Chapter II. Treaties concerning the legal status of the United Nations and related intergovernmental organizations

TREATiEs CONCERNiNg ThE LEgAL sTATUs OF ThE UNiTED NATiONs AND RELATED iNTERgOvERNmENTAL ORgANizATiONs

A. Treaties concerning the legal status of the United Nations

1. status of the Convention on the Privileges and immunities of the United Nations.* Approved by the general Assembly of the United Nations on the 13 February 1946

No States acceded to the Convention in 2009 As at 31 December 2009, there were 157 States parties to the Convention **

2. Agreements relating to missions, offices and meetings

(a) Agreement between the United Nations Organization and the Government of the United States of America concerning the establishment of security for the United Nations presence in Iraq.

New York, 31 December 2008***

Preamble

The United Nations Organization (hereinafter the “UN”) and the Government of the United States of America (hereinafter the “USG”), referred to collectively as “the Parties” and individually as “Party”;

Recalling the Agreement between the United Nations Organization and the Government of the United States of America Concerning the Establishment of Security for the United Nations Assistance Mission for Iraq done at New York on December 8, 2005 (the “2005 Agreement”);

Noting that, in accordance with its Article VI, paragraph 2, the 2005 Agreement will terminate on December 31, 2008, when the mandate for the multinational force in Iraq under United Nations Security Council resolution 1790 (2007) expires;

* United Nations, Treaty Series, vol 1, p 15 and vol 90, p 327 (corrigendum to vol 1)

** For the list of the States parties, see Multilateral Treaties Deposited with the Secretary‑General, available on the website http://treaties un org/Pages/ParticipationStatus aspx

*** Entry into force on 1 January 2009, in accordance with article VII

Recalling the letter dated 16 December 2008 from the President of the United Nations Security Council addressed to the Secretary-General of the United Nations which notes that armed forces of the United States will continue to be deployed in Iraq after that date at the request of the Government of Iraq and which welcomes the fact that, with the consent of the Government of Iraq, those forces will continue to contribute to the maintenance of security and stability in Iraq and to provide security for the UN presence in Iraq, including the United Nations Assistance Mission for Iraq (UNAMI);

Recalling the Agreement between the United States of America and the United Nations Organization Concerning the Provision of Services and Commodities on a Reimbursable Basis in Support of the Operations of the United Nations Assistance Mission in Iraq, done at New York and entered into force on December 29, 2004, as extended (“607 Agreement”);

Desiring to take steps to provide a secure environment in which the United Nations is able to fulfill its important role in supporting the efforts of the Iraqi people and Government to strengthen institutions of representative government, promote political dialogue and national reconciliation, engage neighbouring countries, assist vulnerable groups, including refugees and internally displaced persons, and promote the protection of human rights and judicial and legal reform;

Wishing for this purpose to continue to provide for security for the United Nations presence in Iraq;

Noting the commitment of the Parties in assisting the people of Iraq and promoting the maintenance of security and stability in Iraq to act in accordance with international law; and

Recognizing the sovereign State of Iraq and its democratically elected and constitutionally based Government;

Have agreed as follows:

Article I. Establishment of Security

1 For the purpose of ensuring the safety and security of UN personnel in Iraq so they can effectively perform their tasks, and subject to Article VI (1) of this Agreement, the USG shall endeavor to ensure that the security tasks described in this Agreement are undertaken to the extent that such tasks are determined by the Commander of the United States Forces in Iraq to be operationally feasible and consistent with operational requirements

2 Security surrounding designated UNAMI premises shall be established on the basis of three concentric areas of responsibility: an inner area, a middle area, and an outer area Subject to paragraph 1 of this Article, it is envisioned that establishment of security in the foregoing areas shall be based on the following understandings:

a The inner area or ring consists of designated UNAMI premises comprised of buildings and structures and the area immediately surrounding them up to and including the perimeter wall Security in this area or ring shall be the responsibility of the UN except in circumstances where UNAMI facilities are situated or operations occur within areas where inner ring security is already provided by United States Forces

b The middle area or ring consists of the area immediately surrounding and controlling access to designated UNAMI premises, including approaches to such premises

