Antarctic Treaty Measure 1 (2003) - Full Text Of The Norm

Original Language Title: TRATADO ANTARTICO MEDIDA 1 (2003) - Texto completo de la norma

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ANTARTICO TREATY Law 25.888 Approve Action 1 (2003) "Secretariat of the Antarctic Treaty" and its Annex "Second Agreement for the Secretariat of the Antarctic Treaty" of the XXVI Antarctic Treaty Consultative Meeting (RCTA) adopted in the city of Madrid on 16 June 2003. Sanctioned: April 21, 2004. Promulgated: May 14, 2004.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Approved the MEDIDA 1 (2003) "SECRETARIAT OF THE ANTARTIC TREATY" and its ANNEX "SIDE DOOR FOR THE SECRETARIAT OF THE ANTARTIC TREATY" of the XXVI CONSULTIVE MEETING OF THE ANTARTICO TREATY (RCTA) adopted in the city of Madrid ESREINO DE ESPA√ĎA el on June 16, 2003, which contains articles ARTICLE 2 Contact the national executive branch.

DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTH DAYS OF THE APRIL YEAR DOS MIL CUATRO.

_

EDUARDO O. CHANGE. A. GUINLE. . Eduardo D. Rollano. . Juan J. Canals.

MEDIDA 1 (2003)

SECRETARY-GENERAL

Representatives,

Recalling the Antarctic Treaty and the Protocol to the Antarctic Treaty on Environmental Protection (the Protocol);

Recognizing the need for a Secretariat to assist the Antarctic Treaty Consultative Meeting (RCTA) and the Environmental Protection Committee (PCA) in carrying out their functions;

Recalling Decision 1 (2001) of the XXIV RCTA on the Establishment of the Secretariat of the Antarctic Treaty (the Secretariat) in Buenos Aires, Argentina;

Recommend to their Governments the adoption of the following measure in accordance with Article IX, paragraph 4, of the Antarctic Treaty:

ARTICLE 1

Secretariat

The Secretariat will be an RCTA body. As such it will be subordinated to the RCTA.

ARTICLE 2

Functions

1. The Secretariat will perform the functions entrusted to it by the RCTA in support of the RCTA and CPA.

2. Under the direction and supervision of the RCTA, the Secretariat will address in particular the following:

a. With the assistance of the host Government, it will serve as the secretariat for meetings under the Antarctic Treaty and the Protocol, as well as for other meetings held under the RCTA. The secretariat services will cover the following tasks:

(i) obtaining information for meetings of the RCTA/PCA; for example, environmental impact assessments and management plans;

(ii) preparations for the meetings and distribution of programmes and reports thereof;

(iii) Translation of parliamentary documents;

(iv) Interpretation services;

(v) copies, organization and distribution of meeting documents;

(vi) Assistance to the RCTA for the drafting of parliamentary documents, including the final report.

b. It will support the intersessional work of the RCTA and CPA by facilitating the exchange of information, organizing the meeting facilities and offering all the assistance in the ma-theria of secretariat services requested by the RCTA.

c. shall facilitate and coordinate communications and exchange of information between Parties on all exchanges required under the Antarctic Treaty and the Protocol;

d. Under the leadership of the RCTA, it will provide the necessary coordination and contacts with other elements of the Antarctic Treaty system and other relevant international bodies and other organizations as appropriate;

e. Establish, maintain and, as appropriate, publish relevant databases for the operation of the Antarctic Treaty and the Protocol;

f. distributes all other relevant information to Parties and disseminates information on activities in Antarctica;

g. shall maintain, maintain and publish, as appropriate, the records of the RCTAs and CPAs and other meetings held under the Antarctic Treaty and the Protocol;

h. facilitate the availability of information on the Antarctic Treaty system;

i. prepare reports on their activities and submit them to the RCTA;

j. shall assist the RCTA in its consideration of the status of recommendations and measures adopted in accordance with article IX of the Antarctic Treaty;

k. under the leadership of the RCTA, it will assume responsibility for maintaining and updating a "Manual" of the Antarctic Treaty system; and

l. perform other functions relevant to the objectives of the Antarctic Treaty and the Protocol as determined by the RCTA.

