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Gastlandverdrag tussen het Koninkrijk der Nederlanden en de Internationale Organisatie voor Ontwikkelingsrecht, 's-Gravenhage, 19-12-2013

Geldend van 10-04-2015 t/m heden

Gastlandverdrag tussen het Koninkrijk der Nederlanden en de Internationale Organisatie voor Ontwikkelingsrecht

Authentiek : EN

Host Country Agreement between the Kingdom of the Netherlands and the International Development Law Organization

The Kingdom of the Netherlands

and

the International Development Law Organization (hereinafter referred to as “the Parties”),

Bearing in mind the policy of the Kingdom of the Netherlands to promote the development of the international legal order;

Welcoming the wish of the International Development Law Organization (IDLO) to establish an office in the Netherlands;

Noting that IDLO was established as an intergovernmental organization at Rome, Italy, on February 5, 1988;

Noting that the Governance Documents of IDLO, as most recently amended on December 13, 2012, were adopted by its Assembly of Parties;

Desiring to lay down conditions concerning the privileges, immunities, facilities, and services of and related to IDLO in the territory of the Host Country as are necessary for the fulfillment of IDLO’s purposes;

Have agreed as follows:

Article 1. Definitions

For the purpose of this Agreement,

  • 1. “Agreement” means this Host Country Agreement between the Kingdom of the Netherlands and the International Development Law Organization;

  • 2. “Government” means the Government of the Kingdom of the Netherlands;

  • 3. “Competent authorities” means national, provincial, municipal and other official authorities under the laws, regulations and customs of the host State;

  • 4. “Organization” or “IDLO” means the International Development Law Organization;

  • 5. “Host Country” means the Kingdom of the Netherlands;

  • 6. “Host Country Office” means the IDLO Office in the Netherlands;

  • 7. “Director-General” means the Director-General of the Organization and during his or her absence, any other Official specifically designated to act on his or her behalf;

  • 8. “Head of Office” means the IDLO Official who has been designated to represent the Director-General in the Host Country;

  • 9. “Officials” means persons, however denominated and at whatever level of seniority, including the Director-General, who undertake one or more of the Organization’s core day-to-day functions and who are not paid hourly rates;

  • 10. “Experts” means persons who are appointed to support the work of the Organization and its Officials on one or more specific tasks or projects with specialized skills;

  • 11. “Interns” means all those persons employed by the Organization on a temporary unsalaried basis who may or may not receive a stipend, and therefore encompass pro bono consultants, persons similarly situated, and anyone seconded to IDLO where the sending party is responsible for paying the individual’s salary;

  • 12. “Employees” means all those persons holding an employment contract with the Organization, including Officials, Experts, Interns, and persons paid hourly rates;

  • 13. “Emoluments” means all sums in respect of employment by the Organization paid to, vested in, or accruing to an Official or Expert in any form whatsoever;

  • 14. “Family members forming part of the household” means:

    • i) the spouse of the person concerned;

    • ii) the partner of the person concerned if the two persons have officially registered their relationship in the Host Country or in a third State if that registration is acceptable for the Host Country;

    • iii) a person comparable to a spouse, i.e., a person who continuously shares a household and cohabits in a relationship resembling marriage with the person concerned;

    • iv) children of the person concerned or a person defined in sub-paragraphs i, ii or iii of this Article, who form part of his or her household and who are under the age of 18 years or who are between the ages of 18 and 27 and who are engaged in full-time study in the Netherlands and/or dependent on his or her care or who are disabled;

  • 15. “Premises” means the building, or part thereof, including installations, facilities, and any ancillary land made available to, maintained, or occupied or used by IDLO in connection with its functions and purposes;

  • 16. “Property” means all property (be it material, real, or intellectual), assets, and funds belonging to the Organization or held or administered by the Organization in furtherance of its functions;

  • 17. “Regulations” means the IDLO Staff Rules and Regulations, dated March 23, 2011; the IDLO Personnel Handbook, dated January 1, 2011; the IDLO Code of Conduct (undated); and all Policies and Administrative Notices issued by the Director-General; any of which may be amended and/or retitled from time to time; and

  • 18. “Organs of IDLO” means the Governing Bodies of the Organization, including but not limited to the Assembly of Parties, the Standing Committee, the Board of Advisors, and the Audit and Finance Committee.

