Rs 0.192.110.127.32 Agreement Of The 1 St July 1959 On The Privileges And Immunities Of The International Atomic Energy Agency

Original Language Title: RS 0.192.110.127.32 Accord du 1er juillet 1959 sur les privilèges et immunités de l’Agence internationale de l’énergie atomique

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0.192.110.127.32 original agreement on the privileges and immunities of the International Atomic Energy Agency approved by the Board of Governors on July 1, 1959, approved by the Federal Assembly on 18 June 1969 Instrument of acceptance deposited by the Switzerland on September 16, 1969, entered into force for the Switzerland on 16 September 1969 (Status January 25, 2016) whereas the by. C art. XV of the Statute of the International Atomic Energy Agency has that legal capacity and privileges and immunities mentioned in that Article must be defined in an agreement or separate agreements which shall be concluded between the Agency, represented for this purpose by the Director general, acting in accordance with the instructions of the Board of Governors, and its members;
whereas an agreement governing relations between the Agency and the United Nations was adopted according to art. XVI of the Statute;
whereas the General Assembly of the United Nations, wishing the unification, to the extent possible, the privileges and immunities enjoyed by the United Nations and the various institutions having concluded an agreement with the Organization, adopted the Convention on the privileges and immunities of the specialized agencies and several Member States of the United Nations have acceded to the Convention;

The Board of Governors 1. At approved, without committing the Governments represented on the Council, the following text which, generally speaking, takes over the provisions of the Convention; on the privileges and immunities of the specialized agencies
2. Invites Member States of the Agency to review this agreement and, if they consider it in context, to accept it.

Art. I Definitions Section 1 in this agreement: i) "agency" means the international agency of atomic energy, ii) for the purposes of art. III, the words "property and assets" also apply to the property and funds of which the Agency has custody or that are administered by it in the exercise of its statutory powers; iii) for the purposes of art. V and VIII, the expression "representatives of Member" is considered as including all the Governors, alternate representatives, advisers, technical experts and Secretaries of delegations, iv) for the purposes of sections 12, 13, 14 and 27, the expression 'meetings convened by the Agency' aims meetings;

(1) its General Conference and its Board of Governors; 2) of any international conference, conferences, days, or study groups convened by it; 3) any Commission of any of these bodies.

(v) for the purposes of art. VI and IX, the expression "officials of the Agency" means the Director general and all members of the staff of the Agency, except those who are locally recruited and paid by the hour.

Art. II personality legal Section 2 the Agency has legal personality. She has the ability: a) of contracting, b) to acquire and dispose of real property and movable, c) to institute legal proceedings.

Art. III property, funds and assets Section 3 the Agency, its property and assets, wherever they are and whatever the holder, enjoy immunity from jurisdiction, except to the extent where she has expressly renounced in a particular case. It is understood, however, that the waiver may not extend to enforcement measures.
Section 4 the Agency premises are inviolable. Its property and assets, wherever they are and whatever the holder, are exempt from search, requisition, confiscation, expropriation and any other form of executive, administrative, judicial or legislative constraint.
Section 5 archives of the Agency and, in General, all documents owned or held by it are inviolable wherever they may be.
Section 6 without be subject to no control, regulation or financial moratorium: a) the Agency may hold funds, gold or currency of any kind and have accounts in any currency; b) the Agency may freely transfer its funds, gold or its currency from one country to another or within a country any and convert any currency held by it into any other currency.

Section 7 in the exercise of the rights granted under section 6, the Agency should consider all representations that would be made by the Government of any State party to this agreement, insofar as it deems to be able to proceed without prejudice to its own interests.
Section 8 the Agency, its assets, income and other property are: a) exempt from all direct taxes; It is understood, however, that the Agency would not ask exemption from taxes which are not overweight than charges for public utility services; b) exempt any customs and from all prohibitions and restrictions on import or export in respect of objects imported or exported by the Agency for its official use; It is understood, however, that thus imported duty-free items will not be sold in the territory of the country in which they have been introduced, unless what is conditions approved by the Government of that country; c) exempt any customs and from all prohibitions and restrictions on import or export with respect to its publications.

Section 9 well that the Agency does not, as a general rule claim exemption from excise duty and rights of the sales tax entering in the price of movable or immovable property, however, when she performs for his official use purchases the price of which includes rights and taxes of this nature, the States parties to the present agreement will take, whenever possible administrative arrangements appropriate for rehabilitation or reimbursement of the amount of these duties and taxes.

