On 2 December 2004 The United Nations Convention On The Rights Of The Country And The Immunity From Jurisdiction Of Property

Original Language Title: Par 2004.gada 2.decembra Apvienoto Nāciju Organizācijas Konvenciju par valstu un to īpašuma imunitāti no jurisdikcijas

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The Saeima has adopted and the President promulgated the following laws: On 2 December 2004 the United Nations Convention on the rights of the country and the immunity from jurisdiction of property article 1. 2 December 2004 the United Nations Convention on States and their immunity from the jurisdiction of the property (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. Fulfilment of the obligations provided for in the Convention are coordinated by the Ministry of Justice. 3. article. The Convention shall enter into force on the 30th for the period specified in article and in order, and the Ministry of Foreign Affairs shall notify the official Edition of the "journal". 4. article. The law shall enter into force on the day following its promulgation. With the law put the Convention in English and its translation into Latvian language. The Parliament adopted the law in 2013 on December 5. The President a. Smith in 2013 on December 20, the UNITED NATIONS CONVENTION ON JURISDICTIONAL IMMUNIT OF States AND THEIR PROPERTY in 2004 the present Convention was adopted during the meeting of the General Assembly of 2 December 2004 the United Nations Convention on Jurisdictional Immunit of States and Their Property to the States parties to the present Convention, Considering that the jurisdictional immunit of States and their property to the generally accepted as customary international law principle of a , Having in mind the principles of international law embodied in the Charter of the United Nations, Believing that an international convention on the jurisdictional immunit of State and to their property would enhance the rule of law and legal certainty, particularly in the dealing of States with natural or juridical persons, and would contribute to the codification and development of international law and the harmonization of practice in this area , Taking into account developments in State practice with regard to the jurisdictional immunit of State and to their property, Affirming that the rules of customary international law continue to govern matters not regulated by the provision of the present Convention, have agreed as follows: part I Introduction article 1 scope of the present Convention the present Convention applies to the immunity of a State and its property from the jurisdiction of the courts of another State. Article 2 use of terms For the purpose of 1 of the present Convention: (a) "Court" means any organ of a State, however named, entitled to exercise judicial functions; (b) "State" means: (i) the State and its various organs of Government; (ii) the units of a mobility scooters federal State or political subdivisions of the State, which are entitled to perform acts in the exercise of the sovereign authority, and are acting in that capacity; (iii) agencies or to the instrumentalit of the State or other entities, to the exten that entitled the ut300r2u it perform and are actually performing acts in the exercise of the sovereign authority of the State; (iv) representatives of the State acting in that capacity; (c) "commercial transaction" means: (i) any commercial contract or transaction for the sale of goods or supply of services; (ii) any contract for a loan or other transaction of a financial nature, including any obligation of guarantee or of indemnity in respect of any such loan or transaction; (iii) any other contract or transaction of a commercial, industrial, trading or professional nature, but not including a contract of employment of a person. 2. In determining (a) the contract or transaction whethers is a "commercial transaction" under paragraph 1 (c), reference should be made primarily to the nature of the contract or transaction, but its purpose should also be taken into account if the parties to the contract or transaction have so agreed, or if, in the practice of the State of the Forum, that purpose is relevant to determining the non-commercial character of the contract or transaction. 3. The provision of paragraphs 1 and 2 regarding the use of terms in the present Convention are without prejudice to the use of those terms or to the meaning of which may be given to them in other international instruments or in the internal law of any State. Article 3 Privileges and not affected by the immunit to the present Convention 1. The present Convention is without prejudice to the privileges and by a State to the immunit enjoyed under international law in relations to the exercise of the function of: (a) its diplomatic missions, consular posts, special missions, missions to international organizations or their organs of delegation international organization or to international conferences; and (b) persons connected with them. 2. The present Convention is without prejudice to their privileges and accorded under international law to immunit heads of State ratione personae of. 3. The present Convention is without prejudice to the immunit enjoyed by a State under the international law with respect to aircraft or space objects owned or operated by a State. Article 4 Non-retroactivity of the present Convention without prejudice to the application of any rules set forth in the present Convention to which jurisdictional immunit of States and their property to a subject under international law independently of the present Convention, the present Convention shall not apply to any question of jurisdictional immunit of State or to their property arising in a proceedings instituted against a State before a Court of another State prior to the entry into force of the present Convention for the States concerned. Part II General principles article 5 State immunity A State of immunity, in respect to enjoy of itself and its property, from the jurisdiction of the courts of another State subject to the provision of the present Convention. Article 6 for giving effect to the Modalit State immunity 1. A State shall give effect to State immunity under article 5 by refraining from exercising jurisdiction in a proceedings before its courts against another State and to that end shall ensur that determin its courts on their own initiative that the immunity of that other State under article 5 is respected. 2. (A) in proceedings before a Court of a State shall be considered to have been instituted against another State in that other State if: (a) is named as a party to the proceedings, you; or (b) is not named as a party to the proceedings but the proceedings in effect seek to affec the property, rights, interests or activities of that other State. Article 7 express consent to exercise of jurisdiction 1. A State cannot invoke immunity from jurisdiction in a proceedings before a Court of another State with regards to a matter or case if it has expressly consented to the exercise of jurisdiction by the Court with regards to the matter or case: (a) by international agreement; (b) in a written contract; or (c) by a declaration before the Court or by a written communication in a specific proceedings. 