Institutional Relations And Privileges And Immunities (O.p.n. - O.m.s.) - Full Text Of The Norm

Original Language Title: CONVENIOS RELACIONES INSTITUCIONALES Y PRIVILEGIOS E INMUNIDADES (O.P.N. - O.M.S.) - Texto completo de la norma

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
CONVENTIONS Law 26.256 Approve the Basic Convention between the Government of the Argentine Republic and the Pan American Health Organization/World Health Organization on Institutional Relations and Privileges and Immunities, signed in Buenos Aires on 16 June 2005. Sanctioned: April 25, 2007. In fact promulgated: May 21, 2007.

The Senate and Chamber of Deputies

of the Argentine Nation gathered in Congress, etc.

forcefully sanctioned

Law:

ARTICLE 1 Appropriate the BASICO Convention between the Government of the ARGENTINA REPUBLIC and the PANAMERICAN HEALTH/GANIZATION OF THE HEALTH ON INSTITUTIONAL RELATIONS AND PRIVILEGES AND INMUNITIES, signed in Buenos Aires on June 16, 2005, which consists of TOURSE

ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTICINCO DIAS OF THE MONTH OF APRIL OF THE YEAR DOS MIL SIETE.

# 26,256

ALBERTO E. BALESTRINI. . JOSE J. B. PAMPURO. . Enrique Hidalgo. . Juan H. Estrada.

BASICO CONVENTION

ENTRE

THE GOVERNMENT OF THE ARGENTINA REPUBLIC

And

THE PANAMERICAN ORGANIZATION OF HEALTH / ORGANIZATION

WORLD OF HEALTH

ON THE

INSTITUTIONAL AND PRIVATE RELATIONS AND INMUNITIES

The Government of the Argentine Republic, henceforth called "the Government", and the Pan American Health Organization, henceforth called "the Organization";

Wishing to comply with the terms of the Constitutions of the Pan American Health Organization and the World Health Organization and with the resolutions of its governing bodies on technical cooperation;

To determine the privileges and immunities that the Government will grant to the Organization to facilitate the performance of its functions and establish its responsibilities;

They agreed to the following:

CHAPTER I

OF THE JURIDIC PERSONALITY AND CAPACITY OF THE ORGANIZATION

Article 1

The Organization is a public international body governed by its own legislation, within the Western Hemisphere and with full legal personality.

The Pan American Sanitary Office (OSP) is the Administrative Body of the Organization and also serves as the Regional Office of the World Health Organization (WHO) for the Western Hemisphere, under the Agreement signed between PAHO and WHO on 24 May 1949, which entered into force on 1 July of the same year. Under this Agreement, the Organization serves as a specialized agency of the United Nations for the Western Hemisphere.

In accordance with the Charter of the Organization of American States (OAS) and its Protocol of Buenos Aires and by Agreement signed with the OAS on May 23, 1950, the Organization is recognized as an Inter-American Specialized Agency.

Article 2

"The Board of Directors" will be covered by this Basic Convention: The World Health Assembly and the Executive Council of WHO regarding the Region of the Americas, the Pan American Sanitary Conference, the Board of Directors of the Organization and the Executive Committee of the Board of Directors. The Conference and the Council also serve as the WHO Regional Committee for the Americas, pursuant to the Agreement between the Organization and WHO referred to in the preceding Article.

The Director of the Pan American Sanitary Office, who is at the same time the Regional Director of the World Health Organization in the Americas Region, will be included in this Convention.

Article 3

The Government recognizes the Organization ' s international legal personality and all the rights, powers and powers which it has as an international body.

Article 4

The Organization, in accordance with its legal status, is empowered to:

a. Celebrate all types of contracts;

b. Provide financial resources, movable and immovable property;

c. Acquire, sell, lease, improve or manage any property;

d. Introducing judicial and administrative proceedings, where appropriate, in the interests of the country, and may waive the immunity of jurisdiction enjoyed in the country as an international body;

e. Accept special contributions, heritages, legacies and donations, provided that they are consistent with their nature and purposes;

f. Take other measures or take other actions that are necessary for the performance of their functions.

Article 5

Technical cooperation relations between the Government and the Organization shall be subject to the terms and spirit of this Basic Convention, which shall apply to any form of technical cooperation between the Government and the Organization and to any other agreement relating to such cooperation.

