192/1968 Coll.
DECREE
Ministry of Foreign Affairs
of 19 December 2003. December 1968
the agreement on the privileges and immunities of the International Atomic Agency
energy
On 1 May 2004. July 1959 in Vienna, was approved by the Governing Council
The International Atomic Energy Agency, the agreement on privileges and immunities
The International Atomic Energy Agency.
The agreement was ratified by the President of the Republic and the instrument of acceptance of the agreement was
deposited with the Director General of the International Atomic Agency
the energy of the day 7. February 1968.
Agreement entered for the Czechoslovak Socialist Republic in
into force, pursuant to article XII on 7 February 2004. February 1968.
English translation of the agreement shall be published at the same time.
A certified copy of the agreement is deposited in the archives of the Ministry of foreign
things.
Minister:
in of Ing. V.r. Bušniak
The AGREEMENT
on the privileges and immunities of the International Atomic Energy Agency
Article XV (C) statutes of the International Atomic Energy Agency
provides that the legal capacity, privileges and immunities referred to in this article
shall be defined in a special agreement or agreements between the Agency, the
for this purpose, will be represented by the Director-General, acting in accordance with the directives
The Governing Council, and individual members,
Since the agreement on the relations between the Agency and the United Nations
has been adopted in accordance with article XVI of the statutes and
Since the General Assembly of the United Nations in the quest for what
the biggest Union of the privileges and immunities enjoyed by the Organization, which the United
Nations and the various specialized agencies associated with the Organization of the United
Nations have adopted the Convention on the privileges and immunities of specialized agencies and
many members of the United Nations joined to it,
The Governing Council
1. approved, without thereby committed the Governments represented in the Council, below
the following text, which is in general conformity with the Convention on the privileges and immunities
international professional organizations, and
2. calls on the Member States of the Agency to consider this text, and they find a
it in order to adopt the agreement.
Article. (I)
The definition of the
Section 1
In this Convention:
(1) the term "Agency" means the International Atomic Energy Agency.
(2) For the purposes of article III, the words "property and assets" shall also include
assets and funds in the custody of the agency or managed by the Agency in
the performance of its functions under the statutes.
(3) For the purposes of articles V and VIII of the expression "representatives of members" includes all
Governors, representatives, alternates, advisers, technical experts and Secretaries
delegations.
(4) in sections 12, 13, 14 and 27, the expression "meetings convened by the Agency"
means meetings:
1. the General Conference and the Board of Governors;
2. any international conferences, symposia, seminars or Panel
convened by the Agency;
3. any Committee of any of these bodies.
(5) for the purposes of article VI and IX of the statement "officials of the Agency" means the
the Director-General and all the staff of the Agency, with the exception of staff
najímaného in and paid an hourly wage.
Article II
Legal capacity
Section 2
The Agency shall have legal personality. Has the eligibility
and) negotiate contracts,
(b)), acquire immovable and movable property and dispose of,
(c)) appear before the courts.
Article. (III)
Property, funds and assets
Section 3
The Agency, its property and assets wherever located and in the possession of anyone
shall enjoy immunity from every form of legal process, if the Agency
in a particular case, expressly waived. It is understood, however, that no waiver
immunity should not apply to any measure of execution.
Section 4
Room Agencies shall be inviolable. The property and assets of the Agency
wherever located, and in the possession of anyone shall enjoy immunity from the tour,
rekvizici, confiscation, expropriation and any other intervention
enforcement, administrative, judicial or legislative.
Section 5
The archives of the Agency and all of the Charter, which belongs to or is in the
its possession, shall be inviolable, wherever they are located anywhere.
Section 6
Nepodléhajíce financial control, regulations and moratoriím any
the kind of
and the Agency may have in) hold funds, gold or any currency and have
accounts in any currency and
(b)), the Agency may freely transfer their funds, gold or currency from one country
to another or within any country and to exchange any currency, already has a
in possession, for any of the other currency.
Section 7
In exercising its rights under section 6 the Agency will all due respect
the comments of the Governments of the Contracting Parties, if it finds that they can
meet without detriment to their interests.
Section 8
The Agency, its assets, income and other property shall
and shall be exempt from all) direct taxes; It is understood, however, that the Agency is
will not claim exemption from taxes which are, in fact, only
remuneration for generally useful services;
b) exempt from customs duties and import or export prohibitions and
restrictions in respect of articles imported or exported by the Agency for its
official use; It is understood, however, that articles with this exemption
imported will not be sold in the State in which they have been imported, except for
conditions agreed with the Government of that State;
(c)) shall be exempt from customs fees and exempt from prohibitions and restrictions on
imports and exports of its publications.
