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On The General Agreement On Privileges And Immunities Of The Council Of The Third Protocol

Original Language Title: Par Vispārējā līguma par Eiropas Padomes privilēģijām un imunitātēm Trešo protokolu

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The Saeima has adopted and the President promulgated the following laws: The General Agreement on privileges and immunities of the Council of the third Protocol to article 1. 6 March 1959 in the General Agreement on privileges and immunities of the Council of the third Protocol (hereinafter referred to as the Protocol) with this law is adopted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put the Protocol in English, and its translation into Latvian language. 3. article. This Protocol shall enter into force on it in article 17 within the time and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The Parliament adopted the law of November 2. State v. President Vaira Vīķe-Freiberga in Riga 2000. on 17 November, the Third Protocol to the General Agreement on Privileges and of the Council of Immunit to Europe the Governments signatory of the heret, being members of the Council of Europe, the signator of the General Agreement on Privileges and of the Council of Immunit to Europe or parties to the said agreement and, at the same time, members of the Council of Europe for National refugees Resettlemen to Fund1 and Over-Population; Having regard to the provision of Article I and IX (g) of the articles of agreement of the aforesaid Fund; Having regard to article 40 of the Statute of the Council of Europe; Desiro of defining the legal regime of the property, assets and operations of the Resettlemen Fund, and the legal status of its organs and officials; Considering that it is not the cessary facilitat the realisation of the statutory purpose of the Fund by the most of the possible reduction in genero direct or indirect taxation regimes by the operations of the Fund and borne ultimately by the loans granted by a beneficiar of the Fund; Desiro of supplementing, in respect of the Resettlemen Fund, the provision of the General Agreement on Privileges and of the Council of Immunit to Europe, have agreed as follows: part I, articles OF agreement, PERSONALITY, CAPACITY2 article I the articles of agreement of the Council of Europe Fund, as approved by Resettlemen the Committee of Minister in Resolution (56), as amended by the 9 or the aforesaid Committee , or by the Each Body acting within the limits laid down in article IX (h) of the said articles of agreement, shall be an integral part of the present Protocol. The Council of Europe shall posses a Resettlemen Fund juridical personality and, in particular, the capacity: (i). the contract; II. to acquir and dispos of immovabl and movable property; III. the Institute legal proceedings; IV. to carry out any transaction related to its statutory purpose. The operations, acts and contracts of the Resettlemen Fund shall be governed by this Protocol, by the articles of agreement of the Fund and by regulations issued in pursuanc of the said articles of agreement. In addition, a national law may be applied in a particular case, provided that the Fund shall expressly theret of agreat and that such law does not derogat from this Protocol nor from the said articles of agreement. Part II courts, PROPERTY, assets, operations article 2 Any competent the Court of a Member of the Fund or of a State in whose territory the Fund has contracted or guaranteed a loan may hear suits in which the Fund is a defendan. Not vertheles: i. shall be No action in such courts, brough either against the Fund by a Member or a person acting for or deriving claims from a Member, or by the Fund against a Member or the persons aforesaid; II. Difference arising out of any of the loan or guarantee contract concluded by the Fund with a Member or with any other borrower approved by that Member shall be settled by arbitration in accordanc with procedure put down in the said contract. The difference arising out of any loan or guarantee contract signed by the Fund shall be settled by arbitration procedure under the arrangements specified in the Loan regulations drawn up in pursuanc of article X, Section I (d), of the articles of agreement of the Fund. Article 3 the property and assets of the Fund, wheresoever located and by whomsoever held, shall be from all forms of immun chicken pox vaccine and, attachment or execution before the delivery against the Fund of an enforceabl of judgement which can not longer be disputed by common remedies at law. Enforcement of awards by execution, where such awards result from arbitration in accordanc with the third paragraph of article 2 shall, in the territory of members of the