ARTICLE 3

Executive Secretary

1. The Secretariat will be headed by an Executive Secretary who will be appointed by the RCTA among candidates who are nationals of the Consultative Parties. The procedure for the selection of the Executive Secretary will be set by a Decision of the RCTA.

2. The Executive Secretary shall appoint essential staff members to carry out the functions of the Secretariat and employ experts as appropriate. The Executive Secretary and other staff members shall act in accordance with the procedures, terms and conditions set out in the Staff Regulations, which shall be adopted by a Decision of the RCTA.

3. During the intersessional period, the Executive Secretary will consult in accordance with the Rules of Procedure.

ARTICLE 4

Budget

1. The Secretariat will operate in an efficient manner in relation to its expenditures.

2. Representatives of all the Consultative Parties present at the RCTA shall approve the budget of the Secretariat.

3. Each Advisory Party shall contribute to the budget of the Secretariat. One half of the budget will be made up of contributions from the Consultative Parties on an equal basis. The other half of the budget will come from contributions from the Consultative Parties based on the dimension of their national activities in Antarctica, taking into account the capacity to pay for each.

4. The calculation method of the scale of contributions is part of Decision 1 (2003) and the Table annexed to it. The RCTA may amend the proportions in which the two criteria mentioned above will apply and the method of calculating the scale of contributions through a Decision.

5. Any Contracting Party may make a voluntary contribution at any time.

6. The Financial Regulations shall be adopted by a Decision of the RCTA.

ARTICLE 5

Legal capacity, privileges and immunities

1. The legal capacity of the Secretariat as an organ of the RCTA, as well as its privileges and immunities and those of the Executive Secretary and other personnel in the territory of the Argentine Republic, shall be established in the Headquarters Agreement of the Secretariat of the Antarctic Treaty (the Headquarters Agreement) adopted by the present and attached to the present Measure, to be held between the RCTA and the Argentine Republic.

2. The RCTA hereby authorizes the person holding the Presidency to sign the Headquarters Agreement on behalf of the President at the time of entry into force of this Action.

3. The Secretariat may exercise its legal capacity in accordance with Article 2 of the Headquarters Agreement only to the extent that it is authorized by the RCTA. In the framework of the budget approved by the RCTA and in accordance with any other decision of the RCTA, the Secretariat is hereby authorized to recruit, acquire and dispose of movable property in order to carry out its functions, as set out in Article 2 of this Measure.

4. The Secretariat may not acquire or dispose of real property or prosecute without the prior approval of the RCTA.

Annex

SEDE AGREEMENT FOR THE SECRETARIAT OF ANARTIAL TREATY

The Antarctic Treaty Consultative Meeting (RCTA) and the Argentine Republic,

Convinced of the need to strengthen the Antarctic Treaty system;

Taking into account the special legal and political situation of Antarctica and the special responsibility of Antarctic Treaty Consultative Parties to ensure that all activities in Antarctica are consistent with the purposes and principles of the Antarctic Treaty and the Protocol to the Antarctic Treaty for the Protection of the Environment;

Taking into account Decision 1 (2001) of the XXIV RCTA and Measure 1 (2003) of the XXVI RCTA on the Secretariat of the Antarctic Treaty in Buenos Aires, Argentina;

Wishing to enable the Secretariat as an RCTA body to fully and efficiently meet its objectives and purposes; and

Wishing to define the legal capacity of the Secretariat as an organ of the RCTA, as well as its privileges and immunities and those of the Executive Secretary and other staff members in the territory of the Argentine Republic;

They agreed on the following:

Article 1 - Definitions

For the purposes of this Agreement:

a. "Antarctic Treaty" or "the Treaty" means the Antarctic Treaty made in Washington on December 1, 1959.

b. "Relevant conditions" means the national, provincial or local authorities of the Argentine Republic in accordance with the laws of the Argentine Republic;

c. "Files" means all correspondence, documents, manuscripts, photographs, memory of computer data, films, recordings and any other record, in paper, electronics or any other format belonging to or in charge of the Secretariat;

d. "Committee for the Protection of the Environment" or "CPA" means the Committee established under Article 11 of the Protocol.