Section 9
Although the Agency usually will not claim exemption from excise duties
benefits and taxes from the sale of movable and immovable property comprising
part of the price to be paid, the Contracting Parties shall take, anyway
whenever possible, appropriate administrative measures, with a view to waiver
or refund of benefits or taxes, when the Agency will make for official use
important purchases, on which such benefits and taxes have been or are to be
imposed.
Article IV
Benefits in conjunction
Section 10
The Agency will be in the territory of each State that is party to this agreement
enjoy, if it can be compatible with any international
conventions, regulations and arrangements, to which the State concerned is a party, for the
conveying the official reports and treatment no less favorable than the
the treatment provided by the Government of that State to any other Government, including
her diplomatic mission in terms of preferential rights, rates and fees
on postal and telecommunications links, even when it comes to journalistic rates
for the news for print and radio.
Section 11
Official correspondence and other official link of the Agency are not subject to
censorship.
The Agency shall have the right to use codes and to send and receive correspondence and
other official communications through couriers or in sealed
luggage, enjoying the same immunities and privileges as diplomatic couriers
and diplomatic baggage.
Nothing in this section shall be construed so that it would exclude the adoption of
appropriate security measures provided for by the agreement between the Contracting
party to this agreement and the Agency.
Article. In
Representatives of the Member States
Section 12
Representatives of Member States shall enjoy in the meetings convened by the Agency when
the performance of its functions, and on the way to the place of the meeting and the place of these
privileges and immunities:
and) immunity from arrest or detention and seizure of personal
luggage and immunity from legal proceedings of any kind for statements
oral or written and, for all meetings, shall take in its official
function;
(b)) the inviolability of all papers and documents;
(c)) the right to use codes and to receive documents and correspondence by courier or in
sealed bags;
(d)) for themselves and for their spouses, exemption from immigration restrictions, from the
reports of foreigners and of the obligations of the State in which the service
arriving or passing through when carrying out their functions;
(e)) as regards restrictions, foreign exchange or currency, the same benefits that are
provide representatives of foreign Governments with a temporary official mission;
(f)) in respect of personal baggage, the same immunities and facilities that are
provide the diplomatic representatives of similar rank.
Section 13
To the representatives of the Member States in the meetings of the Agency ensured
convened by the Agency full freedom of speech and full independence in the performance of
of their duties, the immunity to legal proceedings for statements
oral or written and, for all meetings, shall take in fulfilling its
obligations, continue to provide, when these people will no longer be the
the obligation to fulfil.
Section 14
Where the tax liability of any species depends on stay, for
period of residence shall not be considered the period during which the representatives of the Member States
at the Agency and at meetings convened by the Agency present due to the performance of their
obligations in a Member State.
Section 15
Privileges and immunities of the representatives of the Contracting Parties provide not for
their personal benefit, but to the exercise of an independent security
their duties associated with the Agency. Therefore, the party not only
right, but the duty to waive the immunity of its representative in any
If in the opinion of the Contracting Parties immunity hindered the performance of
Justice and when it can be waived without prejudice to the purpose for which
the immunity it provides.
Section 16
The provisions of section 12, 13 and 14 cannot be used in the relationship between the agent and the
authorities of the State of which he is a national or of which he is or has been a representative.
Čl.VI
The officials of the
Section 17
From time to time the Agency shall notify the Governments of all Contracting Parties to this agreement
the names of officials to which the provisions of this article and article
IX.
Section 18
and officials of the Agency):
(i) shall enjoy immunity from legal proceedings for oral or written statements
and, for all meetings in the performance of their official functions;
(ii) are exempt from taxation on the salaries and benefits paid to them by the Agency for
the same conditions as officials of the United Nations;
(iii) shall enjoy, together with their spouses and relatives dependent on them,
immunity from immigration restrictions and aliens to report;
(iv) shall be accorded the same privileges in respect of foreign exchange benefits, such as
officials of similar rank of diplomatic missions;
(v) shall be accorded, together with their spouses and relatives dependent on them, in
time of international crisis management the same repatriation benefits as officials
diplomatic missions of similar rank;
(vi) the right to import free of duty have your furniture and effects at the time of the first
the onset of the Office in the relevant country.
b) agency officials enjoy, when exercising the function of the Inspector in accordance with article
(XII) the statutes of the Agency, or the function of an expert qualified to review
the project, in accordance with article XI of those statutes, and when traveling in an official
feature on the way to the place of the performance of those functions and back all of the additional
the privileges and immunities referred to in article VII of this agreement, if it is necessary
for the effective exercise of such functions.
