On the ratification of the Agreement on the Legal Status of the Organization for Economic Cooperation (ECO), representatives of the member countries and international staff

Home / RLA / On the ratification of the Agreement on the Legal Status of the Organization for Economic Cooperation (ECO), representatives of the member countries and international staff

The Law of the Republic of Kazakhstan dated June 29, 1998 No. 240

To ratify the Agreement on the Legal Status of the Organization Economic Cooperation (ECO), representatives of the member countries and international staff, signed in Izmir (Turkey) on September 14, 1996. President of the Republic of Kazakhstan Agreement on the Legal Status of the Economic Cooperation Organization International Cooperation (ECO), representatives of member countries and international staff

The signatory States to this Agreement, recognizing that in order to better perform the functions assigned to the Organization for Economic Cooperation The Organization, its international staff, representatives of the signatory States participating in ECO events, as well as experts working for the Organization, must have a legal status, and accordingly; Agreed as follows:

Part 1

General provisions

Article 1 In this Agreement, (a) "Organization" means an Economic Cooperation Organization. Cooperation, in accordance with the provisions of the Izmir Treaty. b) "Council of Ministers" means the Council of Ministers of the Organization Economic Cooperation, in accordance with the provisions of the Izmir The agreement. (c) "Council of Permanent Representatives" means the Council of Permanent Representatives of the Economic Cooperation Organization, in accordance with the provisions of the Izmir Treaty. (d) "Subsidiary Bodies" means any body, committee or service established by or under the authority of the Council of Ministers, with the exception of those to which the Council may decide not to extend the scope of this Agreement. e) "Secretary General" means the Secretary General of the Economic Cooperation Organization. (e) "Secretariat" means the Secretariat of the Economic Cooperation Organization Cooperation.

Article 2 The Organization and the Contracting States will continuously cooperate in order to promote the proper administration of justice, ensure compliance with State regulations and regulations, and prevent abuse of the immunities and privileges established by this Agreement. If any Contracting State considers that there has been an abuse of any immunity or privilege granted under this Agreement. If an agreement is reached, consultations are held between the State and the Secretariat or between the States concerned in order to clarify the fact of abuse, and if the latter exists, do everything possible to prevent such a thing from happening again. However, notwithstanding the above or any other provision of this Agreement, a Contracting State that considers that a person has abused his or her privilege of stay or any other privilege or immunity granted to him or her under this Agreement may require that person to leave its territory.

Part II The Secretariat

Article 3 The Secretariat is a legal entity, has the right to conclude contracts, acquire and dispose of movable and immovable property and initiate legal proceedings with the consent of the Council of Permanent Representatives. Representatives. Article 4 The Secretariat, its property and assets, wherever located and by whomsoever owned, shall enjoy immunity from all kinds of judicial proceedings, except in cases where the Secretary-General, acting on behalf of the Secretariat, specifically consents to waive the right to such immunity. However, it is understood that the waiver of the right to immunity does not apply to the measure of execution or detention of property. Article 5 The premises of the Secretariat are inviolable. His property and assets, wherever they are located, and whoever owns them, are exempt from search, seizure, requisition, confiscation, expropriation, or any other form of interference.

Article 6 The archives of the Secretariat and all documents belonging to it or in its possession are inviolable wherever they are located.

Article 7 1. The Secretariat is not limited by financial regulations, controls or moratoriums of any kind and can: a) own any kind of currency and have accounts in any currency; b) freely transfer its funds from one type of currency to another or within any country, as well as convert any currency at its disposal into any other currency. at the most favorable legal sale or purchase rate, depending on the situation. 2. In exercising its rights in accordance with paragraph 1 above, the Secretariat shall pay due attention to any declarations made by a Contracting State and give them effect, as long as such practice exists.

Article 8 The Secretariat, its contributions, income and other property are exempt from: (a) all direct taxes; the Secretariat will not, however, require exemption from all rates, taxes and duties if they are levied for the use of public services; (b) all types of customs duties and quantitative restrictions on the import and export of items, imported or exported by the Secretariat for official use; these items imported duty-free in this way should not remain by sale or donation in the country to which they were imported, except under conditions stipulated by the Government of that country; c) from all types of customs duties and quantitative restrictions on the import and export of publications of the Secretariat.

Article 9 The Secretariat will not make it a rule to require exemption from excise taxes and taxes on the sale of movable and immovable property included in the price to be paid. However, if If the Secretariat acquires property on a large scale for official use, which is subject to taxes and duties, or which is subject to taxes and duties, the Contracting States will, as far as possible, agree administratively on exemption from payment or refund of the amount of duty or tax paid.