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The middle area shall in each case include one or more secure vehicle and personnel search areas located a safe distance from the perimeter wall of the concerned premises Security in this area, or ring shall be the responsibility of United States Forces or, as may be agreed between the Parties and a third State or States, and with the consent of the Government of Iraq, the forces of that third State or States United States Forces in the Outer area shall support units assigned to the middle area, as necessary United States Forces shall designate a quick reaction force for this purpose

c The outer area or ring consists of all areas of Iraq outside of the middle and inner areas The United States Forces shall coordinate with the Government of Iraq concerning security in this area

d United States Forces shall provide: security for movements of UN personnel outside of U S facilities and areas and designated UNAMI premises including security of non-UNAMI premises that UN personnel may visit in the course of their official duties (it being understood that the United States Forces shall designate a quick reaction force to support, as necessary, units of the United States Forces that are providing such security); security for UN personnel deployed to Provincial Reconstruction Team sites, including for their movements to, from, and outside those sites; security for designated airfields used by UNAMI; search and rescue services support damage survey and control support; emergency medical support, including emergency medical evacuation services; temporary emergency evacuation of UN personnel from UNAMI premises and from Provincial Reconstruction Team sites to which they are deployed; explosive device disposal services, as necessary, and hostage recovery support, when requested

e United States Forces and UNAMI shall develop and coordinate plans to address circumstances that might necessitate the temporary, emergency evacuation of personnel from UNAMI premises and from Provincial Reconstruction Team sites to which UN personnel are deployed

f United States Forces and UNAMI shall cooperate to maintain in place and operation on the arrangements that were in place on the date of termination of the 2005 Agreement for the purposes of facilitating the movement of UN personnel into and out of Iraq, including by UNAMI ensuring that UN personnel comply with applicable Iraqi laws, regulations, and implementing arrangement with respect to exit and entry from Iraq, as well as the arrangements that were then in place for the initial provision of badges to UN personnel to facilitate their entry into and movement on facilities and areas provided for the use of United States Forces and means of transport

3 Should the USG anticipate that United States Forces will not be in the position to perform a particular task set forth in this Article, or that they will only be able to do so at a substantially reduced level, because the task is not feasible operationally or is inconsistent with operational requirements, United States Forces shall, without delay, provide UNAMI with advance notification In such an event, United States Forces and UNAMI shall consult in accordance with paragraph 4 of Article III of this Agreement concerning the prioritization of security tasks in support of UNAMI

4 The UN shall take all necessary and appropriate steps to maintain, safeguard preserve, and enhance the security of all UN officials and personnel present in Iraq consistent with the tasks described herein

5 It is envisioned that the Iraqi Security Forces (“ISF”) will progressively assume responsibilities that are allocated to United States Forces under this Agreement In so far as it may occur at the initiative of either of the Parties, this assumption of responsibility will occur at such time as the United States Forces authorities, in consultation and coordination with the Government of Iraq and UNAMI, determine that the ISF can provide such security and related services and the ISF agrees to do so In the short term, it is anticipated that such assumption of responsibilities probably will occur on a case by case basis with respect to particular services at particular locations In each case, the United States Forces shall assist UNAMI in assessing ISF readiness by facilitating visits by UNAMI to relevant ISF locations and by exchanging information in accordance with Article II

6 For the purposes of this Agreement, “UN personnel” means:

a the Special Representative of the Secretary-General for Iraq (“the SRSG”), officials of the United Nations assigned to serve with and persons assigned to perform missions for UNAMI in Iraq, and members of the United Nations Guard Unit established pursuant to the Security Council’s decision of October 1, 2004; and

b officials of, and experts performing missions for, the specialized agencies and related organizations and the offices, funds and programs of the United Nations who are deployed...