Par Latvijas Republikas un Ekonomiskās sadarbības un attīstības organizācijas līgumu par organizācijas privilēģijām, imunitātēm un atvieglojumiem

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Latvijas Republikas

vārdā

Ekonomiskās sadarbības

un

attīstības organizācijas vārdā

Edgars RINKĒVIČS

Ārlietu ministrs

Angel GURRÍA

Ģenerālsekretārs

AGREEMENT

BETWEEN THE REPUBLIC OF LATVIA

AND THE ORGANISATION FOR ECONOMIC CO-OPERATION AND

DEVELOPMENT

ON THE PRIVILEGES, IMMUNITIES AND FACILITIES GRANTED

TO THE ORGANISATION

THE REPUBLIC OF LATVIA AND THE

ORGANISATION FOR ECONOMIC

CO-OPERATION AND DEVELOPMENT

(HEREINAFTER REFERRED TO AS "THE PARTIES"),

HAVING REGARD to the provisions of the Convention on the

Organisation for Economic Co-operation and Development of 14

December 1960 (hereinafter referred to as "the OECD

Convention"), in particular Article 5 c);

HAVE AGREED as follows:

Article 1

For the purposes of this Agreement:

(a) "archives of the Organisation" means all records

and correspondence, documents and other material, including tapes

and films, sound recordings, computer software and written

material, video tapes, discs and multimedia supports, either in

conventional or in digital form, or any other support storing any

information or material belonging to or held by the Organisation

or on its behalf;

(b) "charges for pension or social security

purposes" means all charges related to pension or social

security coverage, whether or not such charges are related to the

employment of officials by the Organisation and including all

charges related to pensions or retirement benefits, unemployment

benefits, health insurance and family benefits;

(c) "experts" means persons other than those

mentioned in paragraph (h) of this Article, who are appointed by

the Organisation to carry out missions for the Organisation;

(d) "Government" means the Government of the

Republic of Latvia (hereinafter referred to as

"Latvia");

(e) "meeting convened by the Organisation" means any

meeting of a body of the Organisation, and any other meeting,

conference, seminar or gathering convened by the Organisation,

including meetings organised jointly with other entities;

(f) "Members" means countries which are Members of

the Organisation or other entities which participate in the work

of the Organisation in pursuance of Article 13 of the Convention

on the Organisation;

(g) "non-Member participants" means countries,

economies or international organisations which are not Members of

the Organisation and which have received an invitation from the

Organisation to participate in a meeting convened by the

Organisation;

(h) "officials" means the categories of staff to

which the provisions of this Agreement apply as specified by the

Secretary-General of the Organisation;

(i) "Organisation" means the Organisation for

Economic Co-operation and Development and all the entities or

agencies functioning under its framework;

(j) "premises of the Organisation" means buildings

or parts thereof (including the land ancillary thereto), utilised

permanently or temporarily for official purposes of the

Organisation;

(k) "property of the Organisation" means all

property, including income, funds and assets, belonging to the

Organisation or held or administered by the Organisation or on

its behalf;

(l) "representatives" means all delegates,

alternates, advisers, technical experts and secretaries of

delegations of Members or non-Member participants.

Article 2

The Organisation possesses juridical personality. It has the

capacity, inter alia, to conclude contracts, to acquire

and dispose of movable and immovable property and to institute

legal proceedings.

Article 3

The Organisation shall be granted the privileges, exemptions

and immunities provided for in this Agreement and any more

favourable privilege, exemption and immunity which the Government

has agreed to grant to any other international organisation.

Article 4

The Organisation and its property, wherever located and by

whomsoever held, shall enjoy immunity from every form of legal

process except insofar as in any particular case it has expressly

waived its immunity. It is, however, understood that no waiver of

immunity shall extend to any measure of execution.

Article 5

The property of the Organisation, wherever located and by

whomsoever held, shall be immune from search, requisition,

confiscation, expropriation or any other form of interference

whether by executive, administrative, judicial or legislative

action.

Article 6

1. The premises of the Organisation, including premises

utilised by the Organisation for the duration of a meeting

convened by the Organisation, shall be inviolable and shall be

under its exclusive control and authority.

2. The Government shall take appropriate measures to ensure

the security of the Organisation's premises; in particular, it

shall prevent any person, or group of persons from penetrating

without authorisation into the premises or causing disorder in

the immediate vicinity thereof.

Article 7

The archives of the Organisation and more generally all

documents belonging to it or held by it, shall be inviolable

wherever located.

Article 8

Without being restricted by financial controls, regulations or

moratoria of any kind:

(a) the Organisation may hold currency of any kind and operate

accounts in any currency;

(b) the Organisation may freely transfer its funds within,

into and out of the territory of Latvia and convert any currency

held by it into any other currency.