Art. IV. Section 10 the agency communication facilities shall, for its official communications, in the territory of any State party to this agreement and to the extent compatible with conventions, regulations and international agreements to which that State is a party, treatment no less favourable that the treatment accorded by the Government of this State to any other Government, including his diplomatic mission in terms of priorities, rates and taxes for post and telecommunications, as well as the rates of press for information to the press and on the radio Section 11 the official correspondence and other official agency communications cannot be censored.
The Agency has the right to use codes and to dispatch and receive correspondence and other official communications by mail or sealed bags which will enjoy the same privileges and immunities as the mail and diplomatic bags.
This section shall in no way be interpreted as prohibiting the adoption of appropriate security measures, to be determined by agreement between a State party to the present agreement and the Agency.

Art. V representatives of members Section 12 representatives of members at meetings convened by the Agency shall, while exercising their functions and during their journey to and from the place of the meeting, the following privileges and immunities: has) immunity from arrest or detention and from seizure of their personal baggage, and, with regard to acts performed by them in their Privileges and immunities of the International Energy Agency Atomic official (including quality their words and writings), immunity from any jurisdiction; b) inviolability of all papers and documents; c) right to use codes and to receive documents or correspondence by couriers or sealed bags; d) Exemption for themselves and their spouses from all restrictive measures relating to immigration, all formalities of registration of foreigners and all obligations of service national in the country visited or visited by them in the performance of their duties; e) same facilities regarding monetary restrictions or Exchange as those that are granted to representatives of foreign Governments on temporary official duty; f) same immunities and facilities regarding their baggage personnel as those that are granted to members of diplomatic missions of comparable rank.

Section 13 to ensure representatives of the members of the Agency at meetings convened by it a complete freedom of speech and complete independence in the performance of their functions, immunity from jurisdiction with regard to the words, the writings or acts emanating from them in the performance of their duties will continue to be granted even though the mandate of these people took end. Section 14 where the impact of a tax any is subject to the residence of the taxable person, the periods during which the representatives of the members of the Agency at meetings convened by it will be on the territory of a member for the exercise of their duties will not be considered as periods of residence.
Section 15

Privileges and immunities are granted to the representatives of members, not for their personal benefit, but in order to ensure the exercise of their functions in that independence concerns the Agency. Therefore, a member has not only the right but the duty to waive the immunity of its representative in any case where, in his opinion, the immunity would prevent justice and where immunity may be lifted without harming the purpose for which it was granted.
Section 16 the provisions of sections 12, 13 and 14 are not opposable to the authorities of the State of which the person is a national or which is or has been the representative.

Art. VI officials Section 17 the Agency will periodically communicate the names of officials to which apply the provisions of this section and those of the art to the Governments of all States parties to the present agreement. IX. Section 18 a) officials of the Agency: i) enjoy immunity for acts done by them in their official capacity (including their words and writings); ii) enjoy, with respect to the salaries and emoluments which is paid by the Agency, the same tax exemptions as those enjoyed by officials of the Organization of the United Nations (((, and under the same conditions; iii) are not subject, nor their spouses and members of their family living to their dependants, restrictive immigration measures, nor to check foreigners; iv) shall, with respect to exchange facilities, the same privileges as members of comparable rank of diplomatic missions; v) will enjoy (in times of international crisis, as well as their spouses and members of their family living dependent on them, the same facilities for repatriation as members of the diplomatic missions of a comparable rank; vi) enjoy the right to import duty-free their furniture and effects at first taking up their post in the country concerned.

(b) officials of the Agency performing functions of inspection in accordance with art. XII of the Statute of the Agency, or to study a project in accordance with art. XI said status, enjoy in the exercise of their duties and during official travel of all other privileges and immunities referred to in art. VII of this agreement, to the extent where they will be required for membership of such functions.
Section 19 officials of the Agency are exempt from any obligation with respect to the national service. However, this exemption will be compared to the States of which they are nationals, limited to those of the Agency officials who, by reason of their duties, have been named on a list established by the Director general of the Agency and approved by the State of which they are nationals.
Appeal to the national service of other officials of the Agency, the interested State shall, at the request of the Agency, the stay of appeal which may be required to avoid the disruption of an essential service.
Section 20 in addition to the privileges and immunities provided for in sections 18 and 19, the Director general of the Agency, as well as any official acting on his behalf during his absence, both regarding him in terms of his spouse and minor children, enjoys the privileges, immunities, exemptions and facilities granted, in accordance with international law, diplomatic envoys regarding them in terms of their spouses and minor children. The same privileges and immunities, exemptions and facilities will be granted also to Deputy Directors-General and officials of the Agency of equivalent rank.
Section 21 privileges and immunities are granted to officials only in the interest of the Agency and not for their personal benefit. The Agency can and must lift the immunity given to an official in any case where, in his opinion, such immunity would prevent that justice is done and where immunity can be waived without prejudice to the interests of the Agency.
Section 22 the Agency will work at all times with the competent authorities of the Member States to facilitate the proper administration of justice, to ensure compliance of the police regulations and prevent any abuse which might give rise the privileges, immunities and facilities referred to in this article.

