ARTICLE 16 The provisions of Articles 12 to 14 above shall not require any State to grant any of the privileges or immunities referred to therein to any person who is its national or to any person as its representative or as a member of the staff of such representative. Part IV. International Staff and Experts on Missions for the Organisation ARTICLE 17 The categories of officials of the Organisation to which Articles 18 to 20 apply shall be agreed between the Chairman of the Council Deputies and each of the Member States concerned. The Chairman of the Council Deputies shall communicate to the Member States the names of the officials included in these categories. ARTICLE 18 Officials of the Organisation agreed upon under Article 17 shall: (a) be immune from legal process in respect of words spoken or written and of acts done by them in their official capacity and within the limits of their authority; (b) be granted, together with their spouses and members of their immediate families residing with and dependent on them, the same immunities from immigration restrictions and aliens' registration as is accorded to diplomatic personnel of comparable rank; (c) be accorded the same facilities in respect of currency or exchange restrictions as are accorded to diplomatic personnel of comparable rank; (d) be given, together with their spouses and members of their immediate families residing with and dependent on them, the same repatriation facilities in time of international crisis as are accorded to diplomatic personnel of comparable rank; (e) have the right to import free of duty their furniture and effects at the time of first arrival to take up their post in the country in question, and, on the termination of their functions in that country, to re-export such furniture and effects free of duty, subject in either case to such conditions as the Government of the country in which the right is being exercised may deem necessary; have the right to import temporarily free of duty their private motor vehicles for their own personal use and subsequently to re-export such vehicles free of duty, subject in either case to such conditions as the Government of the country concerned may deem necessary. ARTICLE 19 Officials of the Organisation agreed under Article 17 shall be exempt from taxation on the salaries and emoluments paid to them by the Organisation in their capacity as such officials. Any Member State may, however, conclude an arrangement with the Council acting on behalf of the Organisation whereby such Member State will employ and assign to the Organisation all of its nationals (except, if such Member State so desires, any not ordinarily resident within its territory) who are to serve on the international staff of the Organisation and pay the salaries and emoluments of such persons from its own funds at a scale fixed by it.' The salaries and emoluments so paid may be taxed by such Member State but shall be exempt from taxation by any other Member State. If such an arrangement is entered into by any Member State and is subsequently modified or terminated, Member States shall no longer be bound under the first sentence of this Article to exempt from taxation the salaries and emoluments paid to their nationals. ARTICLE 20 In addition to the immunities and privileges specified in Articles 18 and 19, the Executive Secretary of the Organisation, the Co-ordinator of North Atlantic Defense Production, and such other permanent officials of similar rank as may be agreed between the Chairman of the Council Deputies and the Governments of Member States, shall be accorded the privileges and immunities normally accorded to diplomatic personnel of comparable rank. ARTICLE 21 1. Experts (other than officials coming within the scope of Articles 18 to 20) employed on missions on behalf of the Organisation shall be accorded the following privileges and immunities so far as is necessary for the effective exercise of their functions while present in the territory of a Member State for the discharge of their duties: (a) immunity from personal arrest or detention and from seizure of their personal baggage; (b) in respect of words spoken or written or acts done by them in the performance of their official functions for the Organisation, immunity from legal process; (c) the same facilities in respect of currency or exchange restrictions and in respect of their personal baggage as are accorded to officials of foreign Governments on temporary official missions: (d) inviolability for all papers and documents relating to the work on which they are engaged for the Organisation. 2. The Chairman of the Council Deputies shall communicate to the Member States concerned the names of any experts to whom this Article applies. ARTICLE 22 Privileges and immunities are granted to officials and experts in the interests of the Organisation and not for the personal benefit of the individuals themselves. The Chairman of the Council Deputies shall 1 For the text of the agreement between the United States and the North Atlantic Council negotiated under the provisions of this article, see infra. have the right and the duty to waive the immunity of any official or expert in any case where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the Organisation. ARTICLE 23 The provisions of Articles 18, 20 and 21, above shall not require any State to grant any of the privileges or immunities referred to therein to any person who is its national, except: (a) immunity from legal process in respect of words spoken or written or acts done by him in the performance of his official functions for the Organisation; (b) inviolability for all papers and documents relating to the work on which he is engaged for the Organisation; (c) facilities in respect of currency or exchange restrictions so far as necessary for the effective exercise of his functions. Part V. Settlement of Disputes ARTICLE 24 The Council shall make provision for appropriate modes of settlement of: (a) disputes arising out of contracts or other disputes of a private character to which the Organisation is a party; (b) disputes involving any official or expert of the Organisation to whom Part IV of this Agreement applies who by reason of his official position enjoys immunity, if immunity has not been waived in accordance with the provisions of Article 22. Part VI. Supplementary Agreements ARTICLE 25 The Council acting on behalf of the Organisation may conclude with any Member State or States supplementary agreements modifying the provisions of the present Agreement, so far as that State or those States are concerned. Part VII.