Article 2. Purpose

This Agreement shall regulate matters relating to or arising out of the establishment and the proper functioning of IDLO in the Host Country. It shall, inter alia, create conditions conducive to the stability and independence of the Organization and facilitate its smooth and efficient functioning.

Article 3. Legal status and juridical personality

The Government recognizes IDLO as an Intergovernmental Organization with legal personality and the capacity to perform legal acts required for the performance of its functions. This shall, in particular, include the capacity:

  • a) to contract;

  • b) to acquire and dispose of movable and immovable property;

  • c) to participate in legal proceedings.

Article 4. Inviolability of the premises

  • 1 The premises of IDLO shall be inviolable. The competent authorities shall ensure that the Organization is not dispossessed or deprived of all or any part of its premises without its proper consent. Judicial actions and the service and execution of all forms of legal process, including the seizure of private property, cannot be enforced on the premises of IDLO except with the consent and in accordance with conditions approved by the Head of Office.

  • 2 In case of fire, or other emergency of a similar nature requiring prompt protective action or in the event that the competent authorities have reasonable cause to believe that such an emergency has occurred or is about to occur on the premises, the consent by the Head of Office or another Official of the Organization so designated by him or her, to any necessary entry into the premises shall be presumed if neither of them can be contacted in time.

Article 5. Protection of the premises

  • 1 The Host Country shall exercise due diligence to ensure that the security and tranquility of the premises are not impaired by any person or group(s) of persons attempting unauthorized entry into or on to the premises or creating disturbances in the immediate vicinity. As may be required for this purpose, the Host Country shall provide adequate police protection on the boundaries and in the vicinity of the Organization's premises.

  • 2 IDLO shall provide the competent authorities with all information relevant to the security and protection of the premises.

Article 6. Public services for the premises

  • 1 The competent authorities shall secure, upon request of the Head of Office or another Official to whom such tasks are delegated, on fair and equitable conditions the public services required by IDLO, such as, but not limited to, postal, telephone, internet, telegraphic sources, any means of communication, electricity, water, gas, sewage, waste collection, fire protection, and cleaning of public streets.

  • 2 In case of interruption or threatened interruption of any such services, the Organization shall be accorded the priority given to essential agencies and organs of the Government and the competent authorities shall act accordingly to ensure that the work of the Organization is not prejudiced.

Article 7. Law and authority on the premises

  • 1 The premises shall be under the control and authority of IDLO as provided for in this Agreement.

  • 2 Except as otherwise provided in this Agreement and in the IDLO governance documents and the Organization’s regulations and staff rules promulgated thereunder concerning employment conditions of Officials, the laws and regulations of the Host Country shall apply on the premises. IDLO shall inform the Government of any such existing regulations and rules and promptly advise the Government of any newly adopted regulations and rules.

  • 3 IDLO may display such signs, plaques, flags, and emblems on the premises as it deems appropriate.

  • 4 IDLO may expel or exclude persons from the premises for violation of its Regulations.

Article 8. Facilities and immunities in respect of communications

  • 1 The Government shall permit IDLO to communicate freely and without a need for special permission, for all official purposes and shall protect the right of the Organization to do so.

  • 2 No censorship shall be applied to the official communications or correspondence of IDLO, whether in physical or digital form or in any other electronic format.

Article 9. Inviolability of archives

The archives of the Organization, and all papers and documents in whatever form and materials being sent from or to the Organization, held by the Organization or belonging to it, wherever located and by whomsoever held, shall be inviolable.

Article 10. Freedom of financial assets from restrictions

The Organization may purchase, receive, convert and hold any kind of funds, currency, cash or securities. It may use or dispose of them freely for any purpose in accordance with its official activities and hold accounts in any currency to the extent required to meet its obligations.

