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On 13 February 1946, The United Nations Convention On The Privileges And Immunities Of The Organization

Original Language Title: Par 1946.gada 13.februāra Konvenciju par Apvienoto Nāciju Organizācijas privilēģijām un imunitātēm

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The Saeima has adopted and the President promulgated the following laws: On 13 February 1946, the United Nations Convention on the privileges and immunities of the organisation article 1. of 13 February 1946, the United Nations Convention on the privileges and immunities of the Organisation (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put the Convention in English and its translation into Latvian language. 3. article. The Ministry of Foreign Affairs in cooperation with the Ministry of Finance on the basis of this law provides for the implementation of provisions of the Convention, the Republic of Latvia. 4. article. The Convention shall enter into force on its article 32 and for the period specified in the order, and shall notify the Ministry of Foreign Affairs Gazette "journal". The Parliament adopted the law of 1 October 1997. The President g. Ulmanis in Riga, 1997 October 15 13 February 1946 Convention on the Privileges and to the Immunit of the United Nations whereas the article 104 of the Charter of the United Nations provides that the Organization shall enjoy in the territory of each of its members such legal capacity as may be not cessary for the exercise of its functions and the fulfilmen of its purpose and whereas article 105 of the Charter of the United Nations provides that the Organization shall enjoy the in the territory of each of its members such privileges and not the axle to the immunit cessary for the fulfilmen of its purpose and that the representatives of the members of the United Nations and officials of the Organization shall similarly enjoy such privileges and not the axle to the immunit cessary for the independent exercise of the functions in the connection with the Organization. Consequently the General Assembly by a resolution adopted on 13 February 1946, approved the following convention and proposes it for accession by each Member of the United Nations. Article I Juridical Personality Section 1. The United Nations shall posses a juridical personality. It shall have the capacity: (a) to contract; (b) the dispos of acquir and immovabl and movable property; (c) to institute legal proceedings. Article II Property, funds and assets Section 2. The United Nations, its property and assets wherever located and by whomsoever held, shall enjoy immunity from legal process in the form of a very main in so far as in any particular case it has expressly waived its immunity. It is, however, understood that from the waiver of immunity shall extend to any measure of execution. Section 3. The premise of the United Nations shall be inviolabl. The property and assets of the United Nations, wherever located and by whomsoever held, shall be and immun from confiscation, expropriation, requisition, search, and any other form of interference, whethers by Executive, administrative, judicial or legislative action. Section 4. The archives of the United Nations, and in general all documents belonging to it or held by it, shall be located wherever the inviolabl. Section 5. Without being restricted by financial controls, regulations or of any kind, moratori (a) the United Nations may hold funds, gold or currency of any kind and operate accounts in any currency; (b) the United Nations shall be free to transfer its funds, gold or currency from one country to another or within any country and to convert any currency held by it into any other currency. Section 6. In exercising its rights under section 5 above, the United Nations shall pay due regard to any representation made by the Government of any Member in so far as it is considered that effect can be given to such representation without detrimen to the interests of the United Nations. Section 7. The United Nations, its assets, income and other property shall be: (a) main from all direct taxes; It is understood, however, that the United Nations will not claim exemption from taxes which are, in fact, no more than charges for public utility services; (b) customs duties from main and prohibition and restriction on imports and exports in respect of articles imported or exported by the United Nations for its official use. It is understood, however, that articles imported under such exemption will not be sold in the country into which they were imported under main conditions agreed with the Government of that country; (c) customs duties from main and prohibition and restriction on imports and exports in respect of its publications. Section 8. While the United Nations will not, as a general rule, claim exemption from excise duties and from taxes on the sale of movable property which form of the immovabl and of the price to be paid, not vertheles, when the United Nations is making important purchase for official use of property on which such duties and taxes have been charged or are in chargeabl , Members will, whenever possible, make appropriate administrative arrangements for the remission or return of the e the amount of duty or tax. Article III facilities in respect of Communications Section 9. The United Nations shall enjoy in the territory of each Member for its official communications treatment not less favorable than that accorded by the Government of that Member to any other Government, including its diplomatic mission, in the matter of allocation, rates and taxes on