-Final Provisions 1. The present Agreement shall be open for signature by Member States of the Organisation and shall be subject to ratification. Instruments of ratification shall be deposited with the Government of the United States of America, which will notify all signatory States of each such deposit. 2. As soon as six signatory States have deposited their instruments of ratification, the present Agreement shall come into force in respect of those States. It shall come into force in respect of each other signatory State, on the date of the deposit of its instrument of ratification.2 ARTICLE 27 The present Agreement may be denounced by any Contracting State by giving written notification of denunciation to the Government of the United States of America, which will notify all signatory States of each such notification. The denunciation shall take effect one year after the receipt of the notification by the Government of the United States of America. In witness whereof the undersigned plenipotentiaries have signed the present Agreement. Done in Ottawa this twentieth day of September, 1951, in French and in English, both texts being equally authoritative, in a single copy which shall be deposited in the archives of the Government of the United States of America which will transmit a certified copy to each of the signatory States. 29. AGREEMENT BETWEEN THE UNITED STATES AND THE NORTH ATLANTIC TREATY ORGANIZATION RESPECTING SERVICE OF UNITED STATES NATIONALS IN THE ORGANIZATION, SEPTEMBER 29, 1951 3 Since the Government of the United States desires to enter into an arrangement with the North Atlantic Council, acting on behalf of the North Atlantic Treaty Organisation, as provided in Article 19 of the Agreement on the Status of the North Atlantic Treaty Organisation, National Representatives and International Staff signed at Ottawa, Canada, September 20, 1951, it is, therefore, agreed by the Government of the United States and the North Atlantic Council Deputies, acting on behalf of the North Atlantic Treaty Organisation, as follows: 1. Whenever the Organisation desires the services of a United States national, it will notify the Deputy United States Representa 1 The agreement entered into force, May 18, 1954, with the deposit of an instrument of ratification by Turkey, the sixth of the signatory states to do so. Up to and including the date of its entry into force the following states had deposited instruments of ratification: Denmark, May 7, 1952; the Netherlands, July 14, 1952; Norway, Feb. 24, 1953; Iceland, May 11, 1953; the United States, July 24, 1953; and Turkey, May 18, 1954. 2 The agreement subsequently entered into force with respect to the following signatory countries with the date of their deposit of instruments of ratification: Luxembourg, July 23, 1954; Canada, Sept. 1, 1954; the United Kingdom, Dec. 10, 1954; France, Jan. 20, 1955; Belgium, Feb. 18, 1955; Italy, Mar. 9, 1955; Portugal (with a reservation), Nov. 22, 1955; and Greece, Dec. 10, 1956. The Federal Republic of Germany signed the agreement May 29, 1956; as of the end of calendar year 1956, its instrument of ratification had not been deposited. 3 TIAS 2992, pp. 24-25; 5 UST 1112. ♦ Supra. 1 tive, North Atlantic Council of: (A) The nature of the position to be filled, (B) The qualifications which an individual must possess to fill the position, and (C) The salary which such individual would receive if employed by the North Atlantic Treaty Organisation. The Organisation may notify the Government of the United States of the name(s) of any individual(s) it deems acceptable for the position. 2. The Government of the United States may assign to the Organisation a United States national from its Government service who is acceptable to the Organisation. The Government of the United States will provide security clearance for the individual concerned. 3. The Government of the United States will pay any and all salaries and emoluments of United States nationals, who are employed by it and assigned to the Organisation, from its own funds at rates determined by the Government of the United States. 4. The Organisation agrees that it will not pay salaries and emoluments to any citizen of the United States. 5. The Organisation will credit to the United States the amounts of salaries and emoluments which would otherwise have been paid by the Organisation to United States nationals and will deduct the total of such credits for each fiscal year from the amount assessed the Government of the United States by the Organisation, in respect of the annual contribution of the Government of the United States for the subsequent fiscal year. IN WITNESS WHEREOF, This Agreement is executed at London on this 29th day of September, 1951, by Sir F. R. Hoyer Millar, ViceChairman of the North Atlantic Council Deputies, on behalf of the North Atlantic Treaty Organisation, and by Charles M. Spofford, United States Deputy Representative to the North Atlantic Council, on behalf of the Government of the United States. 30. PROTOCOL ON THE STATUS OF INTERNATIONAL MILITARY HEADQUARTERS SET UP PURSUANT TO THE NORTH ATLANTIC TREATY, AUGUST 28, 19521 The Parties to the North Atlantic Treaty signed in Washington on 4th April, 1949, Considering that international military Headquarters may be established in their territories, by separate arrangement, under the North Atlantic Treaty, and Desiring to define the status of such Headquarters and of the personnel thereof within the North Atlantic Treaty area, Have agreed to the present Protocol to the Agreement signed in London on 19th June 1951, regarding the Status of their Forces: 2 ARTICLE I In the present Protocol the expression (a) "the Agreement" means the Agreement signed in London on TIAS 2978; 5 UST 870. 2 Supra, doc. 27. |