the agreement of the parties to the dispute is required before the Court for a ruling.

Article VI, Section 18:

The concessions and privileges conferred by the Agreement on the employees of the Agency, other than those which also follow from Article XV of the Statute, such as immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity, should not be admissible to the Indonesian Nationals serving on the staff of the Agency in Indonesia.

In accordance with the provisions of Article XII, Section 38 of the Agreement, Luxembourg excludes from application the last sentence of Article VI, Section 20.

.... officials of the Agency, who are Singapore citizens shall not enjoy exemption from taxation on salaries and emoluments paid to them by the Agency.

The IAEA shall take due account of the national laws and regulations in acquiring and possessing immovable property in Morocco;

The privileges and immunities recognized under the Agreement shall not be extended to the officials of the IAEA who are Moroccan nationals serving in Morocco;

In the case of disputes, any recourse to the International Court of Justice shall be based on the consent of all the parties concerned.

With regard to the postponement of national service of Turkish nationals who will be recruited by the International Atomic Energy Agency with reference to Section 19 of the said Agreement, relevant Turkish legislation shall be applied.

The officials of Turkish nationality who will be missioned in Turkey by the International Atomic Energy Agency, shall be subject to the taxes levied on Turkish nationals. They shall, in accordance with the provisions of part 4, Section 2 of Income Tax Law No. 5421, inform their wages by means of annual declarations.

The Republic of Cuba does not consider itself bound by the provisions of Sections 26 and 34 of Articles VIII and X of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency under which the International Court of Justice shall have obligatory jurisdiction in differences which may arise out of the Interpretation or application of the Agreement. With regard to the competence of the International Court of Justice on such matters, Cuba holds that for a difference to be referred to the Court for settlement the consent of all parties involved must be obtained in each particular case.

The privileges and immunities recognized under this agreement shall not be extended to the officials of the IAEA who are Jordanian nationals if their station is in Jordan itself.

.... it has reservations on Sections 26 and 34, which stipulate that differences shall be referred to the International Court of Justice and the opinion given by the Court shall be accepted as decisive by the parties to the difference.

A Note explaining the reservations reads as follows:

The reservations referred to in the said instrument are not intended on the entire provisions of Section 26 of the Agreement, but only on those provisions regarding the reference of differences to the International Court of Justice and the decisiveness of opinions of the Court.

Until the full re-establishment of the territorial integrity of the Republic of Moldova, the provisions of the Agreement will be applied only on the territory controlled effectively by the authorities of the Republic of Moldova.

In accordance with the text of Article XII. Section 38 of the Agreement, the Sultanate of Oman expresses its reservation in respect of the following Sections:

Article II. Section 2 (b):

The Agency shall take into consideration the national laws and legal regulations relating to the acquisition and disposal of any immovable property in the Sultanate of Oman.

Article VI. Section 18:

The privileges and immunities in this Section are not applicable to officials of the Agency who have Omani citizenship during the performance of their work in the Sultanate of Oman.

Article X. Section 34:

The Sultanate of Oman is not bound by the established modes for solving and settling disputes, provided for in this Section. There shall be no referral to the International Court of Justice for any case of dispute without the consent of all the parties in the dispute.

… does not consider itself bound by the provisions of Section 26 and 34 of the Agreement, which assume the obligatory jurisdiction of the International Court of Justice with regard to differences arising out of the interpretation or application of the Agreement; as regards the competence of the International Court of Justice in respect to such differences, the [Czech Republic] holds the view that, for a specific difference to be referred for settlement to the International Court of Justice, the consent of all parties thereto must be obtained in each individual case. This reservation also refers to the provisions of Section 34, according to which the parties shall accept as decisive the opinion given by the International Court of Justice.

…I now have the honour to inform you that the Government of the United Kingdom desire to withdraw in part Reservation (1) to the said Acceptance.