Article 9

The Organisation and its property shall be exempt from:

(a) any form of direct taxation including charges for pension

or social security purposes; however, the Organisation will not

claim exemption from rates and taxes which constitute no more

than a payment for public utilities;

(b) customs duties, prohibitions and restrictions in respect

of goods imported and exported by the Organisation for its own

functioning or in pursuance of its activities, on the

understanding that such imported goods will not be sold in

Latvia, except under conditions agreed with the Government;

(c) customs duties, prohibitions and restrictions in respect

of import and export of publications or other goods produced by

it, as well as any taxes in respect of the sale or diffusion free

of charge of its publications or other goods produced or services

provided by it;

(d) any form of indirect taxation, including taxes forming

part of the price to be paid, on goods and services purchased by

the Organisation for its own functioning or in pursuance of its

activities.

Article 10

1. The Organisation shall enjoy, for its official

communications, treatment not less favourable than that accorded

by Latvia to any international organisation or foreign

government, including its diplomatic mission, in the matter of

priorities, rates and taxes on mails, cables, telegrams,

radiograms, telephotos, telefaxes, telephone, electronic

communications and other communications and press rates for

information to the press and radio. No censorship shall be

applied to the official correspondence and other official

communications of the Organisation.

2. The Organisation shall enjoy the right, for its

communications, to use codes and to send and receive

correspondence and other papers and documents by courier.

Article 11

Essential public services shall be made available to the

Organisation on the same basis and conditions as those which

apply to diplomatic missions in Latvia.

Article 12

1. Representatives of Members and non-Member participants in

the Council of the Organisation or in any other body of the

Organisation or participating in a meeting convened by the

Organisation in Latvia shall, while exercising their functions

and during their journey to and from the place of meeting, enjoy

the following privileges and immunities:

(a) immunity from personal arrest or detention and from

seizure of their personal baggage, and, in respect of words

spoken or written and all acts done by them in their capacity as

representatives, immunity from legal process of every kind;

(b) inviolability for all papers and documents;

(c) the right to use codes and to receive papers and

correspondence by courier or in sealed bags;

(d) exemption in respect of themselves and their spouses or

partners from immigration restrictions, aliens registration or

national service obligations in the State they are visiting or

through which they are passing in the exercise of their

functions;

(e) the same facilities in respect of currency or exchange

restrictions as are accorded to representatives of foreign

governments on temporary official missions;

(f) the same immunities and facilities in respect of their

personal baggage as are accorded to diplomatic envoys, and

also;

(g) such other privileges, immunities and facilities, not

inconsistent with the foregoing, as diplomatic envoys enjoy,

except that they shall have no right to claim exemption from

customs duties on goods imported (otherwise than as part of their

personal baggage) or from excise duties or sales taxes.

2. In order to secure for representatives of Members and

non-Member participants complete freedom of speech and

independence in the discharge of their duties, the immunity from

legal process in respect of words spoken or written and all acts

done by them in discharging their duties shall continue to be

accorded, notwithstanding that the persons concerned are no

longer the representatives of Members or non-Member

participants.

3. Privileges and immunities are accorded to the

representatives of Members and non-Member participants in order

to safeguard their functions in connection with the Organisation

and not for their personal benefit. Consequently, a Member or

non-Member participant has not only the right but also the duty

to waive the immunity of its representative in any case where, in

the opinion of the Members or non-Member participant, the

immunity would impede the course of justice, and it can be waived

without prejudice to the purpose for which the immunity is

accorded.

Article 13

Officials of the Organisation shall:

(a) be immune from arrest or detention for acts performed in

their official capacity and from seizure of their baggage and

other belongings;

(b) be immune from legal process for words spoken or written

and acts performed in their official capacity or in the context

of their employment with the Organisation; they shall continue to

be so immune after completion of their functions as officials of

the Organisation;

(c) be exempt from any form of direct taxation, including

charges for pension or social security purposes, on salaries,

emoluments, indemnities, pensions or other element of

remuneration paid to them by the Organisation;

(d) be exempt, together with their spouses or partners and

dependent relatives, as recognised by the Organisation, from

immigration restrictions and alien registration;

(e) be exempt from the national military service;

(f) enjoy, together with their spouses or partners and

dependent relatives, as recognised by the Organisation, the same

benefits in respect of repatriation in cases of international

crisis as members of diplomatic missions;

(g) have the right to import free of duty their furniture and

effects at the time of first taking up their functions in

Latvia;

(h) have the same right to import free of duty motor vehicles

as Latvia accords to diplomatic agents of comparable rank;

(i) be accorded the same privileges in respect of currency or

exchange facilities as are accorded to diplomatic agents of

comparable rank;

(j) be exempt from any obligation to deposit security payable

in respect of goods temporarily admitted into Latvia;

(k) enjoy the right, for acts performed in their official

capacity, to use codes and to send and receive correspondence and

other papers and documents by courier.

Article 14

In addition to the privileges, immunities and facilities

mentioned in Article 13:

(a) the Secretary-General of the Organisation shall enjoy the

privileges, immunities and facilities granted to the heads of

diplomatic missions; his/her spouse or partner and dependent

children, as recognised by the Organisation, shall enjoy the

privileges, immunities and facilities granted to the members of

family forming part of the household of heads of diplomatic

missions;

(b) the Deputy and Assistant Secretaries-General shall enjoy

the privileges, immunities and facilities granted to diplomatic

agents of comparable rank; their spouses or partners and

dependent children, as recognised by the Organisation, shall

enjoy the privileges, immunities and facilities granted to the

members of family forming part of the household of diplomatic

agents of comparable rank.

