Approves The Protocol On Privileges And Immunities Of The European Organization For Nuclear Research, Signed In Geneva, 19 March 2004

Original Language Title: Aprova o Protocolo sobre Privilégios e Imunidades da Organização Europeia para a Investigação Nuclear, assinado em Genebra, a 19 de Março de 2004

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277636a55324c5667755a47396a&fich=ppr56-X.doc&Inline=false

1 RESOLUTION No. 56/X Recognizing the need to clearly define and make more comprehensive the regime applicable to the European Organization for Nuclear Research, commonly called CERN (Conseil Européen pour la Recherche Nucléaire), while international legal entity, either with regard to its employees, thus giving full reply to questions that recurrently emerge from the pursuit of activities of that organization; Whereas the progressive extension of the activities of that Organization to the territories of the States parties to the Convention, with the consequent increase of mobility of people and goods related to their programs of research; Whereas Portugal want to ensure the efficient performance of the functions of the Organization set out in the Convention, in particular article II, which defines the purposes of the Organization, and ensure that it has an equal treatment in the territory of every State party to the Convention; So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following resolution: to approve the Protocol on privileges and immunities of the European Organization for Nuclear Research, signed in Geneva, 19 March 2004, the text of which, in the authenticated version in the English language and its translation to Portuguese language If published in the annex. Seen and approved by the Council of Ministers of 6 June 2007 the Prime Minister and State Minister for Foreign Affairs the Minister of Parliamentary Affairs Minister Presidency 2 Preamble The States Parties to this Protocol, Considering the Convention for the Establishment of the European Organization for Nuclear Research (CERN) and the Financial Protocol annexed thereto, signed on 1st July 1953 , entered into force on 29 September 1954 and amended on 17 January 1971;
Considering that the Organization has its seat in Geneva, Switzerland, and that its status in Switzerland is defined by the Agreement between the Swiss Federal Council and the Organization dated 11 June 1955;
Considering that the Organization is also established in France, where its status is defined by the Agreement between the Government of the French Republic and the Organization dated 13 September 1965, revised on 16 June 1972;
Considering also the Convention between the Federal Council of the Swiss Confederation and the Government of the French Republic dated 13 September 1965 concerning the extension of the Organization's site to include French territory;
Considering that the Organization's activities are increasingly extending into the territory of all the States Parties to the Convention, with a consequent substantial increase in the mobility of persons and goods assigned to and used for its research programmes;
Desiring to ensure the efficient performance of the Organization's functions assigned to it by the Convention, in particular Article II defining the Organization's purposes, and to guarantee it equal treatment on the territory of all the States Parties to the Convention; 3 Having resolved to this end, in accordance with Article IX of the Convention, to grant to the Organization the privileges and immunities necessary for the exercise of its official activities;

Have agreed as follows: Article 1 Definitions For the purpose of this Protocol: a) the "Convention" refers to the Convention for the Establishment of the European Organization for Nuclear Research and the Financial Protocol annexed thereto, signed on 1st July 1953, entered into force on 29 September 1954 and amended on 17 January 1971;
(b)) the "Organization" refers to the European Organization for Nuclear Research; c) "official activities" refers to the activities of the Organization set out in the Convention, in particular its Article II, including its activities of an administrative nature;
d) "officials" refers to the "members of personnel" as defined in the Staff Rules and Regulations of the Organization; and) "Co-operation Agreement" refers to the bilateral agreement, concluded between the Organization and a non-Member State or a scientific institute established in that State, defining the conditions governing its participation in the activities of the Organization;
f) "Association Agreement" refers to the bilateral agreement, concluded between the Organization and the State ineligible to become a Member State, establishing the close institutional partnership between that State and the Organization in order to allow it to be engaged more deeply in the activities of the Organization 4. 5 Article 2 International legal personality 1. The Organization shall have international legal personality and legal capacity on the respective territories of the States Parties to this Protocol.

2. The Organization shall in particular have the capacity to contract, to acquire and to dispose of movable and immovable property and to participate in legal proceedings.


Article 3 Inviolability of grounds, buildings and premises 1. The grounds, buildings and premises of the Organization shall be inviolable.

2. The agent of the public authorities may enter them without the express consent of the Director-General or his authorised representative Surani.

3. In case of fire or other disaster requiring prompt protective action, where the seeking of such express consent is not practicable, the authorization of the Director-General may be considered as granted.

4. The Organization shall not allow its buildings or premises to serve as a refuge to the person wanted for committing, attempting to commit, or just having committed the crime or offence or for whom a warrant of arrest or deportation order has been issued or who has been convicted of a crime or offence by the competent authorities.