The revised Reservation should read:

‘The Government of the United Kingdom do not undertake to grant to any person who is a citizen of the United Kingdom and Colonies any privileges or immunities under:

Section 18 (a) (iii), (v) and (vi);

Section 18 (b) — to the extent that that paragraph entails the grant of the privileges and immunities referred to in Section 23 (a) and (f); Section 20; or Section 23 (a) and (f).’

I have further to inform you that the Government of the United Kingdom desire to withdraw Reservation (3) to their Acceptance, except that, in its application to the Federation of Rhodesia and Nyasaland, Reservation (1) to the said Acceptance shall read as if the words ‘or a citizen of the Federation of Rhodesia and Nyasaland’ were included after the words ‘any person who is a citizen of the United Kingdom and Colonies’ and that, in its application to the State of Singapore, Reservation (1) to the said Acceρtance shall read as if the words ‘or a citizen of the State of Singapore’ were included after the words ‘any person who is a citizen of the United Kingdom and Colonies’.

‘… I have now the honour to inform you that, following the dissolution of the Federation of Rhodesia and Nyasaland and having regard to the fact that the Government of the United Kingdom are no longer responsible for the international relations of the State of Singapore, the Government of the United Kingdom desire further to amend Reservation (1) to the said Acceptance.

The revised Reservation should read:

‘The Government of the United Kingdom do not undertake to grant to any person who is a citizen of the United Kingdom and Colonies, or, in the application of the Agreement to Southern Rhodesia, to any person who is a citizen of the United Kingdom and Colonies or a citizen of Southern Rhodesia, any privileges and immunities under:

… with the reservation in respect of Sections 26 and 34 of the Agreement that disputes regarding the interpretation and application of the Agreement shall be referred to the International Court of Justice only with the consent of all parties insolved in a given dispute. The Polish People's Republic also reserves the right not to accept as decisive the advisory opinion of the International Court of Justice; …

As regards the application of the Agreement to West Berlin, the German Democratic Republic maintains, in accordance with the Quadripartite Agreement of 3 September 1971 between the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, the United States of America and the French Republic, that West Berlin is not a part of the Federal Republic of Germany and may not be governed by it. The declaration of the Federal Republic of Germany to the effect that the Agreement on the Privileges and Immunities of the International Atomic Energy Agency should apply also to West Berlin conflicts with the Quadripartite Agreement, in which it is established that treaties concerning questions of security and status may not be extended to West Berlin by the Federal Republic of Germany.

The Permanent Mission of the Federal Republic of Germany to the International Organizations in Vienna presents its compliments to the Director General of the International General's circular note No. L/230-A of 3 December 1974 regarding the deposit by the German Democratic Republic of an instrument of acceptance to the Agreement on the Privileges and Immunities of the International Atomic Energy Agency.

With regard to this note the Permanent Mission has the honour to communicate the following:

By the Note Verbale of 5 August 1975 from the Permanent Mission of the United Kingdom of Great Britain and Northern Ireland to the International Atomic Energy Agency, disseminated by the Director General's circular note L/230-A of 17 September 1975, the Governments of the United Kingdom, France and the United States of America answered the assertions made in the declaration contained in the communication referred to above. The Government of the Federal Republic of Germany, on the basis of the legal situation set out in the note of the Three Powers, wishes to confirm that the application in Berlin (West) of the above-mentioned Agreement, extended by it under the established procedures, continues in full force and effect.

The Government of the Federal Republic of Germany wishes to point out that the absence of a resonse to any further communications of a similar nature should not be taken to imply any change of its position on this matter.

The Permanent Mission of the Federal Republic of Germany would be grateful if the foregoing could be communicated to all members of the International Atomic Energy who received the Director General's circular note NO. L/230-A containing the GDR declaration under reference.

… with the reservation that the officials of the Agency to be accorded privileges and immunities according to this Agreement who are of Thai nationality shall not be immune from national service obligation.

Upon acceptance:

With regard to the provisions of Article X, Section 34, the Government of the Republic of El Salvador states that it does not recognize the mandatory jurisdiction of the International Court of Justice.

(Original: Spanish)