e. "Delegated" means Representatives, alternate representatives, advisers and any other person representing the States Parties;

f. "Executive Secretary" means the Executive Secretary appointed by the RCTA to direct the Secretariat in accordance with the instrument established by the Secretariat;

g. "Expert" means the person employed to undertake short-term or temporary projects on behalf of the Secretariat or to participate in the work or fulfil a mission on behalf of the Secretariat without necessarily receiving a remuneration from the Secretariat, but does not include staff members;

h. "Government" means the Government of the Argentine Republic;

I. "Sede" means the premises, including the properties or parts of the properties and the corresponding land, regardless of their property, occupied by the Secretariat for the performance of their official activities;

j. "Official activities" means all activities carried out in accordance with the Treaty and the Protocol, including the administrative tasks of the Secretariat;

k. "Protocol" means the Protocol to the Antarctic Treaty on the Protection of the Environment, done in Madrid on 4 October 1991;

l. "Secretariat" means the Secretariat of the Antarctic Treaty, established as a permanent body of the RCTA;

m. "Member of staff" means the Executive Secretary and all other persons appointed to work in the Secretariat and subject to the Staff Regulations, but does not include persons hired locally and paid for working hours.

n. "States Parties" means the States Parties to the Antarctic Treaty.

Article 2 - Legal capacity

The Secretariat, as an organ of the RCTA, has legal personality and capacity to carry out its functions in the territory of the Argentine Republic. It has, in particular, the capacity to hire, acquire and dispose of movable and immovable property and to initiate and be a party to judicial proceedings. The Secretariat may exercise its legal capacity only to the extent authorized by the RCTA.

Article 3 - Headquarters

1. The Headquarters of the Secretariat shall be inviolable and shall be under the full authority of the Secretariat.

2. The Government will provide a cost-free lease in Buenos Aires suitable for Headquarters.

3. The Government shall take all appropriate measures to protect the Headquarters from any intrusion or damage and to prevent any detriment of its dignity.

4. The Government will make the necessary arrangements for the relevant authorities to provide to Headquarters available public services, such as electricity, running water, sewage, gas, mail, telephone, telegraph, drainage, garbage collection and fire protection, under conditions not less favourable than those enjoyed by diplomatic missions in the Argentine Republic.

5. Through the RCTA, the Secretariat will inform the Government of the need to make any changes in the location or extension of its permanent premises or archives and any other temporary use of the premises for the conduct of its official activities. In cases where the Secretariat uses or occupies a premises other than that established in accordance with paragraph 2 above for the conduct of its official activities, the premises shall, with the Government ' s agreement, have the status of official premises of the Secretariat. Where any permanent or temporary change of premises of the Secretariat is made in accordance with this paragraph, any additional premises occupied by the Secretariat should not necessarily be provided by the Government without rental charges.

6. Without prejudice to the provisions of this Agreement, the Secretariat shall not permit its Headquarters to become a refuge for persons who are attempting to prevent their arrest or the execution of a court order or for those who have issued an extradition or deportation order.

7. Relevant authorities may enter Headquarters in the exercise of their functions only with the consent of the Executive Secretary and in accordance with the conditions which he or she provides. The Executive Secretary shall be deemed to have given his consent in the event of a fire or other exceptional emergency requiring immediate protection.

Article 4 - Immunities

1. Subject to the provisions of the Treaty, the Protocol or the present Agreement, the activities of the Secretariat in the Argentine Republic shall be governed by Argentine domestic law consistent with international law.