Article 10 1. Official correspondence of the Secretariat is not subject to censorship. 2. The Secretariat has the right to use codes, send and receive correspondence via courier or in sealed diplomatic mail, which have the immunities and privileges of a diplomatic courier and mail. 3. Nothing in this article may be interpreted to prevent the adoption of necessary security measures, which shall be determined by the Contracting State and the Secretary-Gespondence of the Secretariat is not subject to censorship. 2. The Secretariat has the right to use codes, send and receive correspondence via courier or in sealed diplomatic mail, which have the immunities and privileges of a diplomatic courier and mail. 3. Nothing in this article may be interpreted to prevent the adoption of necessary security measures, which shall be determined by the Contracting State and the Secretary-General acting on behalf of the Secretariat.

Part III Representatives of the Contracting States

Article 11 Any person designated by a Contracting State as its main permanent representative in ECO in the territory of another State. Members of a Contracting State, as well as members of its official staff in that territory, whose stay is stipulated by an agreement between the State that appointed them and the Secretariat and an agreement between the Secretariat and the State in whose territory they will reside, shall enjoy immunities and privileges., provided by this State to diplomatic representatives and members of their official staff of the appropriate rank.

Article 12 1. Any representative of a Contracting State in the Organization or any of its subsidiary organs not specified in Article 11 shall, while in the territory of another State, have Of a Contracting State in the performance of its official duties, the following privileges and immunities: (a) immunity from personal detention or arrest enjoyed by diplomatic personnel of appropriate rank; (b) Immunity from judicial proceedings in respect of oral or written statements and acts performed by them in his official capacity; c) the inviolability of all papers and documents; d) the right to use codes, receive and send papers and correspondence by courier or in sealed diplomatic mail; e) the release of himself, his spouse and the closest members of his family staying with him and dependent on him, from immigration restrictions, registration as a foreign a citizen and the obligations of public service, which are possessed by diplomatic personnel of the appropriate rank; (e) Exemption from currency and monetary restrictions enjoyed by diplomatic personnel of the appropriate rank; (g) Immunity and benefits in respect of their personal baggage enjoyed by diplomatic personnel of the appropriate rank; (h) The right to duty-free importation of furniture and personal property upon initial arrival in the host country to take office and upon termination of their term of office In this country; the right to repeat duty-free export of furniture and property that otherwise fall under conditions that the Government of the host country where this right applies may deem necessary; and) the right to temporary duty-free import of its own vehicles for personal use or, accordingly, to duty-free sale or re-export of such vehicles, which otherwise fall under the conditions that the Government of the host country, where this right applies, may deem necessary for diplomatic personnel of the appropriate rank. 2. Where legal taxation of any form depends on the place of residence, the period during which the representative to whom this Article applies remains in the territory of the other Contracting State in the performance of his official duties shall not be considered as a period of stay. In particular, he is exempt from tax on his official salary and remuneration during the entire period of his official duties. 3. In this Article, the term "representative" means any representatives, advisers and technical experts of a delegation. Each Contracting State shall inform the other interested Parties To the Contracting States, at their request, the names and surnames of their representatives to whom this Article applies, as well as the estimated time of their stay in the territory of that State.

Article 13 Official staff accompanying a representative A Contracting State which is not specified in Article 11 or 12, but which resides in the territory of a Contracting State for the performance of its official duties, shall enjoy the privileges and immunities defined in paragraph 1 (b), (c), (e), (e), (h) and (i) and paragraph 2 Articles 12.

Article 14 Privileges and immunities are granted to representatives Of the Contracting States and their personnel, not for their own benefit, but as a guarantee of the independent performance of their official duties in relation to the Economic Cooperation Organization. Consequently, a Contracting State not only has the right, but is also obliged to waive the right to immunity of its representatives and their staff if, in its opinion, the immunity may interfere with the normal course of judicial proceedings and the waiver of immunity would not prejudice the purpose for which this immunity was granted.

Article 15 The provisions of Articles 11-13 do not require Contracting States to grant any of the privileges or immunities referred to in this document to any of their nationals or nationals not permanently residing in the territory of another Contracting State, or to any other person as their representative or member of the staff of that representative.

Part IV International staff and experts seconded to the Secretariat

Article 16 The Secretary-General shall develop a scheme for the division of staff into the categories of "diplomats" and "General Services", which are subject to Articles 17-19, and inform the Contracting Parties To the Parties, the names and surnames of the officials included in these categories.

