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On the ratification of the Convention on the Privileges and Immunities of Specialized Agencies

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On the ratification of the Convention on the Privileges and Immunities of Specialized Agencies

The Law of the Republic of Kazakhstan dated May 21, 2020 No. 331-VI SAM.

      To ratify the Convention on the Privileges and Immunities of Specialized Agencies, adopted in New York on November 21, 1947, with the following reservation and declaration to the Convention:

      1. The privileges and immunities specified in subparagraphs (c), (d) and (e) of section 19 of article VI of the Convention will not apply to citizens of the Republic of Kazakhstan.

      2. The Republic of Kazakhstan, in accordance with subparagraphs (b) and (c) of section 9 of Article III of the Convention, declares that the term "customs duties" means all types of customs duties for which exemption is granted in accordance with the legislation applicable in the Republic of Kazakhstan.

     President of the Republic of Kazakhstan

K. TOKAEV

Convention on the Privileges and Immunities of Specialized Agencies

      Approved by the United Nations General Assembly on November 21, 1947

Final texts and revised texts of appendices

      (Approved by specialized agencies before April 1, 2003)

Convention on the Privileges and Immunities of Specialized Agencies  

Approved by the United Nations General Assembly on November 21, 1947

      Whereas, on 13 February 1946, the General Assembly of the United Nations adopted a resolution providing for the establishment, as far as possible, of uniformity in the privileges and immunities enjoyed by the United Nations and the various specialized agencies,

      Bearing in mind that consultations have already taken place between the United Nations and the specialized agencies on the implementation of the above-mentioned resolution,

      The General Assembly, by resolution 179 (II) adopted on November 21, 1947, approved the following Convention, which is proposed to the specialized agencies for adoption and to all Members of the United Nations and all other Member States of one or more specialized agencies for accession to it.  

Article I

Definitions and scope

Section 1

     In this Convention:

     (i) The expression "standard articles" refers to the provisions of articles II to IX.

     ii) The expression "specialized agencies" is applied to:

     (a) The International Labour Organization;

     (b) The Food and Agriculture Organization

     The United Nations;

     c) Educational, scientific and cultural organizations

     The United Nations;

     (d) The International Civil Aviation Organization;

     e) International Monetary Fund;

     (f) International Bank for Reconstruction and Development;

     g) The World Health Organization;

     h) To the Universal Postal Union;

     i) To the International Telecommunication Union; and

     (j) All other agencies associated with the United Nations in accordance with Articles 57 and 63 of the Charter.

      iii) The term "Convention", as applied to any specialized agency, means standard articles amended in accordance with the final (or revised) text of the annex submitted to these institutions in accordance with sections 36 and 38.

      iv) In article III, the expression "property and assets" also includes property and funds managed by specialized agencies in the performance of their functions provided for in their charters.

      v) In articles V and VII, the expression "representatives of members" includes representatives, alternates, advisers, technical experts and secretaries of delegations.

      vi) In sections 13, 14, 15 and 25, the expression "meetings convened by specialized agencies" means meetings: 1) their general meetings and executive bodies (regardless of their name), 2) commissions provided for in their charters, 3) conferences convened by them, and 4) any committees of these bodies.

     vii) The term "Chief Administrator" means the chief administrative officer of a given specialized institution, regardless of whether he is referred to as the "Director General" or otherwise.

Section 2

      Each State that has acceded to this Convention in respect of a specialized agency to which this Convention already applies in accordance with section 37 shall grant to that institution, or in connection with that institution, the privileges and immunities set forth in the standard articles, subject to the conditions provided for therein, subject to changes contained in the provisions of the final (or revised) the annex related to this institution and submitted in accordance with sections 36 and 38.

Article II

Legal status

Section 3

     Specialized institutions have the status of a legal entity. They have the legal capacity to (a) enter into contracts, (b) acquire and dispose of immovable and movable property, and (c) initiate legal proceedings.

Article III

Property, funds and assets

Section 4

     Specialized institutions with property and assets, wherever and by whomsoever located, enjoy immunity from any form of judicial interference, except in cases where they specifically waive immunity in any particular case. However, it is assumed that no waiver of immunity applies to enforcement measures.

Section 5

     The premises of specialized institutions are inviolable. The property and assets of specialized institutions, wherever and by whomsoever located, are not subject to search, requisition, confiscation, expropriation or any other form of interference, either through executive, administrative, judicial or legislative actions.

Section 6

     The archives of specialized institutions and, in general, all documents belonging to them or stored by them, are inviolable wherever they are located.

Section 7

     Without being limited by financial controls, regulations, or moratoriums of any kind,

     a) Specialized institutions may have funds, gold or currency of any kind and carry out transactions in any currency;

     b) Specialized agencies may freely transfer their funds, gold or currency from one country to another or within any country and convert any currency at their disposal into any other currency.

Section 8

     In exercising its rights under the preceding section 7, each specialized agency must take into account representations from the Government of any State that has acceded to this Convention, since it recognizes that such representations can be satisfied without prejudice to the interests of that institution.

Section 9

     Specialized institutions, their assets, income and other property:

     a) are exempt from all direct taxes; however, it is assumed that specialized agencies will not require exemption from taxes that are actually only payments for public services;

     b) are exempt from customs duties, import and export prohibitions and restrictions on the import or export by specialized agencies of items for official use. However, it is assumed that items imported under such exemptions will not be sold in the country to which they were imported, except on terms agreed with the Government of that country.;

     c) are exempt from customs duties and import and export prohibitions and restrictions on the import and export of their own publications.

Section 10

     Although specialized agencies, as a general rule, will not require exemption from excise duties and taxes included in the purchase price for the sale of movable and immovable property, nevertheless, in cases where specialized agencies purchase for official purposes a significant amount of property subject to or subject to such taxes and duties, the Parties to this Convention States will take appropriate administrative measures, whenever possible, to exempt them from paying duties or taxes or to refund the amount already paid.

Article IV

Means of communication

Section 11

     For its official communication, each specialized agency shall enjoy in the territory of each State that has acceded to the Convention no less favorable conditions than those provided by the Government of that State to any other Government, including the diplomatic missions of the latter, with respect to priority, tariffs and rates for mail, cables, telegrams, radiograms, telephoto, telephone and other means communications, as well as reduced rates for information transmitted by print and radio.

Section 12

     Official correspondence and other official communications of specialized agencies are not subject to censorship.

     Specialized agencies have the right to use a cipher and receive and send correspondence by couriers or bags, to which the same immunities and privileges apply as to diplomatic couriers and bags.

     Nothing in this section should be interpreted as a provision precluding the taking of appropriate precautionary measures, which will be determined by agreements between States that have acceded to the Convention and specialized agencies.

Article V

Representatives of members of specialized agencies

Section 13

     Representatives of members of specialized agencies at meetings convened by the latter, in the performance of their duties and when traveling to and from the meeting place, enjoy the following privileges and immunities:

(a) Immunity from personal arrest or detention and from seizure of personal baggage, as well as any kind of judicial procedural immunity in respect of anything said, written or committed by them as officials;

     b) the inviolability of all papers and documents;

     c) the right to use a cipher and receive papers or correspondence by couriers or bags;

     (d) The removal of themselves and their wives from restrictions on immigration, registration of foreigners and public service obligations in the country in which they are temporarily staying or through which they are passing in the performance of their duties;

     (e) The same benefits in respect of currency restrictions and money exchange restrictions as are provided to representatives of foreign Governments on temporary business trips;

     (f) The same immunities and facilities in respect of their personal baggage as are accorded to diplomatic representatives of the appropriate rank.

Section 14

     In order to ensure full freedom of speech and full independence in the performance of their duties, representatives of members of specialized agencies participating in meetings convened by the latter continue to be granted judicial and procedural immunity in respect of everything they have said or written, as well as in respect of all actions committed by them in the performance of their official duties, even after the aforementioned persons they cease to perform these duties.