In order to strengthen and facilitate the development of technical cooperation activities in the country, the Organization may agree on its cooperation with public or private institutions, in accordance with the Government, in areas, topics or disciplines related to health.

In addition, the Organization may, under the same conditions mentioned above, enter into agreements with the institutions referred to in the preceding paragraph to carry out technical cooperation activities between countries through the mobilization of national resources for this purpose.

CHAPTER II

OF PRIVILEGIES AND INMUNITIES OF THE ORGANIZATION

Article 6

The Organization, as an international agency it is, shall enjoy in the territory of the Argentine Republic all the privileges and immunities granted by the Government to the United Nations and the Organization of American States, any other that are granted to other international bodies accredited in the country and those provided for in this Basic Convention.

Article 7

In the performance of its specific functions, the Organization and its governing bodies will enjoy the independence and freedom of action of international agencies in the Argentine Republic.

Article 8

The Organization, as well as its assets and assets; anywhere and in the hands of any person, shall enjoy immunity from any judicial and administrative procedure and shall not be subject to registration, embargo or any other enforcement measure except in the event that this immunity is expressly waived by the Director. It shall be understood that such waiver of immunity shall not have the effect of subjecting the above-mentioned property and shall be to any measure of enforcement.

Article 9

The premises, archives and all documents belonging to the Organization shall be inviolable. These, their assets and property, wherever they are, shall enjoy immunity from search, requisition, confiscation, expropriation and any other form of intervention, either executive, administrative, judicial or legislative.

Article 10

The Organization, as well as its assets, income and other assets, shall be:

a. Exempts of any kind of taxes or contributions, present or future, direct or indirect, such as sales or added value, which are normally incorporated into the price of goods and services;

b. Exempts of customs duties or equivalent charges and any other tax, fee, contribution, storage, harbour movement, present or future prohibition or restriction on goods, articles, publications and vehicles that are imported for official use or for use in national institutions. Items and vehicles that are imported for official use may be sold in the country, in accordance with the conditions agreed with the Government, which shall be no less favourable than those established for resident diplomatic missions, without requiring reciprocity status in such cases. The exemptions provided for in this subparagraph shall not apply to services whose exploitation is privatized, in which case the payment shall be due.

Article 11

Without being affected by tax provisions, laws, regulations or moratoriums of any kind, the Organization:

a. You may have gold, funds in foreign currency and values and carry your accounts in any currency;

b. You will be free to transfer your funds within and outside the country, as well as to convert to any other currency or value the ordinary currency in your power;

c. You will have the right to exchange currency to national currency on the market and to the exchange that is legally more favourable to you.

In the exercise of these rights, the Organization shall pay due attention to any recommendation of the Government, provided that it considers that it may be taken into account without prejudice to its interests and responsibilities as an international body.

Article 12

The Organization shall enjoy in Argentina favourable treatment in its official communications, not less favourable to that accorded to the diplomatic missions accredited in the country, in terms of priorities, fees, over-taffs, fees or taxes for letters, cables, telex, telegrams, radiotelegrams, telephones and other media, as well as in press rates for information materials intended for advertising in any medium.

No censorship shall be applied to the correspondence or other official communications of the Organization.

Article 13

The Organization shall have the right to use codes, as well as to dispatch and receive mails or stamped bags, which shall enjoy the privileges and immunities of diplomatic mails or pouch.

CHAPTER III

OF THE PRIVILEGES AND INMUNITIES OF THE PERSONAL

Article 14

The Director, from the moment of his election and as long as his term of office lasts, shall enjoy respect for the acts proper to the exercise of his functions, all recognized immunities, privileges and franchises to the heads of diplomatic missions with the rank of ambassador, accredited to the Government. Such immunities, privileges, exemptions and franchises shall not be less than those recognized by the Vienna Convention on Diplomatic Relations and International Costume and other laws in this area, and it is established that when they are conditioned on the treatment of interstate reciprocity, such requirement shall not be required.

Article 15

The spouse, children and dependants of the Director shall enjoy the same immunities and privileges as members of the family of diplomatic agents, with the same conditions and conditions established for them in the Vienna Convention on Diplomatic Relations and the International Customs.