Art. VII. Experts on mission for the Agency Section 23 experts (other than officials referred to in art. (VI) who perform functions with the agency commissions or perform missions for the latter, including missions as inspectors according to art XII of the Statute of the agency or as loads of study according to art. XI said status, enjoy the privileges and immunities hereinafter insofar as they are necessary for the effective exercise of their functions, including during travel on the occasion of the performance of their duties with these commissions or during these missions: a) immunity from arrest or detention and from seizure of their personal baggage; b) immunity of any jurisdiction with respect to acts performed by them in the exercise of their duties (including their words and writings); interested parties will continue to enjoy such immunity even though they exercise more functions with the boards of the agency or will be more responsible for mission on behalf of the latter; c) inviolability of all papers and documents; d) for their communications with the Agency, right to use codes and to receive documents or correspondence by couriers or bags sealed; e) same facilities (, with regard to monetary restrictions or Exchange, as those that are granted to representatives of foreign Governments on temporary official duty; f) same immunities and facilities regarding their baggage personnel as those that are granted to members of diplomatic missions of comparable rank.

Section 24 nothing in the al. c)) and (d) of section 23 shall not be interpreted as prohibiting the adoption of appropriate security measures, to be determined by agreement between the Agency and any State party to this agreement.
Section 25 privileges and immunities are granted to experts in the interests of the Agency and not for their personal benefit. The Agency can and must lift the immunity granted to an expert in any case where, in his opinion, such immunity would prevent that justice is done and where immunity can be waived without prejudice to the interests of the Agency.

Art. VIII abuse the privileges Section 26 if a State party to the present agreement feels that there has been abuse of a privilege or immunity granted by this agreement, consultations will be held between that State and the Agency to determine whether such an abuse has occurred and, if so, to try to prevent repetition. If such consultations do not lead to a satisfactory outcome for the State and the Agency, the question of whether there has been abuse of a privilege or immunity will be resolved in accordance with section 34. If it is found that such an abuse has occurred, the State party to the present agreement and affected by such abuse shall have the right, after notification to the Agency, to cease to provide, in its dealings with the Agency, the benefit of the privilege or immunity that it would have been abuse. However, the removal of the privileges and immunities should not hinder the Agency in the exercise of its core activities or prevent it from fulfilling its main tasks.
Section 27 representatives of members at meetings convened by the Agency, while exercising their functions and during their journey to and from the place of meeting, as well as the officials referred to in section 1 v) will not be forced by the territorial authorities to leave the country in which they exercise their functions, due to activities carried out by them in their official capacity. However, in the case where such a person abuse the privilege of residence in this country of activities unrelated to his official duties, she may be forced to leave the country by the Government, subject to the following provisions: has) representatives of members or persons enjoying immunities under the terms of section 20 will not be forced to leave the country if it is in accordance with the diplomatic procedure applicable to diplomatic envoys accredited in this country; b) in the case of an official to whom is not the section 20, no expulsion decision will be taken by local authorities without the approval of the Minister of Foreign Affairs of the countries in question, and such approval shall be given only after consultation with the Director-general of the Agency; If expulsion proceedings are taken against an official, the Director general of the Agency shall have the right to intervene in the proceedings to the person against whom it is brought.

Art. IX passes Section 28

Officials of the Agency have the right to use the United Nations passes, in accordance with the administrative arrangements between the Secretary-General of the United Nations and the Director-general of the Agency. The Director general of the Agency shall notify each of the States parties to this agreement so concluded administrative arrangements.
Section 29 passes for the UN issued to officials of the Agency are recognized and accepted as valid travel documents by States parties to the present agreement.
Section 30 applications for visas (where visas are required) from officials of the agency holding the United Nations pass and accompanied by a certificate stating that these officials travel on behalf of the Agency, are examined in the shortest time possible. In addition, quick trip facilities are granted to the holders of these passes.
Section 31 facilities similar to those referred to in section 30 are granted to experts and other persons who, without have a pass to the United Nations, are bearers of a certificate attesting that they travel on behalf of the Agency.
Section 32 the Director-general, Deputy Directors-General and other officials of a rank of at least equal to that of Chief of division of the Agency, traveling on behalf of the Agency and fitted with a pass of the United Nations, enjoy the same facilities for travel as members of the diplomatic missions of comparable rank.

