Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5638.html
Law No. 5638
Acceptance Date: 02/05/2007
Date 27/12/2006 ARTICLE 1, signed in Ankara, "the Government of the Republic of Turkey and Economic Cooperation Organization (ECO) Trade and Development Bank Headquarters Agreement Between" has been used in the validation of.
Article 2 shall enter into force on the date of publication of this Act, to be effective from the date of 27/12/2006.
Ministers executes the provisions of Article 3 of this Law.
THE GOVERNMENT OF THE REPUBLIC OF TURKEY
ECONOMIC COOPERATION organized (ECO)
The BANK OF COMMERCE AND kalkln
27 DECEMBER 2006 ANKARA
HEADQUARTERS AGREEMENT WITH THE REPUBLIC OF TURKEY
ECO TRADE AND DEVELOPMENT BANK
Government of the Republic of Turkey and Economic Cooperation Organization (ECO) Trade and Development Bank;
Having regard to the Treaty establishing the ECO Trade and Development Bank; The
agreement, saving the ECO Trade and Development Bank Headquarters will deploy in the Republic of Turkey on the 23th Article;
Bank of the Republic of Turkey and the status of the person connected to the bank, in order to define the privileges and immunities;
BELOW, AS HAVE AGREED: To Article 1
Definitions the purposes of this Agreement, the following terms shall have the meanings indicated for:
a) "Bank Foundation Agreement", 15 March 1995 in Islamabad signed, it means the treaty establishing the ECO Trade and Development Bank;
B) "Bank" means the ECO Trade and Development Bank;
C) "Government" means the Government of the Republic of Turkey;
D) "Member State", "Head", "vice president" and "Governor", "Temporary Governor", "Reserve Governor", "Temporary spare Governors", "Director", "provisional Director", "Reserve Director "and" Temporary Replacement Directors' terms, the Agreement Establishing the Bank shall have the same meanings in the Constitution or the Rules of Procedure;
E) "Space bank" is used for the Bank's official activities, land, buildings and parts of buildings it means including entrance facilities;
F) "Officers", the President, Vice President and other persons to whom it means the officer appointed as President of the Bank;
G) "Bank Employees", regardless of nationality, except in return locally hired employees to be able to wage and hour, that means the staff of the Bank;
H) "Archives of the Bank", belonging to the Bank or in the hands of the Bank, all records, correspondence, documents, manuscripts, still and moving pictures and films, sound recordings, computer programs, written materials, video tapes or discs, It contains discs or tapes containing data.
I) the Bank's official activities "of all activities carried out in accordance with the Agreement the Bank and the Qur'an, and including administrative activities, said the Agreement 1 st, 2 nd and 7 th all kinds of activities that are appropriate to perform the Bank's objectives and duties under Articles contains.
j) "Bank connected Persons", the Bank's governor, Temporary Governor, spare Governors, Temporary Replacement Governors, Committee Members, Directors, Interim Director, spare Director, Temporary Replacement Directors, President, Vice-Presidents, Officers and employees and experts working on behalf of the Bank means;
k) 'Host Country "means the Republic of Turkey; and
L) "Law of the Republic of Turkey", issued under the Government or by the legislative authority of savings and decrees include regulations or directives. Interpretation of Article 2
1. This Agreement, the Republic of Turkey within the Bank's responsibility to ensure full and effective way to carry out its tasks in the light of fulfillment and purpose and the main target will be reviewed.
2. This Agreement shall be deemed Bank Foundation Agreement shall be put to implementation and support, are particularly amend the provisions of Chapter VII of the provisions of this Agreement or diverting (derogation) shall be considered as. Article 3. Legal Entity
Bank, financial activities and transactions are recognized as an independent international organization having the Turkish Banking Law are not subject to full legal personality and, in particular;
(A) to contract
(b) to acquire movable and immovable property and to dispose of, and
(c) has full legal personality and full legal capacity to initiate legal proceedings in terms
. Article 4 1
legal immunity from prosecution. Within the scope of its official activities, the Bank will have legal immunity except for the cases listed below:
(A) for any case of bank or waive the immunity he clearly states that any written document;
(B) the Bank's borrowing, debt, or are guaranteed to all kinds of litigation arising from the purchase of securities or the exercise of authority to undertake the purchase or sale;
(C) caused by a Person Connected with the Bank acting on behalf of the Bank due to the damage caused by the traffic accident the lawsuits by third parties;
(D) the Republic of Turkey within the Bank or Bank Affiliate a person's actual or death caused by negligence or for personal injury litigation;
(E) as a result of a lawsuit brought by the enforcement of arbitration is clearly a referee decision against the Bank;
(F) a counterclaim are directly related to a lawsuit filed by the Bank.