mails, cables, radiogram, telegram, telephotos, telephone and other communications; and press rates for information to the press and radio. From censorship shall be applied to the official communications correspondenc and other official of the United Nations. Section 10. The United Nations shall have the right to use codes and to dispatch and receive its correspondenc by courier or in bags, which shall have the same privileges and diplomatic immunit axis of the courier and the bag. Article IV the representatives of members Section 11. Representatives of members to the principal and subsidiary organs of the United Nations and to conferences convened by the United Nations, shall, while exercising their functions and during their journey to and from the place of meeting, enjoy the following privileges and immunit. (a) immunity from personal arrest or detention and from chicken pox vaccine and of their personal baggag, and, in respect of words spoken or written and all acts done by them in their capacity as representatives, immunity from legal process of every kind; (b) inviolability for all papers and documents; (c) the right to use codes and to receive papers and correspondenc by courier or in sealed bags; (d) exemption in respect of themselves and their spouse from the immigration restriction, alien registration or national service obligations in the State they are visiting or through which they are passing in the exercise of their functions; (e) the same facilities in respect of currency or Exchange restriction as is accorded to the representatives of foreign Governments on temporary official missions; (f) the same facilities in respect to the immunit and of their personal life with their accorded baggag as diplomatic envoy, and also; (g) such other privileges, and facilities, not immunit inconsistent with the foregoing as diplomatic envoy in the main you enjoy shall have no right to claim exemption from customs duties on goods imported (otherwise than as part of their personal baggag) or from excise duties or sales taxes. Section 12. In order to secure for the representatives of members to the principal and subsidiary organs of the United Nations and to conferences convened by the United Nations, complete freedom of speech and independence in the discharge of their duties, the immunity from legal process in the words spoken or written and all acts done by them in discharging their duties shall continue to be accorded , notwithstanding that the persons concerned are no longer the representatives of members. Section 13. Where the incidence of any form of taxation will depend upon residence, periods during which the representatives of members to the principal and subsidiary organs of the United Nations and to conferences convened by the United Nations are present in a State for the discharge of their duties shall not be considered as of residence. Section 14. Privilege and to the immunit accorded to the representatives of members not for the personal benefit of the individual themselves, but not orders to safeguard the independent exercise of their functions in connection with the United Nations. Consequently, a member not representative in any case where in the opinion of the Member, the immunity would imped the course of Justice, and it can be waived without prejudice to the purpose for which the immunity is accorded. Section 15. The provision of section 11, 12 and 13 are applicable as between a progress representative and the authorities of the State of which he is a national or of which he is or has been the representative. 16. Section IN this article the expression "representatives shall be deemed to include ' all to the members of the deputy, adviser, technical experts and a delegation of the secretar. Article V officials Section 17. The Secretary-General will specify the categories of officials to which the provision of this article VII shall apply. He shall submit these categories to the General Assembly. Thereafter these categories shall be communicated to the Governments of all members. The names of the officials included in these categories shall from time to time be made know to the Governments of members. Section 18. Officials of the United Nations shall: (a) be legal process from immun in respect of words spoken or written and all acts performed by them in their official capacity; (b) be the main from taxation on the salar and emolument paid to them by the United Nations; (c) be immun from national service obligations; (d) be immun, together with their spouse and relatives dependent on them, of from immigration restriction and alien registration; (e) be accorded the same privileges in respect of exchange facilities as are accorded to the officials of the rank of the forming of comparabl of diplomatic missions to the Government concerned; (f) be given, together with their spouse and relatives dependent on them, of the same repatriation facilities in time of international crisis as diplomatic envoy; (g) have the right to import free of duty their furniture and effects at the time of first taking up their post in the country in question. Section 19. In addition to the immunit of privilege and specified in section 18, the Secretary-General and all Assistant Secretar-General shall be accorded in respect of themselves, their spouse and minor children, the privileges and exemption immunit, and facilities accorded to diplomatic envoy, in accordanc with international law. Section 20. Privilege and granted it to the immunit of officials in the interests of the United Nations and not for the personal benefit of the individual themselves. The Secretary-General shall have the right and the