Selected Decisions and Selected Documents of the International Monetary Fund
Chapter

B. United Nations Convention on the Privileges and Immunities of the Specialized Agencies and Annex V1

Author(s):
International Monetary Fund
Published Date:
July 2002
Share
  • ShareShare
Show Summary Details

Whereas the General Assembly of the United Nations adopted on 13 February 1946 a resolution contemplating the unification as far as possible of the privileges and immunities enjoyed by the United Nations and by the various specialized agencies; and

Whereas consultations concerning the implementation of the aforesaid resolution have taken place between the United Nations and the specialized agencies;

Consequently, by resolution 179(II) adopted on 21 November 1947, the General Assembly has approved the following Convention, which is submitted to the specialized agencies for acceptance and to every Member of the United Nations and to every other State member of one or more of the specialized agencies for accession.

Article I Definition and Scope

Section 1

In this Convention:

  • (i) The words “standard clauses” refer to the provisions of Articles II to IX.

  • (ii) The words “specialized agencies” mean:

    • (a) The International Labour Organisation;

    • (b) The Food and Agriculture Organization of the United Nations;

    • (c) The United Nations Educational, Scientific and Cultural Organization;

    • (d) The International Civil Aviation Organization;

    • (e) The International Monetary Fund;

    • (f) The International Bank for Reconstruction and Development;

    • (g) The World Health Organization;

    • (h) The Universal Postal Union;

    • (i) The International Telecommunication Union; and

    • (j) Any other agency in relationship with the United Nations in accordance with Articles 57 and 63 of the Charter.

  • (iii) The word “Convention” means, in relation to any particular specialized agency, the standard clauses as modified by the final (or revised) text of the annex transmitted by that agency in accordance with Sections 36 and 38.

  • (iv) For the purposes of Article III, the words “property and assets” shall also include property and funds administered by a specialized agency in furtherance of its constitutional functions.

  • (v) For the purposes of Articles V and VII, the expression “representatives of members” shall be deemed to include all representatives, alternates, advisers, technical experts and secretaries of delegations.

  • (vi) In Sections 13, 14, 15 and 25, the expression “meetings convened by a specialized agency” means meetings: (1) of its assembly and of its executive body (however designated), and (2) of any commission provided for in its constitution; (3) of any international conference convened by it; and (4) of any committee of any of these bodies.

  • (vii) The term “executive head” means the principal executive official of the specialized agency in question, whether designated “Director-General” or otherwise.

Section 2

Each State party to this Convention in respect of any specialized agency to which this Convention has become applicable in accordance with Section 37 shall accord to, or in connexion with, that agency the privileges and immunities set forth in the standard clauses on the conditions specified therein, subject to any modification of those clauses contained in the provisions of the final (or revised) annex relating to that agency and transmitted in accordance with Sections 36 or 38.

Article II Juridical Personality

Section 3

The specialized agencies shall possess juridical personality. They shall have the capacity (a) to contract, (b) to acquire and dispose of immovable and movable property, (c) to institute legal proceedings.

Article III Property, Funds and Assets

Section 4

The specialized agencies, their property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except in so far as in any particular case they have expressly waived their immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution.

Section 5

The premises of the specialized agencies shall be inviolable. The property and assets of the specialized agencies, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.

Section 6

The archives of the specialized agencies, and in general all documents belonging to them or held by them, shall be inviolable, wherever located.

Section 7

Without being restricted by financial controls, regulations or moratoria of any kind:

  • (a) The specialized agencies may hold funds, gold or currency of any kind and operate accounts in any currency;

  • (b) The specialized agencies may freely transfer their funds, gold or currency from one country to another or within any country and convert any currency held by them into any other currency.

Section 8

Each specialized agency shall, in exercising its rights under Section 7 above, pay due regard to any representations made by the Government of any State party to this Convention in so far as it is considered that effect can be given to such representations without detriment to the interests of the agency.

Section 9

The specialized agencies, their assets, income and other property shall be:

  • (a) Exempt from all direct taxes; it is understood, however, that the specialized agencies will not claim exemption from taxes which are, in fact, no more than charges for public utility services;

  • (b) Exempt from customs duties and prohibitions and restrictions on imports and exports in respect of articles imported or exported by the specialized agencies for their official use; it is understood, however, that articles imported under such exemption will not be sold in the country into which they were imported except under conditions agreed to with the Government of that country;

  • (c) Exempt from duties and prohibitions and restrictions on imports and exports in respect of their publications.

Section 10

While the specialized agencies will not, as a general rule, claim exemption from excise duties and from taxes on the sale of movable and immovable property which forms part of the price to be paid, nevertheless when the specialized agencies are making important purchases for official use of property on which such duties and taxes have been charged or are chargeable, States parties to this Convention will, whenever possible, make appropriate administrative arrangements for the remission or return of the amount of duty or tax.

Article IV Facilities in Respect of Communications

Section 11

Each specialized agency shall enjoy, in the territory of each State party to this Convention in respect of that agency, for its official communications, treatment not less favourable than that accorded by the Government of such State to any other Government, including the latter’s diplomatic mission, in the matter of priorities, rates and taxes on mails, cables, telegrams, radiograms, telephotos, telephone and other communications, and press rates for information to the press and radio.

Section 12

No censorship shall be applied to the official correspondence and other official communications of the specialized agencies.

The specialized agencies 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.

