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Law Approving The Agreement On The Privileges And Immunities Of The International Tribunal For The Law Of The Sea, Done At New York On 23 May 1997 (1)

Original Language Title: Loi portant assentiment à l'Accord sur les privilèges et immunités du Tribunal international du Droit de la Mer, fait à New York le 23 mai 1997 (1)

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2 MARCH 2007. - An Act to approve the Agreement on the Privileges and Immunities of the International Tribunal for the Law of the Sea, made in New York on May 23, 1997 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement on the Privileges and Immunities of the International Tribunal for the Law of the Sea, made in New York on 23 May 1997, will take effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 2 March 2007.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of Justice,
Ms. L. ONKELINX
Minister of Finance,
D. REYNDERS
Minister of Mobility,
R. LANDUYT
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) 2006-2007 session:
Senate:
Documents. - Bill tabled on 18 October 2006, No. 3-1861/1 - Report, No. 3-1861/2.
Annales parliamentarians. - Discussion. Meeting of 30 November 2006. - Vote. Meeting of 30 November 2006.
House of Representatives:
Documents. - Project transmitted by the Senate, No. 51-2785/1 - Text adopted in plenary and subject to Royal Assent, No. 51-2785/2.
Annales parlementaire . - Discussion. Session of December 14, 2006. - Vote. Session of December 14, 2006.

Agreement on the Privileges and Immunities of the International Tribunal for the Law of the Sea
The States Parties to this Agreement,
Considering that the United Nations Convention on the Law of the Sea establishes the International Tribunal for the Law of the Sea,
Considering that the Tribunal shall enjoy, in the territory of each State Party, the legal capacity and privileges and immunities necessary for the performance of its functions,
Recalling that Article 10 of the Statute of the Tribunal stipulates that, in the exercise of their functions, members of the Tribunal shall enjoy diplomatic privileges and immunities,
Considering that persons participating in the proceedings and officials of the Tribunal shall enjoy the privileges and immunities necessary for them to exercise their functions independently with the Tribunal,
The following agreed:
Employment of Terms
Article 1
For the purposes of this Agreement:
(a) " Convention " means the United Nations Convention on the Law of the Sea of 10 December 1982;
(b) The Statute of the International Tribunal for the Law of the Sea is defined in annex VI to the Convention;
(c) States Parties to this Agreement shall mean,
(d) "Tribunal" means the International Tribunal for the Law of the Sea;
(e) "Members of the Tribunal" means the elected members of the Tribunal or any person chosen in accordance with Article 17 of the Statute for the purposes of a specified case;
(f) "Registrar" means the Registrar of the Tribunal or any officer of the Tribunal who serves as Registrar;
(g) The Registrar and other staff of the Registry are defined as "Tribunal staff";
(h) "Vienna Convention" means the Vienna Convention on Diplomatic Relations of 18 April 1961.
Legal personality of the Tribunal
Article 2
The Tribunal has the legal personality. It has the capacity:
(a) contract;
(b) To acquire and dispose of real property and furniture;
(c) To judge.
Inviolability of Tribunal premises
Article 3
The premises of the Tribunal are inviolable, subject to conditions that could be agreed with the State Party concerned.
Flag and emblem
Article 4
The Tribunal has the right to pick up its flag and emblem in its premises and on vehicles assigned to its official use.
Immunity of the Tribunal and its assets, assets and funds
Article 5
1. The Tribunal shall enjoy the immunity of any form of prosecution, except to the extent that it expressly waives it in a particular case. However, it is understood that a waiver of immunity cannot apply to enforcement measures.
2. The assets, assets and funds of the Tribunal, wherever they are and regardless of the holder, are exempt from search, requisition, confiscation, seizure, expropriation and any other form of constraint that is carried out by the executive, administrative, judicial or legislative authorities;
3. The assets, assets and funds of the Tribunal are exempt from any restriction, regulation, control and moratorium of any kind to the extent necessary to enable it to perform its functions;
4. The court provides third party insurance for vehicles owned or used on its behalf, as required by the laws and regulations of the State in which such vehicles are used.
Archives
Article 6
The records of the court and all documents belonging to it or in its possession are inviolable in any circumstances whatsoever. The State Party in which these archives and documents are located is informed of where they are stored.