6 7 Article 4 Inviolability of archives and documents The archives of the Organization and all documents in whatever form held by the Organization or belonging to it, wherever located and by "whomsoever held, shall be inviolable.

Article 5 Immunity from legal process and from execution 1. In the exercise of its official activities, the Organization shall enjoy immunity from legal process, except: a) in so far as such immunity is waived in the particular case by the Council of the Organization;

(b)) in respect of a claim by a third party for damage arising from an accident caused by a motor vehicle belonging to, or operated on behalf of, the Organization, or in respect of a motor traffic offence involving such a vehicle;

(c)) in respect of the enforcement of an arbitration award made under Article 16 or 18 of this Protocol;

d) in respect of a counter-claim relating directly to and introduced in the procedural framework of the claim brought by the Organization.
2. The Organization's property and assets, wherever located, shall enjoy immunity from every form of requisition,

confiscation, expropriation, sequestration and any other form of seizure or interference whether by executive, administrative, judicial or legislative action, except: a) in so far as such immunity is waived in the particular case by the Council of the Organization;

8 b) in so far as may be temporarily necessary in connection with the prevention or investigation of accidents involving motor vehicles belonging to, or operated on behalf of, the Organization;
c) in the event of an attachment of salary, enforced for the debt of an official of the Organization, provided that such attachment results from the final and enforceable decision in accordance with the rules and regulations in force on the territory of enforcement.


Article 6 Tax and customs arrangements 1. Within the scope of its official activities, the Organization, its property and income shall be exempt from direct taxes.

2. When, in the exercise of its official activities, the Organization makes purchases of, or use, goods or services of substantial value, in the price of which taxes, duties or other charges are included, appropriate measures shall be taken by the State Party to this Protocol which has levied the taxes, duties or other charges to remit or reimburse the amount of such taxes , duties or other charges where they are identifiable.

3. The importation and exportation by or on behalf of the Organization of goods and materials in the exercise of its official activities shall be exempt from all import and export taxes, duties and other charges.

4. The exemption or reimbursement shall be granted for duties, taxes or other charges of any kind which only constitute remuneration for services rendered.

5. The provisions of paragraphs 2 and 3 of this Article are not applicable to the purchase or use of goods or services or the import of goods intended for the personal use of the officials and of the Director-General of the Organization. 9 6. Goods and materials belonging to the Organization which have been acquired or imported in accordance with the provisions of paragraph 2 or 3 of this Article shall not be sold or donated on the territory of the State which has granted the exemption except under the conditions laid down by that State.


Article 7 Free disposal of funds The Organization may freely receive, hold and transfer any kind of funds, currency and cash; It may dispose of them freely for its official activities and hold accounts in any currency to the extent required to meet its obligations.


Article 8 the Official communications The circulation of publications and other information material, received or sent by the Organization in whatever form in the exercise of its official activities, shall not be restricted in any way.



Article 9 Privileges and immunities of the States representatives 1. The representatives of the States Parties to this Protocol shall enjoy, in the exercise of their functions and in the course of journeys to and from the place of meetings of the Organization, the following privileges and immunities: (a) immunity from personal arrest), detention and seizure of their personal effects;

10 11 b) immunity from legal process, even after the termination of their mission, in respect of acts, including words spoken or written, done by them in the exercise of their functions; This immunity shall not apply, however, in the case of a motor vehicle offence committed by a representative of a State Party to this Protocol, nor in the case of damage caused by a motor vehicle belonging to or driven by her or him;

c) inviolability of all official documents in whatever form held;

d) the right to use codes and to receive documents and correspondence by courier or sealed luggage;

and) for them and their spouses, exemption from all measures restricting entry and aliens ' registration formalities;

f) the same facilities concerning currency and exchange regulations as those granted to the representatives of foreign Governments on temporary official missions;

(g)) the same customs facilities as regards their personal luggage as those granted to diplomatic agents.

2. The State Party to this Protocol shall be obliged to accord the privileges and immunities set out in this Article to its own nationals or to persons who, at the moment of taking up their duties in that State Party, are permanent residents copies thereof.



Article 10 Privileges and immunities of the officials of the Organization 1. The officials of the Organization shall enjoy immunity, even after the termination of their functions, from legal process in respect of acts, including words spoken or written done by them in the exercise of their functions and within the limits of their duties. This immunity shall not apply, however, in the case of a motor vehicle offence committed by an official of the Organization nor in the case of damage caused by a motor vehicle belonging to or driven by her or him.

