Agreement on the Privileges and Immunities of the International Tribunal for the Law of the Sea:artikel 16

Agreement on the Privileges and Immunities of the International Tribunal for the Law of the Sea

Article 16 Agents, counsel and advocates

Geldend

Documentgegevens:

Geldend vanaf 30-12-2001

Bronpublicatie:: 23-05-1997, Trb. 1998, 246 (uitgifte: 06-11-1998, kamerstukken/regelingnummer: -)
Inwerkingtreding: 30-12-2001
Bronpublicatie inwerkingtreding:: 31-01-2002, Trb. 2002, 22 (uitgifte: 01-01-2002, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal publiekrecht / Diplomatiek en consulair recht

1.

Agents, counsel and advocates before the Tribunal shall be accorded, during the period of their missions, including the time spent on journeys in connection with their missions, the privileges, immunities and facilities necessary for the independent exercise of their functions. In particular, they shall be accorded:

a): immunity from personal arrest or detention and from seizure of their personal baggage;
b): exemption from inspection of personal baggage, unless there are serious grounds for believing that the baggage contains articles not for personal use or articles the import or export of which is prohibited by law or controlled by the quarantine regulations of the State Party concerned; an inspection in such a case shall be conducted in the presence of the agent, counsel or advocate concerned;
c): immunity from legal process in respect of words spoken or written and all acts done by them in discharging their functions, which immunity shall continue even after they have ceased to exercise their functions;
d): inviolability of documents and papers;
e): the right to receive papers or correspondence by courier or in sealed bags;
f): exemption from immigration restrictions or alien registration;
g): the same facilities in respect of their personal baggage and in respect of currency or exchange restrictions as are accorded to representatives of foreign Governments on temporary official missions;
h): the same repatriation facilities in time of international crises as are accorded to diplomatic agents under the Vienna Convention.

2.

Upon receipt of notification from parties to proceedings before the Tribunal as to the appointment of an agent, counsel or advocate, a certification of the status of such representative shall be provided under the signature of the Registrar and limited to a period reasonably required for the proceedings.

3.

The competent authorities of the State concerned shall accord the privileges, immunities and facilities provided for in this article upon production of the certification referred to in paragraph 2.

4.

Where the incidence of any form of taxation depends upon residence, periods during which such agents, counsel or advocates are present in a State for the discharge of their functions shall not be considered as periods of residence.