Section 15

     When the imposition of any form of taxes depends on residence in a given country, the periods during which representatives of members of specialized agencies participating in meetings convened by these agencies are located within the Member State to perform their duties are not considered as periods of residence in that country.

Section 16

     Privileges and immunities are granted to representatives of members of specialized agencies not for the personal benefit of individuals, but in order to ensure that they independently perform their functions related to the work of specialized agencies. Therefore, a State that is a member of a specialized agency not only has the right, but also the obligation, to waive the immunity of its representatives in any case where, in its opinion, the immunity impedes the administration of justice and where the waiver does not prejudice the purpose for which the immunity was granted.

Section 17

      The provisions of sections 13, 14 and 15 do not apply to the authorities of the State of which the person is a national or of which he is or has been a representative.

Article VI

Officials

Section 18  

     Each specialized agency will determine the categories of officials to whom the provisions of this article and article VIII should apply. It shall submit this information to the Governments of all States that have acceded to this Convention as members of this institution and to the Secretary-General of the United Nations. The names of officials included in these categories are periodically brought to the attention of the above-mentioned Governments.

Section 19  

     Officials of specialized institutions:

     a) are not subject to judicial liability for what they have said or written and for all actions committed by them as officials;

     (b) Enjoy the same exemptions from taxation as salaries and emoluments paid to them by specialized agencies and under the same conditions as officials of the United Nations;

     c) are exempt, together with their wives and relatives who are dependent on them, from immigration restrictions and from registration of foreigners;

     (d) Enjoy the same privileges in respect of currency exchange as are granted to officials of the appropriate rank who are members of diplomatic missions;

     (e) Enjoy, together with their wives and relatives who are dependent on them, the same repatriation benefits enjoyed by officials of the appropriate rank who are members of diplomatic missions during international crises;

     f) have the right to import their furniture and property duty-free upon initial assumption of office in the relevant country.

Section 20

     Officials of specialized agencies are exempt from State duties, provided that in respect of the States of which they are nationals, such exemptions are enjoyed only by officials of specialized agencies whose names, due to their duties, are included in the lists compiled by the chief administrators of the relevant specialized agencies and approved by the respective Governments.

     In the case of conscription of other officials of specialized institutions to perform State duties, the relevant Government, at the request of the relevant specialized institution, shall grant such temporary postponement in respect of the conscription of these officials as is necessary to avoid interruption in the continuation of the main work of the institution.

Section 21

      In addition to the immunities and privileges specified in sections 19 and 20, the Chief Administrator and officials performing his duties in his absence enjoy, in respect of themselves, their wives and minor children, the privileges and immunities, exemptions and facilities granted under international law to diplomatic representatives.

Section 22

     Privileges and immunities are granted to officials only in the interests of specialized agencies, and not for their personal benefit. Each specialized agency has the right and is obliged to waive the immunity granted to any official in cases where, in his opinion, the immunity impedes the administration of justice and when the waiver of immunity can be made without prejudice to the interests of the specialized agency.

Section 23

     Each specialized agency shall cooperate at all times with the relevant authorities of the Member States in order to facilitate the proper administration of justice, ensure compliance with police regulations and prevent any abuse in connection with the privileges, immunities and facilities referred to in this article.

Article VII

Abuse of privileges

Section 24

      If a State that has acceded to this Convention finds that there has been an abuse of any privilege or immunity provided for in this Convention, consultations shall be conducted between that State and the relevant specialized agency in order to establish whether such abuse has occurred and to try to find methods to prevent the recurrence of such abuses. If the results of such consultations prove unsatisfactory for the State concerned and the relevant specialized agency, the question of whether privileges or immunities have been abused is referred to the International Court of Justice in accordance with section 32. If the International Court of Justice finds that such abuse has taken place, the State that has acceded to the Convention, which has declared the said abuse, has the right, upon notification to the relevant specialized agency, not to grant to this specialized agency the privileges or immunities that were the subject of abuse.

Section 25

      1. Representatives of members of specialized agencies at meetings convened by specialized agencies, in the performance of their duties and during trips to meeting places and return to their countries, as well as officials provided for in section 18, shall not be expelled at the request of the territorial authorities of the countries in which they perform their duties, because of any activity, carried out by them in the performance of their official duties. However, if such persons abuse their privileges in connection with their residence in a given country by acting in that country outside their official duties, the Government may require these persons to leave their country, provided that:

      2. (i) Representatives of members of specialized agencies or persons enjoying diplomatic immunity under section 21 shall be expelled from a given country only in accordance with the diplomatic procedure applicable to diplomatic representatives accredited in that country.;

     (ii) The expulsion of officials to whom the provisions of section 21 do not apply is ordered only upon approval by the Minister of Foreign Affairs of the country concerned, and this approval is carried out only after consultation with the Chief Administrator of the specialized agency concerned, and that, upon initiation of proceedings for the expulsion of an official, the Chief administrator of the specialized agency has the right to act as a representative of this person.

Article VIII

Passes

Section 26

     Officials of the specialized agencies shall be granted the right to use United Nations laissez-passer in accordance with administrative agreements to be concluded between the Secretary-General of the United Nations and the authorized authorities of the specialized agencies to whom the right to issue laissez-passer may be delegated. The Secretary-General of the United Nations shall notify all States that have acceded to the Convention of each agreement concluded for this purpose.

Section 27

     The States that have acceded to this Convention recognize and accept United Nations laissez-passer issued to officials of specialized agencies as legitimate documents for travel within their territories.

Section 28

Applications for visas, where required, from officials of specialized agencies holding United Nations passes are considered in a hurry when these applications are accompanied by certificates that these persons are traveling on the business of the specialized agencies. In addition, such persons are provided with benefits for fast movement.

Section 29

     The same benefits as those provided for in section 28 are granted to experts and other persons who do not have United Nations passes but are provided with certificates that they are traveling on the business of specialized agencies.

Section 30

     Chief Administrators, Assistant Chief Administrators, heads of departments and other officials of a rank not lower than the head of the Department of specialized agencies traveling with United Nations specialized agency passes enjoy the same travel privileges as are granted to diplomatic representatives of the appropriate rank.

Article IX

Dispute resolution

Section 31

     Each specialized agency establishes provisions for appropriate resolution methods.:

     (a) Disputes arising in connection with contracts or other disputes of a private nature to which the specialized agency is a party;

      (b) Disputes involving an official of the specialized agencies who, by virtue of his official position, enjoys immunity, unless that immunity has been waived in accordance with the provisions of section 22.

Section 32

     All disagreements arising from the interpretation or application of this Convention shall be referred to the International Court of Justice, except in cases where the parties agree to resolve the differences in another way. In the event of a disagreement between a specialized agency on the one hand and a Member State on the other, an advisory opinion is requested on any legal matter related to the disagreement, in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court and the relevant provisions of agreements concluded between the United Nations and the relevant specialized agencies. The conclusion of the Court is recognized by the parties as decisive.

Article X

Annexes and application of the Convention to individual specialized agencies

Section 33

      The standard articles shall apply to each specialized agency with the modifications specified in the final (or revised) text of the annex to this Convention relating to that institution, as provided for in sections 36 and 38.

Section 34

     In relation to any specialized institution, the provisions of the Convention should be interpreted in the light of the functions assigned to that institution by its constituent act.

Section 35

     The draft annexes I-IX1 are recommended for the specialized institutions indicated in them. In the event that a specialized agency is not specified in section 1, the Secretary-General of the United Nations shall forward to that agency the draft annex recommended by the Economic and Social Council.