Article 16

Officials of the Organization, including advisers engaged in the provision of technical cooperation services in the country, shall enjoy immunity from any administrative or 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, even after they have been completed. In addition, they shall be exempt from all types of taxes and contributions on the salaries and emoluments paid by the Organization, and their baggage and documents shall be inviolable, both at the entry and departure of the country.

Article 17

Staff members of the Organization other than Argentine nationality:

a. They shall enjoy, together with their spouses, children and relatives of their dependence, immunity from any compulsory national service;

b. They will receive both their spouses, children and relatives of their dependence, all the facilities granted to diplomatic agents in the field of immigration and registration of aliens, of repatriation in times of international crisis;

c. With regard to the international movement of funds, franchises and treatment identical to that enjoyed by diplomatic agents accredited to the Government;

d. They may import and export through franchise, free of all types of taxes, fees, fees, contributions, storage, harbour and other related movements, present and future, as well as of the requirements of the capacity and liquidation, the baggage, luggage, furniture and other necessary effects that are of personal or family use. This provision shall also apply to the effects and disposals, which are brought as unaccompanied baggage in one or more shipments, provided that they enter the country within six months of the arrival of the holder. The exemptions provided for in this subparagraph shall not apply to services whose exploitation is privatized, in which case the payment shall be due.

e. They will perform franchise to import, free of all types of taxes, fees, fees, contributions, storage, harbour movement and other related, vehicles for their particular use, as well as spare parts, under the same conditions as indicated for diplomatic personnel accredited in the country. These conditions shall be governed by the existing laws and decrees in the matter, taking on the most favorable ones, being established that when these laws or decrees are conditioned on the treatment of state reciprocity, this requirement shall not be required. Such vehicles may be sold prior to the implementation of the period of use established by the Government, free of all types of taxes, in the event of the termination of the staff member ' s duties in the country, by transfer, death, permanent physical disqualification in the exercise of his or her post, or other grounds of force majeure. The exemptions provided for in this subparagraph shall not apply to services whose exploitation is privatized, in which case the payment shall be due.

f. They may also import in reasonable quantities items for their personal or household use or consumption, for themselves and members of their family, during their stay in the country;

g. They may export at the end of their mission in the country, free of all kinds of taxes, their household items, their personal and family baggage and the vehicle of their property;

h. They shall have the right to bear, both they and their families, the respective document identifying them as international officials accredited in the country.

I. Staff members who are Argentine or foreign nationals with permanent residence in the Argentine Republic: (a) They may export their property and personal effects free of customs duties, taxes and other charges, when designated or contracted by the Organization to perform functions abroad; (b) They may import their personal effects and objects of domestic use, except motors, ships and aircraft, duty-free, taxes and other charges within six months of their arrival, when they return to the country for retirement, withdrawal or completion of a mission carried out abroad by the Organization, provided that it has not been less than one year.

The privileges and facilities agreed in subparagraphs (b), (c), (d), (e), (f), (g) and (h) shall not be accorded to Argentine citizens or to foreigners with permanent residence in the Argentine Republic.

Article 18

The Director of the Organization shall inform the Government of the payroll of the officials of the organization to those who correspond the privileges and immunities stipulated in the preceding articles.

CHAPTER IV

OF THE NATURE OF PRIVILEGIES AND INMUNITIES

Article 19

Privileges and immunities are granted to the officials of the Organization to safeguard their independence in the exercise of their functions and exclusively in the interests of the institution. The Director may lift immunity from any official, when he considers that he is obstructing the course of justice and that the waiver shall not prejudice the interests of the Organization.

Article 20

The Organization shall cooperate at all times with the competent authorities of the country to facilitate the proper administration of justice, to ensure compliance with the transit, police, health and regulations and to prevent any abuse occurring in relation to the privileges and immunities referred to in this Basic Convention.

Article 21

The Government will grant the Organization, its Representative and the rest of its staff the benefits more favourable than in respect of immunities, privileges or privileges, to grant, in the future, other international agencies or their staff.