Article 11. Funds, assets, and other property

  • 1 IDLO, its funds, assets, and other property, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process and execution in the Host Country, except insofar as in any particular case the Organization has expressly waived its immunity. It is understood, however, that no waiver of immunity shall extend to any measure of execution.

  • 2 Funds, assets, and other property of the Organization, wherever located and by whomsoever held, shall be immune from search, seizure, requisition, confiscation, expropriation, and any other form of interference, whether by executive, administrative, judicial, or legislative action.

  • 3 To the extent necessary to carry out the functions of the Organization, funds, assets, and other property of IDLO, wherever located and by whomsoever held, shall be exempt from restrictions, regulations, control, or moratoria of any nature.

Article 12. Exemption of the Organization and its property from taxes and duties

  • 1 Within the scope of its official activities, IDLO, its assets, income, and other property shall be exempt from all direct taxes levied by the competent authorities.

  • 2 Within the scope of its official activities, IDLO shall be exempt from:

    • a) import and export taxes and duties (“belastingen bij invoer en uitvoer”);

    • b) motor vehicle tax (“motorrijtuigenbelasting”, “MRB”);

    • c) tax on passenger motor vehicles and motor cycles (“belasting van personenauto's en motorrijwielen”, “BPM”);

    • d) value added tax (“omzetbelasting”, “BTW”) paid on goods and services supplied on a recurring basis or involving considerable expenditure;

    • e) excise duties (“accijnzen”) included in the price of alcoholic beverages and hydrocarbons such as fuel oils and motor fuels;

    • f) real property transfer tax (“overdrachtsbelasting”);

    • g) insurance tax (“assurantiebelasting”);

    • h) energy tax (“regulerende energiebelasting”, “REB”);

    • i) tax on water mains (“belasting op leidingwater”, “BOL”);

    • j) any other taxes and duties of a substantially similar character as the taxes provided for in this paragraph, imposed by the Government subsequent to the date of signature of this Agreement.

  • 3 The exemptions provided for in paragraph 2, sub-paragraphs d), e), f), g), h) and i) of this Article may be granted by way of a refund.

  • 4 Goods acquired or imported under the terms set out in paragraph 2 above shall not be sold, loaned, given away, or otherwise disposed of, except in accordance with conditions agreed upon with the Government.

  • 5 No exemption shall be granted in respect of taxes and duties which represent charges for specific public services rendered.

Article 13. Entry, stay and departure

  • 1 The Government shall facilitate, if required, the entry, stay, and departure for purposes of official business of the persons listed below and family members forming part of the household:

    • a) members of the Assembly of Parties;

    • b) members of the Board of Advisors;

    • c) members of the Standing Committee;

    • d) members of the IDLO International Advisory Board and any other organs of IDLO not reflected above;

    • e) the Director-General;

    • f) the Head of Office;

    • g) Officials, Experts, and Interns of IDLO;

    • h) other persons invited to the Host Country Office or to meetings of IDLO upon request of the Head of Office or the Director-General.

  • 2 This Article shall not prevent the requirement of reasonable evidence to be provided by IDLO to establish that persons claiming the treatment provided for in this Article fall under one of the categories in paragraph 1 above.

  • 3 Visas which may be required by persons referred to in this Article shall be granted without charge and as promptly as possible.

  • 4 All aforementioned persons entitled to privileges and immunities shall enjoy them from the moment they enter the territory of the Kingdom of the Netherlands to take up their posts or to undertake official IDLO-related duties and shall come to an end within a reasonable period after the expiry or termination of their contracts of employment or completion of their IDLO-related duties.

Article 14. Privileges, immunities, and facilities of members of the Assembly of Parties and other organs of IDLO

  • 1 Representatives of Parties who are members of the IDLO Assembly of Parties shall enjoy, while exercising their functions within the Host Country, the privileges (except for the financial and fiscal privileges), immunities and facilities accorded to heads of diplomatic missions accredited to the Kingdom of The Netherlands in accordance with the Vienna Convention on Diplomatic Relations of 18 April 1961.

