Chapter II. Treaty provisions concerning the legal status of the United Nations and related inter-governmental organizations

Chapter II

TREATY PROVISIONS CONCERNING THE LEGAL STATUS OF THE UNITED NATIONS AND RELATED INTER-GOVERNMENTAL ORGANIZATIONS

1. Treaty provisions concerning the legal status of the United Nations

   1. CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS.x APPROVED BY THE GENERAL ASSEMBLY OF THE UNITED NATIONS ON 13 FEBRUARY 1946

      The following States acceded to the Convention on the Privileges and Immunities of the United Nations in 1969:2 Date of receipt

      of instrument

      State of accession

      Lesotho 26 November 1969

      Mauritius 18 July 1969 d3

      This brought up to 101 the number of States parties to the Convention.

   2. AGREEMENTS RELATING TO MEETINGS AND INSTALLATIONS

      Agreement between the United Nations and the United States of America regard-ing the Headquarters of the United Nations. Signed at Lake Success on 26 June 19474

      Second Supplemental Agreement5 between the United Nations and the United

      States of America regarding the Headquarters of the United Nations. Signed at New York on 28 August 1969

      The United Nations and the United States of America,

      Considering that the office space available within the Headquarters District, as defined in Annex 1 of the Agreement Regarding the Headquarters of the United Nations signed

      1 United Nations, Treaty Series, vol. 1, p. 15.

      2 The Convention is in force with regard to each State which deposited an instrument of accession with the Secretary-General of the United Nations, as from the date of its deposit.

      3 The symbol d immediately following the date appearing opposite the name of a State denotes a declaration by that State recognizing itself bound, as from the date of its independence, by the Convention, the application of which had been extended to its territory by a State then responsible for the conduct of its foreign relations. The date shown is the date of receipt by the Secretary-General of the notification to that effect.

      4 United Nations, Treaty Series, vol. 11, p. 12.

      5 Came into force on the date of signature.

      at Lake Success on 26 June 1947, and that referred to in the Supplemental Agreement of

      9 February 1966 e as amended by the Exchange of Notes of 8 December 1966,7 are inadequate and it has become necessary for units of the Secretariat of the United Nations to be provided with other premises outside the areas so delineated;

      Considering that, for this purpose, the United Nations has acquired leases of certain office space in the Chrysler Building, 666 Third Avenue and in the building at 485 Lexington Avenue in the Borough of Manhattan, City of New York;

      Considering that it is desirable that, with respect to those premises, the United Nations, officials of the United Nations, and representatives of the Members of the United Nations be accorded the necessary privileges and immunities as envisaged in Article 105 of the Charter of the United Nations and in the Headquarters Agreement; and

      Desiring to conclude a Second Supplemental Agreement, in accordance with Section l(a) of the Headquarters Agreement, in order to include those premises within the Headquarters District;

      Have agreed as follows:

      Article I

      The Headquarters District, within the meaning of Section l(o) of the Agreement between the United States of America and the United Nations regarding the Headquarters of the United Nations, signed at Lake Success on 26 June 1947, shall include, in addition to the area defined in Annex 1 to that Agreement and to those referred to in the Supplemental Agreement, as amended, as aforesaid, the following premises:

   1. The entire second floor of the Chrysler Building located at 666 Third Avenue,

      New York City. Said premises shall include all offices, rooms, halls and corridors on the said second floor, but shall not include any stairways and elevators giving public access to other floors.

   2. The entire twenty-second and twenty-third floors of the building at 485 Lexington

      Avenue, New York City. Said premises shall include all offices, rooms, halls and corridors on the said twenty-second and twenty-third floors but shall not include any stairways and elevators giving public access to other floors.

   3. Any additional floor space in either building described in 1 and 2 above, provided that approval through an exchange of notes between the United Nations Secretary-General and the United States Permanent Representative to the United Nations has been obtained to the inclusion of such additional space in the Headquarters District. Extension of the Headquarters Agreement to such additional space will be effective on the date the United Nations takes possession or the date of the exchange of notes, whichever is later.

      Article II

      The Secretary-General of the United Nations shall notify the Permanent Representative of the United States to the United Nations immediately should any of the premises described in Article I, or any part of such premises, cease to be used for offices by the Secretariat of the United Nations. Such premises, or such part thereof, shall cease to be a part of the Headquarters District from the date of such notification.

      e Juridical Yearbook, 1966, p. 27.

      7 Ibid., p. 29.

      16

      Article III

      This Second Supplemental Agreement shall enter into force upon its signature.