Cases in which the Tribunal is performing its functions outside the seat
Article 7
Where the Tribunal deems it desirable to sit or otherwise perform its functions outside the seat, it may enter into an agreement with the State concerned for the provision of facilities to enable it to perform its functions.
Communications
Article 8
1. For the purposes of its communications and official correspondence, the Tribunal shall, in the territory of each State Party to the extent consistent with the international obligations of the State concerned, receive at least as favourable treatment as that granted by that State to any other intergovernmental organization or diplomatic mission in respect of the priorities, tariffs and taxes applicable to mail and various forms of communications and correspondence.
2. The Tribunal may use all appropriate means of communication and use codes or numbers for its official communications or correspondence. The Tribunal ' s official communications and correspondence are inviolable.
3. The Tribunal has the right to ship and receive correspondence and other documents or communications by courier or sealed suitcases, which benefit from the same privileges, immunities and facilities as diplomatic couriers and suitcases.
Exemption of taxes and customs duties and restrictions on import or export
Article 9
1. The court, its assets, revenues and other assets, as well as its transactions and transactions, are exempt from any direct tax. It remains understood, however, that the Tribunal will not request the exemption of taxes that actually represent the remuneration of public utility services.
2. The Tribunal is exempted from all customs duties and taxes on sales to import and exempted from all import or export prohibitions and restrictions with respect to objects imported or exported by the Tribunal for its official use.
3. The articles so imported or purchased in a free manner shall not be sold or otherwise disposed of in the territory of a State Party, unless it is under conditions approved by the Government of that State Party. The Tribunal is also exempted from any customs duties and taxes on sales to import and from any import and export restrictions and prohibitions affecting its publications.
Refund of duties and/or taxes
Article 10
1. The Tribunal does not, in principle, claim the exemption of duties and taxes in the price of movable or immovable property and taxes, collected for service provided. However, when it makes for its official use important purchases of goods and goods or services that include such fees and taxes, the States Parties shall make the appropriate administrative arrangements to exempt it from such duties and taxes or to reimburse it for the amount of fees and/or taxes paid.
2. Items so purchased in a deductible or refundable manner are not sold or otherwise disposed of, except under the conditions set out by the State Party which granted exemption or refund. No exemption or refund is granted on the basis of compensation for public utility services provided to the Tribunal.
Tax system
Article 11
1. Salaries, emoluments and allowances paid to members and officials of the Tribunal are exempt from any tax.
2. In the event that the impact of any tax is subordinate to the residence of the subject, the periods during which the members or officials you Tribunal are in the territory of a State for the performance of their duties are not considered to be periods of residence, if such members or officials enjoy diplomatic privileges, immunities and facilities.
3. Parties to this Agreement shall not be required to exempt from income tax pensions or annuities paid to former members and former officials of the Tribunal.
Any foreign exchange restrictions removed
Article 12
1. Without being subject to any financial control, regulation or moratorium, and in carrying out its activities:
(a) The Tribunal may hold any funds, currency or gold and have accounts in any currency;
(b) The Tribunal may freely transfer its funds, gold or currencies from one country to another or within any country and convert any currencies held by it into any other currency;
(c) The Tribunal may receive, hold, negotiate, transfer or convert bonds and other financial guarantees and in this regard carry out any other transactions.
2. In the exercise of the rights recognized in paragraph 1 above, the Tribunal shall take into account all representations of any State Party, insofar as it considers that it may take action without prejudice to its own interests.
Members of the Tribunal
Article 13
1. In the exercise of their functions, the members of the Tribunal shall enjoy the privileges, immunities, facilities and prerogatives granted to heads of diplomatic missions under the Vienna Convention.
2. Members of the Tribunal and members of their families living in their homes will have all facilities to leave the country where they are, and to access and leave the country where the Tribunal is based. In the course of travel related to the exercise of their functions, they shall enjoy, in all the countries that they must cross, all the privileges, immunities and facilities granted by these countries to diplomatic agents in such circumstances.
3. If, in order to be made available to the Tribunal, members of the Tribunal, their spouses and members of their families and other persons living in their homes in any country other than that of which they are permanent nationals or residents, they shall enjoy privileges, immunities and facilities during the period during which they reside.