2. The Bank's property and assets, no matter where and who's in the hands of any encumbrances except when giving final judgment against the Bank, seizure, attachment or you will be made from the executive. Article 5 The Bank
Space 1. Government, in accordance with national legislation, grant the venue chosen by the Bank, through rental or purchase will do its best to help the Bank may acquire.
2. Government without the consent of the Bank to dispose of all or a portion of the Bank's locations or will attempt to remove. Article 6 of the immunity of rape
Bank Locations 1. It will be the venue of rape made by the Bank in this space and who will make all the arrangements necessary for the performance of their duties shall be under the control and authority of the Bank.
2. Administrative, judicial, military or police whether the Government or any officer to give his approval to any persons exercising public powers and the President, except under conditions approved by the circumstances, the Bank will not enter the premises. It assumed to have been given this approval in case of fire or other disaster requiring emergency protective actions. The Bank and the government, fighting, in conjunction with sanitary regulations or emergencies without the prior approval of the Bank of the circumstances in which the Bank's locations and government officials will have to agree on what will come in the way. Bank fully independent exercise of their activities for the performance of administrative duties and will be in effect within the venue rules and regulations of the Bank shall have the authority to place. 3
. Terms of this Agreement without prejudice to the Bank, the Bank's premises, refund or limit subject to deportation foreigners or the Republic of Turkey laws within the scope of arrest or legal process to become a refuge for fleeing persons from performing or ECO Trade and Development Bank of the Organization as specified in the Agreement other incompatible with the objectives of the Bank It will prevent such use. Article 7 of the Bank's Area of Conservation
1. The venue of the Bank, as stated in the Treaty establishing the ECO Trade and Development Bank, will be used exclusively to carry out the objectives of the Bank.
2. Government, all kinds of locations, the Bank of unauthorized access or protect against damage and to disrupt the peace of the bank or take all the appropriate measures deemed necessary to protect all acts that would undermine the dignity are under a special obligation in the matter. 3
. Bank land around the possibility of the Bank's premises, will take all measures necessary to ensure that harm because it is used by the Bank.
Article 8 of the Bank's Public Service Locations
1. The Government will do everything necessary for the provision of essential public services to the Bank and the cost of such services shall be borne by the Bank.
2. In case of termination or the threat of such services, the Government needs with the needs of international institutions like the Bank will agree that it is of equal importance and will take the necessary measures to prevent the disruption of the Bank's activities. 3
. Bank, upon request, adequate public services of bodies duly authorized representative services in the Bank's premises, transmission lines, inspection for mains and sewers, repair, maintenance, will make the necessary arrangements to ensure that can change the modification and location.
Flags and Emblems
Bank will have the ECO flag and emblem as well as its cue to carry and right hanging the flags of Member States of the Bank's locations in a motor vehicle and the Bank's President and Area Bank vehicles.
Immunities Article 10 of the Bank's property and archives
1. Article 4 (1) of the clearly the conditions and the President within the scope of immunity, except for any special occasion as a waiver Bank's property and assets, where and who matter in hand, searching, using public office, confiscation, expropriation and any administrative or judicial intervention or will take, or are made from execution.
2. The Bank will Archives are made from all kinds of rape. Article 11 Communications and Publications
1. Bank, the Republic of Turkey, in terms of transfer of official communication and documentation, stationed in the Republic of Turkey can recognize the government less than the most favorable treatment to other international organizations, will serve as a non-favorable treatment.
2. all kinds of any official communication from the Bank and from the Bank or Bank Affiliate Locations People coming to the bank official communications, censorship and violation of privacy or not they will be made from other prevention interventions. This all publications immunity, fixed and moving pictures, will include films and sound recordings. In extraordinary circumstances that require censorship, the appropriate authorities of the Republic of Turkey and outgoing communication from the Bank in consultation with the Bank in accordance with the laws of the Republic of Turkey will hold the remaining are made from censorship. Nothing in this section is believed to be state security and public order, there's no reason to compromise, will not prevent such measures to be taken in consultation with the Bank. 3
. Bank, and use code, diplomatic couriers and the immunities and privileges accorded to the bag will not be less favorable immunity and to have the privilege, the courier or sealed bags will be entitled to official correspondence and other sending official communications and receiving. Article 12 Customs and Tax Exemptions
1. The Bank's scope of official activities, the movable and immovable property of the Bank, interest, capital gains, foreign exchange earnings, assets of every kind revenues such as income, as well as activities and processes, goods and services received, whether the center wants local Value Added Tax (KDV), income tax, withholding tax, including stamp duty, but without being restricted to these present and future, directly or indirectly, will be exempt from all taxes and duties. Referring to the previous provision, the Bank will also be exempt from withholding or collection of any tax or payment obligations. However, the Bank will not claim exemption from taxes which are in fact nothing more than a fee to use public services.