Section 36

      The final text of each application is the one approved by the specialized agency in accordance with the procedure established by its charter. A copy of the annex approved by each specialized agency shall be transmitted by that agency to the Secretary-General of the United Nations and thereafter shall replace the draft referred to in section 35.

Section 37

      The application of this Convention to each specialized agency begins when the latter transmits to the Secretary-General of the United Nations the final text of the relevant annex and notifies him that it accepts the standard articles with the modifications specified in the annex and undertakes to implement the provisions of the sections. 8, 18, 22, 23, 24, 31, 32, 42 and 45 (with those amendments to section 32 that may be deemed necessary to harmonize the final text of the annex with the constituent act of this institution) and all the provisions of that annex, which imposes obligations on this institution. The Secretary-General shall transmit to all Members of the United Nations and other States that are members of the specialized agencies certified copies of all annexes transmitted to him under this section and revised annexes transmitted under section 38.

Section 38

      If any specialized agency, after submitting the final annex in accordance with section 36, approves any amendments to that annex in accordance with the procedure established by its statute, the revised annex shall be transmitted by that agency to the Secretary-General of the United Nations.

Section 39

     The provisions of this Convention in no way limit or infringe on the privileges and immunities that are granted or may later be granted by any State to any specialized institution, due to the location of the headquarters or regional office of that institution within the territory of that State. It is assumed that this Convention does not prevent the conclusion of additional agreements between the State that has acceded to the Convention and the specialized agency regulating the provisions of this Convention, extending or limiting the immunities and privileges granted by it.

Section 40

      It is expected that the standard articles, as amended in the final text of the annex transmitted by the specialized agency to the Secretary-General of the United Nations in accordance with section 36 (or any revised annex transmitted in accordance with section 38), will be consistent with the provisions of the constituent instrument of that institution in force at that time and that, if necessary, any amendment to Such an amendment will be made to this act in accordance with the procedure for the purposes of the said approval of the constituent act., established by the charter of the institution, before the transfer of the final text (or revised) application.

     The Convention itself is applied in such a way as not to nullify or detract from any provisions of the constituent acts of specialized agencies or any other rights and obligations that this specialized agency may have, acquire or assume.

Article XI

Final provisions

Section 41

      The Members of the United Nations and (subject to the provisions of section 42) the States members of the specialized agencies shall accede to this Convention by depositing an instrument of accession with the Secretary-General of the United Nations, which shall enter into force on the date of its deposit.

Section 42

     Each specialized agency concerned shall communicate the text of this Convention, together with the appropriate annexes, to those of its Members who are not Members of the United Nations and invite them to accede to the Convention as members of that institution by depositing with the Secretary-General of the United Nations or the Chief Administrator of the specialized agency an instrument of accession to this Convention as a member of that institution. institutions.

Section 43

     Each State which has acceded to this Convention shall indicate in its instrument of accession the specialized agency or institutions in respect of which it undertakes to apply the provisions of this Convention. Each State which has acceded to this Convention may subsequently, upon notification in writing to the Secretary-General of the United Nations, undertake to apply the provisions of this Convention to one or more other specialized agencies. The said written notification shall enter into force on the date of its receipt by the Secretary General.

Section 44

      This Convention shall enter into force in respect of each individual State that has acceded to this Convention as a member of a specialized agency when it is made applicable to that institution in accordance with section 37 and when that State has undertaken to apply the provisions of the Convention to that institution in accordance with section 43.

Section 45

      The Secretary-General of the United Nations shall notify all Members of the United Nations, as well as all Members of the specialized agencies and the Chief administrators of the specialized agencies, of the deposit of each instrument of accession received pursuant to section 41 and subsequent notifications received pursuant to section 43. The Chief Administrator of the specialized agency shall notify the Secretary-General of the United Nations and the members of the relevant agency of the receipt of each instrument of accession deposited with him in accordance with section 42.

Section 46

     It is assumed that when an instrument of accession or a subsequent notification is deposited on behalf of a State, that State will be able, according to its own laws, to comply with the terms of this Convention. Conventions with amendments provided for in the final text of certain annexes concerning the institutions mentioned in these acts of accession or in the notifications.

Section 47

1. Subject to the provisions of paragraphs 2 and 3 of this section, each State that has acceded to the Convention undertakes to apply this Convention to each specialized agency provided for in its instrument of accession or in a subsequent notification until the revised Convention or annex enters into force with respect to the said institution and until the said State will not accept this revised convention or annex. The revised annexes shall be accepted by the State by notification addressed to the Secretary-General of the United Nations, which shall enter into force on the date of receipt of the latter by the Secretary-General.

     2. However, any State that has acceded to the Convention and is not or has ceased to be a member of a specialized agency may notify in writing the Secretary-General of the United Nations and the Chief Administrator of the institution concerned of its intention to deprive the specialized agency of the benefits deriving from this Convention within a specified period, but not earlier than three months after the date of the date of receipt of this notification.

     3. Each State that has acceded to this Convention may not grant the benefits arising from this Convention to specialized agencies that lose their connection with the United Nations.

     4. The Secretary-General of the United Nations shall notify all Member States that have acceded to the Convention of all notifications transmitted to him in accordance with the provisions of the preceding paragraph.

Section 48

     At the request of one third of the States that have acceded to this Convention, the Secretary-General of the United Nations shall convene a conference to review this Convention.

Section 49

     The Secretary—General of the United Nations shall transmit copies of this Convention to all the specialized agencies and Governments of all the Member States of the United Nations.

Final texts and revised texts of appendices

      (Approved by specialized agencies before April 1, 2003)

Appendix I1

International Labour Organization [Transfer]

     In relation to the International Labour Organization, the standard articles are applied subject to the following provisions:

      1. The provisions of article V (with the exception of paragraph (c) of section 13) and paragraphs 1 and 2 (i) of section 25 of article VII shall apply to members and alternate members of the Governing Body of the International Labour Organization who are representatives of employers and workers, and to persons replacing them, provided, however, that the waiver of Based on section 16, immunity from any of the aforementioned persons is exercised by the Governing Body.

      2. The privileges, immunities, exemptions and benefits provided for in section 21 of the standard articles are also granted to the Deputy Directors General of the International Labour Office and the Assistant Directors General of the International Labour Office.

      3. (i) Experts (other than officials to whom the provisions of article VI apply) who serve on committees or carry out assignments for the Organization shall enjoy the following privileges and immunities, insofar as this is necessary for the effective performance of their duties, and they shall also enjoy them when traveling in connection with work on said committees or assignments:

     (a) Immunity from personal detention and from seizure of their personal baggage;

     (b) Judicial and procedural immunity of any kind in respect of anything said or written by them and committed by them in the performance of their official duties, and this immunity continues even after the said persons cease to serve on the committees of the Organization or carry out the assignments of the Organization.;

     (c) The same facilities in respect of currency and money exchange restrictions and in respect of their personal baggage as are provided to officials of foreign Governments on temporary business trips;

     d) the inviolability of their papers and documents related to the work they carry out for the Organization.

      ii) With respect to subparagraph (d) of paragraph 3 (i), the principle set out in the last sentence of section 12 of the standard articles applies.

     iii) Privileges and immunities are granted to experts in the interests of the Organization, not for their personal benefit. The Organization has the right and is obliged to waive the immunity granted to any expert in any case where, in its opinion, the immunity impedes the administration of justice and when waiving it does not harm the interests of the Organization.

Appendix II1

Food and Agriculture Organization of the United Nations

[Translation]

     With respect to the Food and Agriculture Organization of the United Nations (hereinafter referred to as the "Organization"), the standard articles are applied subject to the following provisions:

      1. The provisions of Article V and paragraphs 1 and 2 (i) of section 25 of Article VII shall apply to the Chairman of the Council of the Organization, provided, however, that the waiver, on the basis of section 16, of immunity in respect of the Chairman is carried out by the Council of the Organization.