Art. X settlement of disputes Section 33 the Agency must provide modes of Regulation appropriate for: a) the contracts or other disputes of law disputes private to which the Agency would be party; b) disputes in which an official or expert of the Agency which, because of his official position, enjoys immunity, if immunity has not been lifted in accordance with the provisions of sections 21 and 25 would be involved.

Section 34 unless, in a particular case, the parties agree to have recourse to another mode of settlement, any dispute concerning the interpretation or application of this agreement will be brought before the International Court of Justice, in accordance with the Statute of the Court. If a dispute between the Agency and a Member State amounts, and the parties agree to no other mode of regulation, an advisory opinion on any point of law raised will be requested in accordance with art. 96 of the Charter of the United Nations and the art. 65 of the Statute of the Court, as well as corresponding provisions of the agreement between the United Nations and the Agency. The Court's opinion will be accepted by the parties as decisive.

RS 0.193.501 RS 0.120 art. XI Section 35 Interpretation the provisions of this agreement should be interpreted in light of the functions assigned to the Agency by its status.
Section 36 the provisions of this agreement have no limitation and no prejudice to the privileges and immunities which have been already or who may be granted to the Agency by a State, due to the fact that the headquarters or regional agency offices are located on the territory of that State, or that officials, experts products, equipment or facilities owned by the Agency can be found on the territory for the execution of projects or activities of the Agency, including the application of safeguards to a project of the agency or other arrangement. This agreement shall be construed as prohibiting the conclusion between a State party and the Agency of additional agreements for landscaping provisions of this agreement, the extension or to the limitation of the privileges and immunities that it grants.
Section 37 no provision of the Statute of the Agency nor any right or obligation that the Agency can also possess, acquire or assume cannot be repealed by operation of this agreement, which will not make any derogation.

Art. XII final provisions Section 38 agreement will be communicated to all members of the Agency for acceptance. This is done by filing with the Director-general of an instrument of acceptance; the agreement shall enter into force, with respect to each Member, at the date of the deposit of its instrument of acceptance. It is understood that when an instrument of acceptance is filed on behalf of a State, it must be able to apply, under its law, the provisions of this agreement. Executive Director will send a certified copy of this agreement to the Government of any State which is or becomes a member of the Agency, and will inform all members of the deposit of each instrument of acceptance and the delivery of any notice of termination under section 39. Any member of the Agency will be able to formulate reservations to this agreement. It cannot do so when will deposit its instrument of acceptance; the Director general shall immediately communicate the text of the reservations to all members of the Agency.
Section 39 this agreement remains in force between the Agency and any Member who filed, an instrument of acceptance, as long as the Member is a member of the agency or until a revised agreement is approved by the Board of Governors and that the Member has become there party, provided, however that if a member gives to the Director a notice of termination This agreement ceases to be in force in respect of that Member one year after receipt of the notice by the Director general.
40. at the request of one third of the States parties to this agreement, the Board of Governors agency section if it is necessary to approve agreement amendments. The amendments approved by the Board come into force upon their acceptance in accordance with the procedure provided for in section 38.

Application scope 25 January 2016 States parties Ratification, accession (A) Declaration of estate (S) entry into force South Africa * 13 September 2009 13 September 2002 Albania April 10, 2003 April 10, 2003 Germany * August 4, 1960 August 4, 1960 Argentina 15 October 1963 October 15, 1963 Australia may 9, 1986 9 May 1986 Belarus * December 2, 1966 2 December 1966 Belgium * October 26, 1965 October 26, 1965 Benin 30 January 0203 January 30, 2003 Bolivia April 10, 1968

10 April 1968 Bosnia and Herzegovina * June 11, 2009 June 11, 2009 Brazil June 13, 1966 June 13, 1966 Bulgaria June 17, 1968 June 17, 1968 Cameroon 22 September 1988 22 September 1988 Canada * June 15, 1966 Chile June 15, 1966 * December 8, 1987 December 8, 1987 China * 16 July 1984 16 July 1984 Cyprus July 27, 1983 27 July 1983 Colombia July 1, 1983 July 1, 1983 Congo (Kinshasa) 9 April 2003 April 9, 2003 Korea (South) * 17 January

