TREATIES CONCERNING THE LEGAL STATUS OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANIZATIONS
Treaties concerning the legal status of the United Nations
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
No States acceded to the Convention in 2011. As at 31 December 2011, there were 158 States parties to the Convention.** **
Agreements relating to missions, offices and meetings
Agreement between the Republic of Austria and the International Bank for Reconstruction and Development, the International Finance Corporation and the Multilateral Investment Guarantee Agency regarding the establishment of liaison offices in Vienna. Washington, 21 July 2010.*** ***
The Republic of Austria, on the one side, and the International Bank for Reconstruction and Development (IBRD), the International Finance Corporation (IFC) and the Multilateral Investment Guarantee Agency (MIGA) (together, hereinafter referred to as the “Organizations”), on the other side;
Having regard to
(i) the Articles of Agreement of the International Bank for Reconstruction and Development of 27 December 1945, as amended with effect of 16 February 1989, which include Article VII on IBRD’s status, immunities and privileges;
* * 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.
*** *** Entered into force on 1 February 2011 in accordance with article 22.
(ii) the Articles of Agreement of the International Finance Corporation of 25 May 1955, as amended with effect of 28 April 1993, which include Article VI on IFC’s status, immunities and privileges; and
(iii) the Convention establishing the Multilateral Investment Guarantee Agency of 11 October 1985, which includes Chapter VII on MIGA’s privileges and immunities (together, hereinafter referred to as “instruments establishing the Organizations”);
Having regard to the Convention on the Privileges and Immunities of the Specialized Agencies of 21 November 1947,* to which the Republic of Austria became a party as of 21 July 1950 with respect to Annex VI concerning the IBRD,** as of 10 November 1959, with respect to Annex XIII concerning the IFC;*** and also to the MIGA Convention**** which was ratified by the Republic of Austria on September 17, 1997;
Noting that the Organizations have established or may establish a liaison office or offices in Vienna;
Desiring to define the status, privileges and immunities of such liaison office or offices in the Republic of Austria and to enable the liaison office or offices to fulfill its purposes and functions;
Have agreed as follows:
Article 1. Definitions
For the purpose of this Agreement:
(a) “Austrian authorities” means such federal, state, municipal or other authorities in the Republic of Austria as may be appropriate in the context, and in accordance with the laws and customs applicable in the Republic of Austria;
(b) “organizations” means the International Bank for Reconstruction and Development, the International Finance Corporation and the Multilateral Investment Guarantee Agency;
(c) “office” means the liaison office or offices of the Organizations in the Republic of Austria;
(d) “resident Representative” means the head of the Office for each of the Organizations;
(e) “staff Members of the Office” means all staff members of the Office except those who are both locally recruited and assigned to hourly rates;
(f) “officials of the Office” means all Staff Members of the Office including all persons serving with a Government or an international organization and seconded to work at the Office;
(g) “official activities” means any activities necessary for carrying out the purpose of the Organizations as set forth in the instruments establishing the Organizations; and
* United Nations, Treaty Series, vol. 33, p. 261.
** Ibid., vol. 33, p. 300.
*** Ibid., vol. 327, p. 326.
**** Ibid., vol. 1508, p. 100.
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(h) “official visitors” means representatives of Governments and international organizations co-operating with the Organizations as well as other participants in meetings of the Organizations, invited by the Office.
Article 2. Legal Personality
The Republic of Austria recognizes the international juridical personality of the Organizations, deriving from the instruments establishing the Organizations, and their legal capacity within Austria, in particular their capacity:
(a) to contract;
(b) to acquire and dispose of immovable and movable property;
(c) to institute and respond to legal proceedings; and
(d) to take such other action as may be necessary or useful for their purpose and activities.
Article 3. Seat
(1) The seat of the Office shall comprise the land, installations and offices that the Office occupies for its activities. Its area shall be defined by common understanding between the Organizations and the Government of the Republic of Austria.
(2) Any building in or outside Vienna used with the agreement of the Government for meetings convened by the Office shall be deemed temporarily to form part of the seat precinct.
Article 4. Inviolability of the Seat
(1) The seat of the Office shall be inviolable. No officer or official of the Republic of Austria, or other person exercising any public authority within the Republic of Austria, may enter the seat to perform any duties except with the consent of, and under conditions approved by, the Resident Representative. However, in the event of fire or other such emergency, such consent shall be deemed to have been given if immediate protective measures are required.
(2) Except as otherwise provided in this Agreement and subject to the right of the Organizations to make regulations including employment rules and policies governing Officials of the Organizations, the laws of the Republic of Austria shall apply within the seat.
(3) Legal instruments issued by Austrian authorities may be served upon each of the Organizations through their respective representatives at the seat premises.
Article 5. Immunity from Jurisdiction and Other Actions
(1) The Organizations shall have immunity from jurisdiction and enforcement, except:
(a) to the extent that the Organizations shall have expressly waived such immunity in a particular case; and
(b) in cases arising out of or in connection with the exercise of their powers to issue or guarantee securities on the territory of the Republic of Austria.
(2) Without prejudice to paragraphs (1) and (3), the property and assets of the Organizations, wherever situated, shall be immune from any form of seizure, confiscation, expropriation and sequestration.
(3) The property and assets of the Organizations shall also be immune from any form of administrative or provisional judicial restraint.
Article 6. Inviolability of Archives
The archives of the Organizations shall be inviolable.
Article 7. Protection of the Seat Premises
The Austrian authorities shall exercise due diligence to ensure that the tranquillity of the seat is not disturbed by any person or group of persons attempting unauthorized entry into the seat.
Article 8. Public Services in the Seat Premises
The Republic of Austria shall take all appropriate measures to ensure that the seat is supplied with the necessary public services on equitable terms.
Article 9. Communications
(1) The Republic of Austria shall ensure that the Organizations are able to send and receive communications in connection with their official activities without censorship or other interference.
(2) The Organizations shall enjoy in the Republic of Austria, for their official communications and the transfer of all their documents, treatment not less advantageous to the Organizations than the most favourable treatment accorded by the Republic of Austria to any international organization, in the matter of priorities, rates and surcharges on mail, cables, radiogrammes, telefax, telephone and other forms of communication.
(3) The Organizations shall have the right to use codes and to dispatch and receive correspondence by courier or in sealed bags, which shall have the same immunities and privileges as diplomatic couriers and bags. If the Organizations so request, the Republic of Austria will, at no cost to the Organizations, provide the necessary permits, licenses or other authorizations to enable the Office to connect to, and to utilize fully, the World Bank Group’s private telecommunications network.
Article 10. Freedom from Taxation and Customs Duties
(1) The Organizations and their property shall be exempt from all forms of taxation.
(2) Indirect taxes included in the price of goods or services supplied to the Organizations since 1 August 2007, including leasing and rental charges, shall be refunded to the Organizations insofar as Austrian law makes provision to that effect for foreign diplomatic missions.
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(3) All transactions to which one of the Organizations is a party and all documents recording such transactions shall be exempt from all taxes, recording charges and court fees.
(4) Goods, including motor vehicles and spare parts thereof, imported or exported by the Organizations, required for their official activities, shall be exempt from customs duties and other charges provided these are not simply charges for public utility services, and from economic prohibitions and restrictions on imports and exports. The Republic of Austria shall issue for each vehicle of the Office a diplomatic license plate by which it can be identified as an official vehicle of an international organization.
(5) Goods imported in accordance with paragraph (4) shall not be ceded or transferred by the Organizations to third parties in the Republic of Austria within two years of their...