The States Parties to the present Agreement,
Considering that the United Nations Convention on the Law of the Sea establishes the International Tribunal for the Law of the Sea,
Recognizing that the Tribunal should enjoy such legal capacity, privileges and immunities
as are necessary for the exercise of its functions,
Recalling that the Statute of the Tribunal provides, in article 10, that the Members
of the Tribunal, when engaged on the business of the Tribunal, shall enjoy diplomatic
privileges and immunities,
Recognizing that persons participating in proceedings and officials of the Tribunal
should enjoy such privileges and immunities as are necessary for the independent exercise
of their functions in connection with the Tribunal,
For the purposes of this Agreement:
Article 2. Juridical personality of the Tribunal
The Tribunal shall possess juridical personality. It shall have the capacity:
Article 3. Inviolability of the premises of the Tribunal
The premises of the Tribunal shall be inviolable, subject to such conditions as may
be agreed with the State Party concerned.
Article 4. Flag and emblem
The Tribunal shall be entitled to display its flag and emblem at its premises and
on vehicles used for official purposes.
Article 5. Immunity of the Tribunal, its property, assets and funds
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1 The Tribunal shall enjoy immunity from legal process, except insofar as in any particular
case it has expressly waived its immunity.
It is, however, understood that no waiver of immunity shall extend to any measure
of execution.
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2 The property, assets and funds of the Tribunal, wherever located and by whomsoever
held, shall be immune from search, requisition, confiscation, seizure, expropriation
or any other form of interference, whether by executive, administrative, judicial
or legislative action.
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3 To the extent necessary to carry out its functions, the property, assets and funds
of the Tribunal shall be exempt from restrictions, regulations, controls and moratoria
of any nature.
The archives of the Tribunal, and all documents belonging to it or held by it, shall
be inviolable at all times and wherever they may be located. The State Party where
the archives are located shall be informed of the location of such archives and documents.
Article 7. Exercise of the functions of the Tribunal outside the Headquarters
In the event that the Tribunal considers it desirable to sit or otherwise exercise
its functions elsewhere than at its Headquarters, it may conclude with the State concerned
an arrangement concerning the provision of the appropriate facilities for the exercise
of its functions.
Article 8. Communications
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1 For the purposes of its official communications and correspondence, the Tribunal
shall enjoy in the territory of each State Party, insofar as is compatible with the
international obligations of the State concerned, treatment not less favourable than
that which the State Party accords to any intergovernmental organization or diplomatic
mission in the matter of priorities, rates and taxes applicable to mail and the various
forms of communication and correspondence.
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3 The Tribunal shall have the right to dispatch and receive correspondence and other
materials or communications by courier or in sealed bags, which shall have the same
privileges, immunities and facilities as diplomatic couriers and bags.
Article 9. Exemption from taxes, customs duties and import or export restrictions
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1 The Tribunal, its assets, income and other property, and its operations and transactions
shall be exempt from all direct taxes; it is understood, however, that the Tribunal
shall not claim exemption from taxes which are no more than charges for public utility
services.
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3 Goods imported or purchased under such an exemption shall not be sold or otherwise
disposed of in the territory of a State Party, except under conditions agreed with
the Government of that State Party. The Tribunal shall also be exempt from all customs
duties, import turnover taxes, prohibitions and restrictions on imports and exports
in respect of its publications.
Article 10. Reimbursement of duties and/or taxes
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1 The Tribunal shall not, as a general rule, claim exemption from duties and taxes
which are included in the price of movable and immovable property and taxes paid for
services rendered. Nevertheless, when the Tribunal for its official use makes major
purchases of property and goods or services on which duties and taxes are charged
or are chargeable, States Parties shall make appropriate administrative arrangements
for the exemption of such charges or reimbursement of the amount of duty and/or tax
paid.
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2 Goods purchased under such an exemption or reimbursement shall not be sold or otherwise
disposed of, except in accordance with the conditions laid down by the State Party
which granted the exemption or reimbursement. No exemption or reimbursement shall
be accorded in respect of charges for public utility services provided to the Tribunal.
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2 Where the incidence of any form of taxation depends upon residence, periods during
which such Members or officials are present in a State for the discharge of their
functions shall not be considered as periods of residence if such Members or officials
are accorded diplomatic privileges, immunities and facilities.