Nothing in this section shall be construed to preclude the adoption of appropriate security precautions to be determined by agreement between a State party to this Convention and a specialized agency.

Article V Representatives of Members

Section 13

Representatives of members at meetings convened by a specialized agency shall, while exercising their functions and during their journeys to and from the place of meeting, enjoy the following privileges and immunities:

  • (a) Immunity from personal arrest or detention and from seizure of their personal baggage, and in respect of words spoken or written and all acts done by them in their official capacity, immunity from legal process of every kind;

  • (b) Inviolability for all papers and documents;

  • (c) The right to use codes and to receive papers or correspondence by courier or in sealed bags;

  • (d) Exemption in respect of themselves and their spouses from immigration restrictions, aliens’ registration or national service obligations in the State which they are visiting or through which they are passing in the exercise of their functions;

  • (e) The same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign Governments on temporary official missions;

  • (f) The same immunities and facilities in respect of their personal baggage as are accorded to members of comparable rank of diplomatic missions.

Section 14

In order to secure for the representatives of members of the specialized agencies at meetings convened by them complete freedom of speech and complete independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer engaged in the discharge of such duties.

Section 15

Where the incidence of any form of taxation depends upon residence, periods during which the representatives of members of the specialized agencies at meetings convened by them are present in a member State for the discharge of their duties shall not be considered as periods of residence.

Section 16

Privileges and immunities are accorded to the representatives of members, not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connexion with the specialized agencies. Consequently, a member not only has the right but is under a duty to waive the immunity of its representatives in any case where, in the opinion of the member, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded.

Section 17

The provisions of Sections 13, 14 and 15 are not applicable in relation to the authorities of a State of which the person is a national or of which he is or has been a representative.

Article VI Officials

Section 18

Each specialized agency will specify the categories of officials to which the provisions of this Article and of Article VIII shall apply. It shall communicate them to the Governments of all States parties to this Convention in respect of that agency and to the Secretary-General of the United Nations. The names of the officials included in these categories shall from time to time be made known to the abovementioned Governments.

Section 19

Officials of the specialized agencies shall:

  • (a) Be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity;

  • (b) Enjoy the same exemptions from taxation in respect of the salaries and emoluments paid to them by the specialized agencies and on the same conditions as are enjoyed by officials of the United Nations;

  • (c) Be immune, together with their spouses and relatives dependent on them, from immigration restrictions and alien registration;

  • (d) Be accorded the same privileges in respect of exchange facilities as are accorded to officials of comparable rank of diplomatic missions;

  • (e) Be given, together with their spouses and relatives dependent on them, the same repatriation facilities in time of international crises as officials of comparable rank of diplomatic missions;

  • (f) Have the right to import free of duty their furniture and effects at the time of first taking up their post in the country in question.

Section 20

The officials of the specialized agencies shall be exempt from national service obligations, provided that in relation to the States of which they are nationals, such exemption shall be confined to officials of the specialized agencies whose names have, by reason of their duties, been placed upon a list compiled by the executive head of the specialized agency and approved by the State concerned.

Should other officials of specialized agencies be called up for national service, the State concerned shall, at the request of the specialized agency concerned, grant such temporary deferments in the call-up of such officials as may be necessary to avoid interruption in the continuation of essential work.

Section 21

In addition to the immunities and privileges specified in Sections 19 and 20, the executive head of each specialized agency, including any official acting on his behalf during his absence from duty, shall be accorded in respect of himself, his spouse and minor children, the privileges and immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with international law.

Section 22

Privileges and immunities are granted to officials in the interests of the specialized agencies only and not for personal benefit of the individuals themselves. Each specialized agency shall have the right and the duty to waive immunity of any official in any case where, in its opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the specialized agency.

Section 23

Each specialized agency shall co-operate at all times with the appropriate authorities of member States to facilitate the proper administration of justice, secure the observance of police regulations and prevent the occurrence of any abuses in connexion with the privileges, immunities and facilities mentioned in this article.

Article VII Abuses of Privilege

Section 24

If any State party to this Convention considers that there has been an abuse of a privilege or immunity conferred by this Convention, consultations shall be held between that State and the specialized agency concerned to determine whether any such abuse has occurred and, if so, to attempt to ensure that no repetition occurs. If such consultations fail to achieve a result satisfactory to the State and the specialized agency concerned, the question whether an abuse of a privilege or immunity has occurred shall be submitted to the International Court of Justice in accordance with Section 32. If the International Court of Justice finds that such an abuse has occurred, the State party to this Convention affected by such abuse shall have the right, after notification to the specialized agency in question, to withhold from the specialized agency concerned the benefits of the privilege or immunity so abused.

Section 25

1. Representatives of members at meetings convened by specialized agencies, while exercising their functions and during their journeys to and from the place of meeting, and officials within the meaning of Section 18, shall not be required by the territorial authorities to leave the country in which they are performing their functions on account of any activities by them in their official capacity. In the case, however, of abuse of privileges of residence committed by any such person in activities in that country outside his official functions, he may be required to leave by the Government of that country provided that:

2. (I) Representatives of members, or persons who are entitled to diplomatic immunity under Section 21, shall not be required to leave the country otherwise than in accordance with the diplomatic procedure applicable to diplomatic envoys accredited to that country.