2. Agreement by a State for the application of the law of another State shall not be interpreted as consent to the exercise of jurisdiction by the courts of that other State. Article 8 effect of participation in proceedings before a court (a) 1 A State cannot invoke immunity from jurisdiction in a proceedings before a Court of another State if it has: (a) itself instituted the proceedings; or (b) intervened in the proceedings or taken any other step relating to the Merritt. However, if the State to the satisf Court that it could not have acquired knowledge of facts on which a claim to immunity can be based until after it took such a step, it can claim immunity based on those facts, provided it does so at the moment the earlies possible. 2. A State shall not be considered to have consented to the exercise of jurisdiction by a Court of another State if it's in a proceedings or interven takes any other steps for the sole purpose of: (a) invoking immunity; or (b) asserting a right or interest in property at issue in the proceedings. 3. The appearance of a representative of a State before a Court of another State as a witness shall not be interpreted as consent by the former State to the exercise of jurisdiction by the Court. 4. Failure on the part of a State to enter an appearance in a proceedings before a Court of another State shall not be interpreted as consent by the former State to the exercise of jurisdiction by the Court. Article 9 (A) Counterclaim 1. instituting proceedings before a State a Court of another State cannot invoke immunity from the jurisdiction of the Court in respect of any countercla the arising out of the same legal relationship or facts as the principal claim. 2. A State intervening to present a claim in a proceedings before a Court of another State cannot invoke immunity from the jurisdiction of the Court in respect of any countercla the arising out of the same legal relationship or facts as the claim presented by the State. 3. A State making a countercla to proceedings instituted against it in the (a) before a Court of another State cannot invoke immunity from the jurisdiction of the Court in respect of the principal claim. Part III proceedings in which State immunity cannot be invoked article 10 Commercial Transactions 1. If (a) the State of the commercial transaction (a) engage in the natural or juridical person with a foreign and, by virtue of the applicable rules of private international law, relating to the difference of commercial transaction fall within the jurisdiction of a Court of another State, the State cannot invoke immunity from that jurisdiction in a proceedings arising out of that commercial transaction. 2. Paragraph 1 does not apply: (a) in the case of a commercial transaction between States; or (b) if the parties to the commercial transaction have expressly agreed otherwise. 3. Where a State enterprise or other entity established by a State which has an independent legal personality and is capable of: (a) suing or being sued; and (b) acquiring, owning or possessing and disposing of property, including property which that State has authorized it to operate or manage, is involved in a proceedings which relate to a commercial transaction in which that entity is engaged, the immunity from jurisdiction enjoyed by a State shall not be the affected. Article 11 Contracts of employment Unless otherwise agreed by 1 between the States concerned, a State cannot invoke immunity from jurisdiction before a Court of another State which is otherwise competent in a proceedings which relate to a contract of employment between the State and an individual for work performed or to be performed, in whole or in part, in the territory of that other State. 2. Paragraph 1 does not apply if: (a) the employee has been recruited to perform particular functions in the exercise of governmental authority; (b) the employee is: (i) a diplomatic agent, as defined in the Vienna Convention on Diplomatic relations of 1961; (ii) a consular officer, as defined in the Vienna Convention on Consular Relations of 1963; (iii) a member of the diplomatic staff of a permanent mission to an international organization or of a special mission, or is recruited to a State at their represen an international conference; or (iv) any other person enjoying diplomatic immunity; (c) the subject-matter of the proceedings is the recruitment, renewal of employment or reinstatemen of an individual; (d) the subject-matter of the proceedings is the dismissal or termination of employment of an individual and, as determined by the head of State, the head of Government or the Minister for Foreign Affairs of the employer State, such a video would interfer with the security interests of that State; (e) the employee is a national of the employer State at the time when the proceedings is instituted, unless this person has the permanent residence in the State of the Forum; or (f) the employer State and the employee have otherwise agreed in writing, subject to any considerations of public policy conferring on the courts of the State of the forum exclusive jurisdiction by reason of the subject-matter of the proceedings. Article 12 Personal injuries and damage to their property Unless otherwise agreed between the States concerned, a State cannot invoke immunity from jurisdiction before a Court of another State which is otherwise competent in a proceedings which relate to pecuniary compensation for death or injury to the person, or damage to or loss of property caused by tangibl, an act or omission which is alleged to be attributabl to the State , if the Act or omission occurred in whole or in part in the territory of that other State and if the author of the Act or omission was present in that territory at the time of the Act or omission. Article 13 Ownership, possession and use of property Unless otherwise is agreed between the States concerned, a State cannot invoke immunity from jurisdiction before a Court of another State which is otherwise competent in a proceedings which relate to the determination of: (a) any right or interest of the State in, or its possession or use of, or any obligation of this State arising out of its interest in , or its possession or use of, the immovabl property situated in the State of the Forum; (b) any right or interest of the State in movable or property arising by way of the immovabl succession, gift or bona vacanti; or (c) any right or interest of the State in the administration of property, such as trust property, the estate of a bankrup or the property of a company in the event of its winding up. Article 14 Intellectual and industrial property Unless otherwise is agreed between the States concerned, a State cannot invoke immunity from jurisdiction before a Court of another State which is otherwise competent in a proceedings which relate to: (a) the determination of any right of the State in a patent, industrial design, trade name or business name, trademark, copyright or any other form of intellectual or industrial property which enjoy a measure of legal protection , event if provisional, in the State of the Forum; or (b) an alleged infringement by the State, in the territory of the State of the Forum, of a right of the nature mentioned in subparagraph (a) which belong to a third person and is protected in the State of the Forum. Article 15 Participation in companies or other collective bodies 1. A State cannot invoke immunity from jurisdiction before a Court of another State which is otherwise competent in a proceedings which relate to its participation in a company or other collective body, incorporated or unincorporated, being a whethers proceedings concerning the relationship between the State and the body or the other participants therein , provided that the body: (a) has participants other than States or international organizations; and (b) is incorporated or constituted under the law of the State of the Forum or has its seat or principal place of business in that State. 