The Senate and Chamber of Deputies
of the Argentine Nation gathered in Congress, etc.
LawARTICLE 1 Appropriate the agreement of the Republic of Armenia and the MIXTA ARGENTINO-PARAGUAYA Mission of the Paraguayan RIO, which is signed in the .REPUBLICA DEL PARAGUAY el on 17 April 2001, which consists of DIECISIETE (17) articles, whose authenticated photocopy is part of this law. ARTICLE 2 . Contact the national executive branch. AL BALESTRINI ALBERT. . JOSE J. B. PAMPURO. . Enrique Hidalgo. . Juan H. Estrada. .
DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, THE NOVEMBER OF THE YEAR DOS MIL SEIS.
ALBERTO BALESTRINI. . JOSE J. B. PAMPURO. . Enrique Hidalgo. . Juan H. Estrada.
BETWEEN THE ARGENTINA REPUBLIC
COMMISSION MIXTA ARGENTINO-PARAGUAYA
OF THE PARANA RIO
The Argentine Republic, represented by Mr. Ambassador of the Argentine Republic, Mr. Félix Córdova Moyano, and the Argentine-Paraguaya Mixed Commission of the Paraná River, represented by his President of duty, Mr. Ambassador D. Julio Barberis and Mr. Delegado Ing. D. Leopoldo Lamas Marecos, bearing in mind the Convention for the Study of the Exploitation of the Paraná River of 16 June 1971, and in accordance with Article 5 of the "Administrative Technical Regulations" of the Commission, agree to sign the following Headquarters Agreement:
For the purposes of this Agreement, it is understood that:
1. CONVENTION, the Convention of 16 June 1971, signed between the Republic of Paraguay and the Argentine Republic, on the study and use of the resources of the Paraná River.
2. GOVERNMENT, the Government of the Argentine Republic.
3. COMMISSION, The Argentine-Paraguay Joint Commission of the Paraná River, created by the Convention.
4. DELEGATIONS, the Delegate and the country-designated advisers to the Commission.
5. DELEGADOS, the Delegates, one for each country, appointed by the participating countries and in accordance with the Convention of 16 June 1971.
6. ASESORES, the persons designated by each Government to integrate the respective Delegation into that character.
7. INTERNATIONAL FUNCTIONING, the person designated by the Commission to perform technical or administrative tasks.
8. PERSONAL OF THE COMIP, the person who performs in any character, or technical, administrative or mastery function and with current contract.
The Commission will have one of its headquarters in the city of Buenos Aires and an office in Posadas, in accordance with Article 5 of the "Technical-Administrative Regulation" of the Commission, approved by agreement for change of notes of 15 April 1998, between the Argentine Republic and the Republic of Paraguay.
It may also constitute offices at any other point in the Argentine Republic for as long as it deems necessary.
The Commission is an international organization with the necessary legal capacity to fulfil its specific tasks. The Commission has a legal personality of the Argentine Republic and will have the legal capacity to hire, acquire and dispose of any property title, establish administrative or judicial procedures, as well as carry out all acts related to the purpose.
The headquarters of the Commission in the Argentine Republic, its offices, premises, units, archives and documents and all its assets in general are inviolable and enjoy immunity from jurisdiction against any judicial or administrative procedure, except to the extent that the Commission expressly waives these rights. It is understood that such waiver of immunities shall not have the effect of subjecting such property to any executive measure.
The Argentine Republic shall take appropriate measures to protect the premises and property of the Commission against any intrusion or damage.
In order to resolve the disputes arising from the contracts signed by it, the relations with its staff and other acts of private law to which the Commission is a party, it shall organize an arbitral tribunal to which they shall be submitted for its resolution.
The Commission, its goods, documents and assets shall be exempt from any kind of direct taxes or contributions, whether federal, provincial, municipal or any other kind; in the same way, the acts of the Commission, as well as those of the companies or persons taking charge of the technical work of the Commission, in respect of those contracts, shall be exempt from any national, provincial or municipal taxation, in accordance with the agreement for the exchange of notes of Paraguay, The Commission may not claim any exemption from contributions or fees which, in fact, constitute remuneration for public services, unless the same exemption is granted to other similar agencies.