      2. (i) Experts (other than officials to whom the provisions of article VI apply) serving on committees or on assignments for the Organization shall enjoy the following privileges and immunities, insofar as this is necessary for the effective performance of their duties, and they shall also enjoy them when traveling in connection with work on said committees or assignments:

     (a) Immunity from personal detention and from seizure of their personal baggage;

     (b) Judicial and procedural immunity of any kind in respect of anything said or written by them and committed by them in the performance of their official duties, and this immunity continues even after the said persons cease to serve on the committees of the Organization or carry out the assignments of the Organization.;

     (c) The same facilities in respect of currency and money exchange restrictions and in respect of their personal baggage as are provided to officials of foreign Governments on temporary business trips;

     d) the inviolability of their papers and documents related to the work they carry out for the Organization.

      ii) With respect to subparagraph (d) of paragraph 2 (i), the principle set out in the last sentence of section 12 of the standard articles applies.

     iii) Privileges and immunities are granted to the Organization's experts for the benefit of the Organization, not for their personal benefit. The Organization has the right and is obliged to waive the immunity granted to any expert in any case where, in its opinion, the immunity impedes the administration of justice and where waiving it does not harm the interests of the Organization.

      3. The privileges, immunities, exemptions and benefits provided for in section 21 of the standard articles are also granted to the Deputy Director General of the Organization.

Appendix II1

      (Revised text)

Food and Agriculture Organization of the United Nations

[Translation]

     With respect to the Food and Agriculture Organization of the United Nations (hereinafter referred to as the "Organization"), the standard articles are applied subject to the following provisions:

      1. The provisions of Article V and paragraphs 1 and 2 (i) of section 25 of Article VII shall apply to the Chairman of the Council of the Organization and representatives of associate members, provided, however, that the waiver under section 16 of immunity in respect of the Chairman is carried out by the Council of the Organization.

      2. (i) Experts (other than officials to whom the provisions of article VI apply) serving on committees or on assignments for the Organization shall enjoy the following privileges and immunities, insofar as this is necessary for the effective performance of their duties, and they shall also enjoy them when traveling in connection with work on said committees or assignments:

     (a) Immunity from personal detention and from the seizure of their personal baggage;

     (b) Judicial and procedural immunity of any kind in respect of anything said or written by them and committed by them in the performance of their official duties, and this immunity continues even after the said persons cease to serve on the committees of the Organization or carry out the assignments of the Organization.;

     (c) The same facilities in respect of currency and money exchange restrictions and in respect of their personal baggage as are provided to officials of foreign Governments on temporary business trips;

     d) the inviolability of papers and documents belonging to them related to the work they perform for the Organization, and the right to use a cipher in communication with the Organization and receive documents and correspondence through couriers or in a sealed bag.

      ii) With respect to subparagraph (d) of paragraph 2 (i), the principle set out in the last sentence of section 12 of the standard articles applies.

     iii) Privileges and immunities are granted to the Organization's experts for the benefit of the Organization, not for their personal benefit. The Organization has the right and is obliged to waive the immunity granted to any expert in any case where, in its opinion, the immunity impedes the administration of justice and where waiving it does not harm the interests of the Organization.

      3. The privileges, immunities, exemptions and benefits provided for in section 21 of the standard articles are also granted to the Deputy Director General of the Organization.

Appendix II1

      (Second revised text)

Food and Agriculture Organization of the United Nations

[Translation]

With respect to the Food and Agriculture Organization of the United Nations (hereinafter referred to as the "Organization"), the standard articles are applied subject to the following provisions:

      1. The provisions of Article V and paragraphs 1 and 2 (i) of section 25 of Article VII shall apply to the Chairman of the Council of the Organization and representatives of associate members, provided, however, that the waiver under section 16 of immunity in respect of the Chairman is carried out by the Council of the Organization.

      2. (i) Experts (other than officials to whom the provisions of article VI apply) who serve on committees or carry out assignments for the Organization shall enjoy the following privileges and immunities, insofar as this is necessary for the effective performance of their duties, and they shall also enjoy them when traveling in connection with work on said committees or assignments:

     (a) Immunity from personal detention and from the seizure of their personal baggage;

     (b) Judicial and procedural immunity of any kind in respect of anything said or written by them and committed by them in the performance of their official duties, and this immunity continues even after the said persons cease to serve on the committees of the Organization or carry out the assignments of the Organization.;

     (c) The same facilities in respect of currency and money exchange restrictions and in respect of their personal baggage as are provided to officials of foreign Governments on temporary business trips;

     d) the inviolability of papers and documents belonging to them related to the work they perform for the Organization, and the right to use a cipher in communication with the Organization and receive documents and correspondence through couriers or in a sealed bag.

      ii) With respect to subparagraph (d) of paragraph 2 (i), the principle set out in the last sentence of section 12 of the standard articles applies.

     iii) Privileges and immunities are granted to the Organization's experts for the benefit of the Organization, not for their personal benefit. The Organization has the right and is obliged to waive the immunity granted to any expert in any case where, in its opinion, the immunity impedes the administration of justice and where waiving it does not harm the interests of the Organization.

      3. The privileges, immunities, exemptions and benefits provided for in section 21 of the standard articles are also granted to the Deputy Director General of the Organization.

Appendix II1

      (Second revised text)

Food and Agriculture Organization of the United Nations

[Translation]

     With respect to the Food and Agriculture Organization of the United Nations (hereinafter referred to as the "Organization"), the standard articles are applied subject to the following provisions:

      1. The provisions of Article V and paragraphs 1 and 2 (i) of Article VII of section 25 shall apply to the Chairman of the Council of the Organization and representatives of associate members, provided, however, that the waiver under section 16 of immunity in respect of the Chairman is carried out by the Council of the Organization.

      2. (i) Experts (other than officials subject to the provisions of article VI) serving on committees or on assignments for the Organization shall enjoy the following privileges and immunities, insofar as this is necessary for the effective performance of their duties, and they shall also enjoy them when traveling in connection with activities on said committees or assignments:

     (a) Immunity from personal detention and from seizure of their personal baggage;

     (b) Judicial and procedural immunity of any kind in respect of anything said or written by them and committed by them in the performance of their official duties, and this immunity continues even after the said persons cease to serve on the committees of the Organization or carry out the assignments of the Organization.;

     (c) The same facilities in respect of currency restrictions and exchange and in respect of their personal baggage as are provided to officials of foreign Governments on temporary business trips;

     d) the inviolability of papers and documents belonging to them related to the work they perform for the Organization, and the right to use a cipher in communication with the Organization and receive documents and correspondence through couriers or in a sealed bag.

      ii)  With respect to subparagraph (d) of paragraph 2 (i), the principle set out in the last sentence of section 12 of the standard articles applies.

     iii) Privileges and immunities are granted to the Organization's experts for the benefit of the Organization, not for their personal benefit. The Organization has the right and is obliged to waive the immunity granted to any expert in any case where, in its opinion, the immunity impedes the administration of justice and where waiving it does not harm the interests of the Organization.

      3. The privileges, immunities, exemptions and benefits provided for in section 21 of the standard articles are presented to the Deputy Director General and the Assistant Director General of the Organization.

Appendix III1

International Civil Aviation Organization

[Translation]

     With respect to the International Civil Aviation Organization (hereinafter referred to as the "Organization"), the standard articles are applied subject to the following provisions:

      1. The privileges, immunities, exemptions and benefits provided for in section 21 of the standard articles are also granted to the Chairman of the Council of the Organization.

