Advanced Search

Law Approving The Convention On The Privileges And Immunities Of The Specialized Agencies, Adopted In New York, 21 November 1947 General Assembly United Nations, During Its Second Session (1). -Addendum

Original Language Title: Loi portant assentiment à la Convention sur les Privilèges et Immunités des institutions spécialisées, adoptée à New York, le 21 novembre 1947, par l'Assemblée générale des Nations-Unies, au cours de sa deuxième session (1). - Addendum

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

8 AVRIL 1953. - An Act to approve the Convention on the Privileges and Immunities of the specialized agencies, adopted in New York on 21 November 1947 by the General Assembly of the United Nations, during its second session (1). - Addendum



On 23 December 2002, the Kingdom of Belgium undertook to apply the provisions of the Convention to the following specialized agencies, in accordance with section 43 of the Convention:
Annex X.
International Organization for Refugees
Standard clauses will apply without modification.
Annex XV
World Intellectual Property Organization
The standard clauses will apply to the World Intellectual Property Organization (hereinafter referred to as the "Organization") subject to the following modifications:
1. The benefit of the privileges, immunities, exemptions and facilities referred to in section 21 of article VI of the standard clauses will also be granted to the Vice-Presidents General of the Organization.
2. (a) The experts (other than the officials referred to in Article VI), when performing functions with the Boards of the Organization or when performing missions for the Organization, shall enjoy the following privileges and immunities, to the extent necessary for the effective exercise of their functions, including during travel carried out during the performance of their duties with or during such missions, and in particular:
(i) Personal arrest or seizure of personal baggage;
(ii) Immunity of any judicial proceedings in respect of the acts performed by them in the performance of their official duties (including their words and writings); interested parties will continue to benefit from such immunity even though they would no longer serve on the boards of the Organization or would no longer be charged with a mission on behalf of the Organization;
(iii) The same facilities, with respect to currency and exchange regulations and their personal baggage, as those granted to officials of foreign governments on a temporary official mission;
(iv) Inviolability of all their papers and documents relating to their work on behalf of the Organization;
(v) Right to use codes and to receive documents and correspondence by mail or sealed suitcases, for their communications with the Organization.
The principle set out in the last sentence of section 12 of the standard clauses will apply to the provisions provided for above in points iv and v.
(b) Privileges and immunities are granted to experts referred to in paragraph (a) above in the interest of the Organization and not for their personal benefit. The Organization may and should lift the immunity granted to an expert in all cases where, in its opinion, such immunity would prevent justice from being done and where immunity may be lifted without prejudice to the interests of the Organization.

Annex XVI
International Fund for Agricultural Development
With respect to the International Fund for Agricultural Development (hereinafter referred to as "the Fund"), the standard clauses will apply subject to the following provisions:
1. The benefit of the privileges, immunities, exemptions and benefits referred to in section 21 of the standard clauses will also be granted to any Vice-President of the Fund.
2. (i) The experts (other than the officials referred to in Article VI), when performing functions with the Fund's Committees or when performing missions for the Fund, shall enjoy the following privileges and immunities as they are necessary for the effective exercise of their functions, including during the travels carried out during the performance of their duties with or during such missions:
(a) Personal arrest or seizure of personal baggage;
(b) Immunity of any judicial proceedings in respect of the acts performed by them in the performance of their official duties, including their words and writings; interested parties will continue to benefit from such immunity even though they would no longer serve on the Boards of the Fund or would no longer be charged with a mission on behalf of the Fund;
(c) The same facilities, with respect to monetary and foreign exchange restrictions and their personal baggage, as those granted to officials of foreign governments on temporary official missions;
(d) Inviolability of all their papers and documents relating to their work for the Fund and, with respect to their communications with the Fund, the right to use codes and receive correspondence by sealed mail or suitcases.
(ii) With respect to the provisions of paragraph 2 (d), (i), above, the principle contained in the last sentence of section 12 of the standard clauses will be applicable.
(iii) Privileges and immunities are granted to experts in the interest of the Fund and not for their personal benefit. The Fund will have the right and duty to lift the immunity granted to an expert in all cases where it considers that such immunity would hinder the action of justice and may be waived without prejudice to the interests of the Fund.