CHAPTER V

OF VIEW FACILITIES

Article 22

The Government shall take all necessary measures to facilitate the entry, residence or stay in the country and the departure thereof, to persons who are to deal with official matters with the Organization, namely:

a. Officials of the Organization: The visa applications of the staff of the Organization and of their families shall be addressed by the competent authorities of the Government, as soon as possible;

b. Advisers to carry out missions in the country on behalf of the Organization, without consideration of their nationalities;

c. Representatives of the Organization ' s Steering Corps, irrespective of the relationship between their respective countries and the Argentine Republic.

d. During their stay in the country, the members of the Steering Bodies shall enjoy inviolability of any document, immunity from any judicial or administrative procedure related to any act, performed or written expression manifested in the exercise of their functions;

e. Participants and fellows selected in accordance with the Organization ' s rules of procedure for conducting studies or attending meetings, conferences, seminars or international courses sponsored by the Organization in the country.

f. The Government shall authorize the corresponding visas in a timely manner, regardless of the relations between the respective countries of which such participants and fellows are nationals and the Argentine Republic;

g. In response to the purpose of the service, the national or international travel of the Organization ' s officials and advisers, the members of the Boards and the persons entering the country to participate in meetings, conferences, seminars or other activities of the Organization shall not be subject to the payment of taxes or fees of ports, airports or shipments, unless the exploitation of such services is privatized, in which case it will be due to payment. This provision will also reach the family members of the officials and persons mentioned above.

Rule 23

The Government will recognize the "Laissez-Passer" of the United Nations as a sufficient valid document for the country ' s entry and departure of the Organization ' s officials.

Article 24

None of the above provisions excludes the application of health or quarantine regulations.

CHAPTER VI

REPRESENTATION OF THE ORGANIZATION

Article 25

The Organization shall exercise its technical cooperation functions through its representation in the country.

The Representation shall be headed by the official designated by the Director, who shall be responsible, by delegation of the Director, for the legal representation of the Organization in the Argentine Republic.

Article 26

The Representation will have as its main functions: to represent the Director before the national authorities, for which purpose it will be the main channel of communication and relations between the Government and the Organization in any matter related to the technical cooperation programmes in the country; to coordinate the technical-scientific cooperation activities and operations of the Organization and to fulfil those other tasks that best serve the purposes and purposes of the Organization in general, and of the country in particular.

CHAPTER VII

OF TECHNICAL COOPERATION

Article 27

Requests for technical cooperation shall be submitted by the Government to the Organization through the Representative of the Organization in the Argentine Republic, and shall conform to national priorities and resolutions and decisions of the Organization ' s governing bodies. The Government will provide the Organization with all the information and conditions necessary to evaluate such requests.

Rule 28

The Government and the Organization, on the basis of requests received from the Government and approved by the Organization and subject to budgetary constraints and the availability of funds, shall formulate mutually acceptable work plans for the implementation of the Technical Cooperation Programmes.

CHAPTER VIII

of the Organization

Rule 29

The technical cooperation of the Organization may consist of:

a. Technical advice: to facilitate advisory services, selected by the Organization in consultation with the relevant national authorities. In carrying out their functions, the advisers shall act in direct consultation with the Government and with the persons or bodies authorized to do so by the Government, but shall be accountable only to the Organization and shall be under its direction and supervision;

b. Seminars, training programmes, demonstration projects, expert working groups and related activities to be organized and conducted by the Organization alone or jointly with national entities at mutually agreed locations;

c. Fellowships or other arrangements by which candidates nominated by the Government and approved by the Organization shall study or receive training abroad or within the country;

d. Pilot projects, trials, experiments or research to be prepared and carried out in mutually agreed locations;

e. Supplies and materials essential to the good progress of technical cooperation programmes, to be provided on a mutually agreed basis;

f. Scientific and technological information;

g. Any other form of technical cooperation to which the Government and the Organization may agree.

Article 30

The advisers provided by the Organization will endeavour to transfer to national staff their knowledge, technologies and experiences, to train them in the professional methods, techniques and practices employed and the principles on which they are based.

Rule 31

The technical equipment, materials and supplies provided by the Organization will continue to be owned, except when the transfer was made in accordance with the current policy determined by its Steering Bodies.

Rule 32

The Government and the Organization will consult with each other on the publication of findings and reports related to technical cooperation programmes, which may be useful to other countries and the Organization.

