The Convention For The Legal Capacity, Privileges And Immunities Of Comecon

Original Language Title: o Úmluvě o právní způsobilosti, výsadách a imunitách RVHP

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15/1987 Coll.



DECREE



Minister of Foreign Affairs



of 12 October. November 1986



the Convention for the legal capacity, privileges and immunities of the Council of mutual

economic assistance



27 June 2002. June 1985 was in Warsaw signed the Convention on the legal

competence, privileges and immunities of the Council for mutual economic assistance.

Parties to the Convention are the Czechoslovak Socialist Republic,

The people's Republic of Bulgaria, Republic of Cuba, the Hungarian people's

Republic, the Mongolian people's Republic, the German Democratic Republic,

Polish people's Republic, Romanian Socialist Republic, Union of

Soviet Socialist Republics and Socialist

Republic.



With the Convention have expressed their approval of the Federal Assembly of the Czechoslovak

the President of the Czechoslovak Socialist Republic and the Socialist

the Republic has ratified it. The ratification instrument was deposited with the Government

Union of Soviet Socialist Republics, the depositary of the Convention, on July 27.

March 1986.



Convention entered into force, pursuant to article 23, paragraph 3, on the date of

September 12, 1986 and this day entered into force for the Czechoslovak

Socialist Republic of Vietnam. That date were allowed to lapse the Convention on legal

competence, privileges and immunities of the Council for mutual economic assistance from the

on 14 June 2005. in December 1959, proclaimed No 115/1960 Coll.



Czech translation of the Convention shall be published at the same time.



Minister:



Ing. Chňoupek v.r.



CONVENTION



on the legal capacity, privileges and immunities of the Council of economic

help



Governments of the Member States of the Council for mutual economic assistance, which have signed

This Convention,



starting from the provisions of article XIV of the Statute of the Council of mutual economic

help, prescribes that the legal capacity, privileges and immunities of the Council shall designate the

the Special Convention,



being guided by articles III, XI and XII of the Statute of the Council containing the basic

the provisions on the legal competence of the Council,



Noting the positive significance of the Convention on the legal capacity, privileges

and immunities of the Council of 1959,



taking into account the growing role of the Council in the Organization of economic and

Scientific and technological cooperation between the Member States of the Council,



Desiring to contribute to creating favourable conditions for the performance of the

and the permission of the Council in order to further deepening and perfecting the

cooperation and development of socialist economic integration of the Member States

The Council,



as well as taking into account the current level of privileges and immunities provided by the

Member States, international organisations,



have agreed as follows:



Article 1



Definition of terms



1. In this Convention:



and) "host State Council for mutual economic assistance" (hereinafter referred to

"the host State") indicates the State of the seat of the Secretariat of the Council;



b) "Council" means the buildings or parts of buildings, including

land adjacent to these buildings or parts of buildings used for

the objectives of the Council;



c) "representatives" means:



-the Permanent Representative, their Vice Presidents, advisers and experts;



-leaders, members, advisors, experts, other delegations and the representative of the Secretary

designated by the Member State of the Council to participate in the work or meetings

the major representative bodies, other permanent representative bodies

The Council and its working bodies, set up to prepare for the meetings

representative bodies or to negotiate on issues of,

relating to the scope of those authorities;



(d)) "Permanent Representative" means the person appointed by the Member State of the Council of

its representative on the Executive Committee of the Council and which is at the same time the Permanent

representative of this State in the Council;



e) "Deputy Permanent Representative" means the person appointed by the State in

This function, which permanently resident in the host Member State of the Council;



f) "personnel of a permanent prosecutor's Office" means the Deputy Permanent

representatives, advisers and experts of the standing officers, as well as persons

administratively, the technical and professional personnel, which permanently

residing in the host Member State of the Council;



g) "members of the family of a worker standing prosecution service" means the wife

spouse and minor children, who live with him in the place where she works,

as well as the parents of a worker who is permanently living with him in a place where

It works, and who are in its provision of:



h) "officials of the Council" means the staff of the Secretariat and other devices

The Council, who according to the decision of the Executive Committee of the Council were included in the

categories of officials;



ch) "members of the family Council officials" means the wife (husband) and

minor children who live with him in the place where he works, as well as parents

the worker, who permanently live in the place where she works, and who are

in its maintenance.