2. A State can, however, invoke immunity from jurisdiction in such proceedings (a) if the States concerned have so agreed or if the parties to the dispute have so provided by an agreement in writing or if the instrument establishing or regulating the body in question contains provision to that effect. Article 16 ships owned or operated by a State Unless otherwise agreed by 1 between the States concerned, a State which own or operate a ship cannot invoke immunity from jurisdiction before a Court of another State which is otherwise competent in a proceedings which relate to the operation of that ship if, at the time the cause of action, aros, the ship was used for other than government non-commercial purpose. 2. Paragraph 1 does not apply to fuels Pakistan, or naval auxiliar, nor does it apply to other vessel is owned or operated by a State and used, for the time being, only on Government non-commercial service. 3. Unless otherwise agreed by the States concerned, between a State cannot invoke immunity from jurisdiction before a Court of another State which is otherwise competent in a proceedings which relate to the carriage of cargo on board a ship owned or operated by that State if, at the time the cause of action, aros, the ship was used for other than government non-commercial purpose. 4. Paragraph 3 does not apply to any cargo carried on board the ships referred to in paragraph 2, nor does it apply to any cargo owned by a State and used or intended for use exclusively for government non-commercial purpose. 5. States may plead all measure of defence, prescription and limitations of liability which the available to private ships and cargo and their owners. 6. If in a proceedings there «arise a question relating to the Government and non-commercial character of a ship owned or operated by a State or cargo owned by a State, a certificate signed by a diplomatic representative or other competent authority of that State and communicated to the Court shall serve as evidence of the character of that ship or cargo. Article 17 effect of an arbitration agreement If (a) the State enter into an agreement in writing with a foreign natural or juridical person to submit to arbitration the difference relating to a commercial transaction, that State cannot invoke immunity from jurisdiction before a Court of another State which is otherwise competent in a proceedings which relate to: (a) the validity, interpretation or application of the arbitration agreement; (b) the arbitration procedure; or (c) the confirmation or the setting aside of the award, unless the arbitration agreement otherwise provides. The State immunity IV from the measure of constraint in connection with proceedings before a court article 18 State immunity from the pre-judgement measure of constraint from pre-judgement measure of constraint, such as attachment or arrest, against property of a State may be taken in connection with (a) in proceedings before a Court of another State unless and except to the exten to that: (a) the State has expressly consented to the taking of such measure as indicated by the : (i) by international agreement; (ii) by an arbitration agreement or in a written contract; or (iii) by a declaration before the Court or by a written communication after a dispute between the parties has arisen; or (b) the State has allocated or funded property for the satisfaction of the claim which is the object of that sound recording. Article 19 State immunity from post-judgement measure of constraint of the post-judgement measure of constraint, such as attachment, arrest or execution, against property of a State may be taken in connection with (a) in proceedings before a Court of another State unless and except to the exten to that: (a) the State has expressly consented to the taking of such measure as indicated by: (i) by international agreement; (ii) by an arbitration agreement or in a written contract; or (iii) by a declaration before the Court or by a written communication after a dispute between the parties has arisen; or (b) the State has allocated or funded property for the satisfaction of the claim which is the object of the proceedings you; or (c) it has been established that the property is specifically in use or intended for use by the State for other than government non-commercial purpose and is in the territory of the State of the Forum, provided that the post-judgement measure of constraint may only be taken against property that has a connection with the entity against which the proceedings was directed. Article 20 effect of consent to jurisdiction in their measure of constraint where consent to the measure of constraint is required under articles 18 and 19, consent to the exercise of jurisdiction under article 7 shall not imply consent to the taking of the measure of constraint. Article 21 Specific categories of property 1. The following categories, in particular, of property of a State shall not be considered as property specifically in use or intended for use by the State for other than government non-commercial purpose of under article 19, subparagraph (c): (a) property, including any bank account, which is used or intended for use in the performance of the functions of the diplomatic mission of the State or its consular posts , special missions, missions to international organizations or their organs of delegation international organization or to international conferences; (b) property of a military character or used or intended for use in the performance of military functions; (c) property of the central bank or other monetary authority of the State; (d) property forming part of the cultural heritage of the State or part of its archives and not placed or intended to be placed on sale; (e) property forming part of an exhibition of objects of scientific, cultural or historical interest and not placed or intended to be placed on sale. 2. Paragraph 1 is without prejudice to article 18 and article 19, subparagraph (a) and (b). Part V miscellaneous provisions article 22 service of process 1. Service of process by writ or other document instituting proceedings against (a) a State shall be effected: (a) in accordanc with any applicable international convention binding on the State of the Forum and the State concerned; or (b) in accordanc with any special through for service between the claiman and the State concerned, if not precluded by the law of the State of the Forum; or (c) in the absence of such a convention or special through: (i) by transmission through diplomatic channels to the Ministry of Foreign Affairs of the State concerned; or (ii) by any other means accepted by the State concerned, if not precluded by the law of the State of the Forum. 2. Service of process referred to in paragraph 1 (c) (i) is deemed to have been effected by receipt of the documents by the Ministry of Foreign Affairs. 3. These documents shall be accompanied, if not by a translation into the cessary, the official language, or one of the official languages of the State concerned. 4. Any State that enter an appearance on the Merritt in a proceedings instituted against it may not thereafter be to asser that service of process did not comply with the provision of paragraphs 1 and 3. Article 23 default judgement 1. A default judgement shall not be rendered against a State unless the Court has found that: (a) the requirements laid down in article 22 , paragraph 1 and 3, have been complied with; (b) a period of not less than four months has expired from the date on which the service of the writ or other document instituting the proceedings has been effected or deemed (a) to have been effected in accordanc with article 22, paragraphs 1 and 2; and (c) the present Convention does not preclud it from exercising jurisdiction. 