2. Within the framework of its official activities, the Secretariat, as an RCTA body, and its local and active assets shall enjoy immunity from jurisdiction in judicial and administrative proceedings, except:

(a) to the extent that RCTA expressly renounces such immunity;

(b) with respect to any contract for the provision of goods or services and any loan or other transaction for the acquisition of financing and any other guarantee or caption with respect to any of these transactions or any other financial obligation;

(c) With regard to a civil action involving a third party, for death, damage or bodily injury resulting from an accident caused by a motor vehicle belonging to or used by the Secretariat, to the extent that such compensation cannot be recovered from an insurance company;

(d) with respect to a traffic violation involving a motor vehicle belonging to or used by the Secretariat;

(e) In the case of an embargo on salaries, salaries or other emoluments owed by the Secretariat;

(f) with respect to a counterclaim directly related to the procedures initiated by the Secretariat;

(g) with respect to any claim for real estate in the Argentine Republic; and

(h) With regard to judicial actions based on the status of the Secretariat as heir or legatory of properties located in the Argentine Republic.

3. The assets, premises and assets of the Secretariat shall enjoy immunity from any form of restrictions or controls such as requisition, confiscation, expropriation or embargo. They shall also enjoy immunity from any other form of administrative or judicial restriction, except motorized vehicles belonging to or operated by the Secretariat, which shall not enjoy immunity from administrative restrictions that are temporary in relation to the prevention or investigation of accidents in which they have been involved.

4. None of the provisions of this Agreement shall impair the immunity enjoyed by States in the territory of other States, nor shall it be interpreted as waiver thereof.

Article 5 - Purpose of privileges and immunities and renunciation of the same

1. The privileges and immunities established in this Agreement are granted to ensure the free functioning of the RCTA and the Secretariat as well as the full independence of the persons to whom they have been agreed. They are not granted for personal benefit.

2. Except as provided in paragraph 3 below, the RCTA may waive the privileges and immunities granted under this Agreement. They should renounce them in the particular case where the privilege or immunity in question impeded the course of justice and could be waived without prejudice to the purposes for which they were granted.

3. In the case of the Delegates, the States Parties they represent may waive their privileges and immunities provided for in this Agreement.

Article 6 - Archives

The Archives will be inviolable.

Article 7 - Flag and emblem of the Treaty

The Secretariat shall have the right to display the flag and emblem of the Treaty in the premises and means of transport of the Secretariat and the Executive Secretary.

Article 8 - Exemption of direct taxes

Within the framework of its official activities, the Secretariat, its assets, premises and assets, and its income (including contributions made to the Secretariat as a result of any agreement reached by States Parties) shall be exempt from all direct taxes, including income tax, capital gain tax and all State taxes. The Secretariat shall be exempt from the payment of municipal taxes except for those which constitute the payment of specific services provided in accordance with Article 3, paragraph 4.

Article 9 - Exemption of payment of customs and consumer rights and the tax on added value

1. The goods used by the Secretariat that are necessary to carry out its official activities (including the publications of the RCTA, the motorized vehicles and the items for official baggage) will be exempt from the payment of all customs and consumer rights.

2. The Secretariat shall be exempt from the aggregate value tax or similar taxes on goods and services, including publications and other information material, motorized vehicles and official baggage items, if the goods acquired by the Secretariat are thus required for official use.

Article 10 - Exemption of restrictions and prohibitions

Property imported or exported for the official activities of the Secretary shall be exempt from any prohibition or restriction applicable to such property on the basis of their national origin.

Article 11 - Sale

The assets acquired or imported by the Secretariat to which the exemptions provided for in Article 9 above are applied and the assets acquired or imported by the Executive Secretary or other staff members to which the exemptions from Articles 16 or 17 are applied may not be given, sold, provided, rented or disposed of in any other way in the Argentine Republic, except under the conditions agreed in advance with the Government.

Article 12 - Currency and change

The Secretariat shall be exempt from any monetary or exchange restrictions, including funds, currency and securities received, acquired, possessed or transferred. The Secretariat may also handle bank accounts and others for official use, without restrictions, in any currency, and may freely transfer them within the Argentine Republic or to any other country.

Article 13 - Communications

1. With regard to its official communications and the transfer of all its documents, the Secretariat would enjoy treatment no less favourable than that generally accorded by the Government to any other Government, including its diplomatic mission, on priorities, contributions and taxes on correspondence and all forms of telecommunications.

2. The Secretariat may use any appropriate means of communication, including encrypted messages. The Government shall not impose any restrictions on the official communications of the Secretariat or the circulation of its publications.