2. The provisions of paragraph 1 of this article the terms used within this

the Convention is without prejudice to the application of these concepts or relevance can be

given in other documents of the Council or in the national law of any

the Member State of the Council.



Article 2



The legal capacity of the Council



1. the Council for the performance of its functions, and to achieving the objectives laid down in the Statute of the

The Council:



and) may, in accordance with the Statute of the Council to negotiate international agreements with

the Member States of the Council, with other States and with international organisations,

as well as perform other internationally legal proceedings provided for in article XI of the

and XII of the Statute of the Council. The negotiation of an international agreement by the Council, giving the formation of

rights and obligations of interested Member States of the Council, requires

mandate (special and explicit consent) of the respective States,



(b)) shall enjoy in the territory of each Member State of the Council of the privileges and immunities,

provided for by this Convention.



2. the Council as a legal person may:



and to enter into civil contracts);



(b) acquire assets, assets), rent, lease or dispose of;



c) Act before a court and arbitration.



Article 3



The integrity of the room. The property and assets



1. the Council shall be inviolable. The representatives of Central and local

authorities cannot enter into these rooms without the consent of the Secretary

Of the Council.



2. each Member State shall ensure, on its territory the Council protection of the rooms

Of the Council.



3. The room of the Council, its property and assets, regardless of where the

are not subject to inspection, seizure, rekvizici, or forced

expropriation in other forms.



Article 4



The exclusion from the jurisdiction of



The Council, its property and assets, regardless of where and who

they are, enjoy immunity against judicial jurisdiction and also against any

the form of administrative intervention, with the exception of cases, when the Council itself immunity

gives up. Meanwhile, for enforcement and for provisional measures is

must give up immunity.



Article 5



Exemption from taxes and fees



The Council is exempt from all direct taxes and other compulsory payments and

the fees to the tax nature, both national and

local. This provision shall not apply in relation to fees for

municipal and other similar types of services.



Article 6



Inviolability of archives and documents



Archives, documents and official correspondence of the Council shall be inviolable, without

regardless of where they are located.



Article 7



Exemption from customs fees and restrictions



1. the Council shall be exempt from customs duties and restrictions on imports and exports

articles intended for official use.



2. Articles and materials imported by the Council in the territory of a Member State of the Council of

the Council may dispose of (sell or transfer free of charge) in accordance with the

the legislation of the competent State.



Article 8



Exemption from financial control



The Council is not subject to financial control by the central or local authorities

the Member States of the Council.



Article 9



Benefits connection



The Council for its objectives shall enjoy in the territory of each Member State of the Council no less

advantageous conditions in terms of priority, the tariffs and fees in

postal, Telegraph and telephone contact, which in this State

enjoy the diplomatic mission.



Article 10



Couriers and bags of the Council



1. the Council has the right to receive and send correspondence through

their couriers or in the luggage properly marked in accordance with the

the requirements laid down for the diplomatic baggage.



2. to couriers and bags the Council applies the same immunities and privileges as for

diplomatic couriers and diplomatic baggage.



Article 11



Printed matter



The Council has, in accordance with its objectives and functions of the right to issue and

compliance with the regulations in force in the Member States of the Council to expand

printed matter. These publications are exempt from customs charges.



Article 12



The representatives of the



1. representatives shall enjoy in the territory of any Member State of the Council of

privileges and immunities:



and) immunity from arrest or detention and against the criminal jurisdiction, as well as

as against the seizure of personal baggage;



(b)) the exemption from civil and administrative jurisdiction in respect of all acts,

which shall be made as representatives;



(c) inviolability of all documents) and documents;



(d)) the exemption from customs fees and charges for articles intended for personal

the need for, as well as from customs inspection of personal baggage, unless there are

serious grounds for believing that the baggage contains articles the import

or export of which is prohibited by law or legislation or is modified.

the quarantine regulations of the Member State of the Council; in such

cases, the inspection carried out in the presence of the person exemption

enjoys, or the person in charge of her;



e) exemption from personal obligations;



(f)) exemption from direct taxes and levies from the salary and other remuneration that


received from authorities or organisations state that appointed them.



2. the provisions of paragraph 1 of this article shall not apply in the relations between

authorities of the State and by officials appointed by that State.