The Commission may import the effects of its technical and administrative functions under the same conditions and subject to the regime envisaged for the international bodies established in the Argentine Republic. Thus, it shall be exempt from customs duties, consular tariffs, prohibitions and restrictions on all goods exporting or importing for official use.
It is understood, however, that the assets that are imported free of rights will not be disposed of in the Argentine Republic, except under the conditions established by the Ministry of Foreign Affairs, International Trade and Worship of the Argentine Republic.
The Commission may: (a) have current funds or currencies of any kind and carry their accounts in the currency that, in common agreement, establish the Governments participating in the Convention; (b) freely transfer their funds or currencies from one State to another, or within the country; and (c) convert to any other currency the monetary values that it has in custody, without such transfers being affected by any moratoria provisions; (d) take their currencies into account that are of any kind;
For its official communications, the Commission shall enjoy treatment no less favourable than that accorded by the Argentine Republic to any other international agency. The Commission will also have its own diplomatic pouch.
The Commission may dictate and administer its own staff and remuneration policy. It may also have its own system of security, social insurance and retirement, revoking its participation in those established by the National Legislation. In no case can the benefits be less than those granted by the Argentine government's forecast and security regime.
The Delegate of the Republic of Paraguay, pursuant to Decree 25/70, art. 2 (d) and its amendments, shall enjoy the same regime of immunities and privileges for the heads of mission of international organizations accredited to the Argentine Republic.
Delegates from both countries, their advisers and international officials of the Commission as qualified by the Commission, shall enjoy immunity from any judicial procedure in respect of the acts they carry out and from the oral or written expressions they issue in the performance of their functions.
The Paraguayan Delegate, and the international officials of the Commission who are not citizens of the Argentine Republic or domiciled in their territory at the time of their appointment, are exempt from any compulsory national service; they will receive, both as their dependants, immigration facilities and registration of foreigners and in times of international crisis, the same repatriation facilities as diplomatic agents.
The Argentine Republic shall grant, to all those appointed, certificates of identity in which the relevant authorities of the Government of the Argentine Republic shall give them the necessary assistance for the accomplishment of the mission entrusted to them by the Convention. It will also grant family members of staff living with them, and their dependent identity certificates containing their status.
The Argentine Republic will also grant the Argentine Delegate and the international officials of the Commission, who are citizens of the country, and who are domiciled therein, identification credentials in order to establish their functions and legal status.
International officials of the Commission, who are not citizens of the Argentine Republic, or who do not have domicile in their territory at the time of their appointment, shall also be exempt from the requirement to obtain import licences and certificates of foreign exchange coverage, the payment of consular fees, import duties, export duties, taxes, and other charges applicable to the introduction to the country and the departure thereof, of their personal effects and those of their family members, In the same conditions, they can introduce a car to the country by family group. Cars thus introduced may be sold or given, under the conditions established by the regulations (Decree 25/70) for international officials accredited in the Argentine Republic.
The privileges, exemptions and benefits accorded to international officials of the Commission, who are not nationals of the Argentine Republic or do not have a domicile in their territory at the time of their appointment, shall not be less than those accorded to those of any other international organization that is carrying out similar missions in the Argentine Republic.
Privileges and immunities are granted to international officials of the Commission only in the interest of the Commission. Therefore, both Delegates of common agreement may waive the privileges and immunities granted in any case when, according to their criteria, their exercise impedes the course of justice, provided that such waiver does not prejudice the interests of the Commission.
This Agreement shall enter into force, provisionally, on the date and from the time of signature, in accordance with article 25 of the Vienna Convention on the Law of Treaties of 1969 and, definitively, on the date on which the Argentine Republic informs the Commission of its ratification, in accordance with its constitutional procedures but not before the entry into force of the Headquarters Agreement between the Republic of Paraguay and the COMIP.
This Agreement may be amended by mutual consent and may be denounced by any Party by written communication to the other Party. The complaint shall be effected in the year of such communication.
Made in the city of Asunción, capital of the Republic of Paraguay, on 17 days of April of the year two thousand one in two equally valid copies.