(II) In the case of an official to whom Section 21 is not applicable, no order to leave the country shall be issued other than with the approval of the Foreign Minister of the country in question, and such approval shall be given only after consultation with the executive head of the specialized agency concerned; and, if expulsion proceedings are taken against an official, the executive head of the specialized agency shall have the right to appear in such proceedings on behalf of the person against whom they are instituted.

Article VIII Laissez-Passer

Section 26

Officials of the specialized agencies shall be entitled to use the United Nations laissez-passer in conformity with administrative arrangements to be concluded between the Secretary-General of the United Nations and the competent authorities of the specialized agencies, to which agencies special powers to issue laissez-passer may be delegated. The Secretary-General of the United Nations shall notify each State party to this Convention of each administrative arrangement so concluded.

Section 27

States parties to this Convention shall recognize and accept the United Nations laissez-passer issued to officials of the specialized agencies as valid travel documents.

Section 28

Applications for visas, where required, from officials of specialized agencies holding United Nations laissez-passer when accompanied by a certificate that they are travelling on the business of a specialized agency, shall be dealt with as speedily as possible. In addition, such persons shall be granted facilities for speedy travel.

Section 29

Similar facilities to those specified in Section 28 shall be accorded to experts and other persons who, though not the holders of United Nations laissez-passer, have a certificate that they are travelling on the business of a specialized agency.

Section 30

The executive heads, assistant executive heads, heads of departments and other officials of a rank not lower than head of department of the specialized agencies, travelling on United Nations laissez-passer on the business of the specialized agencies, shall be granted the same facilities for travel as are accorded to officials of comparable rank in diplomatic missions.

Article IX Settlement of Disputes

Section 31

Each specialized agency shall make provision for appropriate modes of settlement of:

(a) Disputes arising out of contracts or other disputes of private character to which the specialized agency is a party;

(b) Disputes involving any official of a specialized agency who by reason of his official position enjoys immunity, if immunity has not been waived in accordance with the provisions of Section 22.

Section 32

All differences arising out of the interpretation or application of the present Convention shall be referred to the International Court of Justice unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between one of the specialized agencies on the one hand, and a member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court and the relevant provisions of the agreements concluded between the United Nations and the specialized agency concerned. The opinion given by the Court shall be accepted as decisive by the parties.

Article X Annexes and Application to Individual Specialized Agencies

Section 33

In their application to each specialized agency, the standard clauses shall operate subject to any modifications set forth in the final (or revised) text of the annex relating to that agency, as provided in Sections 36 and 38.

Section 34

The provisions of the Convention in relation to any specialized agency must be interpreted in the light of the functions with which that agency is entrusted by its constitutional instrument.

Section 35

Draft annexes I to IX are recommended to the specialized agencies named therein. In the case of any specialized agency not mentioned by name in Section 1, the Secretary-General of the United Nations shall transmit to the agency a draft annex recommended by the Economic and Social Council.

Section 36

The final text of each annex shall be that approved by the specialized agency in question in accordance with its constitutional procedure. A copy of the annex as approved by each specialized agency shall be transmitted by the agency in question to the Secretary-General of the United Nations and shall thereupon replace the draft referred to in Section 35.

Section 37

The present Convention becomes applicable to each specialized agency when it has transmitted to the Secretary-General of the United Nations the final text of the relevant annex and has informed him that it accepts the standard clauses, as modified by this annex, and undertakes to give effect to Sections 8, 18, 22, 23, 24, 31, 32, 42 and 45 (subject to any modification of Section 32 which may be found necessary in order to make the final text of the annex consonant with the constitutional instrument of the agency) and any provisions of the annex placing obligations on the agency. The Secretary- General shall communicate to all Members of the United Nations and to other States members of the specialized agencies certified copies of all annexes transmitted to him under this section and of revised annexes transmitted under Section 38.

Section 38

If, after the transmission of a final annex under Section 36, any specialized agency approves any amendments thereto in accordance with its constitutional procedure, a revised annex shall be transmitted by it to the Secretary-General of the United Nations.

Section 39

The provisions of this Convention shall in no way limit or prejudice the privileges and immunities which have been, or may hereafter be, accorded by any State to any specialized agency by reason of the location in the territory of that State of its headquarters or regional offices. This Convention shall not be deemed to prevent the conclusion between any State party thereto and any specialized agency of supplemental agreements adjusting the provisions of this Convention or extending or curtailing the privileges and immunities thereby granted.

Section 40

It is understood that the standard clauses, as modified by the final text of an annex sent by a specialized agency to the Secretary-General of the United Nations under Section 36 (or any revised annex sent under Section 38), will be consistent with the provisions of the constitutional instrument then in force of the agency in question, and that if any amendment to that instrument is necessary for the purpose of making the constitutional instrument so consistent, such amendment will have been brought into force in accordance with the constitutional procedure of that agency before the final (or revised) annex is transmitted.

The Convention shall not itself operate so as to abrogate, or derogate from, any provisions of the constitutional instrument of any specialized agency or any rights or obligations which the agency may otherwise have, acquire, or assume.

Article XI Final Provisions

Section 41

Accession to this Convention by a Member of the United Nations and (subject to Section 42) by any State member of a specialized agency shall be effected by deposit with the Secretary-General of the United Nations of an instrument of accession which shall take effect on the date of its deposit.