3. a representative of the family members who accompany him to a meeting of the authority

The Council, if they are not citizens of the State, where the authority of the Council meeting is held, or

in it do not have permanent residence, shall enjoy the privileges and immunities set out in the

paragraph 1 (d)) and e) of this article.



Article 13



Administrative-technical staff



The person administratively technical personnel that accompany the representative of the

at the meeting of the authority of the Council, if they are not citizens of the State, where it takes place

meeting of the authority of the Council, or do not reside in it, enjoy immunity

to arrest or detention, and in the performance of their duties

immunity from criminal jurisdiction in respect of the seizure of personal baggage, and

the privileges and immunities set out in paragraph 1 (b)), c), (e) and (f)) article)

12 of this Convention. They are also exempted from customs fees and charges (with

the exception of the storage fees, carriage and similar types of

services) for articles intended for personal use.



Article 14



The status of people of high position



The heads of State, including members of the collegiate body of the executing function

the head of State under the Constitution of the State concerned, heads of Government, their

Vice Presidents, Foreign Ministers and other persons assimilated to them

built, if you lead a delegation to the meeting of the authority of the Council or are

its members shall enjoy the privileges and immunities laid down next to this Convention,

the privileges and immunities accorded to them under international law.



Article 15



A permanent prosecutor's Office



1. the Member States of the Council to the Council of prosecutors ' offices, which are composed

of the Deputy Permanent representatives, advisers and experts of the Standing

Representative, as well as the technical and administrative staff persons

personnel, which permanently resident in the host Member State of the Council for the purpose of

maintaining contacts with the embassies of other States, the Council Secretariat and the

to perform other functions related to the implementation of cooperation in the framework of the

The Council, for the purposes of this Convention, termed a permanent prosecutor's Office.



2. a permanent prosecutor's Office shall enjoy privileges and immunities in the

host State provided diplomatic missions.



3. the Member States of the Council shall notify the Secretary of the Council of the appointment of the official and

the appeal of the Deputy Permanent representatives, as well as consultants and experts

permanent officials before their arrival in the host Member State of the Council of

or their departure from it; the Secretary of the Council advise the Member States of the Council.



4. the permanent representatives, their aides, advisers and experts of the Permanent

representatives shall enjoy, in addition to the privileges and immunities set out in article 12 of the

paragraph 1 of this Convention, the privileges and immunities provided to diplomatic

representatives of the corresponding ranks.



5. persons administratively technical staff of the Permanent Council,

If they are not citizens of the host State or the Council do not have a permanent

stay, enjoy in carrying out their duties, privileges and immunities,

laid down in article 12, paragraph 1, letter a), b), c), (e) and (f)) of this)

of the Convention and shall be exempt from customs fees and charges (except for the

storage fees, carriage and similar types of services)

articles intended for personal use, including articles intended for

device when you first arrive in the host Member State of the Council and upon departure

from him, from the procurement of export items, imported by them when

arriving in this State.



6. the permanent representatives of the families, their deputies, advisers and

experts of the permanent representatives, if they are not citizens of the host State

The Council, or do not reside in it, shall enjoy the same privileges and immunities,

What are the members of the families of the diplomatic representatives shall enjoy the corresponding

the rank.



Members of the families of administratively technical staff of the Permanent

the Prosecutor's Office, if they are not citizens of the host State or Council

do not have permanent residence, shall enjoy the privileges and immunities set out in article 12 of the

paragraph 1 point (e)) of this Convention.



7. persons leaving the staff of the Permanent Council, if they are not

the host Member State of the Council of citizens or do not have permanent residence,

shall enjoy immunity in respect of acts performed by them in the performance of

official duties and shall be exempt from direct taxes and fees from the

wages and other remuneration paid to them by a permanent prosecutor's Office.



8. the host State Council creates for a permanent prosecutor's Office terms and conditions

necessary for the performance of their functions. Helps workers permanent

the Prosecutor's Office and to members of their families in the provision of medical care and

cultural and social services, including the provision of accommodation and

other services in similar terms as the staff of diplomatic

missions.



9. Articles imported by permanent representations may be disposed of in

the host Member State of the Council in accordance with its provisions.



10. The provisions of paragraphs 2, 4 and 8 of this article shall not apply in respect of

between the authorities of the State and a permanent prosecutor's Office of that State.