12 2. The officials of the Organization shall enjoy the following privileges: a) the right to import free of duty their furniture and personal effects at the time of taking up their appointment with the Organization in the State concerned and the right, on the termination of their functions in that State to export free of duty their furniture and personal effects, subject , in both cases, to the conditions imposed by the laws and regulations of the State where the right is exercised;

b) i) subject to the conditions and following the procedures laid down by the Council of the Organization, the officials and the Director-General of the Organization shall be subject to the tax, for the benefit of the Organization, on salaries and emoluments paid by the Organization. Such salaries and emoluments shall be exempt from national income tax;

II) the States Parties to this Protocol shall not be obliged to exempt from income tax pensions or annuities paid by the Organization to its former officials and Directors-General in respect of their service with the Organization;

c) for themselves and the family members forming part of their household, the same exemption from immigration restrictions and aliens ' registration formalities as are normally granted to officials of international organizations;

d) inviolability of all official documents, in whatever form held;

and) for themselves and the family members forming part of their household, the same repatriation facilities in time of international crisis as the members of diplomatic missions;

f) in respect of transfers of funds and currency exchange and customs facilities, the privileges generally granted to the officials of international organizations. 13 3. The State Party to this Protocol shall be obliged to accord the privileges and immunities referred to in paragraphs 2 a), c), e) and (f)) of this Article to its own nationals or to persons who, at the moment of taking up their duties in that State Party, are permanent residents copies thereof.



Article 11 Social security


The Organization and the officials employed by the Organization shall be exempt from all compulsory contributions to national social security schemes, on the understanding that such persons are provided with social protection equivalent coverage by the Organization.



Article 12 Privileges and immunities of the Director-General 1. In addition to the privileges and immunities provided for in Articles 10 and 11 of this Protocol, the Director-General shall enjoy throughout the duration of her or his functions the privileges and immunities granted by the Vienna Convention on Diplomatic Relations of 18 April 1961 to diplomatic agents of comparable rank.

2. The State Party to this Protocol shall be obliged to accord the privileges and immunities referred to in this Article to its own nationals or to persons who, at the moment of taking up their duties in that State Party, are permanent residents copies thereof.



14 Article 13 Object and limits of the immunities 1. The privileges and immunities provided for in Articles 9, 10 and 12 of this Protocol are granted greyscale to ensure the unimpeded functioning of the Organization and the complete independence of the persons to whom they are accorded. They are not granted for the personal benefit of the individuals concerned.

2. Such immunities may be waived: a) in the case of the Director-General, by the Council of the Organization;

b) in the case of officials, by the Director-General or the person acting in her or his stead as provided in Article VI, paragraph 1 (b)), of the Convention;

c) in the case of State representatives, by the State Party concerned;

and there is a duty to do so in any particular case where they would prevent the course of justice and can be waived without prejudice to the purpose for which they are accorded.



Article 14 Co-operation with the States Parties to this Protocol The Organization shall co-operate with the competent authorities of the States Parties to this Protocol in order to facilitate the proper administration of justice, the observance of laws and regulations on police, public health, health and safety at work and on the environment, and to prevent any abuse of privileges, immunities and facilities provided for in this Protocol.

15 Article 15 Security and public order 1. The right of a State Party to this Protocol to take precautionary measures in the interest of its security shall not be prejudiced by any provision in this Protocol.

2. If a State Party to this Protocol considers it necessary to take measures for its security or for the maintenance of public order, it shall, except where this is not practicable, approach the Organization the rapidly the general circumstances allow in order to determine, by mutual agreement, the measures necessary to protect the interests of the Organization.

3. The Organization shall co-operate with the Government of such State Party to this Protocol to avoid any prejudice to the security or public order of such State Party to this Protocol resulting from its activities.



Article 16 Disputes of a private nature 1. The Organization shall make provision for appropriate modes of settlement of disputes arising from: a) contracts to which the Organization is a party;

the Organization shall include, in all written contracts into which it enters, other than those referred to in paragraph 1 (d)) of this Article, an arbitration clause under which any disputes arising out of the interpretation or execution of the contract shall, at the request of either party, be submitted to arbitration or, if so agreed by the parties, to another appropriate mode of settlement;

16 b) disputes arising out of damages caused by the Organization or involving any other non-contractual liability of the Organization;

c) disputes involving an official of the Organization who enjoys immunity from legal process, if such immunity has not been waived in accordance with the provisions of Article 5 of this Protocol;

d) disputes arising between the Organization and its officials;

the Organization shall submit all disputes arising from the application and interpretation of contracts concluded with officials of the Organization on the basis of the Staff Rules and Regulations of the Organization to the jurisdiction of the International Labour Organization Administrative Tribunal (ILOAT) or to any other appropriate international administrative court to the jurisdiction of which the Organization is submitted following the decision by the Council.