Section 42

Each specialized agency concerned shall communicate the text of this Convention together with the relevant annexes to those of its members which are not Members of the United Nations and shall invite them to accede thereto in respect of that agency by depositing an instrument of accession to this Convention in respect thereof either with the Secretary-General of the United Nations or with the executive head of the specialized agency.

Section 43

Each State party to this Convention shall indicate in its instrument of accession the specialized agency or agencies in respect of which it undertakes to apply the provisions of this Convention. Each State party to this Convention may by subsequent written notification to the Secretary-General of the United Nations undertake to apply the provisions of this Convention to one or more further specialized agencies. This notification shall take effect on the date of its receipt by the Secretary-General.

Section 44

This Convention shall enter into force for each State party to this Convention in respect of a specialized agency when it has become applicable to that agency in accordance with Section 37 and the State party has undertaken to apply the provisions of the Convention to that agency in accordance with Section 43.

Section 45

The Secretary-General of the United Nations shall inform all Members of the United Nations, as well as all members of the specialized agencies, and executive heads of the specialized agencies, of the deposit of each instrument of accession received under Section 41 and of subsequent notifications received under Section 43. The executive head of a specialized agency shall inform the Secretary-General of the United Nations and the members of the agency concerned of the deposit of any instrument of accession deposited with him under Section 42.

Section 46

It is understood that, when an instrument of accession or a subsequent notification is deposited on behalf of any State, this State will be in a position under its own law to give effect to the terms of this Convention, as modified by the final texts of any annexes relating to the agencies covered by such accessions or notifications.

Section 47

1. Subject to the provisions of paragraphs 2 and 3 of this section, each State party to this Convention undertakes to apply this Convention in respect of each specialized agency covered by its accession or subsequent notification, until such time as a revised convention or annex shall have become applicable to that agency and the said State shall have accepted the revised convention or annex. In the case of a revised annex, the acceptance of States shall be by a notification addressed to the Secretary-General of the United Nations, which shall take effect on the date of its receipt by the Secretary-General.

2. Each State party to this Convention, however, which is not, or has ceased to be, a member of a specialized agency, may address a written notification to the Secretary-General of the United Nations and the executive head of the agency concerned to the effect that it intends to withhold from that agency the benefits of this Convention as from a specified date, which shall not be earlier than three months from the date of receipt of the notification.

3. Each State party to this Convention may withhold the benefit of this Convention from any specialized agency which ceases to be in relationship with the United Nations.

4. The Secretary-General of the United Nations shall inform all member States parties to this Convention of any notification transmitted to him under the provisions of this section.

Section 48

At the request of one-third of the States parties to this Convention, the Secretary-General of the United Nations will convene a conference with a view to its revision.

Section 49

The Secretary-General of the United Nations shall transmit copies of this Convention to each specialized agency and to the Government of each Member of the United Nations.

Annex V International Monetary Fund

In its application to the International Monetary Fund (hereinafter called “the Fund”), the Convention (including this annex) shall operate subject to the following provisions:

1. Section 32 of the standard clauses shall only apply to differences arising out of the interpretation or application of privileges and immunities which are derived by the Fund solely from this Convention and are not included in those which it can claim under its Articles of Agreement or otherwise.

2. The provisions of the Convention (including this annex) do not modify or amend or require the modification or amendment of the Articles of Agreement of the Fund or impair or limit any of the rights, immunities, privileges or exemptions conferred upon the Fund or any of its members, Governors, Executive Directors, alternates, officers or employees by the Articles of Agreement of the Fund, or by any statute, law or regulation of any member of the Fund or any political subdivision of any such member, or otherwise.

List of Members Which Have Accepted the UN Convention on Privileges and Immunities of the Specialized Agencies with Respect to the Fund as of December 31, 2000

