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

• Pages: 5-105

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ChapterII

TREATIES CONCERNING THE LEGAL STATUS

OF THE UNITEDNATIONS AND RELATED

INTERGOVE RNMEN TAL ORGA NIZATIONS *

A. T    

  UN

1. Status of the Convention on the Privileges and Immunities

of the UnitedNations. Approved by the General Assembly of the

UnitedNations on 13 February 1946**

In 2014, no States acceded to the Convention. As at 31 December 2014, there were

160States parties to the Convention.***

2. Agreements relating to missions, oces andmeetings

(a) Agreement between the Organisation for the Prohibition of Chemical

Weapons (OPCW), the UnitedNations and the Government of the Syrian Arab

Republic concerning the status of the Joint OPCW–UnitedNations Mission for

the Elim ination of Syrian Chem ical Weapons.

Damascus, 5 Februar y 2014****

Without prejudice to the sovereignty of the Syria n ArabRepublic;

Further to the proposals made by the Organisation for the Prohibition of Chemical

Weapons (hereinaer “the OPCW”) and the UnitedNations i n their letters of 16 October

2013, 13 November 2013, 10 January 2014 and 23 January2014;

And in order to ensure the timely, safe and sec ure conduct of the mandate set out in

decision EC-M-33/DEC.1 of the Executive Council of the OPCW, dated 27 September 2013,

and UnitedNations Security Council resolution 2118 (2013), adopted on 27 September

2013, and any subsequent decision or resolution of the relevant organs of the OPCW or

* In light of the large number of treat ies concluded, only a sele ction of the releva nt treaties is

reproduced herein.

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

*** For the list of States par ties to the Convention , see Multilateral Treaties Deposited with the

Secretary-Ge neral, available on the website htt p://treaties.un.org.

**** Entered int o force provisionally on 5 February 2014 by signat ure and denit ively on 7 April

2014, in accordance with the pr ovisions of article 59.

      

the UnitedNations relevant to, and relating specically to, t he elimination of the Syr ian

chemical weaponsprogram me;

Noting that the foregoing constitute s an integral part of thisAg reement;

e OPCW, the UnitedNations and the Syrian Arab Republic (hereina er “theParties”)

have agreed on thefollowing:

I. D 

1. For the purpose of the present Agreement the follow ing denitions shallapply:

(a) “Joint Mission” means the Joint OPCW–UnitedNations Mission established by

the Director-General of the OPCW and the Secretar y-General of the UnitedNations to

implement OPCW Executive Council deci sion EC-M-33/DEC.1, dated 27 September 2013,

and UnitedNations Security Council resolution 2118 (2013), adopted on 27 September

2013, and any subsequent decision or resolution of the relevant organs of the OPCW or

the UnitedNations relevant to, and relating specically to, t he elimination of the Syr ian

chemical weapons programme. Subject to the normal liquidations period and subject to

the completion of Syria’s obligations under the aforementioned decisions and resolutions

within the  rst half of 2014, all Joint Mission personnel and assets should be out of the

Syrian Arab Republ ic three months following completion of its mandate. All references to

the “Joint Mission” shall be understood to i nclude the following integral partst hereof.

(i) e “Special Coordinator” appointed by the Secretar y-General of the

UnitedNations, in consultation wit h the Director-General of the OPCW.

Any reference to the Special Coordi nator in this Agreement shall, except i n

paragraph26 below, include any member of the Joint Mission to whom he

or she delegates a specied func tion or authority. It shall also include, i n-

cluding in parag raph26 below, any member of the Joint Mission whom the

Secretary-General of the UnitedNations may designate as acting Special

Coordinator, successor or designated assign, i n the event of the death, res-

ignation or incapacity of the Spec ial Coordinator.

(ii) An “OPCW Component” consisting of the OPCW ocials and of other

persons assigned by the Direc tor-General of the OPCW to carry out the

activities under the Convention on the Prohibition of the Development,

Production, Stockpiling a nd Use of Chemical Weapons and on their

Destruction (hereina er the “Chemical Weapons Convention”), and as

provided in OPCW Executive Counci l Decision EC-M-33/DEC.1 and

UnitedNations Security Cou ncil resolution2118 (2013);

(iii) A “UN Component” consisting of United Nations ocials and of other

persons assigned by the Secret ary-General of the UnitedNations to serve

with the Joint Mission or assist t he Special Coordinator.

e Joint Mission may act through either: (i) the UN Component; (ii) the OPCW

Component or (iii) jointly through the Special C oordinator and/or both Components and

shall include personnel, ser vices, equipment, provisions, supplies, materia ls or other goods,

including spare par ts and means of transport, includ ing vehicles, aircra and vessels pro-

vided by contributing States or organ izations to the Joint Mission or for the JointMission;

  

(b) A “member of the Joint Mission” means the Special C oordinator and any mem-

ber of the OPCW or UN Components of the JointMission;

(c) “ e Government” means the Government of the Syria n ArabRepublic;

(d) “e territory” means t he territory of the Syrian ArabRepublic;

(e) A “contributing State or organization” means a Member State of the

UnitedNations which is a State Party to t he Chemical Weapons Convention or an organi-

zation providing personnel, equipment, ser vices, provisions, supplies, materials or other

goods, including spare pa rts and means of transport, i ncluding vehicles, aircra and ves-

sels, to the Joint Mission or for the JointMission;

(f) “e Chem ical Weapons Convention” means the Convention on the Prohibition

of the Development, Production, Stockpiling a nd Use of Chemical Weapons and on their

Destruction, adopted on 3 September 1992 , to which the Syrian Arab Republic is aPar ty;

(g) “e UN General Convention” means the Convention on the Privi leges and

Immunities of the UnitedNations adopted by the Genera l Assembly of the UnitedNations

on 13 February 1946, to which the Sy rian Arab Republic is aParty ;

(h) “Contractors” means persons, ot her than members of the Joint Mission, en-

gaged by the UnitedNations or the OPCW, including juridica l as well as natural persons

and their employees and subcontractors, to perform services for the United Nations, the

OPCW or the Joint Mission and/or to supply equipment, provisions, supplies, materials

or other goods, including spa re parts and means of transport, i n support of the activities

of the Joint Mission. Such contractors shal l not be considered third party beneciaries to

thisAgreement;

(i) “Vehicles” means civil ian and military vehicles in us e by the UnitedNations or

the OPCW and operated by members of the Joint Mission, contribut ing States or contrac-

tors in support of OPCW or UnitedNationsactivities ;

(j) “Aircra” means civilia n and militar y aircra in use by the UnitedNations or

OPCW and operated by members of the Joint Mission, contributi ng States or contractors

in support of Joint Missionactivit ies;

(k) “Vessels” means civilian and mi litary vessels in use by the UnitedNations or

OPCW and operated by members of the Joint Mission, contributi ng States or contractors

in support of Joint Missionactivit ies.

II. A    A

2. Unless specica lly provided otherwise, the provisions of the present Agreement

and any obligation underta ken by the Government and any privilege, immunity, facility

or concession granted to the Joint Mission or to any member thereof or to contractors

thereunder shall apply in t he Syrian Arab Republic only.

III. A   UN G C

3. e Joint Mission, its property, funds a nd assets, and its members shall enjoy the

privileges and immunities specied in t he present Agreement, as well as those provided

for in the UN General C onvention without prejudice to any privileges and immunit ies that

may be conferred to the OPCW Component under the Chemica l Weapons Convention.