Access To The Convention Of The Czechoslovak Republic On The Privileges And Immunities Of The United Nations

Original Language Title: o přístupu ČSR k Úmluvě o výsadách a imunitách OSN

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=28391&nr=52~2F1956~20Sb.&ft=txt

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.