2. A copy of any default judgement rendered against a State, accompanied if not cessary by a translation into the official language or one of the official languages of the State concerned, shall be transmitted to it through one of the means specified in article 22, paragraph 1, and in accordanc with the provision of that paragraph. 3. The time-limit for applying to have a default judgment set aside shall not be less than four months and shall begin to run from the date on which the copy of the judgement is received or is deemed to have been received by the State concerned. Article 24 Privileges and during court proceedings to the immunit 1. Any failure or refusal by a State to comply with an order of a Court of another State enjoining it to perform or refrain from performing a specific act or to produce any document or any others informations disclos for the purpose of (a) the proceedings shall entail consequences from other than those which may result from such conduct in relations to the Merritt of the case. In particular, from the fine or penalty shall be imposed on the State by reason of such failure or refusal. 2. A State shall not be required to provide any security, bond or deposit, however described, to guarantee the payment of judicial costs or expense in any proceedings to which it is a party before a responden a Court of another State. For the article the Final VI clauss 25 Annex the annex to the present Convention forms an integral part of the Convention. Article 26 Other international agreements Nothing in the present Convention shall be affec the rights and obligations of States parties under existing international agreements which relate to matters to deal with in the present Convention as between the parties to those agreements. Article 27 settlement of dispute 1. States parties shall endeavour to settle the dispute concerning the interpretation or application of the present Convention through negotiation. 2. Any dispute between two or more States parties concerning the interpretation or application of the present Convention which cannot be settled through negotiation within six months shall, at the request of any of those States parties, be submitted to arbitration. If, six months after the date of the request for arbitration, those States parties are unable to agree on the organization of the arbitration, any of those States parties may refer the dispute to the International Court of justice by request in accordanc with the Statute of the Court. 3. Each State Party may, at the time of signature, ratification, acceptance or approval of, or accession to, the present Convention, declare that it does not consider itself bound by paragraph 2. The other States parties shall not be bound by paragraph 2 with respect to any State Party which has made such a declaration. 4. Any State Party that has made a declaration in accordanc with paragraph 3 may at any time withdraw that declaration by notification to the Secretary-General of the United Nations. Article 28 signature the present Convention shall be open for signature by all States until 17 January 2007, at United Nations Headquarters, New York. Article 29 Ratification, acceptance, approval or accession 1. The present Convention shall be subject to ratification, acceptance or approval. 2. The present Convention shall remain open for accession by any State. 3. The instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations. Article 30 Entry into force 1. The present Convention shall enter into force on the thirtieth day following the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations. 2. For each State ratifying, accepting, approving or acceding to the present Convention after the deposit of the thirtieth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the thirtieth day after the deposit by such State of its instrument of ratification, acceptance, approval or accession. Article 31 Denunciation 1 Any State Party may denounc the present Convention by written notification to the Secretary-General of the United Nations. 2. Denunciation shall take effect one year following the date on which notification is received by the Secretary-General of the United Nations. The present Convention shall, however, continue to apply to any question of jurisdictional immunit of State or to their property arising in a proceedings instituted against a State before a Court of another State prior to the date on which the denunciation takes effect for any of the States concerned. 3. The denunciation shall not in any way be affec the duty of any State Party to fulfil any obligation embodied in the present Convention to which it would be subject under international law independently of the present Convention. Article 32 Depositary and notifications 1. The Secretary-General of the United Nations is designated the depositary of the present Convention. 2. As depositary of the present Convention, the Secretary-General of the United Nations shall inform all States of the following: (a) the signatures of the present Convention and the deposit of instruments of ratification, acceptance, approval or accession or notifications of denunciation, in accordanc with articles 29 and 31; (b) the date on which the present Convention will enter into force, in accordanc with article 30; (c) any acts, notifications or communications relating to the present Convention. Article 33 Authentic texts the Arabic, Chinese, English, French, Russian and Spanish texts of the present Convention are equally authentic. In WITNESS WHEREOF, the undersigned, being duly authorized by the by their respectiv theret in Governments, have signed this Convention opened for signature at United Nations Headquarters in New York on 17 January 2005, Annex to the Convention Understanding with respect to certain provision of the Convention the present annex is for the purpose of setting out a provision relating to the understanding of concerned. With respect to article 10 the term "immunity" in article 10 is to be understood in the context of the present Convention as a whole. Article 10, paragraph 3, does not prejudg the question of "piercing the corporate veil", questions relating to a situation where a State entity has deliberately misrepresented its financial position or subsequently reduced its assets to avoid satisfying a claim, or other related issues. With respect to article 11, the reference in article 11, paragraph 2 (d), to the "security interests" of the employer State is intended primarily to address matters of national security and the security of diplomatic missions and consular posts. Under article 41 of the 1961 Vienna Convention on Diplomatic relations and article 55 of the 1963 Vienna Convention on Consular Relations, all persons referred to in those articles have the duty to respect the laws and regulations, including labour laws, of the host country. At the same time, under article 38 of the 1961 Vienna Convention on Diplomatic relations and article 71 of the 1963 Vienna Convention on Consular Relations, the receiving State has a duty to exercise its jurisdiction in such a manner as not to interfer in unduly with the performance of the functions of the mission or the consular post. With respect to articles 13 and 14 the expression "determination" is used to refer not only to the ascertainmen or verification of the existenc of the rights protected, but also to the evaluation or assessment of the substance, including the content, scope and exten, of such rights. With respect to article 17 the expression "commercial transaction" includes investment matters. With respect to article 19 the expression "entity" in subparagraph (c) means the State as an independent legal personality, a unit of mobility scooters a federal State, a subdivision of a State, an agency or instrumentality of a State or other entity, which enjoy an independent legal personality. The words "property that has a connection with the entity" in subparagraph (c) to be understood as broader than ownership or possession. Article 19 does not prejudg the question of "piercing the corporate veil", questions relating to a situation where a State entity has deliberately misrepresented its financial position or subsequently reduced its assets to avoid satisfying a claim, or other related issues.     