(See Declarations and Reservations at the end of the list)
CountryAccession (a),

Succession (d)
Algeria25 March 1964 a
Antigua and Barbuda14 December 1988 d
Argentina10 October 1963 a
Australia9 May 1986 a
Austria21 July 1950 a
Bahamas17 March 1977 d
Bahrain17 September 1992 a
Barbados19 November 1971 a
Belarus18 March 1966 a
Belgium14 March 1962 a
Bosnia and Herzegovina3,1 September 1993 d
Botswana5 April 1983 a
Brazil22 March 1963 a
Bulgaria13 June 1968 a
Burkina Faso6 April 1962 a
Cambodia15 October 1953 a
Cameroon30 April 1992 a
Central African Republic15 October 1962 a
Chile21 September 1951 a
China11 September 1979 a
Côte d’lvoire8 September 1961 a
Croatia 3,12 October 1992 d
Cyprus6 May 1964 d
Czech Republic4,22 February 1993 d
Democratic Republic of the Congo8 December 1964 a
Denmark25 January 1950 a
Dominica24 June 1988 a
Ecuador8 June 1951 a
Egypt28 September 1954 a
Estonia8 October 1997 a
Fiji21 June 1971 d
Finland31 July 1958 a
France2 August 2000 a
Gabon29 June 1961 a
Gambia1 August 1966 d
Germany5,6,,7,10 October 1957 a
Ghana9 September 1958 a
Greece21 June 1977 a
Guatemala30 June 1951 a
Guinea1 July 1959 a
Guyana13 September 1973 a
Haiti16 April 1952 a
Hungary2 August 1967 a
India10 February 1949 a
Indonesia8 March 1972 a
Iran (Islamic Republic of)16 May 1974 a
Iraq9 July 1954 a
Ireland10 May 1967 a
Italy30 August 1985 a
Jamaica4 November 1963 a
Japan18 April 1963 a
Jordan12 December 1950 a
Kenya1 July 1965 a
Kuwait13 November 1961 a
Lao People’s Democratic Republic9 August 1960 a
Lesotho26 November 1969 a
Libyan Arab Jamahiriya30 April 1958 a
Lithuania10 February 1997 a
Luxembourg20 September 1950 a
Madagascar3 January 1966 a
Malawi2 August 1965 a
Malaysia29 March 1962 d
Maldives26 May 1969 a
Mali24 June 1968 a
Malta27 June 1968 d
Mauritius18 July 1969 d
Mongolia3 March 1970 a
Morocco28 April 1958 a
Nepal8,23 February 1954 a
Netherlands2 December 1948 a
New Zealand25 November 1960 a
Nicaragua6 April 1959 a
Niger15 May 1968 a
Nigeria26 June 1961 d
Norway25 January 1950 a
Pakistan23 July 1951 a
Philippines20 March 1950 a
Poland19 June 1969 a
Republic of Korea13 May 1977 a
Romania15 September 1970 a
Russian Federation10 January 1966 a
Rwanda15 April 1964 a
Saint Lucia2 September 1986 a
Senegal2 March 1966 a
Seychelles24 July 1985 a
Sierra Leone13 March 1962 d
Singapore18 March 1966 d
Slovakia4,28 May 1993 d
Slovenia 3,6 July 1992 d
Spain26 September 1974 a
Sweden12 September 1951 a
Thailand30 March 1956 a
The Former Yugoslav Republic of Macedonia3,11 March 1996 d
Togo15 July 1960 a
Tonga17 March 1976 d
Trinidad and Tobago19 October 1965 a
Tunisia3 December 1957 a
Uganda11 August 1983 a
Ukraine13 April 1966 a
United Kingdom of Great Britain and Northern Ireland16 August 1949 a
United Republic of Tanzania29 Oct 1962 a
Uruguay29 December 1977 a
Uzbekistan18 February 1997 a
Yugoslavia 3,12 March 2001 d
Zambia16 June 1975 d
Zimbabwe5 March 1991 a

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made upon accession. For objections thereto, see hereinafter.)

Bahrain

“The accession by the State of Bahrain to the said Convention shall in no way constitute recognition of Israel or be a cause for the establishment of any relations of any kind herewith.”

Belarus9,

The Byelorussian Soviet Socialist Republic does not consider itself bound by the provisions of sections 24 and 32 of the Convention, concerning the compulsory jurisdiction of the International Court of Justice. Concerning the jurisdiction of the International Court of Justice in disputes arising out of the interpretation or application of the Convention, the Byelorussian Soviet Socialist Republic will maintain the same position as hitherto, namely, that for any dispute to be referred to the International Court of Justice for settlement, the agreement of all Parties involved in the dispute must be obtained in each individual case. This reservation similarly applies to the provision contained in section 32, stipulating that the advisory opinion of the International Court of Justice shall be accepted as decisive.

Bulgaria9,10

China9,

The Government of the People’s Republic of China has reservations on the provisions of section 32, article IX, of the said Convention.

Côte d’Ivoire

28 December 1961

It is not possible for any Government fully to comply with the requirements of section 11 of that Convention in so far as it requires the specialized agency to enjoy in the territory of a State party to the Convention treatment not less favourable than that accorded by the Government of that State to any other Government in the matter of priorities and rates on telecommunications, unless and until all other Governments collaborate in according this treatment to the agency in question. It is understood that this matter is being discussed in the International Telecommunication Union.

Czech Republic4,9

France

Reservations:

Only property, funds and assets belonging to agencies, administered by them and earmarked for the functions assigned to them under the agreements by which they were established, and to which France has acceded, shall enjoy the privileges and immunities provided for in the Convention.

When an official of the agencies who does not have the same status as a member of the diplomatic staff under the Convention commits a traffic violation or causes a road accident, the privileges and immunities shall not apply.

The provisions of section 11 concerning facilities in respect of communications shall not apply to the specialized agencies.

Officials employed abroad and resident in France shall be subject to the provisions of the law applicable in France with respect to entry and stay in the national territory.

The privileges and immunities, exemptions and facilities accorded to the executive head of each agency in reference to diplomatic envoys shall not be extended to any other official, except one acting on the former’s behalf during his absence from duty.

The privileges and immunities of experts sent on mission to the specialized agencies shall not exceed those accorded to officials of the specialized agencies.

France shall not be bound by the provisions of section 32 concerning the International Court of Justice, except where a prior attempt to settle the difference amicably has failed.

Interpretative declaration:

In the event of a conflict between the provisions of the Convention and the provisions of the individual agreements concluded between the specialized agencies and France, the provisions of these agreements shall have precedence.

Gabon

It is not possible for any Government fully to comply with the requirements of section 11 of that Convention in so far as it requires the specialized agency to enjoy in the territory of a State party to the Convention treatment not less favourable than that accorded by the Government of that State to any other Government in the matter of priorities and rates on telecommunications, unless and until all other Governments collaborate in according this treatment to the agency in question. It is understood that this matter is being discussed in the International Telecommunication Union.