3. The Secretariat may install and use radio transmitters with the consent of the Government.

4. Official correspondence and other official communications of the Secretariat shall not be subject to censorship and shall enjoy all guarantees granted by Argentine domestic law.

Article 14 - Publications

The import and export of publications or other information material of the Secretariat in the framework of its official activities shall not be subject to any restrictions.

Article 15 - Privileges and immunities of delegates

1. Delegates of States Parties, while remaining in the Argentine Republic to exercise their official functions, shall enjoy the privileges and immunities of diplomatic agents, in accordance with the Vienna Convention on Diplomatic Relations of 18 April 1961.

2. The clause in paragraph 1 above shall govern irrespective of the relations between Governments representing individuals and the Argentine Government, without prejudice to any additional immunity to which such persons may have a right in the Argentine Republic.

3. The privileges and immunities referred to in paragraph 1 above shall not apply to any Government delegate or to Argentine citizens or permanent residents of the Argentine Republic.

4. The Government shall treat the Delegates with due respect and shall take all necessary measures to prevent any attack on their person, liberty and dignity. In cases where an offence against a Delegate appears to have been committed, the case will be taken in accordance with the Argentine legal procedures to investigate the matter and ensure that measures are taken with regard to the prosecution of the alleged offender.

Article 16 - Executive Secretary

In addition to the privileges, immunities, exemptions and facilities provided for in Article 17 below, the Executive Secretary, unless he is an Argentine citizen or a permanent resident in the Argentine Republic, shall enjoy the privileges, immunities, exemptions and facilities to which a diplomatic agent has the right in Argentina, including privileges, immunities, exemptions and facilities for members of his permanent family who form "part of his home, to Argentina.

Article 17 - Staff members

1. Staff members of the Secretariat:

(a) Even after the termination of their services to the Secretariat, they shall enjoy immunity in trials and other judicial or administrative proceedings or judicial orders with respect to acts and acts performed by them in the exercise of their official functions, including written or spoken expressions;

(b) However, the immunities provided for in the preceding subparagraph shall not apply in the case of violations committed by the staff member or the Executive Secretary with a motorized vehicle, or in the case of civil or administrative proceedings due to death, damage or personal injury caused by a motorized vehicle belonging to the staff member or driven by him or her to the extent that the compensation cannot be recovered from an insurance company;

(c) are exempt from any obligation with respect to military service and any other type of compulsory service, unless they are Argentine or permanent residents of the Argentine Republic;

(d) shall be exempt from the application of laws relating to the registration of aliens and immigration;

(e) Unless they are Argentines or permanent residents of the Argentine Republic, they shall be granted the same exemption from monetary and exchange restrictions that are granted to a comparable staff member of an international agency in the Argentine Republic;

(f) unless they are Argentine or permanent residents of the Argentine Republic, they shall be exempt, at the time of assuming for the first time their duties in the Argentine Republic, from the payment of customs and other charges (except for payment for services) with respect to the importation of furniture, motors and other personal effects of their property or possession or that they have been ordered by them, for their personal use or for their establishment. Such assets shall be imported within six months of the first entry of the staff member to the Argentine Republic, but in exceptional circumstances the Government shall grant an extension of this period. Property acquired or imported by staff members to whom the exemptions provided for in this sub-paragraph are applied may not be given, sold, rendered, leased or disposed of in any other way except under the conditions previously agreed with the Government. Furniture and personal effects may be exported free of rights when the staff member, at the end of his official duties, departs from the Argentine Republic;

(g) shall be exempt from all income taxes received from the Secretariat. This exemption shall not apply to staff members who are Argentine or permanent residents of the Argentine Republic;

(h) Repatriation mechanisms similar to those granted to representatives of international agencies in times of international crisis; and

(i) enjoy inviolability with respect to any form of personal arrest or detention or seizure of personal baggage unless they are Argentine or permanent residents of the Argentine Republic.

2. The privileges and immunities enjoyed by a staff member in accordance with subparagraphs (c), (d), (e), (f), (h) and (i) of the preceding paragraph 1 shall also apply to members of their family who are part of their home, unless they are Argentine or permanent residents of the Argentine Republic.