Article 17 Officials of the Secretariat, as defined in Article 16, with the exception of those who are nationals of the host country: (a) Enjoy immunity from judicial investigation in respect of oral and written statements made by them and actions performed within their official competence and authority; b) together with their spouses and immediate family members living with them or dependent on them, enjoy immunity from immigration restrictions and registration as foreign citizens, which is granted to diplomatic personnel of the appropriate rank; c) enjoy immunity from monetary restrictions, which is granted to diplomatic personnel of the appropriate rank; d) together with their spouses and immediate family members living with them or dependent on them, have the right to unhindered return to their Homeland in the event of international conflicts, which is granted to diplomatic personnel of the appropriate rank.; e) have the right to duty-free import of furniture and property upon initial arrival in the host country for taking office and upon completion of their term of employment in that country, as well as to re-duty-free export of furniture and property that otherwise fall under the conditions that the Government of the host country where they operate This right may be deemed necessary; f) have the right to temporary duty-free importation of their own vehicles and others for personal use and, accordingly, to duty-free sale or re-export of these vehicles, which otherwise fall under conditions that the Government of the host country where this right applies may deem necessary for diplomatic personnel of the appropriate rank.

Article 18 The officials of the Secretariat, as defined in Article 16, shall be exempt from taxes on salaries and other remuneration they receive from the Secretariat.

Article 19 In addition to the immunities and privileges provided for in Articles 17 and 18, the Secretary-General and other senior officials of the Secretariat, by agreement between the Secretary-General and the Government of each Contracting State, shall be accorded the same privileges and immunities normally accorded to diplomatic personnel of the appropriate rank.

Article 20 1. Experts (with the exception of officials subject to Articles 17-19) sent on behalf of the Secretariat shall be granted the following privileges and immunities, to the extent necessary for the effective performance of their functions during their stay in the territory of a Contracting State in the performance of their official duties: (a) Immunity from personal arrest or detention, and from confiscation of personal baggage; b) immunity from legal proceedings in respect of oral and written statements made by them and actions performed in the performance of their official duties in the Secretariat; c) immunity from monetary and personal baggage restrictions granted to officials of foreign Governments on official business trips; d) inviolability of any papers and documents, concerning the work for which they are hired by the Secretariat. 2. The Secretary General will inform the interested parties To the Contracting States, the names and surnames of the experts to whom this Article applies.

Article 21 Privileges and immunities are granted to officials and experts in the interests of the Secretariat, not for their personal benefit. The Secretary-General may, with the consent of the Government of the Member State to which the official belongs, waive the immunity of the official or expert if, in his opinion, this immunity would impede the course of justice and the waiver of this immunity would not prejudice the interests of the Secretariat.

Article 22 According to the provisions of Articles 17, 19 and 20, no State is obliged to grant the privileges or immunities referred to in this document to any of its nationals, with the exception of: (a) immunity from legal proceedings in respect of oral and written statements made by them and acts performed in the performance of their official duties in the Secretariat; (b) inviolability any papers and documents related to the work for which they are hired by the Secretariat; c) immunity from monetary restrictions to the extent necessary, necessary for the effective performance of official duties.

Part V Dispute resolution

Article 23

The Council of Ministers of ECO takes measures to ensure appropriate ways to resolve disputes: (a) Arising out of contracts or other disputes of a private nature to which the Secretariat is a party; (b) Concerning any official or expert of the Secretariat who is subject to Part IV and who enjoys immunity by virtue of his official position, unless such immunity has been denied to him in accordance with Article 21.

Part VI Supplementary Agreements

Article 24 The Secretary-General, acting on behalf of the Secretariat, may conclude agreements with any Contracting State or States for the purpose of implementing this Agreement.

Part VII Final provisions

Article 25

1. This Agreement is subject to ratification by the Member countries in accordance with their constitutional norms and practices, and the instruments of ratification shall be deposited with the Government of the Islamic Republic of Iran, which shall transmit certified copies of the instruments to the other Member countries and to the Secretariat.

2. This Agreement shall enter into force after two thirds of the member countries have submitted their instruments of ratification to the Islamic Republic. Iran.

3. This Agreement is drawn up in one original copy in English.

4. Upon entry into force, this Agreement will replace

initial Agreement on the status of the Economic Cooperation Organization Economic Cooperation (ECO), Representatives of Member Countries and International Staff, attached to the original Izmir Treaty of 1977.

5. In witness whereof, the undersigned Plenipotentiaries have affixed their signatures at the end of this Agreement.

Done at Izmir on the 14th day of September of the year one thousand nine hundred and ninety-six. For the Islamic State of Afghanistan ______________________ For the Republic of Azerbaijan ______________________ For the Islamic Republic of Iran ______________________ For the Republic of Kazakhstan ______________________ For the Kyrgyz Republic ______________________ For the Islamic Republic of Pakistan ______________________ For the Republic of Tajikistan ______________________ For the Turkish The Republic ______________________ For Turkmenistan ______________________ For the Republic of Uzbekistan ______________________

The Law of the Republic of Kazakhstan dated June 30, 1998 No. 254.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases