52/1956 Coll.
The Decree
Minister of Foreign Affairs
of 9 June. July 1956
on the approach of the Czechoslovak Republic to the Convention on the privileges and immunities of the
The United Nations approved by the General Assembly of the Organization
United Nations, 13 March. February 1946
Resolutions from 13 June 2005. in February 1946, the General Assembly of the United
Nations approved on the basis of articles 104 and 106 of the Charter of the Organization
the United Nations, the Convention on the privileges and immunities of the United
Nations and recommend to all members of the United Nations for
It proceeded.
The National Assembly to take effect with the consent of the said Convention of 24 October.
in May 1955, subject to its par. 30. The Convention was ratified by the
the President of the Republic on 26. in July 1955, subject to its par 30
and the instrument of ratification was deposited with the Secretary-General of the Organization of the
the United Nations on 7 December. September 1955.
According to his par. 32 this Convention the effectiveness for each Member State
the date of the lodging of the instrument of accession, therefore, acquired the effectiveness for
The Czechoslovak Republic on 7 February 2004. September 1955.
When access to the said Convention made by the Czechoslovak Republic this
reservation:
"Czechoslovak Republic shall not be considered vázánu par 30 Convention, which
assumes the obligatory jurisdiction of the International Court of Justice for disputes
arising out of the interpretation or application of the Convention; with regard to the jurisdiction of the
The International Court of Justice for these disputes, stands the Czechoslovak
Republic on the opinion that it could be a dispute
to the resolution of the International Court of Justice, is in each individual
If required the consent of all the parties in the dispute. This reservation relates to the
also, the provisions of the same section further, according to which it is to take
the opinion of International Court of Justice as decisive. "
In addition to the Czechoslovak Republic to this Convention are not yet bound by these
States: Afghanistan, Australia, Belgium, Byelorussian Soviet Socialist
Republic (with reservation), Bolivia, Brazil, Burma, Costa Rica, Denmark,
Dominican Republic, Ecuador, Egypt, El Salvador, El, Ethiopie
The Philippines, France, Guatemala, Haiti, Honduras, Chile, India, Iraq,
Iran, Iceland, Israel, Yugoslavia, Canada (subject to) uu, Lebanon,
Liberia, Luxembourg, Nicaragua, Norway, New Zealand (with reservation),
Pakistan, Panama, Paraguay, Poland, Greece, the United Kingdom of great
Britain and Northern Ireland, the Union of Soviet Socialist Republics (with
subject to), Syria, Sweden, Thailand (subject to), Turkey (with reservations),
The Ukrainian Soviet Socialist Republic (subject to).
Czech translation of the Convention on the privileges and immunities of the United Nations
be open as a separate part of the of the annex to the statute book.
David r.
Convention
on the privileges and immunities of the United Nations approved by the General
the General Assembly of the United Nations, 13 March. February 1946
Since the article 104 of the Charter of the United Nations provides that the
The Organization shall enjoy in the territory of each of its Member States such
legal capacity, which is to be held to their tasks and meet its
objectives, and
Article 105 the United Nations Charter provides that the
The Organization shall enjoy in the territory of each of its Member States the privileges and
immunities necessary to meet its objectives, and that the representatives of the Member
States of the United Nations and officials of the Organization shall enjoy
Similarly, the privileges and immunities necessary to independently carry out their
the tasks associated with the Organization,
The General Assembly adopted resolutions on 13 November in February 1946, approved the Convention
below and recommend that each Member State of the United
Nations approached.
Article I
Legal personality
§ 1
The United Nations is a legal person. Has competence:
and) negotiate contracts;
(b)), acquire immovable and movable property and dispose of it;
(c)) appear before the courts.
Article II
Property, funds and assets
§ 2
The United Nations, its property and assets, wherever
and in anyone's possession, shall enjoy immunity from legal proceedings
of any kind, if the United Nations, in particular
the case is expressly waived. It is understood, however, that the waiver of immunity
not apply to any measure of execution.
§ 3
The room of the United Nations shall be inviolable. Ownership and
possessions of the United Nations, wherever located, and anyone
held, shall enjoy immunity from search, confiscation, confiscation,
expropriation, and any other intervention, enforcement, administrative, Court
or two.
§ 4
The archives of the United Nations and all of the Charter, which
include or are in its possession, shall be inviolable, wherever they are
located.
§ 5
Nepodléhajíc financial control, financial regulations and the financial
a moratorium of any kind,
) and the United Nations may hold funds, gold or currency
of any kind and have accounts in any currency;
(b)), the United Nations may freely transfer their funds, gold
or foreign exchange from one country to another or within any country and to Exchange
any foreign exchange holding, on any other currency.
§ 6
In the exercise of their rights under the foregoing section 5 organization will be
The United Nations have proper account of all the observations of the Government of
any Member State, if it finds that they can meet without injury
his interests.
section 7 of the
The United Nations, its assets, income and other property,
they are:
and shall be exempt from all) direct taxes; It is understood, however, that the Organization
The United Nations will not claim exemption from taxes which are, in
fact, a mere substitute for the services of generally useful;
(b)) shall be exempt from duties and import and export prohibitions and restrictions
articles imported or exported by the United Nations for
its official use. It is understood, however, that articles with this free
imported will not be sold in the country into which they were imported, but under the conditions
agreed with the Government of that country;
(c)) shall be exempt from duties and import and export prohibitions and restrictions
publications of the organization.
