Article 18 Verdrag tussen het Koninkrijk der Nederlanden en de Organisatie voor het Verbod van Chemische Wapens (OVCW) betreffende de zetel van de OVCW
1 Officials of the OPCW shall enjoy within and with respect to the Kingdom of the Netherlands the following privileges and immunities:
(a) immunity from arrest or detention and from inspection or seizure of their official baggage, to the extent provided under subparagraphs 2(c) and 2(d) of this Article;
(b) immunity from legal process of any kind in respect of words spoken or written, and of acts performed by them, in their official capacity; such immunity to continue although the persons concerned may have ceased to be officials of the OPCW; in any event, such immunity, as well as any immunity provided under subparagraphs 2(c) and 2(d) of this Article, shall not extend to civil action by a third party for damage arising from an accident caused by a motor vehicle belonging to, driven by or operated on behalf of an official of the OPCW or in respect of a motor traffic offence involving such vehicle;
(c) exemption from taxation in respect of the salaries, emoluments, pay and indemnities paid to them, directly or indirectly, in respect of their employment with the OPCW; the Government shall not take income so exempted into account when assessing the amount of tax to be applied to income from other sources;
(d) exemption, with respect to themselves, their spouses, their dependent relatives and other members of their households, from immigration restrictions and alien registration;
(e) exemption, with respect to themselves, their spouses, their dependent relatives and other members of their households, from national service obligations, provided that, with respect to citizens of the Kingdom of the Netherlands, such exemption shall be confined to officials whose names have, by reason of their duties, been placed upon a list compiled by the Director-General and approved by the Government; provided further that should officials other than those listed, who are citizens of the Kingdom of the Netherlands, be called up for national service, the Government shall, upon request of the Director-General, grant such temporary deferments in the call-up of such officials as may be necessary to avoid interruption of the essential work of the OPCW;
(f) freedom to acquire or maintain within the Kingdom of the Netherlands or elsewhere foreign securities, foreign currency accounts and other movable and, under the same conditions applicable to citizens of the Kingdom of the Netherlands, immovable property; and at the termination of their employment with the OPCW the right to take out of the Kingdom of the Netherlands through authorised channels without prohibition, or restriction, their funds;
(g) the same protection and repatriation facilities with respect to themselves, their spouses, their dependent relatives and other members of their households as are accorded in time of international crisis to members, having comparable rank, of the staff of diplomatic missions established in the Kingdom of the Netherlands.
2 In addition to the privileges and immunities specified in paragraph 1 of this Article:
(a) the Director-General shall be accorded the privileges and immunities, exemptions and facilities accorded to heads of diplomatic missions accredited to the Government in accordance with the Vienna Convention;
(b) the Deputy Directors-General shall also be accorded the privileges and immunities, exemptions and facilities accorded to heads of diplomatic missions accredited to the Government in accordance with the Vienna Convention;
(c) officials having the professional grade of P-5 and above, and such additional categories of officials as may be designated, in agreement with the Government, by the Director-General, in consultation with the Executive Council, on the grounds of the responsibilities of their positions in the OPCW, shall be accorded the same privileges and immunities, exemptions and facilities as the Government accords to diplomatic agents of comparable rank of the diplomatic missions established in the Kingdom of the Netherlands, in conformity with the Vienna Convention;
(d) officials having the grade of P-4 and below shall be accorded the same privileges and immunities, exemption and facilities as the Government accords to members of the administrative and technical staff of the diplomatic missions established in the Kingdom of the Netherlands, in conformity with the Vienna Convention, provided that the immunity from criminal jurisdiction and personal inviolability shall not extend to acts performed outside the course of their official duties;
(e) inspectors on mission shall be permitted to leave and enter the territory of the Kingdom of the Netherlands, by whatsoever means of transportation, with their equipment and with samples. The appropriate authorities of the Kingdom of the Netherlands shall provide them, where appropriate, with priority treatment and priority luggage handling with regard to customs and security controls. The transport of toxic chemicals shall comply with the rules and regulations of the Kingdom of the Netherlands concerning the handling of such articles.
3 Officials of the OPCW who are Netherlands citizens or permanently resident in the Kingdom of the Netherlands shall enjoy the privileges and immunities, exemptions and facilities accorded by this Agreement to the extent recognised by international law, provided, however, that Article 22, paragraph 1 and Article 18, subparagraph 1(a) regarding their official baggage, and subparagraphs 1(b), 1(c) and 1(e) of this Agreement, shall, in any event, apply to them.
- Regeling
- Verdrag tussen het Koninkrijk der Nederlanden en de Organisatie voor het Verbod van Chemische Wapens (OVCW) betreffende de zetel van de OVCW
- Soort
- Verdrag
- Geldend vanaf
- 07-06-1997
- BWB-id
- BWBV0001293
- Versie
- 1997-06-07_0