Fund, take place through the legal channels for prescribed in each such Member State and after endorsement with the customary executory formula in the State in whose territory the award is to be executed; for the purpose of such endorsement shall be required from other than verification check that the award is authentic, that it conform to the rules concerning competence and procedure set forth in the regulations of the Fund Loan and that it does not conflict with a final judgement passed in the country concerned. Each signatory shall, on deposit of its instrument of ratification, notify the other through the Secretary General a signator of the Council of Europe what authority is competent under its law to discharge this formality. Article 4 the property and assets of the Fund, wheresoever located and by whomsoever held, shall be from search, requisition, immun confiscation, expropriation or any other form of distrain by Executive or legislative action. The building and the premises used for the operations of the Fund, and also its archives, shall be inviolabl. Article 5 To the exten to cessary to the achievement of its statutory purpose of the Fund may: a. hold currency of any kind and operate accounts in any currency; (b) freely transfer its funds. through banking channels from one country to another or within any country and convert any currency held by it into any other currency. In exercising its rights under this article, the Fund shall pay due regard to any representation made to it by the Government of any Member. Article 6 the property and assets of the Fund shall be free from restriction, regulation, control and moratori of any nature. Article 7 the Resettlemen Fund and it is assets, income and other property shall be main from all direct taxes. The Fund shall be the main Resettlemen from all taxes in the territory of members of the Fund in respect of transactions and operations relating to loans contracted by the Fund with a view to applying their proceed, in accordanc with its purpose, the needs of the refugees and the population or relating to surpl loans granted or guaranteed by the Fund in accordanc with its statutory provision. The Fund shall not be granted exemption from any rates, taxes or is merely of which to sow charges for public utility services. Members of Governments shall, whenever possible, make appropriate arrangements for: (a) exemption from taxes. on income derived from interest on bonds issued or loans contracted by the Fund; (b) the remission or return of. excise duties and taxes which form part of the price to be paid for movable or immovabl property or of the payment for services rendered, when the Fund, for official purpose, is making a substantial purchase or procuring services the total cost of which includes such excise duties and taxes. From the tax of any kind shall be levied on any security or bond issued or guaranteed by the Fund (or any dividend or interest thereon), by whomsoever held: (a) which of the discriminat against such security or bond solely because it is issued or guaranteed by the Fund; or (b) if the sole legal basis for such tax is the place or currency in which the security or bond is issued, guaranteed, made payable or paid, or the location of the headquarters or of any Office or place of business maintained by the Fund. Article 8 the Fund shall be the main from all customs duties, prohibition and restriction on imports and exports in respect of articles required for its official use, unless such prohibition or restriction of the have been imposed for reasons of ordre public, safety or health. Articles imported under exemption will not be disposed of in any way in the country into which they are imported, except under conditions approved by the Government of that country. Part III organs article 9 the organs referred to in article VIII of the articles of agreement of the Fund shall enjoy in the territory of each Member State, for their official communications, treatment at least as favourabl as that accorded by that Member to diplomatic missions of any other Government. From censorship shall be applied to the official communications correspondenc and other official of the organs of the Fund. Article 10 members of the Each Body, the Administrative Council and the Auditing Board shall be from legal process immun in respect of words spoken or written and all acts performed by them in their official capacity and within the limit of their authority. They shall continue to enjoy such immunity after their terms of Office have expired. In addition, they shall be accorded the same immigration restriction and the immunit from alien registration requirements and the same Exchange and travel facilities as is accorded by members to the representatives of other