2. For disputes for which the particular mode of settlement is specified in paragraph 1 of this Article, the Organization may resort to any mode of settlement it deems appropriate, in particular to arbitration or to referral to a national court.

3. Any mode of settlement selected under this Article shall be based on the principle of due process of law, with a view to the timely, fair, impartial and binding settlement of the dispute.



Article 17 Disputes between States Parties to this Protocol 1. Any difference of opinion concerning the application or interpretation of this Protocol which is not settled amicably between the Parties may be submitted by either Party to an international Arbitration Court, in accordance with Article 19 of this Protocol.

17 2. If a State Party to this Protocol February to submit the dispute to arbitration, it shall notify the Director-General, who shall immediately inform each State Party to this Protocol of such notification.



Article 18 Disputes between States Parties to this Protocol and the Organization 1. Any difference of opinion between one or more States Parties to this Protocol and the Organization concerning the application or interpretation of this Protocol which is not settled amicably between the Parties (one or more State (s) Party (ies) to this Protocol constituting one Party to the dispute and the Organization constituting the other Party) may be submitted by either Party to an international Arbitration Court , in accordance with Article 19 of this Protocol.

2. The Director-General shall immediately inform the other States Parties to this Protocol of the notification given by the Party applying for arbitration.



Article 19 International Arbitration Court 1. The international Arbitration Court referred to in Articles 17 and 18 of this Protocol ("the Court") shall be governed by the provisions of this Article.

2. Each Party to the dispute shall appoint one member of the Court. The members thus appointed shall jointly choose the third member, who shall be the Chairman of the Court. In the event of disagreement between the members of the Court on the choice of Chairman, the latter shall be appointed by the President of the International Court of Justice at the request of the members of the Court.

18


3. If one of the Parties to the dispute fails to appoint a member of the Court and has not taken steps to do so within two months following the request by the other Party, the other Party may request the President of the International Court of Justice to make the appointment.

4. The Court shall determine its own procedure.

5. There shall be no right of appeal against the award of the Court, which shall be final and binding on the Parties. In the event of a dispute concerning the import or scope of the award, it shall be incumbent upon the Court to give an interpretation at the request of either Party.



Article 20 Implementation of the Protocol The Organization may, if the Council of the Organization so decide, completion date additional Agreements with one or more States Parties to this Protocol in order to implement the provisions of this Protocol.



Article 21 Amendment Procedure 1. Amendments to this Protocol may be proposed by any State Party to the Convention and shall be communicated by the Director-General of the Organization to the other States Parties to this Protocol.
2. The Director-General shall convene the meeting of the States Parties to this Protocol. If the meeting adopts, by a two-thirds majority of the States Parties present and voting, the proposed text of the amendment, it shall be forwarded by the Director-General to the States Parties to this Protocol for acceptance in accordance with their respective constitutional requirements. 19 3. Any such amendment shall come into force on the thirtieth day after all States Parties to this Protocol have notified the Director-General of their ratification, acceptance or approval copies thereof.



Article 22 Particular Agreements 1. The provisions of this Protocol shall not limit or prejudice the provisions of other international agreements concluded between the Organization and a State Party to this Protocol by reason of the location in the territory of that State Party of its headquarters, regional offices, laboratories or other installations. In case of conflict between the provisions of this Protocol and those of such an international agreement, the provisions of that international agreement shall prevail.

2. Nothing in this Protocol shall preclude States Parties to this Protocol from concluding other international agreements with the Organization confirming, supplementing, extending or amplifying the provisions of this Protocol.



Article 23 Signature, ratification and accession 1. This Protocol shall be open for signature from 19 December 2003 until 19 December 2004 by the States Parties to the Convention and by the States which have concluded to Co-operation or an Association Agreement with the Organization.

2. This Protocol shall be subject to ratification, acceptance or approval by signatory States. The instruments of ratification, acceptance or approval shall be deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO).

20 3. This Protocol shall remain open for accession by the States Parties to the Convention and by the States which have concluded to Co-operation or an Association Agreement with the Organization. The instruments of accession shall be deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO).



Article 24 Entry into force 1. This Protocol shall enter into force thirty days after the date on which the twelfth instrument of ratification, acceptance, approval or accession by a State Party to the Convention is deposited.