Section 19
Officials of the Agency shall enjoy immunity from the obligations arising from the services
State, provided that in relation to the States of which they are citizens, this immunity
refer only to those officials whose names were in the context of
their mission included in a list drawn up by the Director
The Agency and approved by the competent State.
If the other agency officials should be called to service performance
the State, the State concerned shall, at the request of the agency such a temporary reprieve
occupation referred to officials, out it should be to prevent
interrupting important work.
Section 20
In addition to the privileges and immunities referred to in sections 18 and 19 of the General Director
The Agency and also an official acting on his behalf at the time of his
absence, shall enjoy, together with their spouses and minor children
such privileges and immunities, exemptions and benefits are provided by
international law, diplomatic representatives, their spouses and
children who are minors. The same privileges and immunities will be also provided to the representatives of the
the Director-General or an official of the Agency in the same position.
Section 21
Privileges and immunities shall be granted only to officials in the interests of the Agency, and
not for their personal benefit. The Agency has the right and the duty to waive
the immunity of any official in any case where, in its
opinion in the way the administration of Justice and where it can be waived without the
injury to the interests of the Agency.
Section 22 of the
The Agency will always cooperate with the competent authorities of the Member States,
in order to facilitate the sound administration of Justice, secure the observance of police
regulations and prevent any abuse of the privileges, immunities and facilities specified in
This article.
Article. (VII)
Experts seconded by the Agency
Section 23
Experts (other than officials within the meaning of article VI) operating in
the committees of the Agency, or broadcast by the Agency, including inspectors
transmitted pursuant to article XII of the statutes of the Agency, and skilled experts
to review the projects referred to in article XI shall provide these privileges and
immunity if it is necessary for the effective performance of their functions, and even
the time required for travel in connection with the service in such committees
or when the missions:
a) immunity against arrest or detention and seizure of personal baggage;
(b) legal proceedings immunity) whatsoever for statements, orally or in
written or for the Act, and shall take, in the exercise of their official functions;
such immunity shall continue to be made, even when these persons
will no longer work in the committees of the Agency will carry out the Mission for or
The Agency;
c) inviolability for all papers and documents;
(d)) for the purpose of their association with the Agency the right to use codes and to receive
documents and correspondence by courier or in sealed
luggage;
(e)) the same benefits in terms of monetary or foreign exchange restrictions that are
provide representatives of foreign Governments with a temporary official mission;
f) the same immunities and facilities in respect of personal baggage that is
provide the diplomatic representatives of similar rank.
Section 24
In paragraphs (c) and (d))) of section 23 will not be construed so as to
exclude the adoption of appropriate precautionary measures provided for by the agreement
between a Contracting Party to this agreement and the Agency.
Section 25
Privileges and immunities are granted to the experts of the Agency in the interests of the Agency, and
not for their personal benefit. The Agency shall have the right and the obligation to
get rid of the immunity of any expert in any case where, in the
its opinion, the immunity in the way of Justice, and where it would be
It can be waived without prejudice to the interests of the Agency.
Article. (VIII)
Misuse of privileges
Section 26
If any party to this agreement is considered to have occurred
misuse of privileges or immunities referred to in this agreement, between this
party and the Agency held consultations in order to determine whether it occurred;
and in the positive case, in order to ensure that it does not recur. If
the consultations do not lead to a satisfactory outcome for this country and for
The Agency, the question of whether there has been abuse of a privilege or immunity
resolved under section 34. If it concludes that the
the abuse took place, will be a Contracting Party to this agreement which was an abuse of
damaged, the right to withdraw from the Agency, after the receipt of the benefit
of a privilege or immunity has been misused. Withdrawal of privileges or immunities
However, it must not affect the essential activities of distraction to the agency or
prevent the Agency in carrying out its main functions.
Section 27
Representatives of Member States to meetings convened by the Agency, when
performance of their duties and during their travel to and from the place of Assembly of space and
officials of the categories laid down in section 1 (5) local authorities shall not be
asked them to leave the State in which the exercise of their functions in connection
with any official activities. However, in the case of abuse of such privileges associated with
residents, in which such a person has committed outside the scope of their official
features of this State, the Government can request that this State is left behind
the following conditions:
and representatives of the Member States or of) persons referred to in section 20
entitled to diplomatic immunity, they will not be required to leave the State
otherwise than under the procedure applicable to diplomatic
representatives accredited in this State.
(b)) in the case of an official to whom section 20 does not apply
local authorities shall not issue a command to leave the State, otherwise than
the consent of the Minister for Foreign Affairs of the State, which can be
to be spoken only after consultation with the Director General of the Agency; If
action is being taken against an official of an expulsion, the Director-General of the Agency
has the right to take part in such proceedings on behalf of the person against whom it was
introduced.