2. within the scope of the Bank's official activities and is required for these activities by the Bank of imported or exported goods and all kinds of official publications imported or exported by the Bank, KDV and excise all kinds, including taxes from customs duties and taxes and import and export bans and It shall be exempt from restrictions as far as possible. Article 13 Sales
again acquired or imported goods can only be removed or left in a person exempt from customs duty or transferred or sold to outside the country again.
Bank Affiliated Persons Article 14 Privileges and Immunities
1. Government, Bank of Foreign Officials and Employees and mortar visa of their households efrat constituting member of the family as soon as possible without payment undertake to allow entry to the Republic of Turkey, but the visa procedures will be carried out in accordance with the Republic of Turkey Act.
2. Bank Connected Persons:
(A) except in cases where the Bank's waiver of immunity in respect of acts they have done their official duties, tasks or services after the end of the legal proceedings will even get made. However, this immunity, that person will not apply to civil liability for damage caused by the case arising from a traffic accident;
(B) with households that constitute the family members, immigration restrictions and terms of foreign exchange regulations, representatives of comparable rank of similar international organizations Republic of Turkey shall have the exemption have recognized the officers and employees;
(C) with households that constitute the family members will be exempt from national service obligations.
(D) with households that constitute the family members, representatives of comparable rank of similar international organizations the Republic of Turkey, travelers have recognized the officers and employees shall be subject to the same treatment in terms of facilities;
(E) shall be exempt from taxation in respect of salaries and fringe benefits paid by the Bank;
(F) of the Republic of Turkey foreign (or foreign nationals) will be exempted from the work permit is subject. 3
. foreign officers and staff of the Bank, in accordance with the laws of the Republic of Turkey, including one car per family household temporarily shall have the right to bring Turkey; but the goods will be used exclusively for those people who stay in Turkey as long as they fulfill their duties and will be removed from Turkey at the end of the mission. However, the exemption granted in accordance with the law except the cases, the goods specified in this paragraph, will not be transferred temporarily or permanently, will not be rented or sold.
4. Paragraph 1 and 2 in addition to those mentioned privileges and immunities, and the Vice President of the Bank, in accordance with current practices, each according to his rank, in accordance with the recognized International Customary Diplomatic Corps will benefit from other privileges and immunities.
5. Paragraph 2 (b), 2 (c), 2 (d), 2 (e), 2 (f), 2 (3), 2 (4) and Article 18 (2) above privileges and immunities, the Bank Affiliate people are not applied to foreign citizens residing permanently in the Republic of Turkey and Turkey.
from Social Security
Bank has set up a social security system or the date on which such a system to join the Officers of the Bank and its employees, in terms of the services they deliver to the Bank, the Republic of Turkey board shall be exempt from the provisions of any social security system. However, as a permanent resident in the Republic of Turkey, if they desire Bank Officers and Employees, 5510 Social Security and General Health Insurance Law, are subject to optional social security provisions. not subject to the Republic of Turkey citizen, but the 5510 Law optional social security provisions, bank officers and employees, following the termination of their duties at the bank, the amount of time they worked at the bank May 8, 1985 date and 3201 numbered Abroad Abroad of found Turkish citizens Evaluation of the Social Security for the last time about can borrow in accordance with the law.
Work Entering Opportunity
Bank will work with people that do not violate immigration laws related to the current Republic of Turkey and the laws in accordance with Turkey's taking all reasonable measures to determine whether or not subject to the prohibition of employment, any available in the Republic of Turkey an officer of the Bank or persons working or will not work as experts acting on behalf of the Bank.
Article 17 Immunities, Exemptions and Privileges
waiver of immunity granted under this Agreement, exemptions and privileges, not for the personal benefit of the individuals concerned, it is well-known for the interests of the Bank. The Board of Directors where it deems the most appropriate course of action for the benefit of the Bank, which recognized immunity under this Agreement, exemptions and privileges, with its own set of criteria and conditions which may be waived. President, immunity would prevent the accrual of justice of the exemptions and privileges and where satisfied may be waived them without prejudice to the interests of the Bank, the Bank other than the President or Vice-Presidents of any officer or employee or immunity in terms of specialists performing services on behalf of the Bank, waiving immunity and privileges rights and it shall have the task. Similar circumstances and under the same conditions, the Board of Directors, and the Vice President in terms of immunity, waive immunity and privileges shall have the rights and duties.