Annex XVII
United Nations Industrial Development Organization
The standard clauses will apply to the United Nations Industrial Development Organization (hereinafter referred to as the "Organization") subject to the following modifications to their provisions:
1. (a) The experts (other than the officials referred to in Article VI) shall, in the performance of their duties with commissions of the Organization or in carrying out missions for the Organization, be accorded the following privileges and immunities, to the extent that they are necessary for the effective performance of their duties, including during travel to or during their duties with those commissions:
(i) Immunity of arrest or seizure of personal baggage;
(ii) Immunity of any jurisdiction in respect of the acts performed by them in their official capacity (including their words and writings), those concerned who continue to enjoy such immunity when they no longer serve on the boards of the Organization or are no longer on behalf of the Organization;
(iii) Same facilities for monetary regulation, exchange and personal baggage regulations as those granted to officials of foreign governments on official temporary duty;
(iv) Inviolability of all their papers and documents;
(v) Right, for purposes of communication with the Organization, to use codes and to receive documents and correspondence by mail or sealed bags;
(b) With respect to the provisions in subparagraphs (iv) and (v) of paragraph 1 (a)er above, the principle set out in the last sentence of section 12 of the standard clauses will be applied;
(c) Privileges and immunities are granted to the Organization's experts in the interest of the Organization and not for their personal benefit. The Organization may and should lift the immunity granted to an expert in any case where it considers that such immunity would hinder the action of justice and may be lifted without prejudice to the interests of the Organization.
2. The privileges, immunities, exemptions and facilities referred to in section 21 of the standard clauses will also be granted to any Deputy Director General of the Organization.

On 23 December 2002, the Kingdom of Belgium accepted the following revised annexes in accordance with section 47 of the Convention:
Second revised text of Appendix II
United Nations Food and Agriculture Organization
In their application to the Food and Agriculture Organization of the United Nations (hereinafter referred to as the "Organization"), the "uniform" clauses will be implemented subject to the following provisions:
1. Article V of Section 25, paragraphs 1 and 2 (1) of Article VII shall apply to the President of the Council of the Organization and to the representatives of the Associate Members, provided that any abandonment of the immunity of the President, according to Section 16, shall be carried out by the Council of the Organization.
2. (i) Experts (other than officials referred to in Article VI) serving on or assigned to committees of the Organization shall be entitled to the following privileges and immunities, as they are necessary to perform their duties effectively, including the time spent on behalf of such committees or missions:
(a) Immunities against arrest or seizure of personal baggage;
(b) With respect to the statements made orally or in writing, or the acts performed in the exercise of their official duties, immunity from any legal action, such immunity should continue to apply even if the person concerned no longer sits on committees of the Organization or is no longer in charge of missions by it;
(c) The same exemptions will be granted with respect to exchange restrictions and their personal baggage as those enjoyed by official representatives of foreign governments in temporary missions of an official character;
(d) Inviolability of their papers and documents relating to their work on behalf of the Organization and for communication with the Organization, the right to use codes and to receive documents or correspondence by diplomatic couriers or suitcases.
(ii) In relation to (d) of paragraph 2 (i) above, the principle set out in the last sentence of section 12 of the uniform clauses shall apply.
(iii) Privileges and immunities are granted to experts to serve the interests of the Organization and not to serve the personal interests of the recipient. The Organization shall have the right and even the duty to waive the immunity of any expert if, in the opinion of the Organization, such immunity prevented the court from taking its course and this waiver did not prejudice the interests of the Organization.
3. The privileges, immunities, exemptions and facilities referred to in Section 21 of the Standard Clauses will be granted to the Deputy Director General and to the Assistant Directors General of the Organization.