The United Nations Convention on States and their immunity FROM the JURISDICTION of the estate of 2004 adopted by the UN General Assembly on 2 December 2004. The United Nations Convention on States and their immunity FROM the JURISDICTION of the property This Convention, considering that the country and their property from the jurisdiction of the immunity is generally accepted as a principle of international customary law, observing the United Nations Charter in certain principles of international law, convinced that the International Convention for the States and their immunity from the jurisdiction of the property to improve the rule of law and legal certainty, in particular in dealings with natural and legal persons as well as promote the codification of international law, development and harmonisation of practices in this area in the light of national practices for countries and their immunity from the jurisdiction of the property; Affirming that the rules of international customary law continues to identify issues, which are not governed by the provisions of the Convention, have agreed the following: entry title I article 1 scope of the Convention this Convention shall apply to the Member State and its property immunity from the jurisdiction of the courts of other countries. Article 2 use of terms for the purposes of this Convention: (a) "Court" means any public authority regardless of the name, which has the power to exercise the functions of the administration of Justice; (b) "national" means: (i) the State and its various institutions of Government; (ii) Federal national component or national political element that has the right to exercise sovereign power and implementing it; (iii) the national agency and the implementation mechanisms and institutions in so far as they are authorised to carry out and perform actions on behalf of a sovereign country; (iv) public officials acting in such capacity; (c) "commercial transaction" means: (i) any commercial contract or transaction for the marketing of goods or services; (ii) any loan or other financial transaction, including any guarantee or the guarantee obligation on such a loan contract or transaction; (iii) any other commercial, industrial, commercial or professional contract or transaction, excluding the employment contracts. 2. to determine whether a contract or transaction is a "commercial transaction" in the Convention paragraph 1 (c), first, to determine the nature of the contract or transaction, but also take into account the purpose of the transaction, if both parties to the transaction have agreed, or if the host country practice such business purpose is taken into account to determine the contract or transaction was commercial in nature. 3. the following article 1 and 2 of the conditions relating to the use of the term in this Convention shall restrict the use of those terms or to the meaning assigned to them in other international instruments or national legislation. Article 3 privileges and immunities which the Convention does not restrict 1. this Convention shall be without prejudice to the privileges and immunities that Member State under international law in respect of those functions that are implemented: (a) the national diplomatic missions, consular authorities, special missions, missions to international organizations or delegations to international organizations or international conferences; and (b) persons linked to them. 2. this Convention shall be without prejudice to the privileges and immunities that international law certain heads of State the rationae personae. 3. this Convention shall be without prejudice to the privileges and immunities, which enjoys a State under international law with respect to aircraft or space ship owned or operated by a Member State. Article 4 The application of this Convention without retroactive effect without prejudice to any of the provisions of this Convention, the application of the framework of international law and independently of this Convention refers to the countries and their immunity from the jurisdiction of the property, this Convention does not extend to any matter connected with the country and the immunity from jurisdiction of property resulting in proceedings initiated against a Member State in another Member State before the entry into force of this Convention for the States concerned. Title II general principles article 5 State immunity in respect of the countries themselves and their property enjoy immunity from the jurisdiction of the courts of other countries in accordance with the provisions of the present Convention. Article 6 immunity of States assurance arrangements 1. Member State shall ensure that the envisaged in article 5 State immunity, refraining from assuming jurisdiction in their court appearance in the case brought against another Member State, and in the end achieved that, on their own initiative, the Court ruling pursuant to the immunity of the other Member State, as provided for in article 5. 2. Proceedings in the courts of a Member State shall be regarded as the start to the second Member State, if the other Member State shall: (a) specify as one of the parties to the proceedings; or (b) is specified as one of the parties to the proceedings, but the court process is designed to influence these other State property, rights, interests or activities. Article 7 express consent to the exercise of the jurisdiction 1. no Member State may ask to be granted immunity from the jurisdiction of the Court of another Member State, in respect of any matter or thing, if it clearly agreed to: (a) an international agreement; (b) a written contract; or (c) a statement to the Court or by a written communication to the court proceedings, the Court shall exercise jurisdiction over the matter or thing 2. consent of the Member State's application of the law of another Member State shall not be interpreted as consent to the exclusive jurisdiction of the courts of the other Member State. Article 8 effect of participation in proceedings 1. a Member State cannot rely on the immunity from jurisdiction of the courts of the other Member State, if: (a) the same proposed use; or (b) engaged in the proceedings on the merits or taken any other action with respect to the substance of the case. However, if the Member State demonstrates that the facts on which the claim of immunity, it became known only after completing these steps, a Member State may request the immunity on the basis of these facts, provided that it does so as soon as possible. 2. it is considered that a Member State has agreed to the jurisdiction exercised by the courts of the other Member State, if it engages in substantive proceedings or take any other action solely for the purpose of: (a) to refer to the immunity; or (b) to give evidence to the right or interest in respect of the property, subject to court proceedings. 