Article 16



Waiver of immunity



1. The privileges and immunities provided for in article 12, 13 and 15 of the Convention shall provide

those persons in them solely in the interests of the independent exercise of their functions

representatives and persons administratively technical and service staff.

While it is understood that each of the Member States of the Council, whose representatives,

the person administratively technical and service personnel shall enjoy the privileges

and immunities on the basis of this Convention, they waive the immunity of the persons referred to in

articles 12, 13 and 15 of this Convention in those cases in which, in the opinion

This state of immunity is preventing the administration of Justice and waiver of immunity

will not be detrimental to the objectives for which it was provided.



2. the waiver of the immunity from civil and administrative jurisdiction does not mean

waiver of immunity from enforcement, and a preliminary measure for the

where it is necessary to give up immunity.



3. the immunity of the representatives of the States and the people of the technical and administrative

the staff of the personnel towards the jurisdiction of the host State of the Council of

or the State in which the institutions of the Council meeting is held, it does not mean their

the exclusion from the jurisdiction of the State of which they are citizens.



4. If the State won't give up immunity to any person referred to in paragraph 1

This article in the case of a civil action, will make every effort to

a fair settlement of the matter.



Article 17



Officials Of The Council Of



1. Officials of the Council shall enjoy in the territory of any Member State of the Council of

the following privileges and immunities:



and) including criminal, civil and administrative jurisdiction in respect of

all meetings shall take as officials;



(b) the exemption from personal obligations);



(c)) exemption from direct taxes and levies from the salary and other remuneration to them

shall be paid by the Council;



d) inviolability of all documents and documents;



e) exemption from customs fees and charges (except for storage

fees, transport and similar types of services) for items,

which are intended for personal use, including articles intended for

device when you first arrive in the host Member State of the Council and upon departure

from him, from the procurement of licences for the export of articles imported by them when

arriving in this State. The items in question may be imported Council

in the host Member State of the Council disposed of, in accordance with its legislation;



(f) exemption from customs inspection) personal baggage, if not serious

reasons for believing that the baggage contains articles the import or

the export of which is prohibited by law or legislation, or modified

the quarantine regulations of the Member State of the Council; in such

cases, the inspection carried out in the presence of the person exemption

He enjoys his or her charge.



2. the Secretary of the Council and its náměstkové in addition to the privileges and immunities enjoyed by

referred to in paragraph 1 of this article, the privileges and immunities provided by the

diplomatic representatives.



Members of the family Council and his Deputy Secretary, if not citizens

the host Member State of the Council, or do not reside in it, enjoy

the same privileges and immunities as are enjoyed by members of the families, the diplomatic

representatives.



3. The privileges and immunities provided for in this article shall be provided in the

those persons in the sole interest of the Council and of the independent exercise of their official

functions of such persons. The Secretary of the Council has the right and the duty to waive the

the immunity granted to any officials in those cases in which

in his opinion, the immunity is preventing the administration of Justice and it can be with her

give up, without detriment to the interests of the Council. As far as the Secretary of the Council

and his Deputy, it is right to give up the immunity to the Executive Committee of the Council.



4. The provisions of paragraph 1 (b)), e) and (f)) of this article shall not apply

in the relations between Council officials and the State of which they are citizens, or in

where they have permanent residence and the provisions of paragraph 1 (c)) shall not apply

the citizens of the host State Council.



The competent authorities of a Member State, the Council shall, on a proposal from the Secretary of the Council

a list of the officials of the Council that they are citizens of this State, who shall be

enjoy the temporary exemption from personal obligations.



5. persons administratively technical staff of the Council, if they are not

the host Member State of the Council of citizens or do not have permanent residence,

enjoy in carrying out their duties, privileges and immunities


referred to in paragraph 1, letters a) and b) of this article and shall be exempt

from customs fees and charges (except for storage fees and

freight charges) for items that are intended for personal

the need for including articles intended for the device the first time arrival to

the host Member State of the Council and upon departure from him from the procurement permit

for the export of items imported by them upon arrival in this State.



6. The provisions of paragraph 1 (b)), e) and (f)) of this article shall apply

the members of the families of the officers of the Council if they are not nationals of the host

the State Council, or do not reside in it.