§ 8
Although the United Nations generally will not sue
exemption from excise duties and from taxes benefits from the sale of movable and
immovable property, forming part of the price to be paid,
the Member States shall, whenever possible, appropriate administrative measures
the purpose of the rebate or refund of benefits or taxes, when the Organization of the United
the Nations will make significant purchases for official use of property on which
such levies and taxes or to be imposed.
Article III
Benefits relating to the conveying of messages
§ 9
The United Nations will be in the territory of each Member State
for conveying the official messages loading not less favourable
than is provided by the management of the Government of the Member State any
other Government čítajíc in its diplomatic representative office, if
as for the options, rates and fees for postal consignments,
kabelogramy, telegrams, radiogramy, fototelegramy, dial-up and other
conveying the messages, as well as in terms of journalistic rates for messages for
print and radio. Official correspondence and other official conveying messages
The United Nations is not subject to censorship.
§ 10
The United Nations will have the right to use codes and to send and
receive correspondence couriers or bags, enjoying the same immunities
and privileges as diplomatic couriers and diplomatic baggage.
Article IV
Representatives of the Member States
§ 11
The representatives of the Member States in the main and subsidiary bodies of the Organization
The United Nations and to conferences convened by the United
Nations shall enjoy in carrying out its tasks, and on the way to the place of the meeting and of the
This places the following privileges and immunities:
and immunity from arrest) or detention and against the seizure of personal baggage, and
immunity from legal proceedings of any kind for the oral statements or
written and, for all meetings, shall take as a representative;
(b) inviolability of all papers and) documents;
(c)) the right to use codes and to receive papers or correspondence by courier or in
sealed luggage;
(d)) for themselves and their spouses from immigration restrictions, the exclusion of a reporting
foreigners and of the obligations resulting from the national services in the State in which the
arriving or passing through in the performance of his Office;
(e)) to the same restrictions on foreign exchange or monetary benefits are
are the agents of foreign Governments with the temporary official mission;
(f)) in personal baggage, the same immunities and benefits granted to
diplomatic representatives, and also
g) such other privileges, immunities and benefits which they enjoy diplomatic
representatives, if they are not incompatible with what precedes, in addition to the rights
to claim exemption from customs duties on goods imported (otherwise than as part of the
of their personal baggage) or from excise duties or sales taxes.
§ 12
To the representatives of the Member States in the main and subsidiary bodies
The United Nations and to conferences convened by the Organization
The United Nations ensured full freedom of speech and independence in the performance of
duties, immunity to legal proceedings for oral or written statements
and, for all meetings, which will take when performing their duties, will
to continue to provide, even if these persons are no longer the representatives of the Member
States.
section 13
Where the tax liability of any species depends on the place of residence, for the
the period of residence not be regarded as the period after which the representatives of the Member
States in the main and subsidiary organs of the United Nations and on the
conferences convened by the United Nations present in one
Member State for the discharge of their duties.
§ 14
Privileges and immunities of the representatives of the Member States are not
the personal benefit of the individuals themselves, but on an independent security
carry out their tasks associated with the United Nations.
Therefore, a Member State has not only the right but the obligation to renounce immunity
its representative in any case where in the opinion of the Member State
immunity hindered the exercise of Justice and when it can be waived without the
injury to the purpose for which the immunity it provides.
§ 15
The provisions of sections 11, 12 and 13 cannot be used in the relationship between the agent and the
the authorities of the State of which he is a national or of which he is or has been a representative.
section 16 of the
For the purposes of this article, it is considered that the expression "representatives" includes
all delegates, Deputy delegates, advisers, technical experts and
Secretaries of delegations.
Article In The
The officials of the
§ 17
The Secretary General shall determine the categories of officials to which the
the provisions of this article and article VII. Submit a list of these categories
To the General Assembly. These categories are then communicated to the Governments of all
of the Member States. The names of the officials included in these categories will be
sometimes be communicated to the Governments of the Member States.
section 18
Officials of the United Nations:
and they will enjoy immunity from) legal proceedings for oral statements or
written, and all acts performed in the exercise of that authority;
(b)), will be exempt from taxation on the salaries and emoluments paid to them
Organizations of the United Nations;
(c)) will enjoy the immunity from obligations arising from national services;
(d)), together with their spouses and members of their families, living on the
their costs, enjoy immunity from immigration restrictions and to
reports of foreigners;
(e)) will enjoy the same privileges to foreign exchange benefits, as the officials of the
a similar rank of diplomatic representative offices of the allocation
authorized by the respective Governments;
(f)), together with their spouses and members of their families, living on the
their costs, at a time of international crisis to enjoy when the repatriation of the same
benefits, such as diplomatic representatives;
g) will have the right to import free of duty their furniture and effects at the time when the
for the first time face off in Office in the country, which it is.