4. Members of the Tribunal enjoy, for themselves and members of their families living in their homes, the same facilities for repatriation in times of international crisis as those granted to diplomatic agents under the Vienna Convention.
5. Members of the Tribunal provide third-party insurance for vehicles owned or used by them, as required by the laws and regulations of the State in which such vehicles are used.
6. Paragraphs 1 to 5 of this Article shall remain applicable to the members of the Tribunal after their replacement if they continue to perform their duties in accordance with Article 5, paragraph 3, of the Statute.
7. In order to ensure that the members of the Tribunal have full freedom of speech and complete independence in the performance of their duties, the immunity of any form of prosecution for words, writings and all acts arising from the performance of their duties continues to be granted to them even when they are no longer members of the Tribunal or have ceased to perform their duties.
Staff members
Article 14
1. In the performance of his duties, the Registrar shall enjoy diplomatic privileges, immunities and facilities.
2. The other officials of the Tribunal shall enjoy in the countries where they reside for the purposes of their service, or in those that they cross for the same reason, the privileges, immunities and facilities required for the independent exercise of their functions, in particular:
(a) Immunity of arrest or detention and seizure of personal effects;
(b) the right to openly import furniture and their effects on the occasion of their first taking of office in the country concerned, and to re-export them in the country of their domicile;
(c) the exemption from any inspection of their personal effects unless there are substantial grounds for believing that the effects contain articles that are not intended for their personal use or articles whose import or export is prohibited by law or are subject to the regulation of the State Party concerned in respect of quarantine. In this case, the inspection shall be conducted in the presence of the employee concerned;
(d) the immunity of any form of prosecution because of their words, writings and all acts performed by them in the performance of their duties. This immunity continues to be granted to them even after they have ceased to exercise their functions;
(e) the exemption from any obligation relating to national service;
(f) for themselves and members of their families living in their homes, the exemption from restrictive immigration measures and the registration of foreigners;
(g) the same exchange privileges and facilities as those granted to comparable officials from diplomatic missions accredited to the Government concerned;
(h) for themselves and their families living in their homes, the same repatriation facilities as those granted in times of international crisis to diplomatic agents under the Vienna Convention.
3. Tribunal officials are required to provide third party insurance for vehicles owned or used by them, as required by the laws and regulations of the State in which such vehicles are used.
4. The Tribunal shall inform all States Parties of the categories of civil servants to which the provisions of this Article apply. The names of staff included in these categories are communicated periodically.
Experts designated in accordance with Article 289 of the Convention
Article 15
Experts designated in accordance with Article 289 of the Convention shall, during the duration of their duties, including travel time, enjoy the privileges, immunities and facilities necessary to guarantee their independence in the performance of their functions, in particular:
(a) Immunity of arrest or detention and seizure of personal effects;
(b) the exemption from any inspection of their personal effects, unless there are substantial grounds for believing that the effects contain articles that are not intended for their personal use or articles whose import or export is prohibited by law or subject to the regulations of the State concerned Party in respect of quarantine. In this case, the inspection is carried out in the presence of the expert concerned;
(c) the immunity of any form of prosecution because of their words or writings and the acts performed in the performance of their duties. This immunity continues to be granted to them even after they have ceased to exercise their functions;
(d) Inviolability of all documents and papers;
(e) the exemption from restrictive immigration measures and formalities relating to the registration of aliens;
(f) the same facilities, with regard to monetary and foreign exchange restrictions, as those granted to representatives of foreign Governments on temporary official missions;
(g) the same facilities for repatriation in times of international crisis as those granted to diplomatic agents under the Vienna Convention.
Agents, counsel and lawyers
Article 16
1. Officers, counsel and lawyers at the Tribunal shall, during the duration of their duties, including on trips to missions, enjoy the privileges, immunities and facilities required for the independent exercise of their functions, in particular:
(a) Immunity of arrest or detention and seizure of personal effects;
(b) the exemption from any inspection of their personal effects, unless there are substantial grounds for believing that the effects contain articles that are not intended for their personal use or articles whose import or export is prohibited by law or subject to the regulations of the State concerned Party in respect of quarantine. In this case, the inspection shall be conducted in the presence of the officer, counsel or lawyer concerned;
(c) the immunity of any form of prosecution on the basis of their words, writings and all acts performed by them in the performance of their duties as representatives of the parties to the Tribunal, which remains immunity after the persons concerned have ceased to perform their duties;
(d) the inviolability of all documents and papers;
(e) The right to receive paper or correspondence by courier or sealed suitcase;
(f) the exemption from any restrictive measures relating to immigration and any formal registration of aliens.