2. For each State ratifying, accepting, approving or acceding to this Protocol after its entry into force, this Protocol shall enter into force on the thirtieth day following the deposit with the Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO) of its instrument of ratification, acceptance, approval or accession.



Article 25 Notification The Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO) shall notify all signatory and acceding States of this Protocol and the Director-General of the Organization of the deposit of each instrument of ratification, acceptance, approval or accession, entry into force of the of this Protocol, as well as of any notification of its denunciation.


21 Article 26 Registration The Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO) shall, upon the entry into force of this Protocol, register it with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations.



Article 27 Denunciation Any State Party to this Protocol may, at any time, by written notification addressed to the Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO), denounce this Protocol. The denunciation shall take effect on the date one year after the date of receipt of such notification, unless the notification specifies a later date.





In WITNESS WHEREOF, the Arbitration Forum representatives, having been Surani authorized thereto by their respective Governments, have signed this Protocol.

Done at Geneva, on 18 March 2004, in the English and French languages, both texts being equally authoritative and deposited in the archives of the United Nations Educational, Scientific and Cultural Organization (UNESCO), the Director-General of which shall transmit a certified copy to all signatory and acceding States.



22 23 24 25 26 PROTOCOL on privileges and IMMUNITIES of the EUROPEAN ORGANIZATION for NUCLEAR research PREAMBLE The States parties to the present Protocol;

Considering the Convention for the establishment of a European Organization for Nuclear Research (CERN) and the financial Protocol is annex, signed the July 1 1953, beginning of the September 29 1954 and revised the January 17 1971;

Considering that the Organization has the your headquarters in Geneva, Switzerland, and that your status in Switzerland is set by agreement between the Swiss Federal Council and the Organization, dated 11 June 1955;

Whereas the organization is also established in France, where your status is defined by the agreement between the Government of the French Republic and the Organization, dated 13 September 1965, revised 16 June 1972;

Whereas, also, the Convention between the Federal Council of the Confederation of Switzerland and the Government of the French Republic, dated 13 September 1965, concerning the extension of the activities of the Organization on French territory;

Whereas the progressive extension of the activities of the Organization to the territories of the States parties to the Convention, with the consequent increase of mobility of people and goods related to their programs of research;


Desiring to ensure the efficient performance of the functions of the Organization set out in the Convention, in particular article II, which defines the purposes of the Organization, and ensure that equal treatment in the territory of every State party to the Convention; 27 Decide, for this purpose and in accordance with article IX of the Convention, the Organization privileges and immunities necessary for the exercise of its official activities;

Have agreed as follows: article 1 definitions for the purposes of this Protocol: a) "Convention" means the Convention for the Establishment of the Organization for Nuclear Research and the financial Protocol is annex, signed the 1 July 1953 and in force since 23 September 1954 and modified in January 17 1971; b) "organisation" means the European Organisation for Nuclear Research; c) "official activities" means the activities of the Organization as set out in the Convention, in particular in your Article II, including those of an administrative nature; d) "employees" means "members" as defined in the staff rules and regulations of the Organization; and) "cooperation agreement" means a bilateral agreement concluded between the Organization and a non-Member State or a scientific institution established in that State, defining the conditions governing your participation in the activities of the Organization; f) "Association Agreement" means a bilateral agreement concluded between the organisation and a State ineligible as Member State by establishing close institutional relationship between the State and the Organization, in order to ensure that a more effective participation in the activities of the organization.

28 article 2 international legal personality 1. The organization enjoys international legal personality and legal capacity in the territories of the States parties to this Protocol. 2. In particular, the Organization has capacity to contract, to acquire and dispose of movable and immovable property, as well as to be, for you, in mind.

Article 3 Inviolability of premises, buildings and facilities 1. The enclosures, buildings and installations of the Organization shall be inviolable. 2. No agent of the public authorities may have access to those without express consent of the Director-General, or your duly authorized representative. 3. In case of fire or other disaster that requires immediate action and obtaining such consent is not possible, can even be considered. 4. The organization will not allow their buildings or facilities serve as refuge the person wanted for committing, attempting to commit or just commit crime or transgression, which are search warrant or arrest warrant has been issued or deportation, or who has been convicted of a crime or transgression by the competent authorities.

Article 4 Inviolability of Archives and documents the archives and all documents held by it in any way, or that you belong to, wherever they are and whoever of them, shall be inviolable.