1962 January 17, 1962 Croatia February 12, 1993 12 February 1993 Cuba * August 24, 1982 24 August 1982 Denmark * March 14, 1962 14 March 1962 Egypt 12 February 1963 February 12, 1963 Ecuador 16 April 1969 16 April 1969 Spain may 21, 1984 May 21, 1984 Estonia 12 February 1992 12 February 1992 Finland July 29, 1960 July 29, 1960 Ghana 16 December 1963 16 December 1963 Greece November 2, 1970 November 2, 1970 Hungary * July 14, 1967 14 July

India 10 March 1967 1961 10 March 1961 Indonesia * June 4, 1971 June 4, 1971 Iran may 21, 1974 21 May 1974 Iraq November 23, 1960 November 23, 1960 Ireland February 29, 1972 29 February 1972 Iceland March 19, 2007 March 19, 2007 Italy * June 20, 1985 20 June 1985 Jamaica September 5, 1967 September 5, 1967 Japan April 18, 1963 18 April 1963 Jordan * October 27, 1982 October 27, 1982 Kazakhstan April 9, 1998 April 9, 1998 Kuwait 15 September 1998 15 September 1998 Latvia 5 January 2000 January 5, 2000 Lithuania 28 February 2001 February 28, 2001 Luxembourg * March 24, 1972 24 March 1972 Morocco * March 30, 1977 March 30, 1977 Maurice April 7, 1975 7 April 1975 Mexico * 19 October 1983 19 October 1983 Moldova * December 22, 2008 December 22, 2008 Mongolia January 12, 1976 January 12, 1976 Montenegro 21 March 2007 S 30 October 2006 Mozambique March 15, 2011 March 15, 2011 Nicaragua October 17, 1977

17 October 1977 Niger 17 June 1969 June 17, 1969 Nigeria 4 April 2007 April 4, 2007 Norway October 10, 1961 October 10, 1961 New Zealand June 22, 1961 June 22, 1961 Oman * August 3, 2010 has Pakistan August 3, 2010 * April 16, 1963 April 16, 1963 Palau September 5, 2013 September 5, 2013 Netherlands * August 29, 1963 August 29, 1963 Aruba August 29, 1963 August 29, 1963 Curaçao 29 August 1963 29 August 1963 part Caribbean (Bonaire (, Sint Eustatius and Saba) August 29, 1963 August 29, 1963 Sint Maarten August 29, 1963 August 29, 1963 Philippines 17 December 1962 17 December 1962 Poland July 24, 1970 24 July 1970 Portugal * November 27, 2006 November 27, 2006 Czech Republic 24 March 1994 S 27 September 1993 Romania * October 7, 1970 October 7, 1970 United Kingdom 19 September 1961 September 19, 1961 Russia * 1 July 1966 1 July 1966 Holy see January 21, 1986 21 January 1986 Senegal December 15, 2006

December 15, 2006 Serbia 28 April 1992 April 27, 1992 Singapore * July 19, 1973 19 July 1973 Slovakia 10 February 1993 S 27 September 1993 Slovenia 7 July 1992 S 21 September 1992 Sweden September 8, 1961 September 8, 1961 Switzerland * 16 September 1969 16 September 1969 Syria


December 18, 1989 18 December 1989 Tajikistan may 11, 2009 may 11, 2009 Thailand * 15 May 1962 15 May 1962 Tunisia 28 December 1967 December 28, 1967 Turkey * 26 June 1978 Ukraine 26 June 1978 * 5 October 1966 5 October 1966 Viet Nam 31 July 1969 July 31, 1969 * reservations and declarations;
Reservations and declarations are not published to the RO, except those in the Switzerland. The texts in English can be found at the address of the Web site of the International Agency for Atomic Energy (IAEA) www.iaea.org/Publications/Documents/Conventions or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern...

Reservations and declarations Switzerland art. VI, section 12, al. 2. the Switzerland reserves the right not to grant the stay of Appeal requested by the Agency, it being understood that these requests will be a benevolent review on the part of the competent federal authorities.

1970 118 RO; FF 1969 I 217 RO 1970 117 RS 0.732.011 RO 1970 118, 1974-263, 1982-1287-2089, 1984 198, 1985 500, 1986-177, 1987 469, 1988, 1748, 2011 4883, 1990 560 1601, 2004 2979, 2007 4391 2016 495. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
Art. 2 of the Federal Decree of 18 June 1969 (RO 1970 117) State on January 25, 2016

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