      2. (i) Experts (other than officials to whom the provisions of article VI apply) who serve on committees or carry out assignments for the Organization shall enjoy the following privileges and immunities, insofar as this is necessary for the effective performance of their duties, and they shall also enjoy them when traveling in connection with work on said committees or assignments:

     (a) Immunity from personal detention and from seizure of their personal baggage;

     (b) Judicial and procedural immunity of any kind in respect of anything said or written by them and committed by them in the performance of their official duties, and this immunity continues even after the said persons cease to serve on the committees of the Organization or carry out the assignments of the Organization.;

     (c) The same facilities in respect of currency and money exchange restrictions and in respect of their personal baggage as are provided to officials of foreign Governments on temporary business trips.

     d) the inviolability of their papers and documents related to the work they carry out for the Organization.

      (ii) With respect to subparagraph (d) of paragraph 2 (i), the principle set out in the last sentence of section 12 of the standard articles applies.

     iii) Privileges and immunities are granted to the Organization's experts for the benefit of the Organization, not for their personal benefit. The Organization has the right and is obliged to waive the immunity granted to any expert in any case where, in its opinion, the immunity impedes the administration of justice and where waiving it does not harm the interests of the Organization.

Appendix IV1

United Nations Educational, Scientific and Cultural Organization

[Translation]

     With respect to the United Nations Educational, Scientific and Cultural Organization (hereinafter referred to as the "Organization"), the standard articles are applied subject to the following provisions:

      1. The provisions of Article V and paragraphs 1 and 2 (i) of section 25 of Article VII shall apply to the President of the Conference and the members of the Board of the Organization, as well as to their deputies and advisers, provided, however, that the waiver, on the basis of section 16, of immunity in respect of any of these persons is carried out by the Board.

      2. The Deputy Director General of the Organization, his wife and minor children shall also enjoy the privileges, immunities, exemptions and facilities assigned under international law to diplomatic representatives, which are provided by section 21 of article VI to the Chief Administrator of each specialized agency.

      3. (i) Experts (other than officials to whom the provisions of article VI apply) who serve on committees or carry out assignments for the Organization shall enjoy the following privileges and immunities, insofar as this is necessary for the effective performance of their duties, and they shall also enjoy them when traveling in connection with work on said committees or assignments:

     (a) Immunity from personal detention and from seizure of their personal baggage;

     (b) Judicial and procedural immunity of any kind in respect of anything said or written by them and committed by them in the performance of their official duties, and this immunity continues even after the said persons cease to serve on the committees of the Organization or carry out the assignments of the Organization.;

     (c) The same facilities in respect of currency and money exchange restrictions and in respect of their personal baggage as are provided to officials of foreign Governments on temporary business trips.

     ii) Privileges and immunities are granted to the Organization's experts for the benefit of the Organization, not for their personal benefit. The Organization has the right and is obliged to waive the immunity granted to any expert in any case where, in its opinion, the immunity impedes the administration of justice and where waiving it does not harm the interests of the Organization.

Appendix V1

International Monetary Fund

[Translation]

     With respect to the International Monetary Fund (hereinafter referred to as the "Fund") The Convention (including this supplement) applies subject to the following provisions:

      1. Section 32 of the standard articles applies only to disputes arising in connection with the interpretation or application of the privileges and immunities granted to the Fund by this Convention, but not those which it is entitled to claim by virtue of its charter or on any other basis.

2. The provisions of the Convention (including this addendum) do not modify or require modification of the provisions of the Foundation's charter and do not violate or limit the rights, immunities, privileges and exemptions granted to the Foundation, its members, directors, managing directors, deputies, officials and employees by the Foundation's charter or statutes, laws and regulations of any State. — a member of the Foundation, or any political subdivision of such a State, or in any other way.

Appendix VI2

International Bank for Reconstruction and Development

[Translation]

     With respect to the International Bank for Reconstruction and Development (hereinafter referred to as the "Bank") The Convention (including this supplement) applies subject to the following provisions:

      1. Section 4 is replaced by the following text:

     "Claims may be brought against the Bank}' only in courts having appropriate jurisdiction in the territory of the Bank's member State, in which the Bank has an office or in which it has appointed a representative authorized to receive judicial procedural documents, or in which it has issued or guaranteed securities. However, claims may not be filed by members of the Bank or persons acting on behalf of its members or who have acquired rights from its members. The property and assets of the Bank, wherever they are located and in whose possession they are, cannot be subject to arrest, prohibition or enforcement until a final court decision is rendered against the Bank."

      2. Section 32 of the standard articles applies only to disputes arising in connection with the interpretation or application of the privileges and immunities granted to the Bank by this Convention, but not those that it has the right to claim by virtue of its charter or on any other basis.

     3. The provisions of the Convention (including this Addendum) do not modify or require modification of the provisions of the Bank's charter and do not violate or limit the rights, immunities, privileges and exemptions granted to the Bank, its members, directors, managing directors, deputies, officials and employees by the Bank's charter or statutes, laws and regulations of any State. — a member of a Bank, or any political subdivision of such a State, or in any other way.

Appendix VII1

World Health Organization

[Translation]

     With respect to the World Health Organization (hereinafter referred to as the "Organization"), the standard articles apply subject to the following provisions:

      1. The provisions of article V and paragraphs 1 and 2 (i) of section 25 of Article VII shall apply to persons appointed to the Management Board of the Organization, their deputies and advisers, provided, however, that the waiver, on the basis of section 16, of immunity in respect of any of these persons is carried out by the Management Board.

      2. (i) Experts (other than officials to whom the provisions of article VI apply) serving on committees or on behalf of the Organization shall enjoy the following privileges and immunities, insofar as this is necessary for the effective performance of their duties, and they shall also enjoy them when traveling in connection with the work of the said committees or in connection with orders:

     (a) Immunity from personal detention and from seizure of their personal baggage;

     (b) Judicial and procedural immunity of any kind in respect of anything said or written by them and committed by them in the performance of their official duties, and this immunity continues even after these persons cease to serve on the committees of the Organization or carry out assignments of the Organization.;

     (c) The same facilities in respect of currency and money exchange restrictions and in respect of their personal baggage as are provided to officials of foreign Governments on temporary business trips;

     d) the inviolability of all papers and documents;

     e) the right to use a cipher and receive documents and correspondence via couriers or in a sealed bag in their relations with the World Health Organization.

     ii) Privileges and immunities are granted to the Organization's experts for the benefit of the Organization, not for their personal benefit. The Organization has the right and is obliged to waive the immunity granted to any expert in any case where, in its opinion, the immunity impedes the administration of justice and where waiving it does not harm the interests of the Organization.

Appendix VII1

      (Revised text)

World Health Organization

[Translation]

     With respect to the World Health Organization (hereinafter referred to as the "Organization"), the standard articles apply subject to the following provisions:

      1. The provisions of article V and paragraphs 1 and 2 (i) of section 25 of Article VII shall apply to persons appointed to the Management Board of the Organization, their deputies and advisers, provided, however, that the waiver, on the basis of section 16, of immunity in respect of any of these persons is carried out by the Management Board.

      2. (i) Experts (other than officials to whom the provisions of article VI apply) serving on committees or on behalf of the Organization shall enjoy the following privileges and immunities, insofar as this is necessary for the effective performance of their duties, and they shall also enjoy them when traveling in connection with their work on the said committees or in connection with with errands:

     (a) Immunity from personal detention and from seizure of their personal baggage;

     (b) Judicial and procedural immunity of any kind in respect of anything said or written by them and committed by them in the performance of their official duties, and this immunity continues even after these persons cease to serve on the committees of the Organization or carry out assignments of the Organization.;

     (c) The same facilities in respect of currency and money exchange restrictions and in respect of their personal baggage as are provided to officials of foreign Governments on temporary business trips;

     d) the inviolability of all papers and documents;

     e) the right to use a cipher in communication with the Organization and to receive documents and correspondence through couriers or by bag.

     ii) The privileges and immunities specified in paragraphs (b) and (e) are granted to persons enrolled in the board of expert consultants of the Organization in the performance of their duties.

     iii) Privileges and immunities are granted to the Organization's experts for the benefit of the Organization, not for their personal benefit. The Organization has the right and is obliged to waive the immunity granted to any expert in any case where, in its opinion, the immunity impedes the administration of justice and where waiving it does not harm the interests of the Organization.