Rule 33

The Organization, within its budget constraints, shall bear in whole or in part, as mutually agreed, the costs of technical cooperation to be paid outside the country, namely:

a. Salaries and daily subsistence allowance, including subsistence allowance, advisers;

b. The cost of travel of advisers outside the country and the corresponding insurance costs;

c. The acquisition and transportation from and to the entry point of the materials and supplies provided by the Organization.

d. Other costs required for the provision of technical cooperation approved by the Organization.

Where agreed between the Parties, the Organization shall bear, in national currency, local expenditures that are not funded by the Government.

CHAPTER IX

OF GOVERNMENT COMMITMENTS

Rule 34

The Government will be responsible for the implementation of technical cooperation programmes and will do its utmost to ensure their efficient and effective development.

In particular, it will work actively with the Organization to collect and compile findings, data, statistics and other information that will enable the Organization to analyse and evaluate the results of technical cooperation programmes and allow access to its premises for that purpose.

The Government, at the request of the Organization, will also facilitate the services of national officials to collaborate in the development of technical cooperation activities among developing countries (TCDC), as recommended by the governing bodies of the Organization.

Rule 35

The Government, in accordance with its potential, will contribute to the cost of technical cooperation by providing or directly providing the following elements and services:

a. The costs of local technical and administrative services, including the cooperation of local secretariat staff, translation and other related services required.

b. Offices and other premises required;

c. Equipment and supplies obtained in the country;

d. Transport of national staff, supplies and equipment required for official purposes within the country;

e. The postage and telecommunications costs for official purposes.

The Government will assume responsibility for obtaining and processing import permits for the introduction in the country free of all types of taxes, fees, fees, contributions, storage, harbour movement and other related, of the reimbursable purchases that the Organization makes for the Government, in accordance with the policies formulated by the Organization ' s Steering Corps.

The Government shall bear that portion of the expenses to be paid outside the country and not to be financed by the Organization, as mutually agreed.

Article 36

The Government may allocate financial resources in the budgets of its centralized or decentralized public agencies to be transferred to the Organization for its administration in the implementation of previously agreed projects and activities.

Rule 37

The Government shall assume responsibility for handling any claim that may be filed by third parties against the Organization, resulting from activities arising from this Basic Convention and which are made on the Government ' s behalf or with its agreement, except where such liability is due to serious or ill-treatment. The Government shall communicate to the Organization any claim it receives in this regard. The Organization shall provide the Government with all necessary elements to address any claim communicated by the Government in the terms of this article. The Organization shall assume any claim that is communicated to it by the Government in the terms of this article, when it comes from the responsibility of the Organization arising from the serious fault or ill-treatment in the conduct of the representatives, advisers, employees or agents of the Organization.

CHAPTER X

OF THE ARBITRATION

Rule 38

Any difference that may arise between the Government and the Organization on the interpretation or application of this Basic Convention, or any subsidiary convention, which cannot be settled by direct negotiations, shall be submitted to a board of three arbitrators, one of which shall be appointed by the Government, the second by the Organization, and the third, which shall assume the chairmanship, by the International Court of Justice, unless both Parties agree to resort to a different method of arbitration. The Government and the Organization agree to accept as final the decision of the Arbitration Board.

CHAPTER XI

FINAL PROVISIONS

Rule 39

This Basic Convention shall enter into force on the date of the exchange of instruments of ratification.

Article 40

This Basic Convention shall last indefinitely, but may be denounced at any time, by written communication by any Party. The complaint shall take effect six months after the date of receipt of its notification to the other Party through diplomatic channels.

Rule 41

Parties of mutual agreement and through diplomatic channels may enter into modifications or subscribing protocols or agreements resulting from this Basic Convention, which shall enter into force on the date that the Parties have in accordance with applicable domestic procedures.

Rule 42

The Organization will not be responsible if it cannot fully or partially meet its commitments for reasons of force majeure, including wars, natural disasters, civil or industrial disturbances and any other cause that escapes the intervention of the Organization.

Rule 43

This Basic Convention replaces any other document on the topics covered by it that has been signed between the Government and the Organization.

Made in Buenos Aires, on June 16, 2005, in two originals in Spanish, both equally authentic.

image