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

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

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

      As at 31 December 1997, there were 137 States parties to the Convention.2

   2. AGREEMENTS RELATING TO INSTALLATIONS

      AND MEETINGS

      (a) Exchange of letters between the United Nations and the Government of India, constituting an agreement concerning the United Nations/ European Space Agency Workshop on Satellite Communications in cooperation with the Centre for Space Science and Technology Education for Asia and the Pacific, to be held in Ahmedabad, India, from 20 to 24 January 1997. Vienna, 16 and 17 January 19973

      LETTER FROM THE UNITED NATIONS

      16 January 1997

      I wish to express the gratitude of the United Nations to the Government of India for its decision to host the aformentioned Workshop. The Workshop is being organized in cooperation with the Centre for Space Science and Technology Education for Asia and the Pacific (the Centre). This Workshop is being organized to provide participants an opportunity to thoroughly examine the developments in current and future technologies in satellite communications. As you are aware, participants in this Workshop shall also include the participants attending the nine-month education programme of the Centre on communication technology scheduled to begin following the conclusion of this Workshop.

      In accordance with established practice, I should be grateful to receive your Government's acceptance of the following arrangements regarding the services to be provided for the Workshop to be held at the Centre.

1. United Nations and the European Space Agency

   1. The United Nations and the European Space Agency shall provide round-trip international air travel (economy class) to Abmedabad, India, for those participants in need among nominees from developing countries that are invited to participate in the Workshop by the United Nations.

   2. The cost of travel and per diem of up to two staff members of the Office for Outer Space Affairs of the United Nations Secretariat shall be borne by the United Nations.

   3. The cost of travel and per diem of representatives of the United Nations system shall be borne by the concerned organizations.

2. Language and participation

   1. The total number of participants will be limited to a maximum of forty.

   2. The official language of the Workshop will be English.

3. Government of India

   1. The Government in cooperation with the Centre for Space Science and Technology Education for Asia and the Pacific will act as host to the Workshop which will be held at the Centre in Ahmedabad.

   2. The Government will also designate an official of the Centre as officer for liaison with the United Nations who will make the necessary arrangements concerning the contributions described in the following paragraph.

   3. The Government will provide and defray the costs of:

   (a) Room and board for up to 40 participants from developing countries;

   (b) Appropriate premises and equipment (including duplication facilities and consumables) for holding the Workshop;

   (c) Appropriate premises for the offices and for the other working areas of the United Nations Secretariat staff responsible for the Workshop, the liaison officer and the local personnel mentioned below;

   (d) Adequate furniture and equipment for the premises referred to in (b) and (c) above to be installed prior to the start of the Workshop and maintained in good repair by appropriate personnel for the duration of the Workshop;

   (e) Amplification and audio-visual projection equipment as well as tape recorders and tapes as may be necessary and technicians to operate them for the Workshop;

   (/) The local administrative personnel required for the proper conduct of the Workshop, including reproduction and distribution of lectures and other documents in connection with the Workshop;

   (g) Communication facilities (telex, facsimile, telephone) for official use in connection with the Workshop, office supplies and equipment for the conduct of the Workshop;

   (h) Customs clearance and transportation between the port of entry and the location of the Workshop for any equipment required in connection with the Workshop;

   (/') All official transportation within India for all participants at the Work-shop;

   (/) Local transportation, including airport reception during arrival and departure for all participants at the Workshop;

   (k) Local transportation for the United Nations Secretariat staff responsible for the Workshop for official purposes during the Workshop;

   (/) Arrangements of adequate accommodations in hotels at reasonable commercial rates for persons other than those identified in (a) above and who are participating in, attending or servicing the Workshop, at the expense of these same persons;

   (m) The services of a travel agency to confirm or make new bookings for the departure of participants upon the conclusion of the Workshop;

   (n) Medical facilities for first aid in emergencies within the area of the Workshop. For serious emergencies, the Government shall ensure immediate transportation and admission to a hospital; and

   (o) Security protection as may be required to ensure the well-being of all participants in the Workshop and the efficient functioning of the Workshop free from interference of any kind.

4. Privileges and immunities

   I further wish to propose that the following terms shall apply to the Work-shop:

   1. (a) The Convention on the Privileges and Immunities of the United Nations (1946) ratified by India on 13 May 1948 shall be applicable in respect of the Workshop. The participants invited by the United Nations shall enjoy the privileges and immunities accorded to experts on mission for the United Nations under article VI of the Convention. Officials of the United Nations participating in or performing functions in connection with the Workshop shall enjoy the privileges and immunities provided under articles V and VII of the Convention. Officials of the specialized agencies participating in the Workshop shall be accorded the privileges and immunities provided under articles VI and VIII of the Convention on the Privileges and Immunities of the Specialized Agencies (1947).

      (¿») Without prejudice to the provisions of the Convention on the Privileges and Immunities of the United Nations, all participants and persons performing functions in connection with the Workshop shall enjoy such privileges and immunities, facilities and courtesies as are necessary for the independent exercise of their functions in connection with the Workshop.

      (c) Personnel provided by the Government of India pursuant to this Agreement shall enjoy immunity from legal process in respect of words spoken or written and any act performed by them in their official capacity in connection with the Workshop.

   2. All participants and all persons performing functions in connection with the Workshop shall have the right of unimpeded entry into and exit from India. Visas and entry permits, where required, shall be granted free of charge. When applications are made four weeks before the opening of the Workshop, visas shall be granted not later than two weeks before the opening of the Workshop. If the

      application is made less than four weeks before the opening, visas shall be granted as speedily as possible and not later than three days before the opening.

   3. It is further understood that your Government will be responsible for dealing with any action, claim or other demand against the United Nations arising out of:

      (i) Injury or damage to person or property in conference or office premises provided for the Workshop;

      (ii) The transportation provided by your Government;

      (iii) The employment for the Workshop of personnel provided or arranged by your Government;

      and your Government shall hold the United Nations and its personnel harmless in respect of any such action, claim or other demand.

   4. Any dispute concerning the interpretation or implementation of these terms except for a dispute subject to the appropriate provisions of the Convention on the Privileges and Immunities of the United Nations or of any other applicable agreement, shall, unless the parties otherwise agree, be submitted to a tribunal of three arbitrators, one of whom shall be appointed by the Secretary-General of the United Nations, one by the Government, and the third, who shall be the chairman, by the other two arbitrators. If either party does not appoint an arbitrator within three months of the other party having notified the name of its arbitrator or if the first two arbitrators do not within three months of the appointment or nomination of the second one of them appoint the chairman, then such arbitrator shall be nominated by the President of the International Court of Justice at the request of either party to the dispute. Except as otherwise agreed by the parties, the tribunal shall adopt its own rules of procedure, provide for the reimbursement of its members and the distribution of expenses between the parties, and take all decisions by a two-thirds majority. Its decisions on all questions of procedure and substance shall be final and, even if rendered in default of one of the parties, be binding on both of them.

      I further propose that upon receipt of your confirmation in writing of the above, this exchange of letters shall constitute an agreement between the United Nations and the Government of India regarding the provision of host facilities by your Government for the Workshop.

      (Signed) Giorgio GlACOMELLl Director-General

      United Nations Office at Vienna

      II

      LETTER FROM THE PERMANENT REPRESENTATIVE OF INDIA TO THE UNITED NATIONS AT VIENNA

      17 January 1997

      My dear Director-General,

      I have the honour to acknowledge the receipt of your letter of 16 January 1997, addressed to Ambassador of India H.E. Mr. Kiran Kumar Doshi regarding the subject mentioned above.

      I would like to confirm the...