duty to the immunity of any official in waiv in any case where, in his opinion, the immunity would imped the course of Justice and can be waived without prejudice to the interests of the United Nations. In the case of the Secretary-general, the Security Council shall have the right of immunity waiv it. Section 21. The United Nations shall cooperate at all times with the appropriate authorities of members to facilitat the proper administration of Justice, secure the observanc of police regulations, and prevent the occurrence of any abuse in connection with the privileges, and facilities mentioned immunit in this article. Article VI experts on missions for the United Nations Section 22. Experts (other than officials coming within the scope of article V) performing missions for the United Nations shall be accorded such a privilege and not the axle to the immunit cessary for the independent exercise of their functions during the period of their missions, including the time on the journey in spen connection with their missions. In particular they shall be accorded: (a) immunity from personal arrest or detention and from chicken pox vaccine and of their personal baggag; (b) in respect of words spoken or written and acts done by them in the course of the performance of their mission, immunity from legal process of every kind. (c) inviolability for all papers and documents; (d) for the purpose of their communications with the United Nations, the right to use codes and to receive papers or by courier or in sealed correspondenc bags; (e) the same facilities in respect of currency or Exchange restriction as is accorded to the representatives of foreign Governments on temporary official missions; (f) the same facilities in respect to the immunit and of their personal life with their accorded baggag as diplomatic envoy. Section 23 and the Privilege granted the immunit with experts in the interests of the United Nations and not for the personal benefit of the individual themselves. The Secretary-General shall have the right and the duty to waiv the immunity of any expert in any case where, in his opinion, the immunity would imped the course of Justice and it can be waived without prejudice to the interests of the United Nations. Article VII United Nations laissez-passer Section 24. The United Nations may issue United Nations laissez-passer to its officials. These laissez-passer shall be recognized and accepted as valid travel documents by the authorities of members, taking into account the provision of section 25 Section 25. Applications for all (where required) from the holders of United Nations laissez-passer, when accompanied by a certificate that they are traveling on the business of the United Nations, shall deal with as speedily as possible. In addition, such persons shall be granted facilities for speedy travel. Section 26. Similar facilities to those specified in section 25 shall be accorded to experts and other persons who, though not the holders of United Nations laissez-passer, have a certificate that they are traveling on the business of the United Nations. Section 27. The Secretary-General, Assistant Secretar-General and Director of a traveling on United Nations laissez-passer on the business of the United Nations shall be granted the same facilities as those accorded to diplomatic envoy. Section 28. The provision of this article may be applied to the official of the specialized comparabl agencies if the agreements for relationship made under article 63 of the Charter so provide. Article VIII, Section 29, of the settlement of the Dispute. The United Nations shall make provision for appropriate modes of settlement of: (a) the dispute arising out of contracts or other dispute of a private law character, to which the United Nations is a party; (b) the dispute involving any official of the United Nations who by reason of his official position enjoy immunity, if immunity has not been waived by the HASI Secretary-General. Section 30. All arising out of the difference of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to the t have recourses another mod of settlement. Of a difference «arise between of the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordanc with article 96 of the Charter and article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisiv by the parties. Final article Section 31. This convention is submitted to every Member of the United Nations for accession. Section 32 shall be effected by Accession. the deposit of an instrument with the Secretary-General of the United Nations and the convention shall come into force as regards each Member on the date of deposit of each instrument of accession. Section 33. The Secretary-General shall inform all members of the United Nations of the deposit of each accession. Section 34. It is understood that, when an instrument of accession is deposited on behalf of any Member, the Member will be in a position under its own law to give effect to the terms of this convention. Section 35. This convention shall continue in force as between the United Nations and every Member which has deposited an instrument of accession for so long as that Member remains a Member of the United Nations, or until a revised general convention has been approved by the General Assembly and that Member has become a party to this revised convention. Section 36. The Secretary-General may conclud with any Member or members supplementary agreements adjusting the provision of this convention so far as that Member or those members are concerned. These supplementary agreements shall in each case be subject to the approval of the General Assembly.

