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.