(g) the same facilities for their personal effects and currency or exchange transactions as those granted to representatives of foreign governments on a temporary official mission;
(h) the same facilities for repatriation in times of international crisis as those granted to diplomatic agents under the Vienna Convention.
2. Once the parties to the proceedings before the Tribunal notified him of the appointment of an agent, counsel or lawyer, the Registrar shall sign a certificate attesting to the status of the representative, which shall be valid for a reasonable period required by the proceedings.
3. The competent authorities of the State concerned shall grant privileges, immunities, facilities and prerogatives to the agents, counsel and lawyers referred to in this article, in the light of the certificate referred to in paragraph 2.
4. in the event that the impact of any tax is subordinate to the residence of the subject, the periods during which agents, counsel or lawyers are located in the territory of a State for the performance of their duties are not considered to be periods of residence.
Witnesses, experts and mission personnel
Article 17
1. Witnesses, experts and persons carrying out missions on the order of the Tribunal shall enjoy, during the duration of their duties, including on trips to missions, privileges, immunities and facilities provided for in paragraphs (a) to (f) of Article 15.
2. Witnesses, experts and persons carrying out missions benefit from repatriation facilities in times of international crisis.
Nationals and permanent residents
Article 18
Subject to the additional privileges and immunities that may be granted by the State Party concerned, and without prejudice to Article 11, any person enjoying privileges and immunities under this Agreement shall not, in the territory of the State Party of which it is a national or in which it is a permanent resident, be accorded immunity from any form of prosecution and inviolability on the basis of his words, writings and functions This immunity continues to be granted even after it has ceased to serve the Tribunal.
Compliance with laws and regulations
Article 19
1. The privileges, immunities, facilities and prerogatives provided for in Articles 13 to 17 of this Agreement shall be granted to the persons concerned, not to their personal advantage, but to ensure their independence in the performance of their duties with the Tribunal.
2. Without prejudice to their privileges and immunities, all persons referred to in articles 13 to 17 are required to comply with the laws and regulations of the State Party where they reside for the purposes of their service, or those that they travel for the same reason. They are also obliged not to interfere in the internal affairs of this State.
Immunity survey
Rule 20
1. To the extent that the privileges and immunities provided for in this Agreement are granted to the persons concerned, not to their personal benefit, but in the interest of the proper administration of justice, the competent authority has the right and the duty to lift the immunity of the person involved in any case where, in the opinion of the State Party, such immunity would prevent justice and if it considers that immunity may be brought to justice without prejudice.
2. To this end, the competent authority with respect to agents, councils and lawyers representing a State Party to the proceedings before the Tribunal or appointed by such State is the State concerned. With respect to other officers, counsel and lawyers, the Registrar, the experts designated in accordance with Article 289 of the Convention and witnesses, experts and persons performing missions, the Tribunal is the competent authority. In the case of other Tribunal officials, the competent authority shall be the Registrar, acting with the agreement of the President of the Tribunal.
Pass and visas
Article 21
1. States Parties shall recognize and accept as valid travel documents the United Nations laissez-passer issued to members and officials of the Tribunal or to experts appointed in accordance with Article 289 of the Convention.
2. Applications for visas (when visas are required) from the Tribunal and the Registrar must be reviewed as soon as possible. Requests for a visa from any other person holding the laissez-passer referred to in paragraph 1 of this section or entitled to such a laissez-passer and persons referred to in sections 16 and 17 shall, when accompanied by a certificate certifying that such persons are travelling on behalf of the Tribunal, be considered as soon as possible.
Free movement
Article 22
No administrative or other restrictions are made to the free movement of the members of the Tribunal or other persons referred to in sections 13 to 17, who visit the seat of the Tribunal or any other place where the Tribunal otherwise sits or performs its functions or returns.