of 13 February 1946, the United Nations Convention on the privileges and immunities of the organisation as provided for in the United Nations Charter, article 104, each United Nations Organization in the territory of the Member States enjoy equal legal capacity as may be necessary for the performance of its functions and objectives, as foreseen in the United Nations Charter, article 105 of the United Nations in the territory of the Member State of each enjoy privileges and immunities in the What is necessary to achieve its objectives, and also the United Nations and the representatives of the Member States of the United Nations officials enjoy such privileges and immunities as are necessary for the United Nations-related function independent of the execution. In the light of the above, with the 13 February 1946 a resolution adopted at the General Assembly approved the following Convention and offers all United Nations Member States to accede to this Convention. Chapter I article 1 legal person. The United Nations has the legal rights of the individual. It may: a) to contract; (b)) to get the property and dispose of movable and immovable property; (c) to prosecute in court). Chapter II property, funds and assets article 2. The United Nations, its property and assets, wherever they are in possession of and enjoy immunity with respect to any legal actions, except if the United Nations certainly has waived immunity in a given case. However, it is assumed that any waiver of immunity does not extend to the judicial izpilddarb. 3. article. United Nations premises are inviolable. United Nations property and assets, wherever they are in possession of and cannot be searched, audited, seized, expropriated or otherwise interfered with by Executive, administrative, judicial, legislative or any other activities. 4. article. United Nations archives, as well as all belonging to it or in its possession documents are inviolable, regardless of their location. 5. article. Without being restricted by financial controls, regulations or moratoria of any kind: (a)), the United Nations may hold funds, gold or any currency and to handle invoices in any currency; (b)), the United Nations can be moved without restriction their own funds, gold and currency from one country to another or one country, as well as convert any currency belonging to it in any other currency. 6. article. Exercise the right provided for in article 5, the United Nations shall comply with any statement from any of the Government of the Member State, in so far as the parties to the United Nations acknowledges that such a statement can occur without harm to its interests. 7. article. The United Nations, its assets, income and other property: a) is released from all direct taxes; However, it is assumed that the United Nations does not require an exemption from the tax, which is paid for utilities provided; (b)) are exempt from customs duties, import and export restrictions and prohibitions in relation to goods imported or exported by the United Nations for official use. However, it is assumed that the goods that are imported under these exceptions, will not be sold in the country in which they are imported, otherwise than in accordance with the national Government accepted rules; (c)) are exempt from customs duties, import and export restrictions and prohibitions on the publication. 8. article. Although, as a rule, the United Nations does not require exemption from excise tax and duty that the sale of the movable or immovable property, is included in the purchase price, regardless of where the United Nations for official use to buy significant property which is subject or which must be subject to a tax or duty, the United Nations each time when it is possible, take appropriate administrative measures to be exempt from the payment of a fee or a tax or to refund the amount already paid. Chapter III article 9 communication tools. In respect of its official communications of the United Nations in the territory of each of its enjoys no less favourable conditions than those in the Member States of the United Nations the Government offer to any other Government, including the diplomatic missions with respect to priority, tariffs and fees on parcels, telegrams, radio messaging, telephoto, telephone and other means of communication, as well as the tariffs set for the transfer of information to the press and radio. United Nations correspondence and notifications is not under censorship. 