§ 19
To the Secretary-General and to all the representatives of the Secretary-General will be
for themselves, their spouses and their minor children, in addition to
immunities and privileges, identified in section 18, the provision of privileges and immunities, exemptions
and the benefits provided under the international law of the diplomatic
the representatives.
section 20
Privileges and immunities are granted to officials in the interests of the United
Nations and not for the personal benefit of the individuals themselves. General
the Secretary shall have the right and the duty to waive the immunity of any
an official in any case where, in his opinion, the immunity would be in the way
the course of Justice and where it can be waived without prejudice to the interests of her
Of the United Nations. In the case of the Secretary-General, the Council has
safety the right to waive immunity.
section 21
The United Nations will cooperate at all times with
the competent authorities of the Member States, in order to facilitate the proper exercise of
rights, secure the observance of police regulations and prevent any
abuse in connection with the privileges, immunities and benefits referred to in
This article.
Article VI
Experts from the credentials for the mission to the United Nations
section 22
The experts (if not the officials covered by article V), executing
Mission to the United Nations, will provide those privileges
and immunities, which is necessary for the independent exercise of their duties at the time of
their mission, čítajíc in that time spent on the road, associated with the
their mission. In particular, they provide:
a) immunity against arrest or detention and seizure of personal baggage;
b) immunity against legal proceedings of any kind, for oral statements
or in writing, and for negotiations, which will take in the performance of its mission. This
immunity against legal proceedings will continue to provide, even if these
persons will not be employed in the Mission for the United Nations;
(c) inviolability of all papers and) documents;
(d)) for their association with the United Nations the right to use ciphers
and receive correspondence by courier or in sealed or
luggage;
(e)) to monetary, foreign exchange restrictions, or the same benefits that are
are the agents of foreign Governments with the temporary official mission;
(f)) in personal baggage, the same immunities and benefits granted to
diplomatic representatives.
section 23
Privileges and immunities are granted to experts in the interests of the United
Nations and not for the personal benefit of the individuals themselves. General
the Secretary shall have the right and the duty to waive the immunity of any expert
in any case, when in his opinion, the immunity would be in the way of performance
Justice and when it is possible to renounce her without injury to the interests of the Organization
Of the United Nations.
Article VII
Laissez-passer of the United Nations
section 24
The United Nations, its officials may issue a laissez-passer.
The authorities of the Member States will recognize and adopt this laissez-passer as
valid travel documents, having regard to the provisions of section 25.
§ 25
The request of the owners of laissez-passer of the United Nations for visas
(if required) shall be executed as expeditiously as possible, if it is connected to them
the certificate that the owner travels from the mandate of the United Nations.
In addition, such persons provide benefits for fast travel.
section 26
Benefits similar to those that are vytčeny in section 25, will provide
experts and other persons who are not the owners of the laissez-passer
The United Nations, however, have a certificate that they travel from
mandate of the United Nations.
section 27 of the
To the Secretary-General, representatives of the Secretary-General and the directors,
passengers with a laissez passer of the United Nations on behalf of the
The United Nations, will provide the same benefits that are
provide diplomatic representatives.
section 28
The provisions of this article may apply to similar officials of the Special
authorities if it establishes the relationship agreements, negotiated in accordance with article 63
The Charter.
Article VIII
The handling of disputes
section 29
The United Nations shall make provisions for the appropriate way
handling:
and disputes arising from) of contracts or other disputes of a private law nature,
in which it is a party to the United Nations;
(b)), in which the disputes involved any official of the United
Nations, for their official position enjoys immunity, if
the Secretary General of immunity did not forgo.
section 30
All disputes arising from the interpretation or implementation of this Convention will be
submitted to the International Court of Justice, if it is in any case
the parties agree that used a different method of execution. If a dispute arises as to
among the Organizations of the United Nations on the one hand and certain Member
by the State on the other hand, will be in accordance with article 96 and article 65 of the Charter
The Statute of the International Court of justice a request for an opinion on the
any legal question in dispute included. The Parties shall review
International Court of Justice as crucial.
The final article
section 31
This Convention shall be submitted to all Member States of the United
Nations to access.
§ 32
Access shall be formulated with the Secretary-General of the Organization of the
The United Nations and the Convention enters into force for each Member State on the date on
When to lodge the instrument of accession.
section 33
The Secretary-General shall notify all the Member States of the United
Nations on the composition of each instrument of accession.
§ 34
It is understood that if any Member State to lodge the instrument of access,
It will be the Member State in accordance with its own law to implement the provisions of the
of this Convention.
section 35
This Convention shall remain between the United Nations and each Member
the State, which lodge the instrument of accession, in effect after so long,
If the Member remains a Member State of the United
Nations, or until, when the revised General Convention will be
approved by the General Assembly and to the Member State becomes a Contracting
party to this revised Convention.
section 36
The Secretary General may arrange with any Member State or the
any of the Member States of the supplementary agreement, the governing provisions of the
This Convention, in respect of that Member State or those Member States.
Such supplementary agreement shall in each case be subject to the
the approval of the General Assembly.