Germany6,7

“The Government of the Federal Republic of Germany takes the liberty of calling attention to the fact that the provisions of section 11 of article IV of the Convention, to the effect that the specialized agencies shall enjoy, in the territory of each State party to this Convention, for their official communications, treatment not less favourable than that accorded by the Government of such State to any other Government in the matter of priorities, rates and other taxes, cannot be fully complied with by any Government. Reference is made to the provisions of article 37 and of annex 3 of the International Telecommunication Convention concluded at Buenos Aires in 1952, as well as to the resolutions Nos. 27 and 28 appended to that Convention.”

Hungary9,11,

Indonesia9,12,

“(1) Article II (b) section 3: The capacity of the specialized agencies to acquire and dispose of immovable property shall be exercised with due regard to national laws and regulations.

“(2) Article IX section 32: With regard to the competence of the International Court of Justice in disputes concerning the interpretation or application of the Convention, the Government of Indonesia reserves the right to maintain that in every individual case the agreement of the parties to the dispute is required before the Court for a ruling.”

Italy

Declaration:

In the event that some of the specialized agencies which are mentioned in the instrument of accession and to which Italy undertakes to apply the Convention should decide to establish their headquarters or their regional offices in Italian territory, the Italian Government will be able to avail itself of the option of concluding with such agencies, in accordance with Section 39 of the Convention supplemental agreements specifying, in particular, the limits within which immunity from jurisdiction may be granted to a given agency or immunity from jurisdiction and exemption from taxation granted to officials of that agency.

Lithuania13,

Reservation:

“… The Government of the Republic of Lithuania has made the reservation in respect of article 2 (3) (b), that the specialized agencies shall not be entitled to acquire land in the territory of the Republic of Lithuania, in view of the land regulations laid down by the Article 47 of the Constitution of the Republic of Lithuania.”

Madagascar

The Malagasy Government will not be able to comply fully with the provisions of article IV, section 11, of the Convention, which states that the specialized agencies shall enjoy, in the territory of each State party to the Convention, for their official communications, treatment not less favourable than that accorded by the Government of such State to any other Government, in the matter of priorities, rates and taxes on telecommunications, until such time as all Governments decide to co-operate by according such treatment to the agencies in question.

Mongolia9,14,

New Zealand

“The Government of New Zealand, in common with other Governments, cannot give full effect to article IV, section 11, of the Convention, which requires that the specialized agencies shall enjoy, in the territory of each State party to the Convention, for their official communications, treatment not less favourable than the treatment accorded by the Government of such a State to any other Government in the matter of priorities, rates and taxes on telecommunications, as long as all Governments have not decided to co-operate in granting this treatment to the agencies in question.

“It is noted that this matter has been receiving the consideration of the United Nations and of the International Telecommunication Union. It is also noted that the final text of the annex of the Convention approved by the International Telecommunication Union, and transmitted by the Union to the Secretary- General of the United Nations in accordance with section 36 of the Convention, contains a statement that the Union would not claim for itself the enjoyment of privileged treatment with regard to the facilities in respect of communications provided in section 11 of the Convention.”

Norway

20 September 1951

“The Norwegian Government is of the opinion that it is impossible for any government to comply fully with Section 11 of the said Convention, which requires that the Specialized Agencies shall enjoy, in the territory of each state party to the Convention, for their official communications, treatment no less favourable than that accorded by the Government of such State to any other Government in the matter of priorities, rates and taxes on telecommunications as long as all governments have not agreed to grant to the agency in question, the treatment specified in this Section.”

Pakistan

Declaration contained in the notification received on 15 September 1961 and also, with the second paragraph omitted, in the notifications received on 13 March 1962 and 17 July 1962:

“The enjoyment by Specialized Agencies of the communication privileges provided for in Article IV, Section 11 of the Convention cannot, in practice, be determined by unilateral action of individual Governments and has in fact been determined by the International Telecommunication Convention, Atlantic City, 1947 and Telegraph and Telephone Regulations annexed thereto, Pakistan would, therefore, not be able to comply with the provisions of Article IV, Section 11 of the Convention in view of Resolution No. 28 (annexure I) passed at the Plenipotentiary Conference of the International Telecommunication Union, held in Buenos Aires in 1952.

“The International Telecommunication Union shall not claim for itself the communication privileges provided in Article IV, Section 11 of the Convention.”

Poland9,15,

Romania9,

The Socialist Republic of Romania states that it does not consider itself bound by the provisions of sections 24 and 32, whereby the question whether an abuse of a privilege or immunity has occurred, and differences arising out of the interpretation or application of the Convention and disputes between specialized agencies and Member States, shall be referred to the International Court of Justice. The position of the Socialist Republic of Romania is that such questions, differences or disputes may be referred to the International Court of Justice only with the agreement of the parties in each individual case.

Russian Federation9,

Declaration made upon accession and also contained in the notification received on 16 November 1972:

The Union of Soviet Socialist Republics does not consider it self bound by the provisions of sections 24 and 32 of the Convention, concerning the compulsory jurisdiction of the International Court of Justice. Concerning the jurisdiction of the International Court of Justice in disputes arising out of the interpretation or application of the Convention, the USSR will maintain the same position as hitherto, namely, that for any dispute to be referred to the International Court of Justice for settlement, the agreement of all Parties involved in the dispute must be obtained in each individual case. This reservation similarly applies to the provision contained in section 32, stipulating that the advisory opinion of the International Court of Justice shall be accepted as decisive.

