Imagini ale paginilor
PDF
ePub

(22) “delegate" means any person designated by a state to participate as

its representative in the proceedings of an organ or in a conference; (23) “members of the delegation" means the delegates and the members of

the staff; (24) "head of the observer delegation" means the observer delegate

charged by the sending state with the duty of acting in that capacity; (25) “observer delegate" means any person designated by a state to attend

as an observer the proceedings of an organ or of a conference; (26) “members of the observer delegation" means the observer delegates

and the members of the staff; (27) "members of the staff" means the members of the diplomatic staff, the

administrative and technical staff and the service staff of the mission,

the delegation or the observer delegation;
(28) “members of the diplomatic staff means the members of the staff of

the mission, the delegation or the observer delegation who enjoy
diplomatic status for the purpose of the mission, the delegation or the

observer delegation;
(29) “members of the administrative and technical staff" means the mem-

bers of the staff employed in the administrative and technical service

of the mission, the delegation or the observer delegation; (30) "members of the service staff" means the members of the staff

employed by the mission, the delegation or the observer delegates as

household workers or for similar tasks; (31) “private staff" means persons employed exclusively in the private

service of the members of the mission or the delegation; (32) “premises of the mission” means the buildings or parts of buildings

and the land ancillary thereto, irrespective of ownership, used for the

purpose of the mission, including the residence of the head of mission; (33) “premises of the delegation" means the buildings or parts of buildings,

rrespective of ownership, used solely as the offices of the delegation; (34) "rules of the Organization" means, in particular, the constituent

instruments, relevant decisions and resolutions, and established prac

tice of the Organization. 2. The provisions of paragraph 1 of this article regarding the use of terms in the present Convention are without prejudice to the use of those terms or to the meanings which may be given to them in other international instruments or the internal law of any state.

Article 2

Scope of the present Convention
1. The present Convention applies to the representation of states in their
relations ith any international organization of a universal character, and to
their representation at conferences convened by or under the auspices of such
an organization, when the Convention has been accepted by the host state and
the Organization has completed the procedure envisaged by Article 90.
2. The fact that the present Convention does not apply to other international
organizations is without prejudice to the application to the representation of
states in their relations with such other organizations of any of the rules set
forth in the Convention which would be applicable under international law
independently of the Convention.
3. The fact that the present Convention does not apply to other conferences
is without prejudice to the application to the representation of states at such
other conferences of any of the rules set forth in the Convention which would
be applicable under international law independently of the Convention.
4. Nothing in the present Convention shall preclude the conclusion of agree-
ments between states or between states and international organizations
making the Convention applicable in whole or in part to international organi.
zations or conferences other than those referred to in paragraph 1 of this
article.

Article 3
Relationship between the present Convention and the relevant rules of

international organizations or conferences
The provisions of the present Convention are without prejudice to any
relevant rules of the Organization or to any relevant rules of procedure of the
conference.

[ocr errors]

Article 4
Relationship between the present Convention and other international

agreements The provisions of the present Convention (a) are without prejudice to other international agreements in force between

states or between states and international organizations of a universal

character, and (b) shall not preclude the conclusion of other international agreements

regarding the representation of states in their relations with international organizations of a universal character or their representation at conferences convened by or under the auspices of such organizations.

PART II

Missions to International Organizations

Article 5

Establishment of missions 1. Member states may, if the rules of the Organization so permit, establish permanent missions for the performance of the functions mentioned in Article 6. 2. Non-member states may, if the rules of the Organization so permit, establish permanent observer missions for the performance of the functions mentioned in Article 7. 3. The Organization shall notify the host state of the institution of a mission prior to its establishment.

Article 6

Functions of the permanent mission The functions of the permanent mission consist inter alia in: (a) ensuring the representation of the sending state to the Organization; (b) maintaining liaison between the sending state and the Organization; (c) negotiating with and within the Organization; (d) ascertaining activities in the Organization and reporting thereon to

the government of the sending state; (e) ensuring the participation of the sending state in the activities of the

Organization; (f) protecting the interests of the sending state in relation to the Organi

zation; (g) promoting the realization of the purposes and principles of the Organization by cooperating with and within the Organization.

Article 7 Functions of the permanent observer mission The functions of the permanent observer mission consist inter alia in: (a) ensuring the representation of the sending state and safeguarding its

interests in relation to the Organization and maintaining liaison with

it; (b) ascertaining activities in the Organization and reporting thereon to

the government of the sending state; (c) promoting cooperation with the Organization and negotiating with it.

Article 8
Multiple accreditation or appointment

1. The sending state may accredit the same person as head of mission to two or more international organizations or appoint a head of mission as a member of the diplomatic staff of another of its missions.

2. The sending state may accredit a member of the diplomatic staff of the mission as head of mission to other international organizations or appoint a member of the staff of the mission as a member of the staff of another of its missions. 3. Two or more states may accredit the same person as head of mission to the same international organization.

Article 9 Appointment of the members of the mission Subject to the provisions of Articles 14 and 73, the sending state may freely appoint the members of the mission.

Article 10

Credentials of the head of mission The credentials of the head of mission shall be issued by the head of state, by the head of government, by the Minister for Foreign Affairs or, if the rules of the Organization so permit, by another competent authority of the sending state and shall be transmitted to the Organization.

