IMO IA007E VOL 2-2003 Basic Documents Volume Two.pdf

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1、 BASIC DOCUMENTS Volume II A. STATUS, PRIVILEGES AND IMMUNITIES OF THE ORGANIZATION B. AGREEMENTS WITH INTERGOVERNMENTAL ORGANIZATIONS INTERNATIONAL MARITIME ORGANIZATION London, 2003 First published in 1985 by the INTERNATIONAL MARITIME ORGANIZATION 4 Albert Embankment, London SE1 7SR Second editio

2、n: 2003 Printed by the International Maritime Organization, London 2 4 6 8 10 9 7 5 3 1 ISBN 92-801-4168-6 IMO PUBLICATION Sales number: IA007E Copyright 0 IMO 2003 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any m

3、eans, electronic, electrostatic, magnetic tape, mechanical, photocopying or otherwise, without prior permission in writing from the International Maritime Organization. Contents Page 3) 3) 3) A. STATUS, PRIVILEGES AND IMMUNITIES OF THE ORGANIZATION Convention on the Privileges and Immunities of the

4、Specialized Agencies Agreement between the International Maritime Organization and the Government of the United Kingdom of Great Britain and Northern Ireland regarding the Headquarters of the Organization, as amended . Agreement between the International Maritime Organization and the Government of S

5、weden regarding the World Maritime University B. AGREEMENTS WITH INTERGOVERNMENTAL ORGANIZATIONS I. UNITED NATIONS Agreement between the United Nations and the International Maritime Organization and Protocol . Agreement between the United Nations and the International Maritime Organization for the

6、admission of the International Maritime Organization into the United Nations Joint Staff Pension Fund . Special agreement between the United Nations and the International Maritime Organization extending the competence of the Administrative Tribunal of the United Nations to the International Maritime

7、 Organization II. SPECIALIZED AGENCIES AND IAEA Agreement between the International Maritime Organization and the International Labour Organization Agreement between the International Atomic Energy Agency and the International Maritime Organization and Protocol Agreement on co-operation between the

8、International Maritime Organization and the Food and Agriculture Organization of the United Nations 5 21 39 51 61 65 69 75 81 . 111 Page 111. OTHER INTERGOVERNMENTAL ORGANIZATIONS Agreements of co-operation. . . . . . . . . . 85 iv A. STATUS, PRIVILEGES AND IMMUNITIES OF THE ORGANIZATION 1) CONVENTI

9、ON ON THE PRIVILEGES AND IMMUNITIES OF THE SPECIALIZED AGENCIES including Annex XII applicable to the International Maritime Organization CONTENTS Article I Article II Article 111 Article IV Article V Article VI Article VI1 Article VIII Article IX Article X Article XI Definitions and scope Juridical

10、 personality Property. funds and assets . Facilities in respect of communications . Representatives of Members . Officials . Abuses of privilege Laissez-passer Settlement of disputes Annexes and application to individual specialized agencies . Final provisions . Revised text of Annex XII applicable

11、to the International Maritime Organization Page 5 6 6 8 8 9 11 12 12 13 15 17 3 CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE SPECIALIZED AGENCIES WHEREAS the General Assembly of the United Nations adopted on 13 February 1946 a resolution contemplating the unification as far as possible of the

12、privileges and immunities enjoyed by the United Nations and by the various specialized agencies; and WHEREAS consultations concerning the implementation of the aforesaid resolution have taken place between the United Nations and the specialized agencies; CONSEQUENTLY, by resolution 179(11) adopted o

13、n 21 November 1947, the General Assembly has approved the following Convention, which is submitted to the specialized agencies for acceptance and to every Member of the United Nations and to every other State member of one or more of the specialized agencies for accession. Article I Definitions and

14、scope Section 1 In this Convention: (i) (i) The words standard clauses refer to the provisions of articles to IX. The words specialized agencies mean: (a) The International Labour Organization; (b) The Food and Agriculture Organization of the United Nations; (c) The United Nations Educational, Scien

15、tific and Cultural Organiza- tion; (d) The International Civil Aviation Organization; (e) The International Monetary Fund; (f) The International Bank for Reconstruction and Development; (9) The World Health Organization; (h) The Universal Postal Union; (i) The International Telecommunication Union;

16、and (i) Any other agency in relationship with the United Nations in accordance with Articles 57 and 63 of the Charter. (i) The word Convention means, in relation to any particular specialized agency, the standard clauses as modified by the final (or revised) text of the annex transmitted by that age

17、ncy in accordance with sections 36 and 38. Basic documents: Volume II (iv) For the purposes of article 111, the words property and assets shall also include property and funds administered by a specialized agency in furtherance of its constitutional functions. (v) For the purposes of articles V and

18、VII, the expression representatives of members shall be deemed to include all representatives, alternates, advisers, technical experts and secretaries of delegations. (vi) in sections 13, 14, 15 and 25, the expression meetings convened by a specialized agency means meetings: (1) of its assembly and

19、of its executive body (however designated), and (2) of any commission provided for in its constitution; (3) of any international conference convened by it; and (4) of any committee of any of these bodies. (vi) The term executive head means the principal executive official of the specialized agency i

20、n question, whether designated “Director-General“ or otherwise. Section 2 Each State party to this Convention in respect of any specialized agency to which this Convention has become applicable in accordance with section 37 shall accord to, or in connection with, that agency the privileges and immun

21、ities set forth in the standard clauses on the conditions specified therein, subject to any modification of those clauses contained in the provisions of the final (or revised) annex relating to that agency and transmitted in accordance with sections 36 or 38. Article II luridical personality Section