      3. The provisions of Article V and paragraphs 1 and 2 (i) of section 25 of Article VII shall apply to representatives of staff Members participating in the work of the Organization on the basis of Articles 8 and 37 of the charter.

Appendix VII1

      (Second revised text)

World Health Organization

[Translation]2

     With respect to the World Health Organization (hereinafter referred to as the "Organization"), the standard articles apply subject to the following provisions:

      1. The provisions of article V and paragraphs 1 and 2 (i) of section 25 of Article VII shall apply to persons appointed to the Management Board of the Organization, their deputies and advisers, provided, however, that the waiver, on the basis of section 16, of immunity in respect of any of these persons is carried out by the Management Board.

      2. (i) Experts (other than officials to whom the provisions of article VI apply) serving on committees or on behalf of the Organization shall enjoy the following privileges and immunities, insofar as this is necessary for the effective performance of their duties, and they shall also enjoy them when traveling in connection with their work on the said committees or in connection with with errands:

     (a) Immunity from personal detention and from seizure of their personal baggage;

     (b) Judicial and procedural immunity of any kind in respect of anything said or written by them and committed by them in the performance of their official duties, and this immunity continues even after these persons cease to serve on the committees of the Organization or carry out assignments of the Organization.;

     (c) The same facilities in respect of currency and money exchange restrictions and in respect of their personal baggage as are provided to officials of foreign Governments on temporary business trips;

     d) the inviolability of all papers and documents;

     f) the right to use a cipher in communication with the Organization and to receive documents and correspondence through couriers or a bag.

     ii) The privileges and immunities specified in paragraphs (b) and (e) are granted to persons enrolled in the board of expert consultants of the Organization in the performance of their duties.

     iii) Privileges and immunities are granted to the Organization's experts for the benefit of the Organization, not for their personal benefit. The Organization has the right and is obliged to waive the immunity granted to any expert in any case where, in its opinion, the immunity impedes the administration of justice and where waiving it does not harm the interests of the Organization.

      3. The provisions of Article V and paragraphs 1 and 2 (i) of section 25 of Article VII shall apply to representatives of staff Members participating in the work of the Organization on the basis of Articles 8 and 47 of the charter.

      4. The privileges and immunities, exemptions and benefits mentioned in section 21 of the standard regulations are equally granted to each Deputy Director General of the Organization.

Appendix VII1

      (Third revised text)

World Health Organization

[Translation]2

     With respect to the World Health Organization (hereinafter referred to as the "Organization"), the standard articles apply subject to the following provisions:

1. The provisions of article V and paragraphs 1 and 2 (i) of section 25 of Article VII shall apply to persons appointed to the Management Board of the Organization, their deputies and advisers, provided, however, that the waiver, on the basis of section 16, of immunity in respect of any of these persons is carried out by the Management Board.

      2. (i) Experts (other than officials to whom the provisions of article VI apply) serving on committees or on behalf of the Organization shall enjoy the following privileges and immunities, insofar as this is necessary for the effective performance of their duties, and they shall also enjoy them when traveling in connection with their work on the said committees or in connection with with errands:

     (a) Immunity from personal detention and from seizure of their personal baggage;

     (b) Judicial and procedural immunity of any kind in respect of anything said or written by them and committed by them in the performance of their official duties, and this immunity continues even after these persons cease to serve on the committees of the Organization or carry out assignments of the Organization.;

     (c) The same facilities in respect of currency and money exchange restrictions and in respect of their personal baggage as are provided to officials of foreign Governments on temporary business trips;

     d) the inviolability of all papers and documents;

     f) the right to use a cipher in communication with the Organization and to receive documents and correspondence through couriers or a bag.

     ii) The privileges and immunities specified in paragraphs (b) and (e) are granted to persons enrolled in the board of expert consultants of the Organization in the performance of their duties.

     iii) Privileges and immunities are granted to the Organization's experts for the benefit of the Organization, not for their personal benefit. The Organization has the right and is obliged to waive the immunity granted to any expert in any case where, in its opinion, the immunity impedes the administration of justice and where waiving it does not harm the interests of the Organization.

      3. The provisions of Article V and paragraphs 1 and 2 (i) of section 25 of Article VII shall apply to representatives of staff Members participating in the work of the Organization on the basis of Articles 8 and 47 of the charter.

      4. The privileges and immunities, exemptions and benefits mentioned in section 21 of the standard regulations are equally granted to each Deputy Director General of the Organization.

Appendix VII1

      (Third revised text)

World Health Organization

[Translation]2

     With respect to the World Health Organization (hereinafter referred to as the "Organization"), the standard articles apply subject to the following provisions:

      1. The provisions of Article V and paragraphs 1 and 2 (i) of section 25 of Article VII shall apply to persons appointed to the Executive Committee of the Organization, their deputies and advisers, provided, however, that the waiver, on the basis of section 16, of immunity in respect of any of these persons is carried out by the Executive Committee.

      2. (i) Experts (other than officials to whom the provisions of article VI apply) serving on committees or on behalf of the Organization shall enjoy the following privileges and immunities, insofar as this is necessary for the effective performance of their duties, and they shall also enjoy them when traveling in connection with the work of the said committees or in connection with orders:

     (a) Immunity from personal detention and from seizure of their personal baggage;

     (b) Judicial and procedural immunity of any kind in respect of anything said or written by them and committed by them in the performance of their official duties, and this immunity continues even after these persons cease to serve on the committees of the Organization or carry out assignments of the Organization.;

     (c) The same facilities in respect of restrictions on currency or its exchange and in respect of their personal baggage as are provided to officials of foreign Governments on temporary business trips;

     d) the inviolability of all papers and documents;

     e) the right to use a cipher in communication with the Organization and to receive documents and correspondence through couriers or in sealed bags.

     ii) The privileges and immunities specified in paragraphs (b) and (e) are granted to persons included in the lists of expert consultants of the Organization in the performance of their duties.

     iii) Privileges and immunities are granted to the Organization's experts for the benefit of the Organization, not for their personal benefit. The Organization has the right and is obliged to waive the immunity granted to any expert in any case where, in its opinion, the immunity impedes the administration of justice and where waiving it does not harm the interests of the Organization.

      3. The provisions of Article V and paragraphs 1 and 2 (i) of Section 25 of Article VII shall apply to representatives of associate members participating in the work of the Organization on the basis of Articles 8 and 47 of the Charter.

      4. The privileges and immunities, exemptions and benefits mentioned in section 21 of the standard articles are also granted to each Deputy Director General, Assistant Director General and Regional Directors of the Organization.

Appendix VIII1

Universal Postal Union

[Translation]

     The standard articles are applied unchanged.

The IX2 application

International Telecommunication Union

[Translation]

      The standard articles apply unchanged, with the exception that the International Telecommunication Union does not require the benefits provided for in section 11 of article IV in relation to "means of communication".

Appendix X3

International Organization for Refugees

[Translation]

     The standard articles are applied unchanged.

Appendix XI4

World Meteorological Organization

[Translation]

     The standard articles are applied unchanged.

Appendix XII5

Intergovernmental Maritime Advisory Organization

[Translation]

      1. The privileges and immunities, exemptions and facilities provided for in section 21 of article VI of the standard articles shall be submitted to the Secretary-General of the Organization and the Secretary of the Maritime Safety Committee, provided that the provisions of this section do not require the Member State in whose territory the main offices of the Organization are located to apply section 21 of article VI of the Standard articles to any person who who is its citizen.