Maintenance of security and public order
Article 23
1. Where a State Party considers it necessary to take, without prejudice to the independence and proper functioning of the Tribunal, measures to ensure the security or maintenance of order in the country, in accordance with international law, that State Party shall consult with the Tribunal as soon as possible in order to determine by mutual agreement the necessary measures to ensure the protection of the Tribunal.
2. The Tribunal cooperates with the Government of the State Party to prevent its activities from harming the security or public order of that State.
Cooperation with the authorities of States Parties
Article 24
The Tribunal shall, at any time, cooperate with the competent authorities of the States Parties with a view to facilitating the application of the legislation of those States and to avoid any abuse to which the privileges, immunities, facilities and prerogatives referred to in this Agreement may arise.
Relationship to special agreements
Rule 25
Where a provision of this Agreement and a provision of any special agreement between the Tribunal and a State Party relate to the same subject matter, the two provisions shall, as far as possible, be considered complementary and applicable both, none of them limiting the effects of the other; but in the event of a conflict, the provision of the special agreement prevails.
Regulation of differends
Rule 26
1. The Tribunal shall make appropriate arrangements for the settlement of:
(a) disputes arising from contracts and other private law disputes to which the Tribunal is a party;
(b) disputes involving any person referred to in this Agreement who enjoys immunity as a result of its official situation, unless such immunity has been waived.
2. Any dispute concerning the interpretation or application of this Agreement shall be brought before an arbitral tribunal unless the parties have agreed to resort to another method of settlement. Any dispute between the Tribunal and a State Party that is not settled by way of consultation, negotiation or any other means agreed within three months of the request made to that effect by one of the parties to the dispute shall, at the request of either party, be brought before a group of three arbitrators who will finalize the dispute. One of the arbitrators is chosen by the Tribunal, another by the State Party and the third, which presides, by the other two arbitrators. If either of the parties to the dispute has not designated an arbitrator within two months of the appointment of an arbitrator by the other party, the Secretary-General of the United Nations shall make such designation. If there is no agreement between the first two arbitrators on the choice of the third within three months of their appointment, the third arbitrator shall be chosen by the Secretary-General of the United Nations at the request of the Tribunal or the State Party.
Signature
Rule 27
This Agreement shall be open for signature by all States at United Nations Headquarters for twenty-four months from 1er July 1997.
Ratification
Rule 28
This Agreement shall be subject to ratification. Its instruments of ratification are deposited with the Secretary-General of the United Nations.
Access
Rule 29
This Agreement shall be open to the accession of all States. Instruments of accession shall be deposited with the Secretary-General of the United Nations.
Entry into force
Rule 30
1. This Agreement shall enter into force 30 days after the deposit of the tenth instrument of ratification or accession.
2. For each State ratifying or acceding to this Agreement after the deposit of the tenth instrument of ratification or accession, the Agreement shall enter into force on the thirtieth day after the date of deposit of the instrument of ratification or accession.
Provisional application
Rule 31
Any State intending to ratify or accede to this Agreement may at any time notify the depositary that it applies the Agreement provisionally for a period not exceeding two years.
Special implementation
Rule 32
Where, as provided for in its Statute, the Tribunal is seized of a dispute, any State which, without being a party to this Agreement, is a party to the dispute may, for the purpose and duration of the case, become a party to this Agreement by depositing an instrument of acceptance. Instruments of acceptance shall be deposited with the Secretary-General of the United Nations and shall take effect on the date of filing.
Denunciation
Rule 33
1. A State Party may denounce the Agreement by means of written notification addressed to the Secretary-General of the United Nations. The denunciation takes effect one year after the date of receipt of the notification, unless it provides a later date.
2. The denunciation does not affect the duty of any State Party to fulfil any obligation set out in the Agreement to which it would be subject under international law independently of it.
Depositary
Rule 34
The Secretary-General of the United Nations is the depositary of this Agreement.
Faithful texts
Rule 35
The English, Arabic, Chinese, Spanish, French and Russian texts of the Agreement are equally authentic.
In faith, undersigned plenipotentiaries, duly authorized to do so, signed the Agreement.
Open for signature in New York on 1er July nine hundred and ninety-seven in a single original text in the English, Arabic, Chinese, Spanish, French and Russian languages.

Agreement on the Privileges and Immunities of the International Tribunal for the Law of the Sea, done in New York on 23 May 1997
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