29 Article 5 immunity from jurisdiction 1.No pursuing its activities, the organization enjoys immunity from jurisdiction, except: a) when such immunity is waived, in this case by the Board of the Organization; b) in the case of civil proceedings initiated by a third party, for any damages resulting from accident caused by a motor vehicle belonging or used on behalf of the Organization, or in breach of the traffic rules involving the motor vehicle; c) in the case of enforcement of an arbitration award rendered in accordance with article 16 or 18 of this Protocol; d) in the case of inferred within the Organization initiated process.

2. The organization's property assets, wherever they are, they enjoy immunity from any form of requisition, confiscation, expropriation, attachment or any other action of appropriation, or interference, whether Executive, administrative, judicial or legislative, except: a) where immunity has been waived, in this case by the Board of the Organization; b) where necessary, in the framework of prevention and investigation of accidents involving motor vehicles belonging to the Organization, or used in your name; c) in the case of wage garnishment for debt of an employee of the Organization, provided that such attachment results from a final and enforceable judicial decision, in terms of rules and regulations in force in the territory.

30 article 6 Customs and fiscal Provisions 1. Within the scope of its official activities, the Organization, its property and income shall be exempt from direct taxes. 2. When, in the exercise of its official activities, the organization acquire or use goods or services of significant value, whose cost includes taxes, duties or other charges, the State party in this Protocol shall take appropriate measures to make the refund of such taxes, duties or other charges, as long as identifiable. 3. The import and export by or on behalf of this Organization, goods and materials, in the exercise of its official activities shall be exempt from all import and export taxes, duties or other charges. 4. Will not be granted exemptions or reimbursements relating to taxes, fees or other charges of any kind, when they constitute only, remuneration for services rendered. 5. Shall not apply the provisions in paragraphs 2 and 3 of this article the purchase or use of goods and services or the import of goods for the personal use of the employees and of the Director-General of the organization. 6. The goods and materials belonging to the Organization, acquired or imported in accordance with the provisions of paragraphs 2 and 3 of this article, may be sold or disposed of in the territory of the State which granted the exemption in accordance with the conditions laid down by this.

Article 7 Free Disposal of funds an organization can receive freely, hold and transfer any kind of funds, currencies or currency, and may freely dispose of them for their official activities and owning bank accounts in any currency, to the extent necessary to fulfil their obligations.

31 article 8 the official Communications the circulation of publications and other informational materials, received or dispatched by the Organization, under which either way in the exercise of its official activities, shall not be restricted., in any way.

Article 9 privileges and immunities of the representatives of the States


1. representatives of States parties to this Protocol shall enjoy the following privileges and immunities, in the performance of their duties and during their travel to and from the locations of the meetings of the Organization: the immunity from arrest, detention) and seizure of personal property; b) jurisdictional immunity even beyond the end of your mission, with regard to acts performed in the exercise of their functions, including oral or written statements, except in the case of infringements of road traffic rules committed by the State party representative, or for damage caused by motor vehicle owned or driven by him; c) inviolability of all official documents in your possession; d) right to use codes and receipt of documents and correspondence by courier or sealed bag; and exemption for themselves) and their spouses, all restrictive measures and entry formalities of registration of aliens; f) equal conditions, in respect of currency or exchange regulations to taken by representatives of foreign Governments on temporary official missions, g) identical conditions in terms of customs, to made available to diplomatic agents, in terms of personal baggage;

2-Any State party to this Protocol shall be required to provide the privileges and immunities set out in this article, to its own nationals, or to individuals who are resident in that State, when then start functions. 32 article 10 privileges and immunities of officials of the Organization 1. The staff of the Organization enjoy immunity, even after the termination of their functions, jurisdiction in respect of acts, including oral or written statements in the exercise of its functions, and in the context of their duties. However, such immunity does not apply in the case of infringement caused by motor vehicle and committed by employee of the Organization, nor to damage caused by motor vehicle owned or driven by you.

2. the officials of the Organization shall enjoy the following privileges: the) right to import, free of import duties, your furniture and personal effects at the beginning of the exercise of functions in the service of the Organization, in that State and the law, to cease functions in that State to export free of import duties, your furniture and personal effects, subject, in cases the conditions imposed by the laws and regulations of the State in which this right is exercised; b) i. upon the conditions and procedures determined by the Board of the Organization, the salaries and emoluments of officials and the Director General, paid by the Organization, shall be subject to a tax, reversing this, and national tax relief on income.

II. States parties to this Protocol are not obliged to grant exemption from income tax for pensions or annuities paid by the Organization to its former employees and Directors-General, for services rendered by them to the organization.