3. as the representative of a Member State, participation in the other Member States, a witness at the hearing is not to be interpreted as approval of the first Member State for the implementation of this Court's jurisdiction. 4. A Member State shall not participate in the other Member State at the hearing is not to be interpreted as approval of the first Member State for the implementation of this Court's jurisdiction. Article 9 counterclaims 1. a Member State which proposes to other proceedings in the courts of a Member State cannot rely on immunity from this Court's jurisdiction in respect of any counter-claim arising from the same legal relationship or from the essential facts. 2. a Member State which engages in the process of the Court to make a claim in the Court of another Member State may not rely on immunity from this Court's jurisdiction in respect of any counter-claim arising from the same legal relationship or from the essential facts. 3. a Member State which submit a counterclaim in the court proceedings, during which it proposed to the other in the courts of a Member State cannot rely on the immunity from jurisdiction of this Court with respect to the essential requirements. Title III procedure, which may not refer to national immunity article 10 Commercial Transactions 1. If a member engages in commercial transactions with other State of natural or legal persons and, in accordance with the applicable rules of private international law disputes resulting from such commercial transactions, in the case of the other Member State of the Court's jurisdiction, a Member State cannot rely on State immunity from the jurisdiction of the commercial transaction disputes. 2. in part 1 of this article shall not apply where: (a) the transactions are closed) commercially between Member States; or (b) a commercial transaction, the parties) agree otherwise. 3. When a Member State or another Member State, the Agency established a body that is an independent legal person, shall be entitled: (a) to sue and be sued) by the Court of Justice; (b)) to get, be the owner or holder or dispose of property, including property which that body authorised by the Member State to manage or control, and that body is involved in the judicial process for commercial business, which is a party, the authorities of the country of origin of the immunity law is not affected. Article 11 contracts of employment 1. Unless otherwise agreed by the Member States, the Member State may ask to be granted immunity from the jurisdiction of the courts of the other Member State, which otherwise has jurisdiction over disputes arising from a contract of employment, established by the Member State concerned and the individuals met or executable, which is executed in whole or in part in the territory of the other. 2. in part 1 of this article shall not apply where: (a) the employee has been employed) of certain government functions; (b)): (i) the employee is a diplomatic agent in accordance with the 1961 Vienna Convention on diplomatic relations; (ii) a consular officer under the 1963 Vienna Convention on consular relations; (iii) a diplomat at the permanent representation of an international organisation or a special mission/mission, or represent the country at the International Conference; or (iv) any other person enjoying diplomatic immunity; (c)) shall apply to proceedings individuals recruitment, renewal or labour relations status change; d) process refers to the individuals for dismissal, contract review, and if such a process in accordance with the Member State, the head of Government or Minister for Foreign Affairs of the Member States the views of the security interest; (e) the employee is in the process of the Court by which the Member States closed a contract of employment, the citizen, as far as he does not reside in the country of the Court; (f) the employer State and the employee have agreed in writing in advance differently, taking into account any public policy considerations which a court State exclusive jurisdiction over the subject matter of an action before the Court of Justice. Article 12 personal injury and property damage unless otherwise agreed between the countries, a Member State cannot invoke immunity from the jurisdiction of another Member State, for transactions that would otherwise be within the jurisdiction of the Court of Justice and which relate to money reimbursement for personal injury or death, or property damage or destruction resulting from an act or omission attributable to the Member State in which, if the Act or omission occurred in whole or in part in the territory of the other and act or omission of the operator at the time the Act or omission was in the territory. Article 13 the property, possession, and use If countries have not agreed otherwise, one Member State may request another Member State immunity from the jurisdiction of the Court, which otherwise is competent in cases relating to it to determine the Member State: (a) any rights, interests, obligations arising from its property, possession, or use of an existing property, which is located in the territory of the country of the Court; (b) any rights, interest in respect of movable or immovable property arising from succession, gift or bona vacanti; or (c) any rights, interests arising out of property management in respect of the property as a trust property, the estate or property of the insolvency process of liquidation of a legal person. Article 14 intellectual and industrial property Unless otherwise agreed by the States, one Member State may request another Member State immunity from the jurisdiction of the Court, which otherwise is competent in cases relating to it to determine the Member State: (a) any rights in relation to the patent, industrial design, trade name or company name, trademark, copyright or other intellectual or industrial property which enjoys a form, although temporary , legal protection in the country of the Court; or (b) may (a), referred to the Court for the protection of the country, third party rights violations committed by the Court in its territory. Article 15 Participation in companies or other associations 1. a Member State may not require immunity from the jurisdiction of the courts of the other Member State, which otherwise is competent in cases relating to its participation in the company or other association, who is or is not registered as a legal entity, if the proceedings relate to the relationship between a Member State and association or other participants, if the Association: (a) the Member States and international organizations also include other members; or (b) is incorporated or constituted under the law of the country of the Court or in the Member State located in the Central Office or the main factory. 2. Nevertheless, a Member State may request of the other Member State, immunity of jurisdiction of the Court in such proceedings, if agreed by the Member States or if the parties to the dispute have concluded a written agreement, or if certain documents on the formation of the Association and its activities. Article 16 State-owned ships in operation 1. If countries have agreed otherwise, the Member State to which the ship belongs or where it operates, may not claim immunity from the jurisdiction of the courts of the other Member State, which otherwise is competent in cases relating to the operation of the ship, if at the time when the circumstances led to the bringing to justice, this ship was used for other purposes, except for government non-commercial purposes. 2. paragraph 1 of this article shall not apply to warships, naval fleet auxiliary or other ships owned or used by a Member State and in a given time is used only for government non-commercial service. 