10. article. The United Nations is entitled to use a cipher and send and receive correspondence via courier and mail bags, which enjoy the same privileges as diplomatic couriers and diplomatic mail bags. Chapter IV of the United Nations, representatives of the Member States article 11. The United Nations, representatives of the main and papildinstitūcij, conferences, organized by it in carrying out its official functions, as well as traveling to and from the meeting point, are granted the following privileges and immunities: (a) immunity in respect of) personal arrest or detention and seizure of personal baggage, as well as all forms of immunity proceedings relating to all the above, written and all her activities as agents; (b) all materials and documents) immunity; (c) the right to use encryption) and receive correspondence by courier or mail bag; (d)) exemption in respect of them and their spouses from immigration restrictions, alien registration and national service in the country in which they reside or are temporarily territory they cross through its official tasks; e) the same facilities in respect of currency or Exchange, what is granted to representatives of foreign Governments on temporary official missions; (f)) the same immunity and facilitations for personal baggage, which are granted to diplomatic representatives; g) other privileges, immunities and facilities not inconsistent with the above, and which enjoys diplomatic representatives, except the right to claim exemption from customs duties for goods (if its not part of their personal baggage) or from excise duties and fees for purchases. 12. article. To ensure complete freedom of speech and independence in the official tasks, the United Nations, representatives of the Member States and the main papildinstitūcij and conferences that it organizes, continue to enjoy the immunities of the trial with respect to all the above, written and all their transactions conducted in the discharge of official task, despite the fact that the person who enjoys the immunity, no longer a Member of the United Nations representative. 13. article. When taxation any form of taxation depends upon residence, periods when the United Nations Member States and the main papildinstitūcij and conferences that it organizes, in the country of their official tasks, are not counted in the residence. 14. article. The United Nations, the representatives of the Member States such privileges and immunities are granted not for the personal benefit of it, but to ensure the function associated with the work of the United Nations, the independent. The United Nations, Member States have not only the right but also the duty to waive the immunity of its representative rooms whenever such immunity obstructs justice, and when such a waiver is possible, without prejudice to the purpose for which the marketing of immunity was granted. 15. article. 11, 12 and 13 of the regulations does not apply to the relations between the agent and the country whose citizen he is, or he is a delegate, or has been. 16. article. With the concept of "agent" in the article understands all delegates, alternates, advisers, technical experts and Secretaries of delegations. Chapter v officials in article 17. The Secretary-General shall determine the categories of officials to which the application of this article and the provisions of article VII. This distribution category, the Secretary-General submitted to the General Assembly, which shall notify all the United Nations Member Governments. The names of the officials included in these categories are periodically reported to the United Nations, the Governments of the Member States. 18. article. United Nations officials: a) not subject to the Court's jurisdiction in respect of words spoken or written and all the actions they have taken as the official; (b)) are exempt from taxes in respect of United Nations salaries and wages paid; (c)) are exempt from national service obligations; (d)), together with spouses and relatives dependent on them are exempt from all immigration restrictions, and alien registration; e) enjoys the same privileges in respect of currency exchange, which enjoys the respective Governments of accredited diplomatic missions in its composition the same ranking officers; (f)), together with spouses and relatives dependent on them from enjoying the same facilities as to repatriation as diplomatic agents, the international crisis; (g)) is entitled, without paying taxes, import furniture and possessions, first entering in your post in the country concerned. 19. article. In addition to article 18 privileges and immunities listed in, the Secretary-General and all Assistant Secretary-General in respect of themselves, their spouses and minor children enjoying privileges and immunities, exemptions and facilities under international law, enjoys diplomatic representatives. 20. article. Officials are granted the privileges and immunities of the United Nations rather than the interests of their own gain. The Secretary-General has the right and the duty to waive any immunities conferred on officials in cases where, in his opinion, such immunity obstructs justice, and when such a waiver is possible, without harming the United Nations interests. With regard to the right of the Secretary-General to waive immunity is the Security Council. 