  • 2 Members of other Organs of IDLO shall enjoy, while exercising their functions within the Host Country, the following privileges, immunities, and facilities:

    • a) immunity from legal process of any kind in respect of words spoken or written, and all acts performed by them in the exercise of their official functions;

    • b) inviolability of their official papers, documents, and other official materials;

    • c) the same facilities as regards monetary and exchange regulations and as regards their personal luggage as are accorded to foreign government officials on temporary official mission.

  • 3 Persons covered by this Article shall not be subjected by the Host Country to any measure which may affect the free and independent performance of their official functions.

Article 15. Privileges, immunities, and facilities of Officials and Experts of IDLO

  • 1 Officials of IDLO shall enjoy within the Host Country the following privileges and immunities:

    • a) immunity from legal process of any kind in respect of words spoken or written, and all acts performed by them in the exercise of their official functions;

    • b) immunity from seizure and inspection of official baggage;

    • c) exemption from taxation on salaries, emoluments, and allowances earned in respect of their employment with IDLO;

    • d) exemption from any form of direct taxation on income derived from sources outside the Host Country;

    • e) exemption, with respect to themselves, and family members forming part of the household, from immigration restrictions and alien registration;

    • f) freedom to acquire and maintain within the Host Country or elsewhere foreign currency accounts and other movable property, and under the same conditions applicable to nationals of the Host Country, immovable property; and upon the termination of their employment with the Organization to take their funds out of the Host Country through authorized channels without prohibitions or restrictions;

    • g) the same protection and repatriation facilities with regard to themselves and family members forming part of the household, as accorded in time of international crisis to members having comparable rank of the staff of diplomatic missions established in the Kingdom of the Netherlands;

    • h) exemption from import taxes and duties, in respect of their furniture and personal effects, at the time of first taking up their position in The Netherlands; however no exemption shall be accorded in respect of taxes and duties which represent charges for specific services.

  • 2 In addition to the privileges, immunities, and facilities listed in paragraph 1 of this Article, the Director-General and the Head of Office, together with family members forming part of their household who are not nationals or permanent residents in the Kingdom of the Netherlands, shall be accorded the same privileges, immunities, and facilities as the Government accords to the heads of diplomatic missions established in the Kingdom of the Netherlands.

  • 3 In addition to the privileges, immunities, and facilities listed in paragraph 1 of this Article, other Officials than those referred to in paragraph 2, together with their family members forming part of their household who are not nationals or permanent residents in the Kingdom of the Netherlands, shall be accorded the same privileges, immunities, and facilities as the Government accords to diplomatic agents or administrative and technical staff of comparable rank of the diplomatic missions established in the Kingdom of the Netherlands, except that immunity from criminal jurisdiction and personal inviolability shall not extend to acts performed outside the course of their official duties.

  • 4 Experts shall enjoy within the Host Country the following privileges and immunities insofar as they may be necessary for the effective exercise of their functions in connection with service on such missions, committees, or other subsidiary bodies, and during attendance at such meetings:

    • a) immunity from legal process of any kind in respect of words spoken or written, and of acts performed by them in the exercise of their official functions;

    • b) immunity from personal arrest or detention and from seizure of their personal baggage;

    • c) inviolability of their official papers, documents, and other official materials;

    • d) the same immunities and facilities with respect to their personal luggage as are accorded to members having comparable rank of the staff of diplomatic missions established in the Kingdom of the Netherlands;

    • e) the same privileges with respect to currency and exchange restrictions as are accorded to representatives of foreign governments on temporary official mission; and

    • f) exemption from immigration restrictions.

  • 5 Where the incidence of any form of taxation depends upon residence, periods during which the Officials and Experts are present in the Host Country for the discharge of their functions shall not be considered as periods of residence.

  • 6 The Host Country shall not be obliged to exempt from income tax pensions or annuities paid to former Officials and Experts and members of their family forming part of the household.