3. where countries have agreed otherwise, the Member State to which the ship belongs or where it operates, may not claim immunity from the jurisdiction of the courts of the other Member State, which otherwise is competent in cases relating to the carriage of cargo by State-owned or the in-service vessels, if at the time when the circumstances led to the bringing to justice, this ship was used for other purposes, except for government non-commercial purposes. 4. paragraph 3 of this article shall not apply to goods that are transported by ship specified in paragraph 2, as well as on cargo, owned and used or intended for use exclusively for government non-commercial purposes. 5. a Member State may use all the protection features, refer to the limitation and limitation of liability applicable to private vessels, as well as cargoes and their owners. 6. If any court process raises the question of a Member State or belonging to the ship in service, or a Member State of goods belonging to the governmental and non-commercial nature, for proof of this ship or the cargo nature serves the Court certificate/certificate signed by a diplomatic representative of that State or any other competent authority. Article 17 the effect of arbitration agreement, if a Member State has entered into a written agreement with a foreign natural or legal person for the transfer to the Tribunal of disputes concerning commercial, such Member State may invoke immunity from the jurisdiction of the courts of the other Member State, which otherwise is competent in cases relating to: (c) the validity of the arbitration agreement, the interpretation or application; (d) the arbitration procedure; and (e) the arbitration award approval or cancellation, unless the arbitration agreement provides otherwise. Section IV national immunity FROM compulsory measures in connection with court proceedings article 18 State immunity from compulsory measures prior to the adoption of a judicial decision should not take any coercive measures before the Court ruling, such as the seizure of a Member State or the arrest, in connection with the proceedings in the courts of the other Member State, except where and to the extent that: (a) a Member State clearly envisaged such measures as specified in the : (i) the international agreement; (ii) the arbitration agreement or in a written contract; or (iii) a statement to the Court or by a written communication after a dispute arose between the parties; or (b) the Member State intends or reserved property to satisfy such requirements, which are based on these proceedings. Article 19 State immunity from being compelled by a court order of adoption may not take any coercive measures by the Court ruling, such as attachment, arrest or execution of the decision of the Court of Justice in respect of State property, in connection with the proceedings before the Court of another Member State, except where and to the extent that: (a) a Member State clearly envisaged such measures as indicated: (i) the international agreement; (ii) the arbitration agreement or in a written contract; or (iii) a statement to the Court or by a written communication after a dispute arose between the parties; or (b) the Member State intends or reserving its property, which is based on the present proceedings; or (c) found that the Member property directly in use or intended for use for purposes other than the commercial objectives of the Government, and it is located in the territory of the country of the Court, provided that coercive measures by the adoption of a judicial decision can only be made against the property that is associated with the entity against which initiated the lawsuit. Article 20 effect of consent to jurisdiction is to implement forced measures When, in accordance with articles 18 and 19, require the consent of forced measures, consent to exercise of jurisdiction, as provided for in article 7 shall not imply consent, coercive measures. Article 21 Special property types 1. this national property types in particular are not considered property that is used or intended for use for other purposes, except for the Government's non-commercial activities under article 19 (c): (a) property, including any bank) account, which is used in the Member State to carry out the functions of a diplomatic mission; the same applies to its consular authorities, special missions, missions to international organizations, delegations to international organizations or conferences; (b)) military property which is used or intended for use for military functions; c) a Member State central bank or other monetary authority property; (d)), which is part of the property of the State cultural heritage, archives and which are not and are not intended to be put on sale; e) property which involves the exposure of objects that have a role in science, culture or history, and which are not and are not intended to be put on sale. 2. in part 1 of this article shall not affect any conventions in article 18 and 19 (a)) and (b)). Title v MISCELLANEOUS provisions article 22 the transmission due to the initiation of proceedings 1. requirements or other document in connection with court proceedings against a Member State is carried out: (a) in accordance with any applicable international Convention, which is binding on the State of the Court and to the Member State concerned; or (b) in accordance with a special agreement between the applicant and the Member State concerned on the service of documents, unless the national legislation of the Court provide otherwise; or (c) in the absence of such a Convention or special arrangement: (i) sending through diplomatic channels to the Ministry of Foreign Affairs of the Member State concerned; or (ii) in any other Member State concerned to the satisfaction of the Court, unless the law provides otherwise. 2. in part 1 of this article, (c), point (i) a document referred to in the transfer shall be deemed complete when the documents are received in the Ministry of Foreign Affairs of the Member State concerned. 3. Those documents where appropriate accompanied by a translation in the official language of the Member State concerned or in the national languages. 4. Any Member State which participated in the proceedings on the merits that it proposed, then shouldn't argue that service has taken place in accordance with this article and part 3. Article 23 judgement without the presence of the defendant 1. Member States may not give judgment by default unless the Court concluded that: (a) compliance with article 22 and part 3 conditions; (b) the expiration of not less than four months after the date on which the claim is transferred or other document for court proceedings or from the moment of transfer of documents considered to be done in accordance with article 22, part 1 (c), point (i); and (c) If this Convention does not interfere with the exercise of its jurisdiction. 2. any without the presence of the defendant against a Member State of a judgment given in a copy with it where appropriate, add a translation into the official language or one of the languages of the Member State to be served in one of the ways provided for in article 22, part 1, and in accordance with the provisions of this part. 3. the time limit to submit an application for a given obtained where the judgment of cancellation is not less than four months, and begins to count from the date of the judgement, a copy of the transferred or considered to be transferred to the Member State concerned. Article 24 privileges and immunities during court proceedings 1. If the State fails to or refuses to meet another Member State Court ruling that requires you to take specific action or to refrain from so doing, or to submit a document, or to provide any other information to the needs of the court proceedings, it has no effect, except those which may result from such conduct in relation to the substance of the case. In particular, a Member State of such failure or refusal of a ruling to comply are not imposed a fine or a penalty. 