21. article. The United Nations constantly cooperate with the authorities of the Member States with a view to ensuring the proper implementation of the justice, police and any statement referred to in this article, imunitāš and relief of privilege abuse prevention. Chapter VI experts on missions for the United Nations in article 22. Experts (other than officials, the subject of chapter V), using the United Nations given tasks, enjoying the same privileges and immunities as are necessary for the function of the independent execution of missions, including the time spent in the context of the mission journey: a) immunity in respect of personal attachment or detention and seizure of personal baggage; (b)) all proceedings in the immunity of all the written and all their transactions conducted in the discharge of official task. This immunity proceedings continue to exist even after the person who enjoys the immunities no longer travel in connection with the work of the United Nations; (c) all materials and documents) immunity; (d)) with the United Nations to use the cipher and to receive papers or correspondence by courier or mail bag; e) the same facilities in respect of currency or Exchange, what is granted to representatives of foreign Governments on temporary official missions; (f)) the same immunity and facilitations for personal baggage, which are granted to diplomatic representatives. 23. article. Experts in the privileges and immunities are granted to the United Nations, rather than the interest of the expert personal gain. The Secretary-General has the right and the duty to waive the immunities granted to experts in those cases where, in his opinion, such immunity obstructs justice, and when such a waiver is possible, without harming the United Nations interests. Chapter VII United Nations laissez passer article 24. The United Nations Organization to its officials can issue the United Nations passes. United Nations Member Governments adopt and recognize these passes as a legitimate travel documents, account is taken of the provisions of article 25. 25. article. Request for issuance of a visa (in cases where a visa is needed) of the person to whom the United Nations pass, if such a request is justified by proof that the person traveling, its tasks are dealt with in the shortest time. In addition, such persons are granted relief for faster travel. 26. article. The benefit, which corresponds to article 25, is listed in the assigned to experts and other persons who, although not the United Nations passes, there is evidence that they are travelling on United Nations business. 27. article. The Secretary General, the Assistant Secretary General and the Director, who travels with the United Nations passes its business, enjoy the same facilities as diplomatic representatives. 28. article. The provisions of this chapter can be applied also to the specialized agencies, where officials in accordance with article 63 of the Statute, the contract concluded on the establishment of it down. Chapter VIII disputes article 29 of the United Nations shall determine any dispute is resolved: (a)), due to agreements in which the United Nations is a party, or other dispute relating to private law; (b)), any dispute, United Nations officials, who by virtue of his official position enjoys immunity, if the Secretary-General has not abandoned this immunity. 30. article. Any dispute arising out of the interpretation or application of this Convention, be referred to the International Court of Justice, except for the cases when the parties agree to settle the dispute in a different way. If a disagreement arises between the United Nations, on the one hand, and the Member of the other party, then, in accordance with article 96 of the Charter and article 65 of the Statute of the Court. the requested advisory opinion on any legal question concerned. Findings of the Court the Parties recognised as crucial. The concluding chapter 31. This Convention shall be open for accession by any United Nations Member State. 32. article. Accession shall be effected by depositing with the Secretary-General of the United Nations the instruments of accession, for each individual Member of the United Nations Convention shall enter into force on the day of deposit of the instrument of accession of each individual. 33. article. The Secretary-General of the United Nations shall inform all Member States of the United Nations of the deposit of each instrument of accession. 34. article. It is assumed that if any United Nations Member State is being deposited on behalf of the instrument of accession, that Member State may, in accordance with its laws to meet the provisions of this Convention. 35. article. The relationship between the United Nations and each of its Member States which have deposited instruments of accession to this Convention is in force as long as that Member remains a member of the United Nations, or until such time as the General Assembly does not approve the revision of the General Convention and the Member State concerned does not accede to the revised Convention to the following. 36. article. The Secretary General of any Member of the United Nations or any of its Member States may conclude additional agreement governing the provisions of this Convention, in so far as they apply to the Member States of the Organization of the United Nations or the United Nations Member States. In any case, such additional agreement should be approved by the General Assembly.