Article 15

1. Experts performing missions for the Organisation and

individuals invited to participate in a meeting convened by the

Organisation, shall enjoy, in the territory of Latvia, such

privileges, immunities and facilities as are necessary for the

independent exercise of their functions during the period of

their missions, including time spent on journeys in connection

with their missions.

2. In particular, the persons referred to in paragraph 1 of

this Article shall be accorded:

(a) immunity from arrest or detention and from seizure of

their baggage and other belongings;

(b) immunity from legal process in respect of words spoken or

written, and of all acts done in the performance of their

mission; such immunity shall continue after the completion of

their mission;

(c) inviolability for all papers and documents;

(d) the right, for the purpose of communicating with the

Organisation, to use codes and to send and to receive

correspondence and other papers and documents by courier;

(e) the same privileges in respect of currency or exchange

facilities as are accorded to a representative of a foreign

government on temporary official mission;

(f) the exemption from any obligation to deposit security

payable in respect of goods temporarily admitted into Latvia.

Article 16

The Government shall take all appropriate measures to

facilitate the entry into, stay in, and exit from the territory

of Latvia, and to ensure the freedom of movement within such

territory of representatives of Members and non-Member

participants, officials and experts of the Organisation and any

other person invited by the Organisation for official

purposes.

Article 17

Privileges, immunities and facilities are granted to officials

and experts in the interest of the Organisation and not for the

personal benefit of the individual themselves. The

Secretary-General of the Organisation shall have the right and

duty to waive the immunity of any official or expert where, in

his/her exclusive opinion, the immunity of this official or

expert would impede the course of justice and can be waived

without prejudice to the interests of the Organisation. In the

case of the Secretary-General and the Deputy and Assistant

Secretaries-General of the Organisation, the Council of the

Organisation shall have the right to waive immunity.

Article 18

The Organisation shall co-operate at all times with the

Government to facilitate the proper administration of justice and

prevent the occurrence of any abuse in connection with the

privileges, immunities and facilities mentioned in this

Agreement.

Article 19

In order to enable the Organisation to fully and efficiently

discharge its responsibilities and fulfil its tasks:

(a) the Government shall assist the Organisation in resolving

any difficulty the Organisation may encounter with the

procurement of goods, services and facilities in the territory of

Latvia and in ensuring effective respect for the privileges,

immunities and facilities accorded to it; and

(b) the Government shall reimburse or compensate the

Organisation for costs or losses incurred as a result of the

failure of any public authority of Latvia to respect the

privileges, immunities and facilities set out in this Agreement

or granted in its pursuance.

Article 20

In case of non-respect by a national authority of any of the

privileges, immunities or facilities granted in this Agreement,

the Government agrees to

(a) defend the Organisation, at its request, in the event of a

claim or administrative or judicial actions against it;

(b) indemnify the Organisation of all expenses and losses

incurred;

(c) hold harmless the Organisation for all decisions and

actions taken in that context.

Article 21

This Agreement shall be interpreted and applied in the light

of its primary purpose which is to enable the Organisation to

fully and efficiently discharge its responsibilities and fulfil

its tasks.

Article 22

1. The Parties shall attempt to settle any dispute as to the

interpretation or application of this Agreement by negotiations

or by any other mutually agreed method.

2. If the dispute is not settled in accordance with paragraph

1 within a period of sixty days from the request of either Party

to settle it, such dispute shall be referred to arbitration at

the request of either Party.

3. The arbitral tribunal shall be composed of three

arbitrators. Each Party shall choose one arbitrator and the

third, who shall be the chair of the tribunal, shall be chosen

jointly by the Parties. If the tribunal is not constituted within

three months from the request for arbitration, the appointment of

the arbitrator(s) not yet designated shall be made by the

Secretary-General of the Permanent Court of Arbitration at the

request of either Party.

4. The tribunal shall apply the provisions of the present

Agreement as well as the principles and rules of international

law and its award shall be final and binding on both Parties.

Article 23

1. This Agreement shall enter into force on the date on which

the Government shall have informed the Organisation of the

completion of the domestic requirements for its entry into

force.

2. If Latvia ceases to be a party to the Convention on the

Organisation for Economic Co-operation and Development, the

present Agreement may be terminated by mutual consent or by

written notice of termination by either Party. Such written

notice of termination shall take effect no earlier than one year

after the date of receipt of the notice by the other Party.

Article 24

As from the date of its signature, and pending its entry into

force, this Agreement shall be applied on a provisional basis to

the fullest possible extent.

Done in Paris, this 5th day of May 2014, in two originals, in

the English, French and Latvian languages, each text being

authentic. In case of divergence between the texts, the English

text shall prevail.

For the Republic

of Latvia

For the Organisation for

Economic

Co-operation and Development

Edgars RINKĒVIČS

Minister for Foreign Affairs

Angel GURRÍA

Secretary-General