Article. (IX)
Laissez-passer
Section 28
Officials of the Agency may use the laissez-passer of the United
Nations, in accordance with the administrative arrangements between the
the Director General of the Agency and the Secretary General of the Organization
the United Nations, the Director-General of the Agency shall inform all
Contracting Parties of each closed administrative arrangements.
Section 29
The Contracting Parties to this Agreement shall be recognised and shall adopt a laissez-passer of the Organization
the United Nations issued to officials of the Agencies as valid travel
papers.
Section 30
Applications for visas, where required, from officials of the Agency, who have
laissez-passer of the United Nations, will be dealt with as
quickly as possible, if they are accompanied by an acknowledgement of the fact that the officials of the
travel in connection with matters of the Agency. In addition, these
persons facilitated rapid travel.
Section 31
Benefits similar to those referred to in section 30, shall provide the experts
and other persons who, though not a laissez-passer of the United
Nations, to confirm that the travel in respect of matters
Of the Agency.
Section 32
The Director-General, Deputy Director-General and other officials,
who do not have a lower rank than head of Department of the Agency and who
travel on laissez-passer of the United Nations in connection with the
Affairs of the Agency, shall enjoy the same advantages as when travelling officers
diplomatic missions of a similar rank.
Article. X
Settlement of disputes
Section 33
The Agency will make arrangements for a suitable way of settlement:
and) disputes arising out of contracts or other disputes of private character,
which the Agency is a party;
(b)), which is involved in disputes by any official or expert of the Agency,
for its official position enjoys immunity, if not to
waiver of immunity under the provisions of
section 21, or 25.
Section 34
If the parties do not agree in any case, that used another
the resource of the settlement, all disputes arising from the interpretation or implementation of the
This agreement shall be submitted to the International Court of Justice in conformity with the
its Statute. If a dispute arises between the Agency and the Member State and the dispute
If there is no agreement on any other resource of the settlement, it will be according to the
Article 96 of the Charter of the United Nations, article 65 of the Statute of the Court and
the relevant provisions of the agreements concluded between the United Nations
and the agency filed a request for an advisory opinion on any legal question in dispute
included with the. The Parties shall adopt an opinion as the International Court of Justice
crucial.
Article. XI
The interpretation of the
Section 35
The provisions of this Agreement will be interpreted in the light of the functions entrusted to the
The Agency of its Statute.
Section 36
The provisions of this Agreement shall not limit or in any way do not prejudice the
privileges and imunitám, which have been or may be provided to the Agency
Therefore, any State on the territory of that State is placed her
registered office or the headquarters of its regional offices or there in connection with the
projects or activities of the Agency are officials, experts, material,
facilities or equipment, including that for these projects or other
devices Agency apply the guarantee. This agreement does not prevent the conclusion of
additional agreement governing the provisions of this agreement or an extension
or restricting the privileges and immunities provided by this agreement between
By the Agency and by each Member State.
Section 37
The agreement itself does not act to interfere with or change the provisions of the articles of Association
Agency or any rights or obligations which may otherwise have,
obtain or take over.
Article. (XII)
Final provisions
Section 38
This agreement shall be delivered to each Member State of the Agency for adoption.
The adoption of the agreement shall be effected by depositing an instrument of acceptance with the
the Director and the agreement for each Member State shall enter into force on the date of
the deposit of its instrument of acceptance. As soon as any State has deposited its instrument of
acceptance, can perform under its laws, the provisions of this
The agreement. The Director-General shall transmit certified copies of this agreement the Government of each
the Member State of the Agency and also state that becomes a member of the Agency
in the future, and will inform all Member States of the deposit of each
the instrument of acceptance and of each notification of denunciation referred to in section
39.
It is recognised that Member States have made reservations to this agreement. Reservations
may be made only at the time of deposit of the instruments of the Member State of
adoption and the Director-General shall immediately transmit to all Member States
Of the Agency.
Section 39
This agreement shall remain in force between the Agency and each of the Member
a State which has deposited an instrument of acceptance, for such a long period of time, until the State
remains a member of the Agency, or until the revised agreement has not been approved
The Governing Council and until the Member State becoming a Contracting Party
the revised agreement; provided that the Member State are the termination
Agreement to the Director, this Agreement shall cease to be such
Member State of validity, one year after the receipt of the
notification by the Director General.
Section 40
At the request of one third of the Contracting Parties to this agreement, the Council of Governors
The Agency shall consider whether to approve the amendments to the agreement. Amendments approved by the Council
the Governors will enter into force after its adoption in accordance with the procedure
set out in section 38.