Article 11 Accreditation to organs of the Organization 1. A member state may specify in the credentials issued to its permanent representative that he is authorized to act as a delegate to one or more organs of the Organization. 2. Unless a member state provides otherwise its permanent representative may act as a delegate to organs of the Organization for which there are no special requirements as regards representation. 3. A non-member state may specify in the credentials issued to its permanent observer that he is authorized to act as an observer delegate to one or more organs of the Organization when this is permitted by the rules of the Organization or the organ concerned.

Article 12 Full powers for the conclusion of a treaty with the Organization 1. The head of mission, by virtue of his functions and without having to produce full powers, is considered as representing his state for the purpose of adopting the text of a treaty between that state and the organization. 2. The head of mission is not considered by virtue of his functions as representing his state for the purpose of signing a treaty, or signing a treaty ad referendum, between that state and the organization unless it appears from the practice of the Organization, or from other circumstances, that the intention of the parties was to dispense with full powers.

Article 13

Composition of the mission In addition to the head of mission, the mission may include diplomatic staff, administrative and technical staff and service staff.

Article 14

Size of the mission The size of the mission shall not exceed what is reasonable and normal, having regard to the functions of the Organization, the needs of the particular mission and the circumstances and conditions in the host state.

Article 15

Notifications 1. The sending state shall notify the Organization of: (a) the appointment, position, title and order of precedence of the mem

bers of the mission, their arrival, their final departure or the termination of their functions with the mission, and any other changes affecting their status that may occur in the course of their service

with the mission; (b) the arrival and final departure of any person belonging to the family

of a member of the mission and forming part of his household and, where appropriate, the fact that a person becomes or ceases to be such a member of the family;

(c) the arrival and final departure of persons employed on the private

staff of members of the mission and the termination of their employ

ment as such; (d) the beginning and the termination of the employment of persons

resident in the host state as members of the staff of the mission or as

persons employed on the private staff; (e) the location of the premises of the mission and of the private resi

dences enjoying inviolability under Articles 23 and 29, as well as any other information that may be necessary to identify such premises and residences.

2. Where possible, prior notification of arrival and final departure shall also be given. 3. The Organization shall transmit to the host state the notifications referred to in paragraphs 1 and 2 of this article. 4. The sending state may also transmit to the host state the notifications referred to in paragraphs 1 and 2 of this article.

Article 16

Acting head of mission If the post of head of mission is vacant, or if the head of mission is unable to perform his functions, the sending state may appoint an acting head of mission whose name shall be notified to the Organization and by it to the host

state.

Article 17

Precedence 1. Precedence among permanent representatives shall be determined by the alphabetical order of the names of the states used in the Organization. 2. Precedence among permanent observers shall be determined by the alphabetical order of the names of the states used in the Organization.

Article 18

Location of the mission Missions should be established in the locality where the Organization has its seat. However, if the rules of the Organization so permit and with the prior consent of the host state, the sending state may establish a mission or an office of a mission in a locality other than that in which the Organization has its seat.

Article 19

Use of flag and emblem 1. The mission shall have the right to use the flag and emblem of the sending state on its premises. The head of mission shall have the same right as regards his residence and means of transport. 2. In the exercise of the right accorded by this article regard shall be had to the laws, regulations and usages of the host state.

Article 20

General facilities 1. The host state shall accord to the mission all necessary facilities for the performance of its functions. 2. The Organization shall assist the mission in obtaining those facilities and shall accord to the mission such facilities as lie within its own competence.

Article 21
Premises and accommodation

1. The host state and the Organization shall assist the sending state in obtaining on reasonable terms premises necessary for the mission in the territory of the host state. Where necessary, the host state shall facilitate in accordance with its laws the acquisition of such premises. 2. Where necessary, the host state and the Organization shall also assist the mission in obtaining on reasonable terms suitable accommodation for its members.

Article 22 Assistance by the Organization in respect of privileges and immunities 1. The Organization shall, where necessary, assist the sending state, its mission and the members of its mission in securing the enjoyment of the privileges and immunities provided for under the present Convention. 2. The Organization shall, where necessary, assist the host state in securing the discharge of the obligations of the sending state, its mission and the members of its mission in respect of the privileges and immunities provided for under the present Convention.

Article 23

Inviolability of premises 1. The premises of the mission shall be inviolable. The agents of the host state may not enter them, except with the consent of the head of mission. 2. (a) The host state is under a special duty to take all appropriate steps to

protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or

impairment of its dignity. (b) In case of an attack on the premises of the mission, the host state

shall take all appropriate steps to prosecute and punish persons who

have committed the attack. 3. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.

Article 24

Exemption of the premises from taxation 1. The premises of the mission of which the sending state or any person acting on its behalf is the owner or the lessee shall be exempt from all national, regional or municipal dues and taxes other than such as represent payment for specific services rendered. 2. The exemption from taxation referred to in this article shall not apply to such dues and taxes payable under the law of the host state by persons contracting with the sending state or with any person acting on its behalf.

Article 25

Inviolability of archives and doc ents The archives and documents of the mission shall be inviolable at all times and wherever they may be.

Article 26

Freedom of movement Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the host state shall ensure freedom of movement and travel in its territory to all members of the mission and members of their families forming part of their households.

Article 27

Freedom of communication 1. The host state shall permit and protect free communication on the part of the mission for all official purposes. In communicating with the government of the sending state, its permanent diplomatic missions, consular posts, perma. nent missions, permanent observer missions, special missions, delegations and observer delegations, wherever situated, the mission may employ all appropriate means, including couriers and messages in code or cipher. However, the mission may install and use a wireless transmitter only with the consent of the host state. 2. The official correspondence of the mission shall be inviolable. Official

« ÎnapoiContinuați »