7. the Executive Committee of the Council on a proposal from the Secretary of the Council specifies the categories of

officials of the Council, subject to the provisions of this article. The names of the

the officials of the Council of the Secretary of the Council to the Member States to announce the Council.



8. In the event of damage caused by car or other transport

funds belonging to officers of the Council or are controlled by them, will be

These persons, without prejudice to the privileges and immunities enjoyed by by

This article, cooperate with the competent authorities of the Member State of the Council,

on the territory of which the accident occurred, in order to help determine

factual circumstances such an accident.



Council officials have met the obligations, arising from the laws of the host

the State Council on insurance against third party liability in respect of

the means of transport belonging to them.



Issues related to damages caused by car or in other

means of transport that belong to the Council or officers were them

controlled, will be governed by a special protocol.



Article 18



Representatives of non-Member States of the Council of



The privileges and immunities provided for in this Convention shall provide to the representatives of

non-Member States of the Council, which will be attended by invitation of the Council work

its institutions.



Article 19



Assistance to States to the Council



The host State Council or the State in which the authority of the Council meeting is held,

provides the Council and the persons enjoying privileges and immunities under the Convention,

the necessary assistance for the purpose of fulfilling unimpeded and make best

of their functions.



This assistance consists in particular in securing the necessary conditions for the holding of the

meetings of the organs of the Council, in the provision of business and living rooms,

medical assistance and other social and municipal services representatives

States and the officials of the Council according to the laws of that State.



Article 20



Cooperation with the Member States of the Council of the Council of



The Council works with the host State Council, as well as with other

the Member States of the Council on questions of application of the provisions of this Convention.



Article 21



Compliance with the laws and regulations of the Member States of the Council of



Without prejudice to the privileges and immunities provided for in this Convention are the Council, the

a permanent prosecutor's Office and all persons enjoying such privileges and

immunities to respect the laws and regulations of the Member State

The Council, in whose territory they are situated.



Article 22



How to resolve issues that may arise in connection with the interpretation and

the implementation of the Convention



All the questions related to the interpretation and implementation of this Convention between the two

or more Member States of the Council, will be resolved through consultations between the

them or by other agreed manner at the request of one of those States and

in the case of questions relating to the Council with the participation of representatives of all the Member

States of the Council, as well as the Secretary of the Council.



Article 23



Final provisions



1. this Convention, after approval by the meeting of the Council shall be open for signature

the Member States of the Council 1. January 1986.



2. this Convention requires ratification by States that have signed it, in accordance

with their respective constitutional requirements.



The instruments of ratification shall be deposited with the depositary of this Convention.



3. the Convention shall enter into force as soon as all States which have signed this

the Convention, ratification of the Charter; shall inform the depositary of these States.



4. the Member States of the Council, which have not signed the Convention to the end of the period

referred to in paragraph 1 of this article may accede to it at any time.

The Convention will come into force on the day for them to save the document on access.



5. The date on which this Convention comes into force, it will replace, in relations between

the Member States of the Council that it signed the Convention on legal capacity,

the privileges and immunities of the Council for mutual economic assistance, signed in

Sofia on 14 June 2005. December 1959.



6. for each State which, in accordance with article II, paragraph 2, of the Statute of the Council of

mutual economic assistance will be accepted into the Council and declares that he agrees

with access to this Convention, this Convention shall come into force on a provisional basis

the date when the Council decides on the acceptance of that State as a member of the Council,

and the date on which the State saves the document of ratification of the Convention;

the depositary shall inform the Member States.



7. each Member State of the Council which is a party to this Convention may

propose its amendment. The amended text of the Convention shall enter into force on the date of the imposition of

the documents of ratification by all the Member States of the Council of the amendments, which are

Parties to this Convention, with the depositary.



8. after the entry into force of the Convention shall be registered by the depositary in accordance

with article 102 of the Charter of the United Nations.



9. the present Convention is drawn up in a single original in the Russian language. Convention

shall be deposited with the Government of Union of Soviet Socialist Republics, which

certified true copies of the Convention shall be circulated to Governments of all the other Member States

The Council, which are parties to the Convention, and will be aware of these Governments and the

the Secretary of the Council on deposit instruments of ratification with the Government of the Union of Soviet

Socialist Republics.



Given in Warsaw on 27. June 1985.

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