      IN WITNESS WHEREOF the respective representatives have signed this Second Supple-mental Agreement.

      DONE in duplicate, in the English language, at New York this twenty-eighth day of August, 1969.

      For the Government of the For the United Nations United States of America

      Charles W. YOST U THANT

      Permanent Representative of the Secretary-General United States of America

      to the United Nations

   3. AGREEMENTS RELATING TO THE UNITED NATIONS CHILDREN'S

      FUND: REVISED MODEL AGREEMENT CONCERNING THE ACTIVITIES OF UNICEF8

      Article VI

      Claims against UNICEF

      [See Juridical Yearbook, 1956, pp. 31 and 32]

      Article VII

      Privileges and immunities

      [See Juridical Yearbook, 1965, p. 32]

      {a) Agreements between UNICEF and the Governments of Ceylon, Jordan, Guyana, Southern Yemen and Kuwait concerning the activities of UNICEF 9.

      Signed respectively at Colombo on 27 January 1969, at Amman on 24 March 1969, at Georgetown on 2 July 1969, at Al-Cha'ab on 26 July 1969, and at Kuwait on 26 January 1969

      These agreements contain articles similar to articles VI and VII of the revised model agreement.

      (b) Agreement between UNICEF and Singapore concerning the activities of UNICEF.10 Signed at Bangkok on 8 July 1969 and at Singapore on 31 July 1969

      This agreement contains articles similar to articles VI and VII of an earlier version

      of the revised model agreement (see Juridical Yearbook, 1963, p. 26).

      (c) Agreement between UNICEF and Uruguay concerning the activities of UNICEF.11 Signed at Montevideo on 18 December 1956

      8 Revised January 1968.

      a Came into force respectively on 27 January 1969, 24 March 1969, 2 July 1969, 26 July 1969 and 13 August 1969.

      10 Came into force on 31 July 1969.

      11 Came into force on 18 January 1969.

      Article VII

      Immunity from taxation

1. The Fund, its assets, property income and its operations and transactions of whatsoever nature, shall be immune from all taxes, fees, tolls, or duties imposed by the Government or by any political sub-division thereof or by any other public authority in Uruguay. The Fund shall also be immune from the liability for the collection or payment of any tax, fee, toll, or duty imposed by the Government or any political sub-division thereof or by any other public authority.

2. No tax, fee, toll, or duty shall be levied by the Government or any political subdivision thereof or any other public authority on or in respect of salaries or remunerations for personal services paid by the Fund to its officers, employees, or other Fund personnel who are not subjects of Uruguay or permanent residents thereof.

3. The Government shall take such action as is necessary for the purpose of giving effect to the foregoing provisions of this article. In addition, the Government shall take whatever other action may be necessary to ensure that supplies and services furnished by the Fund are not subjected to any tax, fee, toll, or duty in a manner which reduces the resources of the Fund.

4. The Government shall undertake to pay all taxes, fees, tolls, or duties referred to in the above three paragraphs of this article if its laws do not allow such exceptions.

   Article VIII

   Claims against the Fund

1. The Government shall assume full responsibility in respect to any claim asserted against the Fund, its employees and agents, arising in Uruguay in connection with any assistance which has been provided or may be provided by the Fund at the Government's request. The Government shall defend, at its own cost, the Fund, its employees and agents with respect to any such claim. In the event that the Government makes any payment under the terms of this article, the Government shall be entitled to exercise all the rights, claims and interest which the Fund could have exercised against third parties.

2. This article shall not apply with respect to any claim against the Fund for injuries incurred by a staff member of the Fund.

   Article IX

   Privileges and immunities

   Until such time as the Government of the Republic of Uruguay ratifies the Convention on the Privileges and Immunities of the United Nations and the Convention on the Privileges and Immunities of the Specialized Agencies, the Government will extend to the Fund, its experts and employees, the privileges and immunities provided for in these Conventions.

   4. AGREEMENTS RELATING TO THE TECHNICAL ASSISTANCE SECTOR OF THE UNITED NATIONS DEVELOPMENT PROGRAMME: REVISED STANDARD AGREEMENT CONCERNING TECHNICAL ASSISTANCE12

      Article I

      Furnishing of technical assistance

   6. [See Juridical Yearbook, 1967, p. 73]

      Article V

      Facilities, privileges and immunities [See Juridical Yearbook, 1963, pp. 27 and 28]

      (a) Revised Standard agreements between the United Nations, the ILO, FAO, UNESCO, ICAO, WHO, ITU, WMO, IAEA, UPU, IMCO and UNIDO, and the Governments of Southern Yemen, Equatorial...