Article 18 - Experts

In the exercise of their functions, the experts shall enjoy the following privileges and immunities to the extent necessary for the performance of their functions, including during trips in the Argentine Republic to that end:

(a) Immunity in trials and any other judicial or administrative proceedings or court order in respect of acts and acts performed by them in the exercise of their official functions, including written or spoken expressions. This immunity does not apply, however, in the event of an infringement committed by an expert motorized vehicle, or in the case of civil or administrative proceedings due to death, damage or personal injury caused by a motorized vehicle of your property or handled by it or it to the extent that the compensation cannot be recovered from an insurance company. Such immunity shall remain in force after the expert has ceased to function in relation to the Secretariat;

(b) Inviolability of all official papers and documents and other official materials related to the performance of the functions of the Secretariat;

(c) unless they are Argentines or permanent residents in the Argentine Republic, they shall be granted the same exemption from monetary and exchange restrictions as granted to a representative of a foreign government on temporary mission in the Argentine Republic on behalf of that government; and

(d) unless they are Argentine citizens or permanent residents of the Argentine Republic, they shall enjoy immunity from arrest and detention and seizure of personal baggage.

Article 19 - Visas

1. All persons who have official business with the Secretariat (i.e., the Delegates and members of their family who are part of their home, the members of the Secretariat staff and any family members who are part of their home, and the experts mentioned in Article 18 above, shall have the right to enter, stay and leave the Argentine Republic.

2. The Government shall take all necessary measures to facilitate the entry into the Argentine Republic, the stay in that territory and the departure of all persons mentioned in paragraph 1 above. Visas shall be granted, if required, without waiting or delay, and without tariffs, when a certificate is presented that the applicant is a person described in paragraph 1 above. In addition, the Argentine Government will facilitate the movement of such persons within the territory of the Argentine Republic.

Article 20 - Cooperation

The Secretariat shall cooperate fully and at all times with the relevant Authorities in order to avoid any abuse of the privileges, immunities and facilities provided for in this Agreement. The Government reserves its sovereign right to take reasonable measures to preserve security. None of the provisions of this Agreement precludes the application of laws necessary for the preservation of health or the establishment of quarantines or, as far as the Secretariat and its officials are concerned, of law and order.

Article 21 de Notification of appointments, identity documents

1. The RCTA shall notify the Government when the Executive Secretary has been appointed and shall disclose the date on which he or she assumes or leaves office.

2. The Secretariat shall notify the Government when a staff member assumes or resigns from office or when an expert begins or terminates a project or mission.

3. The Secretariat will send to the Government twice a year a list of all experts and staff members and family members who are part of their home in the Argentine Republic. In each case, the Secretariat will indicate whether it is Argentine citizens or permanent residents in the Argentine Republic.

4. The Government shall issue to all staff members and experts, as soon as practicable after notification of appointment, a card with the photograph of the holder identifying him/her as a member of the staff or expert/as appropriate. Such a card shall be accepted by the relevant Authorities as proof of identity and appointment. Family members who are part of their home will also receive an identity card. When the staff member or expert ceases to function, the Secretariat shall return to the Government its identity document together with the identity documents handed over to family members who are part of their home.

Article 22 - Consultations

The Government and the Secretariat as an RCTA body shall consult at the request of any of them on matters arising under this Agreement. If any of these issues are not resolved soon, the Secretariat will forward them to the RCTA.

Article 23 - Amendment

This Agreement may be amended by agreement between the Government and the RCTA.

Article 24 - Dispute settlement

Any dispute concerning the interpretation or application of this Agreement shall be resolved by consultation, negotiation or any other mutually acceptable method, which may include recourse to binding arbitration.

Article 25 - Entry into force and termination

1. This Agreement shall enter into force at the time of signature.

2. This Agreement may be terminated by written notification by any Party. Termination shall take effect two years after receipt of such notification unless otherwise agreed.

HECHO in Madrid, 16 June 2003, in Spanish, French, English and Russian, all texts being equally authentic.