Slovakia4,9,

Ukraine9,

The Ukrainian Soviet Socialist Republic does not consider itself bound by the provisions of sections 24 and 32 of the Convention, concerning the compulsory jurisdiction of the International Court of Justice. Concerning the jurisdiction of the International Court of Justice in disputes arising out of the interpretation or application of the Convention, the Ukrainian Soviet Socialist Republic will maintain the same position as hitherto, namely, that for any dispute to be referred to the International Court of Justice for settlement, the agreement of all Parties involved in the dispute must be obtained in each individual case. This reservation similarly applies to the provision contained in section 32, stipulating that the advisory opinion of the International Court of Justice shall be accepted as decisive.

United Kingdom of Great Britain and Northern Ireland

“It is not possible for any Government fully to comply with the requirements of Section 11 of that Convention in so far as it requires the Specialized Agency to enjoy in the territory of a state party to the Convention treatment not less favourable than that accorded by the Government of that state to any other Government in the matter of priorities and rates on telecommunications, unless and until all other Governments collaborate in according this treatment to the Agency in question. It is understood that this matter is being discussed in the International Telecommunication Union.”

17 December 1954

“With regard to the Universal Postal Union and the World Meteorological Organization, … no Government can fully comply with Section 11 of this Convention which requires that the specialized agencies shall enjoy, in the territory of each State party to the Convention, for their official communications, treatment not less favourable than that accorded by the Government of such a State to any other Government in the matter of priorities, rates and taxes on telecommunications so long as all the other Governments have not decided to co-operate in granting this treatment to the agencies in question. This matter is under consideration by the United Nations and the International Telecommunication Union.

“The final text of the annex to the Convention approved by the International Telecommunication Union and transmitted by the Union to the Secretary-General of the United Nations in accordance with Section 36 of the Convention contains a statement that the Union would not claim for itself the enjoyment of privileged treatment with regard to the facilities in respect of communications provided in Section 11 of the Convention.”

4 November 1959

“Her Majesty’s Government observe [in connection with its notification of application to the International Maritime Organisation] that it would be impracticable for any Government fully to comply with Section 11 of the Convention which requires that the Specialized Agencies shall enjoy, in the territory of each State party to the Convention, for their official communications, treatment not less favourable than that accorded by the Government of such State to any other Government in the matter of priorities, rates and taxes on telecommunications, until such time as all the other Governments have decided to co-operate in granting this treatment to the agencies in question. This matter is under consideration by the United Nations and the International Telecommunication Union.”

Objections

(Unless otherwise indicated, the objections were made upon accession.)

Netherlands16,

11 January 1980

“The Government of the Kingdom of the Netherlands has noted the reservation made on the accession of China to the Convention on the privileges and immunities of the specialized agencies, and is of the opinion that the reservation mentioned, and similar reservations other States have made in the past or may make in the future, are incompatible with the objectives and purposes of the Convention.

The Government of the Kingdom of the Netherlands does, however, not wish to raise a formal objection to these reservations made by States parties to the Convention.”

NOTES
1.

Resolution 179 (II); Official Records of the Second Session of the General Assembly, Resolutions (A/519), p. 112.

2.

Resolution No. 108, adopted by the General Council of the International Refugee Organization at its 101st meeting on 15 February 1952, provided for the liquidation of the Organization.

The former Yugoslavia had acceded to the Convention on 23 November 1951. See also Notes 1 regarding “Bosnia and Herzegovina”, “Croatia”, “former Yugoslavia”, “Slovenia”, “The Former Yugoslav Republic of Macedonia” and “Yugoslavia” in the “Historical Information” section in the front matter of this volume.

Czechoslovakia had acceded to the Convention on 29 December 1966 in respect of the following agencies: ILO, ICAO, UNESCO, WHO, UPU, ITU, WMO and IMO. Subsequently, on 6 September 1988 and 26 April 1991, the Government of Czechoslovakia notified the Secretary-General that it applied the Convention in respect of FAO (second revised text of annex II), WIPO, and UNIDO, and IMF, IBRD, IFC and IDA, respectively. The instrument of accession also contained a reservation, subsequently withdrawn on 26 April 1991. For the text of the reservation, see United Nations, Treaty Series, vol. 586, p. 247. See also note 9 and note 12 in chapter I.2.

In a communication received by the Secretary-General on 10 October 1957, the Government of the Federal Republic of Germany declared that the Convention will also apply to the Saar Territory except that Section 7 (b) of the Convention shall not take effect with regard to the Saar Territory until the expiration of the interim period defined in article 3 of the Treaty of 27 October 1956 between France and the Federal Republic of Germany. See also note 15 in chapter I.2.

The German Democratic Republic had acceded to the Convention, with a reservation, on 4 October 1974 in respect of the following specialized agencies: ILO, UNESCO, WHO (third revised text of annex VII), UPU, ITU, WMO, IMO (revised text of annex XII). For the text of the reservation see United Nations, Treaty Series, vol. 950, p. 357. See also note 9 and note 15 in chapter I.2.

In a note accompanying the instrument of accession, the Government of the Federal Republic of Germany declared that the Convention would also apply to Land Berlin.

With reference to the above-mentioned declaration, communications have been addressed to the Secretary-General by the Governments of Bulgaria, France, the United Kingdom and the United States of America, the Federal Republic of Germany, Mongolia, Poland and the Union of Soviet Socialist Republics. The said communications are identical in essence, mutatis mutandis, to the corresponding ones reproduced in note 5 of chapter III.3.