Governments of the Fund having comparabl rank. The sum is paid to them in respect of expense not incurred cessarily in the discharge of their duties shall be main from taxation. Article 11 the privilege and to the immunit accorded to the individual is mentioned in article 10 not for their own personal benefit, but in order to safeguard the independent exercise of their functions. Consequently, a member not only has the right, but is in duty bound, waiv the immunity of its representatives in any case where, in the opinion of the member, the immunity would imped the course of Justice, and where it can be waived without prejudice to the purpose for which it is accorded. Article 12 (a). The provision of articles 10 and 11 may not be invoked by a representative against the authorities of the State of which he is or has been the representative; b. articles 10, 11 and 12 (a) shall apply equally to deputy representatives, adviser, technical experts and a delegation of the secretar. On the OFFICIAL IV of article 13 the Governor and officials of the Fund shall be accorded the privileges and to specified in the article immunit 18 of the General Agreement on Privileges and of the Council of Immunit to Europe. The Governor will specify the categories of officials to which the provision of the aforesaid article shall apply. The communications specified in article 17 of the General Agreement on Privileges and the of the Council of Immunit Europe shall be made by the Secretary General of the Council in respect of the Governor and also of the officials referred to in the preceding paragraph. The Secretary General, after consulting the Governor, shall have the right and the duty to waiv the immunity of any official in any case where he consider that immunity would imped the course of Justice and can be waived without prejudice to the satisfactory operation of the Fund. In the case of the Governor, the Each Body of the Fund shall have the right of immunity waiv it. Part V APPLICATION OF the agreement article 14 the Governments of Member States of the Fund to seek such constitutional authority undertak axis may be does not fulfil the cessary to statutory obligation is assumed by those States vis-?-vis the Resettlemen Fund. They likewis to seek the undertak such authority in good time in order to be able to fulfil any undertaking into which they may have entered as borrower or guarantor, in accordanc with article VI, Section 3, of the articles of agreement of the Resettlemen Fund. Article 15 the Fund may with any Member State conclud special agreements on the detailed application of the provision of the present Protocol, supplementing the said provision or derogating from those of article 13 above. It may likewis of agreements with any conclud a State which is not a member of the Fund, modifying the application of the provision of the present Protocol so far as that State is concerned. For the FINAL article 16 of COMMISSION VI of the present Protocol shall be ratified and the instruments of ratification deposited with the Secretary General of the Council of Europe. It shall enter into force as soon as three signator to representing at least one-third of the Fund's holdings have deposited their instrument of ratification. For the other members of the Fund it shall enter into force on the date when the instrument of ratification of their respectiv are deposited. Vertheles not, pending the entry into force of this Protocol in accordanc with the foregoing paragraph, the signator to agree, in order not to delay the satisfactory operation of the Fund, to apply the Protocol provisionally from 1st September 1958, or, at the latest, from the date of signature, to the exten to compatible with their constitutional rules. Article 17 Any Government which become a Member of the Resettlemen of the Fund after the signature of the present Protocol may accede by depositing an instrument theret of accession with the Secretary General of the Council of Europe. Such accession shall become effective on the date of deposit if this takes place after the Protocol has entered into force, and upon the date of such entry into force if the accession takes place prior to that date. Any Government which has deposited an instrument of accession before the entry into force of the Protocol shall immediately apply the latter provisionally, to the exten to compatible with its constitutional rules. In witness whereof the undersigned have signed the plenipotentiar to the present Protocol. Done at Strasbourg, this 6th day of March 1959, in English and French, both texts being equally authentic, in a single copy which shall remain in the archives of the Council of Europe. The Secretary General shall transmit certified cop to it each of the signator to the or acceding States.

