Chapter I. Legislative texts concerning the legal status of the United Nations and related intergovernmental organizations

  1. Finland

    (a) ACT ON THE PRIVILEGES AND IMMUNITIES OF INTERNATIONAL CONFERENCES AND SPECIAL MISSIONS

    Enacted in Helsinki on 15 June 1973' and amended on 20 December 1991

    Section 1

    This Act shall apply to intergovernmental conferences organized in Finland at the invitation or with the consent of the Government of Finland, to delegations of foreign States attending such conferences as well as to special missions of foreign States sent here with the consent of the Government of Finland and with functions mutually agreed upon by the respective States.

    The provisions of this Act, applicable to conferences, shall similarly apply to intergovernmental negotiations for the arrangement of such conferences and to secretariats and other bodies appointed to be responsible for functions related therewith.2

    Section 22

    For the purposes of this Act:

    (1) The "head of a delegation or a special mission" is the person appointed by the sending State with the duty of acting in that capacity,

    (2) The "members of a delegation" are the head of the delegation, the conference representatives, the observers and the members of the staff,

    (3) A "conference representative" is a member of a delegation appointed by the sending State to represent that State at the conference,

    (4) An "observer" is a person appointed by the sending State to follow the work of the conference,

    (5) The "members of a special mission" arc the head of the mission and the members of the staff,

    (6) The "members of the staff" arc members of the delegation or the special mission who have diplomatic status or who perform administrative or technical functions,

    (7) The "members of the conference secretariat" arc persons employed in the administrative and technical service of the conference,

    (8) The "members of the service staff" are persons in the domestic service of the delegation or the special mission,

    (9) The "private servants" are persons employed in the private domestic service of the members of the delegation or the special mission,

    (10) The "conference premises", irrespective of ownership, arc the buildings and any part thereof as well as areas in their close vicinity used for the purposes of the conference,

    (11) The "premises of the delegation or special mission", irrespective of ownership, arc the buildings and any part thereof as well as areas in their close vicinity used for the purposes of the delegation or the special mission,

    (12) The "private residence of a member of the delegation or the special mission", irrespective of ownership, is the building, apartment, part thereof or any other room used for the private accommodation of the aforementioned per-sons.

    Section 3

    Subject to the provisions of section 4, the conference premises and any documents or other property therein shall for the duration of the conference be inviolable.

    The above provisions on conference premises shall, similarly, apply to premises reserved for negotiations and functions referred to in section 1, paragraph 2.

    Section 4

    The police and other appropriate authorities shall be responsible for the inviolability of the conference premises and the security of persons therein as well as for maintaining order as agreed upon with the heads of the conference in each case or whenever there is a special reason for so doing.

    The authorities may, where appropriate, restrict the entry into and movement within the area and immediate vicinity of the conference premises of persons or vehicles lacking the required permit.

    Section 5

    The head of a foreign State, the head of the Government, the Minister for Foreign Affairs and other persons of high rank, in the capacity of head or member of a delegation or special mission, shall, in addition to what is provided in this Act, enjoy all the privileges and immunities accorded such persons by international law and custom.

    Section 6

    The premises of the delegation or special mission as well as any property therein shall be inviolable. The authorities shall not enter the said premises except with the consent of the head of the delegation or the special mission. Such consent is not required in case of fire or other comparable emergency.

    The archives and documents of the delegation or the special mission shall be inviolable wherever located.

    The premises of the delegation or special mission, their property and vehicles, irrespective of ownership, shall be immune from search, requisition, attachment and other execution measures.

    Section 7

    The sending State is, as shall be specified in decree, exempt from national or municipal taxes in respect of the premises and property of the delegation or special mission. The same exemption shall apply to all dues other than such as are charged for specific services related to the said premises and property. This

    exemption docs not apply to taxes or dues payable under Finnish law by persons who have undertaken legal transactions with the delegation or the special mission.

    The sending State shall also be exempt from customs duties and import tax and related charges in respect of articles intended for the official use of the delegation or the special mission.

    Section 8

    The delegation or special mission shall have the same right as diplomatic missions in Finland to send and receive information and messages and, for this purpose, employ all appropriate means, including couriers and messages in code or cipher.

    The delegation or special mission shall have the right to use a wireless transmitter only with the consent of the Ministry of Transport and Communications.

    Section 9

    The person or members of the delegation or the special mission and of their family members shall be inviolable.

    The private accommodation and property of the above persons shall enjoy the same inviolability as the premises and property of the delegation or special mission.

    Section 10

    The members of the delegation or the special mission shall enjoy the same immunity from criminal, civil and administrative jurisdiction and executive power as the members of diplomatic missions in Finland, unless this immunity has been waived in due order.

    The immunities referred to in paragraph I above include the right to refrain from giving evidence as a witness.

    The members of the conference secretariat and service staff who are not nationals of or permanently resident in Finland shall enjoy the immunities referred to in paragraph 1 in respect of acts performed in the course of their du-ties.

    Where Finland and a foreign State have concluded an agreement on restricting the immunities referred to in this section, such agreement shall be applicable.2

    Section II

    Members of the delegation or the special mission and their family members shall be exempt from social security obligations applicable in Finland in respect of service for the sending State. The same shall apply to members of the service staff and private servants who are not nationals of or permanently resident in Finland, provided that they arc subject to social security legislation of the sending State or a third State.

    The provisions of paragraph 1 above shall be without prejudice to any social security agreement concluded between Finland and a foreign State and shall not preclude the conclusion of such agreements in the future.2

    A decree may be issued to the effect that in special cases the members of

    a conference secretariat who are not nationals of or permanently resident in Fin-

    land shall not be subject to Finnish laws governing social security and conditions of employment.2

    Section 122

    Members of the delegation or the special mission who arc not nationals of

    or permanently resident in Finland immediately prior to their first entry in Finland in this capacity shall be exempt from all national or municipal taxes and dues in the same manner as members of the staff of diplomatic missions in Fin-land.

    The members of a conference secretariat and service staff as well as private servants who arc not nationals of or permanently resident in Finland immediately prior to concluding the contract of employment shall be exempt from national and municipal taxes in respect of income earned in that capacity.

    Section 132

    Members of the delegation or the special mission, their family members

    and members of the conference secretariat who are not nationals of or permanently resident in Finland shall be exempt from all public service and other obligations.

    Section 14

    Members of the delegation or the special mission and their family members shall be exempt from all customs duties and all import taxes and charges in the same manner as members of diplomatic missions in Finland.

    Similarly, persons referred to in paragraph I above as well as their personal baggage shall be exempt from customs inspection.

    Members of the conference secretariat who arc not nationals of or permanently resident in Finland immediately prior to concluding the contract of employment may, at the time of assuming charge of their duties, import any goods intended for their personal use exempt from customs duties, import tax or re-lated charges, provided that the goods are not sold or otherwise transferred to any other person in Finland.

    Section 15

    Members of the delegation or the special mission who are nationals of or permanently resident in Finland shall enjoy the privileges and immunities referred to in sections 9 to II, 13 and 14 exclusively in respect of acts performed in the exercise of their official duties.

    Family members of the members of the delegation or the special mission shall enjoy the privileges and immunities referred to in sections 9 to 14 only if they are not nationals of or permanently resident in Finland.

    Section 16

    The commencement and termination of the privileges and immunities referred to in this Act shall be subject to the same provisions as those governing the privileges and immunities of the members of diplomatic missions in Fin-land.

    Section 17

    The appropriate state and municipal authorities shall be responsible for ensuring...

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