Subsequently, upon accession to the Convention, the Government of the German Democratic Republic made on the same subject the following declaration:

As regards the application of the Convention to Berlin (West), the German Democratic Republic Notes, in accordance with the Quadripartite Agreement between the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, the United States of America and the French Republic of 3 September 1971, that Berlin (West) is not a constituent part of the Federal Republic of Germany and cannot be governed by it. Consequently, the declaration of the Federal Republic of Germany to the effect that the said Convention is valid also for “Land Berlin” is in contradiction with the Quadripartite Agreement, which provides that agreements affecting matters of the status of Berlin (West) may not be extended to Berlin (West) by the Federal Republic of Germany.

With reference to the above-mentioned declaration the Secretary-General received on 8 July 1975 from the Governments of the United States of America, France and the United Kingdom, the following declaration:

“[The communication mentioned in the Note listed refers] to the Quadripartite Agreement of 3 September 1971. This Agreement was concluded in Berlin between the Governments of the French Republic, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America. [The Government sending this communication is not a party to the Quadripartite Agreement and is] therefore not competent to make authoritative comments on its provisions.

“The Governments of France, the United Kingdom and the United States wish to bring the following to the attention of the States Parties to the [Convention]. When authorising the extension of [this instrument] to the Western Sectors of Berlin, the authorities of the Three Powers, acting in the exercise of their supreme authority, ensured in accordance with established procedures that [this instrument is] applied in the Western Sectors of Berlin in such a way as not to affect matters of security and status.

“Accordingly, the application of [this instrument] to the Western Sectors of Berlin continues in full force and effect.

“The Governments of France, the United Kingdom and the United States do not consider it necessary to respond to any further communications of a similar nature by States which are not signatories to the Quadripartite Agreement. This should not be taken to imply any change in the position of those Governments in this matter.”

Subsequently, on 19 September 1975, the Government of the Federal Republic of Germany made on the same subject the following declaration:

“By their Notes of 8 July 1975, … The Governments of France, the United Kingdom and the United States answered the assertions made in the [communication] referred to above. The Government of the Federal Republic of Germany, on the basis of the legal situation set out in the Note of the Three Powers wishes to confirm that the application in Berlin (West) of the above-mentioned [instrument] extended by it under the established procedures [continues] in full force and effect.

“The Government of the Federal Republic of Germany wishes to point out that the absence of a response to further communications of a similar nature should not be taken to imply any change of its position in this matter.”

See also note 6.

The instrument of accession by the Government of Nepal was deposited with the Director-General of the World Health Organization, in accordance with section 42 of the Convention.

The Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General, on the dates indicated, that it is unable to accept certain reservations made by the States listed below because in its view they are not of the kind which intending parties to the Convention have the right to make:

Date of receipt of the objection:With respect to reservation by:
20 June 1967Belarus
20 June 1967Czechoslovakia*
20 June 1967Ukraine
20 June 1967Russian Federation
11 January 1968Hungary
12 August 1968Bulgaria
2 December 1969Poland***
17 August 1970Mongolia****
30 November 1970Romania
21 September 1972Indonesia
20 November 1974Germany**
6 November 1979China
21 April 1983Hungary

On 24 June 1992, the Government of Bulgaria notified the Secretary-General its decision to withdraw the reservation made upon accession. For the text of the reservation, see United Nations, Treaty Series, vol. 638, p. 266.

In a communication received on 8 December 1989, the Government of Hungary notified the Secretary-General that it had decided to withdraw the reservations in respect of sections 24 and 32 of the Convention made upon accession. For the text of the reservations, see United Nations, Treaty Series, vol. 602, p. 300.

In a communication received on 10 January 1973, the Government of Indonesia informed the Secretary-General, in reference to the reservation [concerning the capacity to acquire and dispose of immovable property] that it would grant to the Specialized Agencies the same privileges and immunities which it had granted to the International Monetary Fund and the International Bank for Reconstruction and Development.

By 4 December 1998, the date on which the period specified for the notification of objections by the Specialized Agencies concerned to the reservation made by Lithuania upon accession expired, no objection had been notified to the Secretary-General. Consequently, the instrument of accession by the Government of Lithuania, including the reservation, was deposited with the Secretary General on 10 February 1997.

Subsequently, in a communication received on 19 July 1990, the Government of Mongolia notified the Secretary-General of its decision to withdraw the reservation made upon accession. For the text of the reservation, see United Nations, Treaty Series, vol. 719, p. 274.

On 16 October 1997, the Government of Poland notified the Secretary-General that it had decided to withdraw its reservation with regard to sections 24 and 32 of the Convention made upon accession. For the text of the reservation see United Nations, Treaty Series, vol. 677, p. 430.

In a communication received by the Secretary-General on 28 January 1980, the Government of the Netherlands indicated that the statement concerning their wish not to raise a formal objection to these reservations “… is intended to mean that the Government of the Kingdom of the Netherlands does not oppose the entry into force of the Convention between itself and the reserving states.”

The Convention was adopted by the United Nations General Assembly on November 21, 1947. The Executive Directors of the Fund accepted the standard clauses of the Convention and approved Annex V with respect to the Fund on April 11, 1949. The Annex became effective on May 9, 1949, when it was received by the United Nations.

    Other Resources Citing This Publication