For the Government of the Kingdom of Belgium For the Government of the French Republic Jean LeCompte Boine Salmon a Signed at Paris on17th March 1959 For the Government of the Federal Republic of Germany As regards tax exemption, the Federal Republic of Germany will be unable to grant the Resettlemen Fund loans more advantageo than those accorded to the terms to its own loan or the loan of other international organisations. Article 7, paragraph 4, therefore entail any obligation cannot-on the part of the Government of the Federal Republic of Germany to make the arrangements for the mentioned therein. Dr. Adolph Signed at Paris on Reifferscheid to 18th March 1959 For the Government of the Kingdom of Greece For the Government of the Republic by the Icelandic Cambalour Petur Eggerz n. Signed on 18th March 1959, Signed at Strasbourg on 20th April 1959 For the Government of the Italian Republic With regards to article 3, Italy reserve the right, in view of the general principles of its legal system , not to enforce by execution awards arising from the arbitration procedure mentioned in article 2, paragraph 3, when such awards are contrary to the national ordre public. The Bombass de Vettor For the Government of the Grand Duchy of Luxembourg For the Government of the Turkish Republic Pierre Wurth m. Boroval Signed at Paris on 17th March 1959 Signed at Strasbourg on 31th March 1959 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 N.B. Since the entry into force on 1 November 1999 of the decision of the Board of Each 28 June 1999 on the change of the name of the Institution , the reference to the "Council of Europe Resettlemen Fund" should be read as a reference to the "Council of Europe Development Bank". 2 NB: since the entry into force of the articles of agreement approved in 1993, all reference to the "Body" should be read as Each reference to the "Board" Each.

The General Agreement on the immunities of the Council of Europe, the third Protocol this document signed between the Government of the Member States of the Council of Europe which have signed the General Agreement on privileges and immunities of the Council or the parties to the agreement and at the Council of Europe Member States of national fonda1 of refugees in the light of that Fund and article I of the Treaty (g) of article IX; having regard to the Statute of the Council of Europe, article 40; Desiring to determine national refugee fund property, assets and operations of legal and institutional arrangements and the legal status of officials; considering that it is necessary to promote the Foundation's statutory goals, reducing the taxation of the Fund's activities with direct or indirect taxes that affect the recipients of the loans granted by the Fund; wishing for a national refugee fund to supplement the General Agreement on privileges and immunities of the Council, agreed to the following: (I) the contract, the PERSON, article 1 of the European Refugee Fund Council the national contract, which was approved by the Committee of Ministers (56) 9. resolution or with that Committee the amendments made or with amendments made by the Management Board, acting in agreement that article IX (h) the rules set out in part within the is an integral part of this Protocol. The European Refugee Fund, the National Council has the legal right and authority to enter into contracts: i.; II. getting the property and dispose of immovable and movable property; III. legal action in court; IV. to carry out any transactions related to its statutory objectives. National refugee fund transactions, documents and contracts are regulated by this Protocol, the provisions of the Foundation Agreement and issued in accordance with this agreement. Given situation can be used in national laws, if the Foundation agrees to the conditions and the application of this Act or by this Protocol not, not the rule of force. Part II courts, property, assets, operations, article 2, any Member State of the Fund or the Court of the State in whose territory the Fund contracted or guaranteed loans, are competent to hear cases in which the Fund is a defendant. But neither a Member State: i. nor any person operating or action on behalf of a Member State, does not give a legal action against the Fund, nor the Fund against the Member State or the above mentioned persons; II. differences arising from any loan or guarantee contract concluded by the Fund in a Member State or by any other borrower, and approved by that Member State, are addressed in the arbitration in accordance with the procedures laid down in the Treaty. Disputes arising from the conclusion of the Fund any loan or guarantee contract, are addressed in the arbitration in accordance with the procedure contained in article X of the Treaty of the Fund (d) of part I of the rules laid down on the loans. Article 3 the Fund's property and assets, wherever located and by the holder, shall be exempt from any kind of property description, property seizure or enforcement to the Fund before the entry into force of the judgment that it is not possible to continue to challenge the law. Arbitration enforcement of the decision, if the decision has been taken in accordance with article 2, part 3, going with the Fund Member States ' law-enforcement bodies after this decision has been confirmed in the Member State where the decision is enforceable. To