  • 7 Officials of IDLO who are nationals or permanent residents of the Host Country shall only enjoy within the Host Country the following privileges, immunities, and facilities to the extent necessary for the independent performance of their functions:

    • a) exemption from taxation on salaries, emoluments, and allowances paid to them in respect of their employment with IDLO;

    • b) the right to import free of duties and taxes, except payments for services, their furniture and effects at the time of first taking up their post in the Host Country;

    • c) immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity for IDLO; and

    • d) inviolability of all papers, documents, in whatever form, and materials relating to the performance of their functions for IDLO.

  • 8 Experts of IDLO who are nationals or permanent residents of the Host Country shall only enjoy within the Host Country the following privileges, immunities, and facilities to the extent necessary for the independent performance of their functions:

    • a) immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity for IDLO; and

    • b) inviolability of all papers, documents, in whatever form, and materials relating to the performance of their functions for IDLO.

Article 16. Interns

  • 1 Within 8 business days of an intern’s arrival in the Host Country, IDLO shall request the Government to register them in accordance with paragraph 2 of this Article.

  • 2 The Government shall register interns for a maximum period of one year, provided that IDLO supplies a declaration signed by them, accompanied by adequate proof, to the effect that:

    • a) interns entered the Host Country in accordance with the applicable immigration procedures;

    • b) interns have sufficient financial means for living expenses and for repatriation, as well as sufficient medical insurance (including coverage of costs of hospitalization for at least the duration of the internship plus one month), and third-party liability insurance, and shall not be a charge on the public purse in the Host Country;

    • c) interns shall not engage in gainful employment in the Host Country during their internship other than as interns for IDLO;

    • d) interns shall not bring any family members to reside with them in the Host Country other than in accordance with the applicable immigration procedures;

    • e) non-local Interns, who are not otherwise permitted to stay in the Host Country, shall leave the Host Country within fifteen calendar days after the end of the internship.

  • 3 Upon registration of the intern in accordance with paragraph 2 of this Article, the Government shall issue an identity card to the intern.

  • 4 IDLO shall not incur liability for damage resulting from non-fulfillment of the conditions of the declaration referred to in paragraph 2 of this Article by interns registered in accordance with that paragraph.

  • 5 Interns shall not enjoy within the Host Country any privileges, immunities, and facilities, except:

    • a) Immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity for IDLO; and

    • b) Inviolability of all papers, documents, in whatever form, and materials relating to the performance of their functions for IDLO.

  • 6 IDLO shall notify the Government of the final departure of the intern from IDLO within 8 business days after such departure, and shall at the same time return the intern's identity card.

Article 17. Personnel recruited locally and not otherwise covered by this Agreement

Personnel recruited locally and assigned to hourly rates by IDLO and not otherwise covered by this Agreement shall be accorded immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity for the Organization. The terms and conditions of employment of such individuals shall be in accordance with the relevant Regulations of the Organization.

Article 18. Exceptions to immunities

The immunity granted to persons mentioned in Article 14, paragraph 1; Article 15, paragraphs 1 to 4 and paragraph 7; Article 16, paragraph 5; and Article 17, shall not extend to any civil action by a third party for damages, including personal injury or death, arising from a traffic accident caused by any such person.

Article 19. Protection of personnel

The Government shall, if so requested by the Head of Office, take all reasonable steps to ensure the necessary safety and protection of the persons mentioned in this Agreement whose security is endangered due to their services to IDLO within the Host Country.

Article 20. Notification

  • 1 IDLO shall promptly notify the Government of:

    • a) the list of members of each Organ of IDLO and shall revise such list from time to time as may be necessary;

    • b) the appointment of Officials, their arrival and their final departure, or the termination of their employment with IDLO;

    • c) the arrival and final departure of family members forming part of the household of Officials and, where appropriate, the fact that a person has ceased to form part of a household.

  • 2 The Government shall issue an identification card which shall serve to identify the holder in relation to the Host Country authorities to the following persons:

    • a) the Officials of IDLO who are assigned to serve in the Netherlands as well as the Director-General and Deputy-Director-General;

    • b) the Official’s family members forming part of the household who are not nationals of The Netherlands. The children of European Union nationals in the age group up to and including 14 years have to be registered with the Government, but are excluded from receiving the identification card.