Article 18 Notification of Assignment: Identity Cards
1. an officer or employee of the Bank or when an expert starts working tasks on behalf of the bank or leaving office will notify the Bank of the Republic of Turkey Ministry of Foreign Affairs; In addition, the Bank, all officers will be sent a list of current employees and experts of the Republic of Turkey Ministry of Foreign Affairs. In each list, whether the person concerned is a citizen of the Republic of Turkey will be informed whether or permanent residence in the Republic of Turkey.
2. Republic of Turkey Ministry of Foreign Affairs, reported that employees assigned to the Bank, will provide a photo identification card showing that they are officers or employees of the Bank. ARTICLE 19 Cooperation
1. Bank of immunities provided in this Agreement, the privileges, the appropriate measures to cooperate with the competent authorities of the Republic of Turkey to prevent abuse of the exemption and will ease.
2. Nothing in this Agreement shall not affect the right to take the measures it deems necessary to the security of the Government of the Republic of Turkey. If the Government sees the implementation of the previous sentence necessary to protect the interests of the Bank as soon as the extent permitted by the terms and conditions in order to mutual agreement on the necessary measures will be in contact with the bank facility. Bank, the security of the Republic of Turkey will cooperate to prevent any prejudice come.
Article 20 Amendment
Government or at the request of the Bank, the implementation of this Agreement shall be made in consultation for modification or expansion. The Government agreed to the deal and that changes in the Bank / amendment will enter into force in accordance with Article 23 of the aforementioned procedures.
General Provisions of this Agreement without prejudice to the privileges and immunities of the Republic of Turkey to comply with laws and regulations, it is everyone's task of these privileges and immunities. In addition, they carry the duty not to interfere in the internal affairs of the Republic of Turkey. ARTICLE 22 Settlement of Disputes
A) of the Bank arising from contract law and private law disputes in the nature of the conflict, in consultation with the Government;
B) with impunity because the authorities and which are not waive this immunity, determine the appropriate methods to resolve the conflict, which also involved the People's Bank connected.
2. The interpretation of this Agreement or relating to the implementation, conflict is resolved with a compromise format agreed upon in negotiations or other shapes, each individual case will be established as specified in the following provisions of an arbitration consisting of three arbitrators will be the final decision of the court deposit. Each Government and the Bank within two months of receipt of the request for arbitration, the arbitration tribunal shall appoint one arbitrator. In this way, the two appointed arbitrators are not members of any of the citizens of the State will select a third arbitrator as chairman of the arbitration tribunal. 3
. after being notified of the request for arbitration fails to be agreed third first two arbitrators within three months, if necessary appointments made, the Government or the Bank, unless it agreed in other ways, the International Court of Justice President will invite to make the necessary appointments. If any citizen of one of the International Court of Justice, the President of the Member States or any other reason unable to fulfill the tasks referred to the Vice President of the International Court of Justice will be invited to make the necessary appointment. If International while any citizen of the Court of Justice, Vice President of Member States or other, why can not fulfill the tasks referred to a subsequent and also an invitation to judge the next who is not a citizen of the Member States in terms of seniority in the International Court of Justice will be removed.
4. The decision of the arbitration tribunal shall be final and binding. Arbitration tribunal shall determine its own rules of procedure, and in this regard, on March 18, 1965 established by the Convention on the Nationality of another State and Washington, DC, opened for signature between States Settlement of Investment Disputes International Investment Disputes shall comply with the Centre's Arbitration Procedures Rules of Procedure.
5. Arbitration court of expenses will be shared equally by the Government and the Bank.
Article 23 Final Provisions, Entry into force and termination 1
. This agreement, after signing the agreement of both sides on the date of the completion of the legal procedures reported that Bank of the Republic of Turkey shall enter into force.
2. This Agreement, the ECO Trade and Development Bank of the Treaty Establishing the Bank remain valid and shall remain in force as long as the Republic of Turkey.
. This Agreement may be terminated by agreement between the Government and the Bank. The Bank's headquarters moved into the territory of the Republic of Turkey, as reasonable for the disposal and transfer of property within the Bank of the Republic of Turkey, then the time required will culminate into force of this Agreement. This Agreement were signed by authorized representatives of the parties
Ankara on December 27, 2006 were made in two copies in English and Turkish; English text shall prevail in case of discrepancy of the two texts.
REPUBLIC OF ECO TRADE AND DEVELOPMENT
GOVERNMENT OF THE BANK ON BEHALF
Abraham H. ÇANAKÇI Murat Ulus
Undersecretary of Treasury Bank President
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