(c)) the same exemption for yourself and members of your household from immigration restrictions and aliens registration formalities, at 33 the same conditions as those accorded to officials of international organizations. d) Inviolability for all official documents in your possession in any form; and) The same repatriation facilities, for himself and for the members of the household in time of international crisis that those granted to members of diplomatic missions; f) with respect to transfer of funds, foreign exchange operations and customs fees, the same privileges as those normally granted to officials of international organisations;

3. Any State party to this Protocol shall be obliged to grant the privileges and immunities set out in paragraph 2 (a)), c), e) and (f)) of this article, to its own nationals or to persons who are resident in that State when then start functions.

Article 11 Social Security Organization and its officials shall be exempt from all compulsory contributions to national social security systems, on the assumption that benefit from equivalent social protection ensured by the organization.

Article 12 privileges and immunities of the Director General 1. In addition to the privileges and immunities set out in articles 10 and 11 of this Protocol, the Director General shall, in the course of your term of Office of the privileges and immunities granted by the Vienna Convention on diplomatic relations of 18 April 1961 diplomatic officials of equivalent level.

34 2. Any State party to this Protocol shall be obliged to grant the privileges and immunities set out in this article, to its own nationals, or to individuals who, at the date of the beginning of functions in this State, there are permanent residents.

Article 13 Subject and Limit immunities 1. The privileges and immunities set out in articles 9, 10 and 12 of the Protocol are only granted in order to ensure the functioning of the Organization and the complete independence of individuals who are granted. Are not granted for personal benefit of the individuals concerned. 2. Such immunities can be raised: a) in the case of the Director-General, by the Council of the Organization; b) in the case of employees, the Director-General or by whom the substitute in accordance with article VI, paragraph 1. (b)) of the Convention; c) in the case of representatives of the States, the States;

and there is an obligation to do so in any case liable to hinder the normal course of Justice and hence does not work prejudice to the aim that substantiate your claim.

Article 14 cooperation with States parties in this Protocol the organization cooperates with the competent authorities of the States parties to the present Protocol in order to facilitate the proper administration of Justice, compliance with the laws and regulations of public health, health and safety at work and the environment and prevent abuse of privileges and immunities provided for in this Protocol.

35 article 15 safety and public order 1. No provision of this Protocol may impair the right of the State party to take preventive measures in the interest of your safety. 2. If a State party to this Protocol consider necessary the adoption of measures for your safety or for the maintenance of public order, you should contact the organisation as quickly as circumstances permit, so, by mutual agreement, take measures necessary for the protection of the interests of the Organization, except when this is impracticable; 3. The organization cooperates with the Government of that State party, in order to avoid any prejudice to the security and public order, as a result of their activities.


Article 16 Disputes of private nature 1. The Organization must ensure the appropriate mechanisms for the resolution of Disputes arising: a) of contracts in which the organization is party;

The Organization shall, in all contracts written in that party, in addition to the items listed in paragraph 1. (d)) of this article, an arbitration clause according to which any dispute comes from the interpretation or execution of the contract will, at the request of either party, subject to arbitration or, if so agreed by the parties, the other proper way to resolution;

b) Disputes arising from damage caused by or involving any other contractual liability;

c) Disputes involving an official of the Organization enjoy immunity from jurisdiction, if such immunity has not been lifted, in accordance with article 5 of this Protocol;

36 d) disputes between the Organization and its officials;

The Organization shall submit all disputes arising from the application and interpretation of contracts with employees of the Organization, based on the rules and regulations of officials of the Organization, to the jurisdiction of the Administrative Tribunal of the International Labour Organization (OITTA), or another appropriate international administrative court, whose jurisdiction the organization submit for Council decision.

2. In the case of disputes for which is not provided for any particular resolution mechanism in number 1 of this article, the organization can turn to who understands appropriate resolution mechanism, including arbitration or recourse to a national court. 3. Any resolution mechanism chosen in accordance with this article, shall be based on the principle of legality, with the aim of achieving a binding, fair and impartial resolution, within a reasonable time.

Article 17 disputes between States parties 1. Any dispute of opinion, with regard to the application or the interpretation of this Protocol, which is not settled amicably between the parties, may be submitted by both parties to an International Court of arbitration, in accordance with article 19 of this Protocol. 2. If a State Party decides to submit a dispute to arbitration, shall notify the General Manager who will give knowledge, each State party to this Protocol.

Article 18 disputes between States parties and the Organization 1. Any disagreement of opinion between one or more States parties to this Protocol and the Organization, concerning the application or interpretation of this Protocol, and which cannot be subject to mutual agreement between the parties (being one of the 37 parts one or more States parties to this Protocol and the other organization) may be submitted by either party to a Court of arbitration pursuant to article 19.

