Einde inhoudsopgave
Agreement between the Kingdom of the Netherlands and the United Nations concerning the Headquarters of the Special Tribunal for Lebanon
Article 18 Privileges, immunities and facilities of staff
Geldend
Geldend vanaf 01-04-2009
- Bronpublicatie:
21-12-2007, Trb. 2007, 228 (uitgifte: 21-12-2007, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-04-2009
- Bronpublicatie inwerkingtreding:
14-04-2009, Trb. 2009, 55 (uitgifte: 01-01-2009, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Rechtshandhaving
Internationaal publiekrecht / Diplomatiek en consulair recht
Internationaal strafrecht / Internationale tribunalen
1.
Staff shall enjoy such privileges, immunities and facilities as are necessary for the independent performance of their functions. They shall be accorded:
- a)
immunity from personal arrest or detention or any other restriction of their liberty and from inspection or seizure of their official baggage;
- b)
immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in their official capacity, which immunity shall continue to be accorded even after termination of their employment with the Tribunal;
- c)
inviolability of all official papers, documents in whatever form and materials;
- d)
exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with the Tribunal;
- e)
exemption from national service obligations;
- f)
together with members of their family forming part of their household, exemption from immigration restrictions and alien registration;
- g)
the same privileges in respect of currency and exchange facilities as are accorded to the officials of comparable rank of diplomatic missions established in the host State;
- h)
together with members of their family forming part of their household, the same repatriation facilities in time of international crisis as are accorded to diplomatic agents under the Vienna Convention;
- i)
the right to import free of duties and taxes, except payments for services, their furniture and effects at the time of first taking up their post in the host State, and to re-export their furniture and effects free of duties and taxes to their country of permanent residence.
2.
In addition to the privileges, immunities and facilities listed in paragraph 1 of this article, staff of a rank comparable to the United Nations P-5 level and above, together with members of their family forming part of their household who are not nationals or permanent residents of the host State, shall be accorded the same privileges, immunities and facilities as the host State accords to diplomatic agents of comparable rank of the diplomatic missions established in the host State in conformity with the Vienna Convention.
3.
In addition to the privileges, immunities and facilities listed in paragraph 1 of this article, staff of a rank comparable to the United Nations P-4 level and below, together with members of their family forming part of their household who are not nationals or permanent residents of the host State, shall be accorded by the host State the same privileges, immunities and facilities as the host State accords to members of the administrative and technical staff of diplomatic missions established in the host State, in conformity with the Vienna Convention, provided that the immunity from criminal jurisdiction and personal inviolability shall not extend to acts performed outside the course of their official duties.
4.
Where the incidence of any form of taxation depends upon residence, periods during which the staff are present in the host State for the discharge of their functions shall not be considered as periods of residence.
5.
The host State shall not be obliged to exempt from income tax pensions or annuities paid to former staff and the members of their family forming part of their household.
6.
Without prejudice to paragraph 4 of this article, persons referred to in this article who are nationals or permanent residents of the host State shall enjoy only the following privileges, immunities and facilities to the extent necessary for the independent performance of their functions:
- a)
immunity from personal arrest or detention or any other restriction of their liberty;
- b)
immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in the performance of their functions for the Tribunal, which immunity shall continue to be accorded even after they have ceased to perform their functions for the Tribunal;
- c)
inviolability of all papers, documents in whatever form and materials relating to the performance of their functions for the Tribunal;
- d)
exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with the Tribunal;
- e)
for the purposes of their communications with the Tribunal the right to receive and send papers in whatever form;
- f)
the right to import free of duties and taxes, except payments for services, their furniture and effects at the time of first taking up their post in the host State.
7.
Persons referred to in paragraph 6 of this article shall not be subjected by the host State to any measure which may affect the free and independent performance of their functions before the Tribunal.