perform the validation, do not need any other check, except verification that the arbitration decision is legitimate and complies with the conditions of competence and procedure laid down in the Fund rules on loans, and that it is not contrary to specific country adopted a definitive judgment. Each Member State shall, when submitting the instruments of ratification of the Protocol, inform the other Member States of the Council of Europe Secretary General's mediation body that is empowered to execute the the approval procedure in accordance with national legislation. Article 4 the Fund's property and assets, wherever located and holder, is exempt from search, requisition, confiscation, expropriation or any other administrative or judicial seizure of power. Buildings and spaces that are used by the Foundation's activities, as well as the archives are inviolable. 5. article to the extent necessary to achieve the Fund objectives the statutes, it may: (a) possess any. currency and open bank accounts in any currency; b. free your funds transfer with the bank through any country inside or from one country to another country and change any currency it holds against the other. Application of its rights under this article, the Fund shall take into account any representations made to it by the Government of any Member State. Article 6 property and assets of the Fund are not subject to any restrictions, regulations, controls and moratoria. Article 7 national refugee fund and its assets, income and other property are exempt from all direct taxes. The Fund's business and operations related to the lending effort and congested areas or issued or guaranteed by the Fund loans in accordance with the rules laid down in the statutes, is exempt from all taxes in the territory of the Member States of the Fund. The Fund is not relieved of any rates, taxes or dues which are intended as a fee for the use of public services. The Governments of the Member States shall, wherever possible, take the appropriate measures to: (a) exempt income. that way the interest on bonds issued by the Fund or its loans issued from taxation income taxes; b. exempt from excise tax payments or ensure repayment in respect of movable or immovable property acquisitions, purchases or services that the Foundation will take its business objectives. The Fund issued or guaranteed securities or bonds (and any associated dividends or interest) may not be taxed regardless of who would be their holder: a. If the tax discriminates against such securities or bonds only because they are issued or guaranteed by the Fund; or (b). If the legal justification the only tax issue is the place or currency in which the securities or a bond is issued, guaranteed, paid, or headquarters of the Foundation or any of its Office or place of business. Article 8 the Fund is exempt from all customs duties, prohibitions and restrictions on imports and exports of goods, which are intended for official use of the Fund, provided that such prohibitions or restrictions are not set for public order, security or health reasons. Goods imported free of duty, are not implemented in the country in which they are imported, except the conditions approved by the Government. Part III institutions article 9 the Fund's bodies referred to in article VIII of the Treaty of the Fund, in respect of their official statements in the territory of each Member State are given the same favourable conditions as any other State to diplomatic representation in that Member State. The Foundation's official correspondence of the institutions and other official statements are not subject to censorship. Article 10 the Executive Board, the Audit Board and Council members are granted immunity against trial for expressed or written words and to all activities, carrying out official duties within their competence. They continue to maintain such immunity even after leaving the position occupied. They are granted the same immunity with respect to immigration restrictions, and alien registration-related requirements as well as the same movement and travel benefits, a Member State shall grant the other the Fund represented the Government in a similar ranking representatives. The amount that they are granted to cover expenditure in connection with the exercise of responsibilities, are exempt from taxation. Article 11 privileges and immunities are granted to 10 persons referred to in article rather than their own personal well-being, but to ensure their independent responsibilities. Thus, a Member State has not only the right but also the duty to cancel his immunity when the representatives at the Member State's discretion, such immunity would impede the process of the Court, if it does not prevent its target, was granted immunity. Article 12 (a). Member State representative may not be used in article 10 and 11 of the rules against the State authorities that he represents or has represented; b. Article 10, 11 and 12 (a) of article is suitable also for the representatives of Member States, alternates, advisers, technical experts and Secretaries of delegations. Part IV article 13 employees of the trustee of the Fund and employees are granted privileges and immunities, which are stipulated in the General Agreement on privileges and immunities of the Council in article 18. The proxy determines the category of employees covered by the