2. The Director-General shall inform without delay the other States parties to this Protocol, the notification given by the party has recourse to arbitration.

Article 19 International Court of arbitration 1. The International Court of Arbitration referred to in articles 17 and 18 of this Protocol ("the Court") is governed by the provisions of this article. 2. Each party to the dispute shall appoint one member of the Court.

The appointed members will choose between them a third member who shall be the President of the Court. If there is disagreement among the members of the Court as to the choice of the President, shall be appointed by the President of the International Court of Justice, at the request of the members of the Court.

3. If one of the parties to the dispute does not appoint a member of the Court, and if you don't within two months following the request of the other party, may request the President of the International Court of Justice to the name.

4. the Court shall establish its rules of procedure.

5. There will be no appeal of the decision of the Court, which shall be final and binding on the parties. In the event of a dispute concerning the content or scope of the decision, will be for the Court to interpret it at the request of either party.

38 article 20 implementation of the Protocol the organiser may, if the Council of the organization decides, additional agreements with one or more States parties to this Protocol, in order to implement its provisions.

Article 21 AMENDMENTS 1. Can be proposed amendments to this Protocol by any State party to the Convention, which shall be communicated by the Director-General of the Organization to the other States parties to this Protocol. 2. The Director-General shall convene a meeting of States parties to the present Protocol. If the text of the proposed amendment is adopted by a two-thirds majority of the States present and voting, shall be transmitted by the Director-General, to the States parties for approval, in accordance with their respective constitutional requirements. 3. Any amendment shall enter into force on the thirtieth day following notification to the Director-General, by all States parties to this Protocol, your ratification, acceptance or approval.

Article 22 Agreements 1. The provisions of this Protocol shall not limit or prejudice the provisions of other international agreements concluded between the Organization and a State party to this Protocol, on the basis of the location in the territory of that State, from your headquarters, regional offices, laboratories or other facilities. In the event of a conflict between the provisions of this Protocol and of another international agreement, the provisions of that international agreement shall prevail. 2. nothing in this Protocol shall preclude States parties to this Protocol to conclude other international agreements with the organization with a view to reaffirming, addition, extension or enlargement of its provisions. 39 article 23 signature, ratification and accession 1. The present Protocol is open for signature, between 19 December 2003 and 19 December 2004 by the States party to the Convention and States which have concluded an agreement of cooperation and association with the organization. 2. This Protocol shall be subject to ratification, acceptance or approval by signatory States. The instruments of ratification, acceptance or approval shall be deposited with the Director-General of the United Nations Educational, scientific and Cultural Organization (UNESCO). 3. this Protocol shall remain open for accession by States party to the Convention and States which have concluded association or Cooperation agreements with the organization. The instruments of accession shall be deposited with the Director-General of the United Nations Educational, scientific and Cultural Organization (UNESCO).

Article 24 entry into force


1. this Protocol shall enter into force thirty days after the date of the deposit of the twelfth instrument of ratification, acceptance, approval or accession by a State party to the Convention. 2. For each State party that ratifies, accepts, approves or accedes to this Protocol, only after your entry into force, this shall enter into force on the thirtieth day following the deposit of your instrument of ratification, acceptance or accession with the Director-General of the United Nations Educational, scientific and Cultural Organization (UNESCO).

40 article 25 notification to the Director-General of UNESCO shall notify all signatories and acceding States of this Protocol and the Director-General of the Office of the deposit of each instrument of ratification, acceptance, approval or accession, the entry into force of this Protocol, and of any notice of your complaint.

Article 26 Registration After the entry into force of this Protocol, the Director-General of the United Nations Educational, scientific and Cultural Organization (UNESCO), register it with the Secretariat of the United Nations, in accordance with article 102 of the Charter of the United Nations.

Article 27 Denunciation any State party to the present Protocol may at any time denounce this Protocol by written notification addressed to the Director-General of the United Nations Educational, scientific and Cultural Organization (UNESCO). The denunciation shall take effect on the date on which they complete one year after the receipt of the notification, except when such notification indicates another date later.

In the WARNING INDICATOR that the undersigned representatives, who were duly authorized by their respective Governments to sign this Protocol.

Done at Geneva, on 18 March 2004, in the English and French languages, both texts being equally officers and deposited in the archives of the Organization for education, science and culture of the United Nations (UNESCO), whose Director-General shall transmit a certified copy of the same to all States signatories, or adherents.