      2. (a) Experts (other than officials to whom the provisions of article VI apply) serving on committees or on behalf of the Organization shall enjoy the following privileges and immunities, insofar as this is necessary for the effective performance of their duties, and they shall also enjoy them when traveling in connection with their work on the said committees or in connection with with errands:

     (i) Immunity from personal detention and from seizure of their personal baggage;

     (ii) Judicial and procedural immunity of any kind in respect of anything said or written by them and committed by them in the performance of their official duties, and this immunity continues even after the said persons cease to serve on the committees of the Organization or carry out the assignments of the Organization.;

     (iii) The same facilities in respect of currency and money exchange restrictions and in respect of their personal baggage as are provided to officials of foreign Governments on temporary business trips;

     iv) the inviolability of their papers and documents related to the work they carry out for the Organization;

     v) the right to use a cipher and receive documents and correspondence through couriers or in a sealed bag in their relations with the Intergovernmental Maritime Consultative Organization.

      With respect to sub-paragraphs 2 (a) (iv) and (v), the principle set out in the last sentence of section 12 of the standard articles applies.

     (b) Privileges and immunities are granted to such experts in the interests of the Organization and not for their personal benefit. The Organization has the right and is obliged to waive the immunity of any expert in any case where, in its opinion, the immunity impedes the administration of justice and where waiving it does not harm the interests of the Organization.

Appendix XII2

      (Revised text)

Intergovernmental Maritime Advisory Organization

[Translation]

      1. The privileges and immunities, exemptions and facilities provided for in section 21 of article VI of the standard articles shall be granted to the Secretary-General of the Organization, the Deputy Secretary-General and the Secretary of the Maritime Safety Committee, provided that the provisions of this section do not require the Member State in whose territory the main offices of the Organization are located to apply section 21 of article VI of the standard articles. to any person who is its citizen.

      2. (a) Experts (other than officials to whom the provisions of article VI apply) serving on committees or on assignments of the Organization shall enjoy the following immunities and privileges, insofar as this is necessary for the effective performance of their duties, and they shall also enjoy them when traveling in connection with work on said committees or assignments:

     (i) Immunity from personal detention and from seizure of their personal baggage;

     (ii) Judicial and procedural immunity of any kind in respect of anything said or written by them and committed by them in the performance of their official duties, and this immunity continues even after the said persons cease to serve on the committees of the Organization or carry out the assignments of the Organization.;

     (iii) The same facilities in respect of currency and money exchange restrictions and in respect of their personal baggage as are provided to officials of foreign Governments on temporary business trips;

     iv) the inviolability of all papers and documents related to the work they perform for the Organization;

v) the right to use a cipher and receive documents and correspondence through couriers or in a sealed bag in their relations with the Intergovernmental Maritime Consultative Organization.

      With respect to sub-paragraphs 2 (a) (iv) and (v), the principle set out in the last sentence of section 12 of the standard articles applies.

     (b) Privileges and immunities are granted to such experts in the interests of the Organization and not for their personal benefit. The Organization has the right and is obliged to waive the immunity of any expert in any case where, in its opinion, the immunity impedes the administration of justice and where waiving it does not harm the interests of the Organization.

Appendix XII1

      (Second revised text)

Intergovernmental Maritime Advisory Organization

      1. The privileges and immunities, facilities and facilities referred to in article VI of section 21 of the standard articles shall be accorded to the Secretary-General of the Organization, the Deputy Secretary-General, the Secretary of the Maritime Safety Committee and the Directors of the Administrative Division, [Technical Cooperation Division,] The Division of Legal Affairs and External Relations, the Conference Division and the [Marine Environment Division], provided that the provisions of this paragraph do not require the Member in whose territory the headquarters of the Organization is located, Apply article VI of section 21 of the standard articles to any person who is its national. If the Organization changes the name of any Director positions at any time, the persons holding such positions at that time will continue to be granted the privileges and immunities, benefits and opportunities referred to in this paragraph.

      2. (a) Experts (other than officials to whom the provisions of article VI apply) who serve on committees or carry out assignments for the Organization shall enjoy the following privileges and immunities, insofar as this is necessary for the effective performance of their duties, including when traveling in connection with work on said committees or assignments:

     (i) Immunity from personal arrest and from seizure of their personal baggage;

     (ii) Judicial and procedural immunity of any kind in respect of anything said or written by them and committed by them in the performance of their official duties, and this immunity continues even after the said persons cease to serve on the committees of the Organization or carry out the assignments of the Organization.;

     (iii) The same facilities in respect of currency and money exchange restrictions and in respect of their personal baggage as are provided to officials of foreign Governments on temporary business trips;

     (iv) The inviolability of all papers and documents related to the work they perform in the interests of the Organization; and

     v) the right to use ciphers in their relations with the International Maritime Organization and to receive documents and correspondence through couriers or in sealed bags.

      With respect to sub-paragraphs (iv) and (v) of paragraph 2 (a) above, the principle set out in the last sentence of section 12 of the standard articles applies.

     (b) Privileges and immunities are provided to such experts in the interests of the Organization and not for their personal benefit. The Organization has the right and is obliged to waive the immunity granted to any expert in any case where, in its opinion, the immunity would impede the administration of justice and where waiving it does not prejudice the interests of the Organization.

Appendix XIII.1

International Finance Corporation

[Translation]

     With respect to the International Finance Corporation (hereinafter referred to as the "Corporation") The Convention (including this annex) shall apply subject to the following provisions:

      1. Section 4 is replaced by the following:

     "Claims against the Corporation may be brought only through courts of appropriate jurisdiction in the territory of those Member States where the Corporation has its offices, has representatives appointed by the Corporation who have the right to accept subpoenas or notices, or where securities have been issued or guaranteed by the Corporation. However, claims may not be filed by members of the Corporation or persons who act on their behalf or to whom they transfer the rights to the claim. The property and assets of the Corporation, in whatever place and in whomsoever held, are not subject to any form of confiscation, seizure or liquidation pending a final court decision against the Corporation."

      2. Paragraph (b) of section 7 of the standard Articles is applicable to the Corporation on the basis of article III of section 5 of the Articles of the Corporation Agreement.

      3. The Corporation may, at its discretion, waive any privileges and immunities granted in accordance with article VI of the Articles of Agreement on the Corporation, to the extent and under such conditions as may be determined by it.

      4. Section 32 of the standard articles applies only to disputes arising in connection with the interpretation or application of privileges and immunities granted to a Corporation under this Convention, but not among those privileges and immunities that a Corporation may claim under the Articles of the Corporation Agreement or otherwise.

     5. The provisions of the Convention (including this annex) do not modify, amend or require amendments or corrections to the Articles of Agreement on the Corporation, nor weaken or limit any rights, immunities, privileges or facilities granted to the Corporation or any of its members, managers, executive directors, their deputies, officials and employees based on the Articles of the Corporation Agreement or any status, law or regulation of any member of the Corporation or any political entity within such member or otherwise.

Appendix XIV1

International Development Association

[Translation]

     In relation to the International Development Association (hereinafter referred to as the "Association") The Convention, including this annex, shall apply subject to the following provisions:

      1. Section 4 is replaced by the following:

     "Claims against the Association may be brought only through courts of appropriate jurisdiction in the territory of those Member States where the Association has its branches, has representatives appointed by the Association who have the right to accept subpoenas or notices, or where securities have been issued or guaranteed by the Association. However, claims may not be filed by members of the Association or persons who act on their behalf or to whom they transfer the rights to the claim. The property and assets of the Association, in whatever place and in whose possession they are, are not subject to any kind of confiscation, seizure or liquidation until a final court decision is rendered against the Association."