  • 3 IDLO shall promptly return the Official’s identification card upon termination of his or her employment for IDLO.

Article 21. Social security

Officials of the Organization who are assigned to serve in the Netherlands shall be covered by appropriate social security arrangements made by the Organization and shall be exempt from any social security scheme established by the law of the Kingdom of the Netherlands, unless the Officials to whom the aforementioned scheme applies take up gainful activity in the Netherlands.

Article 22. Employment

An Official’s family members forming part of the household who are not nationals of a European Union member State shall be granted working permits for the duration of the employment of the Official with IDLO in the Host Country.

Article 23. Waiver of immunities

  • 1 Privileges and immunities are granted to IDLO Employees in the interest of IDLO and not for the personal benefit of the individuals themselves. The Director-General shall have the right and the duty to waive the immunity of any person mentioned in Articles 15, 16, and 17 in any case where, in his or her opinion, the immunity would impede the cause of justice and can be waived without prejudice to the Organization. The IDLO Assembly of Parties shall have the right to waive the immunity of the Director-General.

  • 2 Consistent with its privileges and immunities, IDLO shall cooperate at all times with the appropriate authorities of the Host Country to facilitate the proper administration of justice and shall not abuse any of the privileges and immunities granted to it under this Agreement.

Article 24. Settlement of disputes

  • 1 IDLO shall make provision for appropriate modes of settlement of:

    • a) disputes arising out of contracts and other disputes of a private law character to which IDLO is a party;

    • b) disputes involving an Official or Expert of IDLO who, by reason of his or her official position, enjoys immunity, if such immunity has not been waived.

  • 2 Any dispute between the Parties concerning the interpretation or application of this Agreement, which cannot be settled amicably, shall be submitted, at the request of either Party to the dispute, to an arbitral tribunal, composed of three members. Each Party shall appoint one arbitrator and the two arbitrators thus appointed shall together appoint a third arbitrator as their chairperson. If one of the Parties fails to appoint its arbitrator and has not proceeded to do so within two months after an invitation from the other Party to make such an appointment, the other Party may request the President of the International Court of Justice to make the necessary appointment. If the two arbitrators are unable to reach agreement, in the two months following their appointment, on the choice of the third arbitrator, either Party may invite the President of the International Court of Justice to make the necessary appointment. The Parties shall draw up a special agreement determining the subject of the dispute. Failing the conclusion of such an agreement within a period of two months from the date on which arbitration was requested, the dispute might be brought before the arbitral tribunal upon application of either Party.

  • 3 Unless the Parties decide otherwise, the arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its decision by a majority of votes on the basis of the applicable rules of international law. The decision shall be final and binding on the Parties to the dispute, even if rendered in default of one of the Parties to the dispute. The costs of the arbitral tribunal shall be shared equally between IDLO and the Host Country, unless the arbitral tribunal determines otherwise.

Article 25. Interpretation of the Agreement

This Agreement shall be interpreted in light of its primary purpose of enabling IDLO through opening and maintaining its office in the Host Country to fully and efficiently discharge its responsibilities and fulfill its purposes.

Article 26. Termination and amendments of the Agreement

  • 1 This Agreement shall cease to be in force by mutual consent of the Parties, except for such provisions as may be applicable in connection with the orderly termination of the operations of the Host Country Office and the disposition of its property therein.

  • 2 This Agreement may be amended by mutual written consent by the Parties at any time.

Article 27. Application

With respect to the Kingdom of the Netherlands, this Agreement shall apply to the part of the Kingdom in Europe only.

Article 28. Entry into force

This Agreement shall enter into force, with retroactive effect as of 1 September 2013, on the first day of the month after both Parties have notified each other in writing that the legal requirements for the entry into force have been complied with.

IN WITNESS WHEREOF, the undersigned, duly authorized thereto, have signed this Agreement.

DONE at The Hague on 19 December 2013 in duplicate in the English language.

For the Kingdom of the Netherlands

LILIANNE PLOUMEN

For the International Development Law Organization

IRENE KAHN