above article. The General Agreement on privileges and immunities of the Council set out in article 17 information about Governors and employees referred to in this article shall provide the Secretary General of the Council of Europe. The Secretary-General, after consultation with the trustee has the right and the responsibility to cancel any employee's immunity if this immunity could interfere with the judicial process and if the cancellation is not detrimental to the success of the Fund. The Trustees of the Foundation shall be entitled to cancel the immunity of the Fund's Executive Board. Part v-application of article 14 of the Treaty, the Governments of the Member States of the Fund undertake to find a constitutional mandate, required to comply with the Foundation's statutory obligations, which these countries are committed to fulfil in relation to the National Fund for refugees. They undertake to carry out the above in a timely manner, in order to fulfil any obligations, as borrower or guarantor, in accordance with the national refugee fund article VI of the Treaty. Article 15 the Foundation with any Member may conclude special agreements for the application of the provisions of this Protocol, supplementing or amending those provisions in the terms of article 13. The Fund may conclude similar agreements with any State not a member of the Fund, applying the provisions of this Protocol according to national specificities. Part vi final clauses article 16 this Protocol ratificējam and the instruments of ratification are to be submitted to the Secretary-General of the Council of Europe. The Protocol will enter into force as soon as the three Member States, representing at least one third of the capital of the Fund, submitted their instruments of ratification. Other Member States of the Fund, this Protocol shall enter into force the relevant instrument of ratification date. While this Protocol in accordance with the provisions laid down in this article has not yet entered into force, so as not to hinder the smooth functioning of the Fund, Member States agreed to apply the protocol provisionally from 1 September, 1958 or even later from the date of its signature, according to their respective constitutional requirements. Article 17 any Government which becomes a member of the Fund after the signing of this Protocol may accede to this Protocol, by an instrument of accession with the Secretary-General of the Council of Europe. Such accession shall take effect on the date of submission of the document, if it takes place after the filing date of entry into force of the present Protocol, and the date of entry into force of this Protocol if the accession has taken place before this date. Any Government that has presented the instrument of accession before the entry into force of the Protocol, the Protocol without delay the conditions, according to preliminary national constitutional norms. In witness whereof, the Plenipotentiaries of the Member States representatives signed the Protocol. Drawn up in Strasbourg on 6 March 1959, in English and in French, both texts being equally authentic, in a single copy, stored in the archives of the Council of Europe. The Secretary-General shall send certified copies to each of the Protocol state that signed this Protocol or acceded to the Protocol.

The Kingdom of Belgium, on behalf of the Government of the French Republic, on behalf of the Government of Jean LeCompte Boine Salmon signed in Paris on 17 March 1959 the Government of the Federal Republic of Germany, on behalf of the Federal Republic of Germany failure of national refugee fund loans to determine the most advantageous tax conditions for the release of those who are in regard to the Federal Republic of Germany or other international loans. Thus, article 7 paragraph 4 cannot be binding on the Government of the Federal Republic of Germany with respect to the above agreement. Dr. Adolph Reifferscheid signed in Paris March 18 1959 in Greece on behalf of the Government of the Kingdom of Iceland on behalf of the Government of the Republic of Cambalour by Petur Eggerz n. signed 18 March 1959, signed in Strasbourg on 20 April 1959, at the Government of the Republic of Italy relating to article 3 of Italy reserves the right, in the light of its legal system, the General principles, not to enforcement under article 2, paragraph 3 of the arbitration procedure set out in the If the arbitration decision is contrary to the public policy of the national. The Bombass de Vettor Grand Duchy of Luxembourg on behalf of the Government of the Republic of Turkey, on behalf of the Government of Pierre Wurth m. Boroval signed at Paris 17 March 1959, signed in Strasbourg on 31 March 1959 in _____ _____ _____ _____ _____ _____ 1 1955 December 13 was created the National Fund for refugees. The Treaty was adopted on 16 April 1956. 1989-109 of the Board of the Council of Europe. the meeting it was decided to change the name of the institution and to replace the name "National Fund for refugees" with the name of "social development". Due to the 28 June 1999 the European Council decision of the Board of Directors of the institution's change of name and the date of entry into force of this decision in 1999, November 1, the reference to "National Council of European Refugee Fund" should be read as a reference to "Council of Europe development bank".