2. the Member State shall not be required to issue any guarantee, pledge or to contribute to as its not called to guarantee the payment of legal costs and any court costs of the proceedings in which it is a defendant in a court in another Member State. Title vi final provisions article 25 annex the annex to this Convention are an integral part of the Convention. Article 26 other international agreements nothing in this Convention shall affect existing international agreements related to the Member States as this agreement the rights and obligations of the parties relating to the matters governed by this Convention. Article 27 settlement of disputes/tuning 1. Member States shall endeavour to settle the dispute through negotiations, which are due to the interpretation or application of this Convention. 2. If a dispute between two or more Member States, the interpretation or application of this Convention cannot be resolved by negotiation within a period of six months, according to the requirements of any of the Member States, shall be submitted to the arbitration of disputes. If within six months after the date of this action the parties have agreed on the Organization of the arbitration, any of those Member States may propose to refer the dispute to the International Court of Justice, by submitting a request in accordance with the Statute of the Court. 3. Signing, ratifying, accepting or approving, or acceding to this Convention, any Member State may declare that it does not consider that article 2, part of the binding. Other Member States this article is part 2 is not bound to any Member State which has issued the following statement. 4. Any Member State which made the notification under this article, part 3, may, at any time, withdraw this Declaration by notification through the Secretary-General of the United Nations. Article 28 signature this Convention available to all Member States to sign up to the 2007 17 January the UN headquarters in New York. Article 29 ratification, acceptance, approval or accession 1 this Convention may ratify, accept or approve. 2. This Convention shall be open for accession by any State. 3. The instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations. Article 30 entry into force 1 this Convention shall enter into force on the thirtieth day after the date on which the Secretary-General of the United Nations submitted to the thirtieth instrument of ratification, acceptance, approval or accession. 2. for each State which ratifies, accepts, approves or accedes to this Convention after the date of deposit of the thirtieth instrument has been submitted the instruments of ratification, acceptance, approval or accession, this Convention shall enter into force on the thirtieth day after the date on which that State deposits its instruments of ratification, acceptance, approval or accession. Article 31 denunciation 1. any Member State may denounce this Convention by written notification to that effect shall be submitted to the Secretary-General of the United Nations. 2. The denunciation shall take effect one year after the date on which the Secretary-General of the United Nations has received the notification. However, this Convention shall continue to apply to any matter related to the country and the immunity from jurisdiction of property and which arises in proceedings against a Member State proposed in another Member State up to the date of any of the Member States concerned shall bring into force the denunciation. 3. The denunciation shall not in any way affect the obligation of any of the Member States to fulfil any of the obligations under this Convention, which it is bound under international law independently of the Convention. Article 32 depositary and notification 1. Shall be the depositary of this Convention with the Secretary-General of the United Nations. 2. As depositary of this Convention, the Secretary-General of the United Nations shall notify all the Member States as follows: (a) signature of this Convention and of the deposit of instruments of ratification, acceptance, approval or accession or denunciation notice filing in accordance with article 29 and 31; (b) on the date on which this Convention will enter into force in accordance with article 30; (c) for any document, declaration or communication relating to this Convention. Article 33 authentic texts of this Convention in the Arabic, Chinese, English, French, Russian and Spanish languages being equally authentic. In witness whereof the undersigned, duly authorised by their Governments, signed the Convention, which was opened for signature by the United Nations Headquarters in New York on 17 January 2005. Annex to the Convention on Certain Convention explanation in this annex provides the explanation of the Convention. With regard to article 10, the term "immunity" in article 10 is to be understood in the context of the Convention as a whole. Part 3 of article 10 shall be without prejudice to the question of "penetration behind the corporate veil", questions relating to a situation where a State entity has deliberately provided misleading information about its financial position and then reduced the assets to avoid demand, or other related issues. With regard to the reference to article 11 also "security interest" in article 11, part 2, point (d) of the first intended to deal with national security, as well as diplomatic missions and consular issues. As provided for in the 1961 Vienna Convention on diplomatic relations, article 41 and the 1963 Vienna Convention on consular relations, article 55 all individuals listed in these articles, is the obligation of residence country laws and regulations, including the labour legislation. At the same time, in accordance with the 1961 Vienna Convention on diplomatic relations, article 38 and the 1963 Vienna Convention on consular relations article 71 of the host country is obliged to exercise its jurisdiction in such a way as to unduly interfere with the representation of functions. With regard to article 13 and 14 of the expression "to determine" is applied not only to the existence of the protected rights clearance and approval, but also on the nature of such rights, including the content, scope and degree of assessment and determination. With regard to article 17 of the expression "commercial transaction" includes investment matters. With regard to article 19 the expression "entity" in subparagraph (c) shall mean the Member State as an independent legal person, part of the Federal State Government of political subdivisions, or executive body, of the institutions of the Member State or other entity, which is an independent legal entity. The phrase "property that is associated with the entity" in subparagraph (c) is to be understood more as property and possession. Article 19 shall be without prejudice to the question of "penetration behind the corporate veil", questions relating to a situation where a State entity has deliberately provided misleading information about its financial position and then reduced the assets to avoid demand, or other related issues.


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