22、 3 The specialized agencies shall possess juridical personality. They shall have the capacity (a) to contract, (b) to acquire and dispose of immovable and movable property, (c) to institute legal proceedings. Article 111 Property, funds and assets Section 4 The specialized agencies, their property a

23、nd assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except in so far as in any particular case they have expressly waived their immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution. Section 5 Th

24、e premises of the specialized agencies shall be inviolable. The property and assets of the specialized agencies, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation Convention on the privileges and immunities: Specialized Agencies and any ot

25、her form of interference, whether by executive, administrative, judicial or legislative action. Section 6 The archives of the specialized agencies, and in general all documents belonging to them or held by them, shall be inviolable, wherever located. Section 7 Without being restricted by financial c

26、ontrols, regulations or moratoria of any kind: (a) The specialized agencies may hold funds, gold or currency of any kind and operate accounts in any currency; (b) The specialized agencies may freely transfer their funds, gold or currency from one country to another or within any country and convert

27、any currency held by them into any other currency. Section 8 Each specialized agency shall, in exercising its rights under section 7 above, pay due regard to any representations made by the Government of any State party to this Convention in so far as it is considered that effect can be given to suc

28、h representations without detriment to the interests of the agency. Section 9 The specialized agencies, their assets, income and other property shall be: (a) Exempt from all direct taxes; it is understood, however, that the specialized agencies will not claim exemption from taxes which are, in fact,

29、 no more than charges for public utility services; (b) Exempt from customs duties and prohibitions and restrictions on imports and exports in respect of articles imported or exported by the specialized agencies for their official use; it is understood, however, that articles imported under such exem

30、ption will not be sold in the country into which they were imported except under conditions agreed to with the Government of that country; (c) Exempt from duties and prohibitions and restrictions on imports and exports in respect of their publications. Section 10 While the specialized agencies will

31、not, as a general rule, claim exemption from excise duties and from taxes on the sale of movable and immovable property which form part of the price to be paid, nevertheless when the specialized agencies are making important purchases for official use of property on which such duties and taxes have

32、been charged or are chargeable, States parties to this Convention will, whenever possible, make appropriate administrative arrangements for the remission or return of the amount of duty or tax. 7 Basic documents: Volume II Article IV Facilities in respect of communications Section 11 Each specialize

33、d agency shall enjoy, in the territory of each State party to this Convention in respect of that agency, for its official communications, treatment not less favourable than that accorded by the Government of such State to any other Government, including the latters diplomatic mission, in the matter

34、of priorities, rates and taxes on mails, cables, telegrams, radiograms, telephotos, telephone and other communications, and press rates for information to the press and radio. Section 12 No censorship shall be applied to the official correspondence and other official communications of the specialize

35、d agencies. The specialized agencies shall have the right to use codes and to dispatch and receive correspondence by courier or in sealed bags, which shall have the same immunities and privileges as diplomatic couriers and bags. Nothing in this section shall be construed to preclude the adoption of

36、appropriate security precautions to be determined by agreement between a State party to this Convention and a specialized agency. Article V Representatives of Members Section 13 Representatives of members at meetings convened by a specialized agency shall, while exercising their functions and during

37、 their journeys to and from the place of meeting, enjoy the following privileges and immunities: immunity from personal arrest or detention and from seizure of their personal baggage, and in respect of words spoken or written and all acts done by them in their official capacity, immunity from legal

38、process of every kind; Inviolability for all papers and documents; The right to use codes and to receive papers or correspondence by courier or in sealed bags; Exemption in respect of themselves and their spouses from immigration restrictions, aliens registration or national service obligations in t

39、he State which they are visiting or through which they are passing in the exercise of their functions; The same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign Governments on temporary official missions; 8 Convention on the privileges and immu

40、nities: Specialized Agencies (f) The same immunities and facilities in respect of their personal baggage as are accorded to members of comparable rank of diplomatic missions. Section 14 In order to secure for the representatives of members of the specialized agencies at meetings convened by them com

41、plete freedom of speech and complete independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer enga

42、ged in the discharge of such duties. Section 15 Where the incidence of any form of taxation depends upon residence, periods during which the representatives of members of the specialized agencies at meetings convened by them are present in a member State for the discharge of their duties shall not b

43、e considered as periods of residence. Section 16 Privileges and immunities are accorded to the representatives of members, not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the specialized agencies. Co

44、nsequently, a member not only has the right but is under a duty to waive the immunity of its representatives in any case where, in the opinion of the member, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorde

45、d. Section 17 The provisions of sections 13, 14 and 15 are not applicable in relation to the authorities of a 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 specify the categories of officials to wh

46、ich the provisions of this article and of article Viii shall apply. it shall communicate them to the Governments of all States parties to this Convention in respect of that agency and to the Secretary-General of the United Nations. The names of the officials included in these categories shall from t

47、ime to time be made known to the above-mentioned Governments.* * By resolution A.lO(I) adopted on 16 January 1959 the Assembly approved “the granting of the privileges and immunities referred to in articles VI and VIII of the Convention on the Privileges and Immunities of the Specialized Agencies to

48、 all officials of the Organization, with the exception of those who are recruited locally and assigned to hourly rates.” 9 Basic documents: Volume Il head of the specialized agency shall have the right to appear in such proceedings on behalf of the person against whom they are instituted. Article VI

49、II Laissez-passer Section 26 Officials of the specialized agencies shall be entitled to use the United Nations laissez-passer in conformity with administrative arrangements to be concluded between the Secretary-General of the United Nations and the competent authorities of the specialized agencies, to which agencies special powers to issue laissez-passer may be delegated. The Secretary-General of the United Nations shall notify each State party to this Convention of each administrative arrangement so concluded. Section 27 States parties to this Convent