      2. Section 32 of the standard articles applies only to disputes arising in connection with the interpretation or application of privileges and immunities granted by the Association under this Convention, but not among those privileges and immunities to which the Association may claim under the Articles of the Association Agreement or on other grounds.

     3. The provisions of the Convention (including this annex) do not modify, amend or require the Articles of the Association Agreement to be amended or corrected, nor do they weaken or limit any rights, immunities, privileges or benefits granted by the Association or any of its members, managers, executive directors, their deputies, officials or employees based on the Articles of the Association Agreement or any status, law or provision of any status, law or provision of any member of the Association or any political entity within such member, or on other grounds..

Appendix XV1

World Intellectual Property Organization

     "With respect to the World Intellectual Property Organization (hereinafter referred to as the "Organization"), these standard articles apply, subject to the following changes:

      1. The privileges, immunities, exemptions and facilities provided for in section 21 of article VI are also granted to the Deputy Directors General of the Organization.

      2. (a) Experts (other than officials to whom the provisions of article VI apply) who serve on committees or carry out assignments for the Organization shall enjoy the following privileges and immunities, insofar as this is necessary for the effective performance of their duties, and they shall also enjoy them when traveling in connection with work on said committees or assignments:

     (i) Immunity from personal detention and from seizure of their personal baggage;

     (ii) Judicial and procedural immunity of any kind in respect of anything said or written by them and committed by them in the performance of their official duties, and this immunity continues even after the said persons cease to serve on the committees of the Organization or carry out the assignments of the Organization.;

     (iii) The same facilities in respect of currency and money exchange restrictions and in respect of their personal baggage as are provided to officials of foreign Governments on temporary business trips;

     iv) the inviolability of all papers and documents related to the work they perform for the Organization;

     v) in their relations with the Organization, the right to use a cipher and receive documents and correspondence through couriers or in sealed bags.

      In connection with sub-paragraphs (iv) and (v) above, the principle contained in the last sentence of section 12 of the standard articles applies.

     (b) The privileges and immunities are granted to the experts referred to in paragraph (a) above for the benefit of the Organization and not for their personal benefit. The Organization has the right and is obliged to waive the immunity granted to any expert in any case where, in its opinion, the immunity impedes the administration of justice and where waiving it does not prejudice the interests of the Organization."

Appendix XVI1

International Fund for Agricultural Development

     These standard articles apply to the International Fund for Agricultural Development (hereinafter referred to as the "Fund"), subject to the following changes:

      1. The privileges, immunities, exemptions and benefits provided for in section 21 of the standard articles are also granted to the Vice-Chairmen of the Foundation.

      2. (i) Experts (other than officials to whom the provisions of article VI apply) serving on committees or on behalf of the Fund shall enjoy the following privileges and immunities, insofar as this is necessary for the effective performance of their duties, and they shall also enjoy them when traveling in connection with work on said committees or on assignments:

     (a) Immunity from personal detention and from seizure of their personal baggage;

     (b) Judicial and procedural immunity of any kind in respect of anything said or written by them and committed by them in the performance of their official duties, and this immunity continues even after the said persons cease to serve on the Fund's committees or carry out the Fund's assignments.;

     (c) The same facilities in respect of currency and money exchange restrictions and in respect of their personal baggage as are provided to officials of foreign Governments on temporary business trips;

     (d) The inviolability of their papers and documents relating to the work they perform for the Foundation, and the right to use a cipher in their relations with the Foundation and to receive documents and correspondence through couriers or in sealed bags.

      ii) In connection with subparagraph (d) of paragraph 2 (i) above, the principle set out in the last sentence of section 12 of the standard articles applies.

     iii) Privileges and immunities are granted to experts in the interests of the Foundation, not for their personal benefit. The Foundation has the right and is obliged to waive the immunity granted to any expert in any case where, in its opinion, the immunity impedes the administration of justice and where waiving it does not prejudice the interests of the Foundation.

Appendix XVII1

United Nations Industrial Development Organization

     These standard articles apply to the United Nations Industrial Development Organization (hereinafter referred to as the "Organization"), subject to the following modifications:

      1. (a) Experts (other than officials to whom the provisions of article VI apply) who serve on committees or carry out assignments for the Organization shall enjoy the following privileges and immunities, insofar as this is necessary for the effective performance of their duties, and they shall also enjoy them when traveling in connection with work on said committees or assignments:

     (i) Immunity from personal detention and from seizure of their personal baggage;

     (ii) Judicial and procedural immunity of any kind in respect of anything said or written by them and committed by them in the performance of their official duties, and this immunity continues even after the said persons cease to serve on the committees of the Organization or carry out the assignments of the Organization.;

     (iii) The same facilities in respect of currency and money exchange restrictions and in respect of their personal baggage as are provided to officials of foreign Governments on temporary business trips;

     iv) inviolability of all papers and documents;

     v) the right to use a cipher in their relations with the Organization and to receive documents and correspondence through couriers or in sealed bags.

      b) With respect to sub-paragraphs (iv) and (v) of paragraph 1 (a), the principle set out in the last sentence of section 12 of the standard articles applies.

     c) Privileges and immunities are granted to experts in the interests of the Organization, not for their personal benefit. The Organization has the right and is obliged to waive the immunity granted to any expert in any case where, in its opinion, the immunity impedes the administration of justice and where waiving it does not prejudice the interests of the Organization.

      2. The privileges, immunities, benefits and services provided for in section 21 of the standard articles are provided to each Deputy Director General of the Organization.

Appendix XVIII

World Tourism Organization

     The standard articles apply to the World Tourism Organization (hereinafter referred to as the "Organization"), taking into account the following provisions:

      1. Article V and section 25, paragraphs 1 and 2 (i) of Article VII of the Convention apply to representatives of Associate Members participating in the work of the Organization in accordance with the Charter of the World Tourism Organization (hereinafter referred to as the "Charter").

     2. Representatives of Affiliated Members who participate in the activities of the Organization in accordance with the Charter, enjoy:

     a) all benefits to ensure the independent performance of their official duties;

     (b) hastily reviewing their visa applications (where required), provided that they are certified to be traveling on business with the Organization. In addition, such persons are provided with benefits for fast movement.;

      (c) The provision contained in the last paragraph of section 12 of the standard articles applies to subparagraph (b) above.

      3. Experts and other officials subject to article VI of the Convention who work in the organs or structural units of the Organization or perform its assignments shall be granted the privileges and immunities necessary for the independent and effective performance of their duties, including during travel related to their work in these bodies or structural units, or on the instructions of the Organization. In particular, they are provided with:

     (a) Immunity from personal arrest or from seizure of personal baggage;

     b) judicial procedural immunity in respect of all actions committed by them in the performance of their official duties (including everything said or written by them); interested persons enjoy this immunity even after they cease to work in the organs or structural divisions of the Organization or on its behalf;

     c) the inviolability of all papers and documents related to their activities for the Organization;

     d) the right to use a cipher and receive papers or correspondence by couriers or bags for communication with the Organization;

     (e) The same benefits in respect of currency restrictions and restrictions on the exchange of money and their personal baggage as are provided to representatives of foreign Governments on temporary business trips.

     4. Privileges and immunities are granted to experts in the interests of the Organization, not for their personal benefit. The Secretary-General of the Organization has the right and duty to waive the immunity granted to any of these experts in cases where, in his/her opinion, the immunity would impede the course of justice and where the waiver of immunity can be made without prejudice to the interests of the Organization.

     5. Notwithstanding paragraph 2 above, paragraphs 3 and 4 apply to representatives of Affiliated Members who serve as experts on behalf of the Organization.

      6. The privileges, immunities, exemptions and facilities mentioned in section 21 of the standard articles are also granted to the Deputy Secretary General of the Organization, his/her spouse and minor children.

     IZPI's note!  The text of the Convention in foreign languages is attached.  

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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