Third revised text of Appendix VII
World Health Organization
The standard clauses will apply to the World Health Organization (hereinafter referred to as the "Organization") subject to the following provisions:
1. The persons designated to be a member of the Executive Council of the Organization, their alternates and advisers shall be entitled to the provisions of Article V and section 25, paragraphs 1 and 2 (I), of Article VII, with the exception that any immunity waiver affecting them, pursuant to section 16, shall be pronounced by the Council.
2. (i) The experts (other than the officials referred to in Article VI), when performing functions with the commissions of the Organization or when performing missions for the Organization, shall enjoy the following privileges and immunities as these privileges and immunities are necessary for the effective exercise of their functions, including during the travels carried out on the occasion of the exercise of their functions with or during such missions:
(a) Immunity of arrest or seizure of personal baggage;
(b) Immunity of any judicial proceedings in respect of the acts performed by them in the performance of their official duties (including their words and writings); interested parties will continue to benefit from such immunity even though they would no longer serve on the boards of the Organization or would no longer be charged with a mission on behalf of the Organization;
(c) The same facilities, with respect to currency and exchange restrictions and their personal baggage, as those granted to officials of foreign governments on a temporary official mission;
(d) Inviolability of all documents and documents;
(e) Right to use codes and to receive documents and correspondence by mail or sealed suitcases, for their communications with the Organization.
(ii) The benefit of the privileges and immunities referred to in subparagraphs (b) and (e) above shall be granted, in the exercise of their functions, to persons in the advisory groups of experts of the Organization.
(iii) Privileges and immunities are granted to experts in the interest of the Organization and not for their personal benefit. The Organization may and should lift the immunity granted to an expert in any case where it considers that such immunity would hinder the action of justice and may be lifted without prejudice to the interests of the Organization.
3. The provisions of Article V and section 25, paragraphs 1 and 2 (I), of Article VII, extend to representatives of associate Members who participate in the work of the Organization, in accordance with Articles 8 and 47 of the Constitution.
4. The benefit of the privileges, immunities, exemptions and facilities referred to in section 21 of the standard clauses is also granted to any Deputy Director General, Deputy Director General and Regional Director of the Organization.

Revised text of Appendix XII
Intergovernmental Consultative Organization
of Maritime Navigation
1. The Secretary General of the Organization, the Under-Secretary-General and the Secretary of the Maritime Safety Committee shall enjoy the privileges, immunities, exemptions and facilities referred to in section 21 of Article VI of the standard clauses, provided that the provisions of this paragraph shall not require the Member State in whose territory the Organization's seat is located to apply to its nationals section 21 of Article VI of the standard clauses.
2. (a) The experts (other than the officials referred to in Article VI), when performing functions with the Commissions of the Organization or in carrying out missions for the Organization, shall enjoy the following privileges and immunities as they are necessary for the effective exercise of their functions, including during the travel of the exercise of their functions with or during such missions:
(i) immunity from personal arrest or seizure of personal baggage;
(ii) immunity from judicial proceedings in respect of the acts performed by them in the performance of their official duties (including their words and writings); interested parties will continue to benefit from such immunity even though they would no longer serve with the Commissions of the Organization or would no longer be charged with a mission on behalf of the Organization;
(iii) the same facilities for currency and exchange regulations and for their personal baggage as those granted to officials of foreign governments on temporary official missions;
(iv) inviolability of all documents and documents relating to their work for the Organization;
(v) the right to use encrypted codes as well as to receive documents and correspondence from sealed mails or suitcases for their communications with the Intergovernmental Consultative Organization for Maritime Navigation.
The principle set out in the last sentence of section 12 of the standard clauses will apply to the provisions provided for above in points iv and v.
(b) Privileges and immunities are granted to experts in the interest of the Organization and not for their personal benefit. The Organization may and should lift the immunity granted to an expert in any case where it considers that such immunity would hinder the action of justice and may be lifted without prejudice to the interests of the Organization.
____
Note
1. See the Belgian Monitor of 21 November 1953 (p. 7402-7427).