Article 12. Funds and freedom from currency restrictions
Article 13. Members of the Tribunal
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1 Members of the Tribunal shall, when engaged on the business of the Tribunal, enjoy
the privileges, immunities, facilities and prerogatives accorded to heads of diplomatic
missions in accordance with the Vienna Convention.
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2 Members of the Tribunal and members of their families forming part of their households
shall be accorded every facility for leaving the country where they may happen to
be and for entering and leaving the country where the Tribunal is sitting. On journeys
in connection with the exercise of their functions, they shall in all countries through
which they may have to pass enjoy all the privileges, immunities and facilities granted
by these countries to diplomatic agents in similar circumstances.
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3 If Members of the Tribunal, for the purpose of holding themselves at the disposal
of the Tribunal, reside in any country other than that of which they are nationals
or permanent residents, they shall, together with the members of their families forming
part of their households, be accorded diplomatic privileges, immunities and facilities
during the period of their residence there.
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4 Members of the Tribunal shall be accorded, together with members of their families
forming part of their households, the same repatriation facilities in time of international
crises as are accorded to diplomatic agents under the Vienna Convention.
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6 Paragraphs 1 to 5 of this article shall apply to Members of the Tribunal even after
they have been replaced if they continue to exercise their functions in accordance
with article 5, paragraph 3, of the Statute.
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7 In order to secure, for Members of the Tribunal, complete freedom of speech and independence
in the discharge of their functions, the immunity from legal process in respect of
words spoken or written and all acts done by them in discharging their functions shall
continue to be accorded, notwithstanding that the persons concerned are no longer
Members of the Tribunal or performing those functions.
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1 The Registrar shall, when engaged on the business of the Tribunal, be accorded diplomatic
privileges, immunities and facilities.
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2 Other officials of the Tribunal shall enjoy in any country where they may be on the
business of the Tribunal, or in any country through which they may pass on such business,
such privileges, immunities and facilities as are necessary for the independent exercise
of their functions. In particular, they shall be accorded:
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a) immunity from personal arrest or detention and from seizure of their personal baggage;
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b) 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 and to re-export the same free of
duty to their country of permanent residence;
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c) exemption from inspection of personal baggage, unless there are serious grounds for
believing that the baggage contains articles not for personal use or articles the
import or export of which is prohibited by the law or controlled by the quarantine
regulations of the State Party concerned; an inspection in such a case shall be conducted
in the presence of the official concerned;
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d) immunity from legal process in respect of words spoken or written and all acts done
by them in discharging their functions, which immunity shall continue even after they
have ceased to exercise their functions;
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e) immunity from national service obligations;
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f) together with members of their families forming part of their household, exemption
from immigration restrictions or alien registration;
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g) the same privileges in respect of currency and exchange facilities as are accorded
to the officials of comparable rank forming part of diplomatic missions to the Government
concerned;
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h) together with members of their families forming part of their household, the same
repatriation facilities in time of international crises as are accorded to diplomatic
agents under the Vienna Convention.
Experts appointed under article 289 of the Convention shall be accorded, during the period of their missions, including the time spent
on journeys in connection with their missions, such privileges, immunities and facilities
as are necessary for the independent exercise of their functions. In particular, they
shall be accorded:
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a) immunity from personal arrest or detention and from seizure of their personal baggage;
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b) exemption from inspection of personal baggage, unless there are serious grounds for
believing that the baggage contains articles not for personal use or articles the
import or export of which is prohibited by law or controlled by the quarantine regulations
of the State Party concerned; an inspection in such a case shall be conducted in the
presence of the expert concerned;
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c) immunity from legal process in respect of words spoken or written and acts done by
them in discharging their functions, which immunity shall continue even after they
have ceased to exercise their functions;
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d) inviolability of documents and papers;
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e) exemption from immigration restrictions or alien registration;
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f) the same facilities in respect of currency and exchange restrictions as are accorded
to representatives of foreign Governments on temporary official missions;
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g) such experts shall be accorded the same repatriation facilities in time of international
crises as are accorded to diplomatic agents under the Vienna Convention.
Article 16. Agents, counsel and advocates
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1 Agents, counsel and advocates before the Tribunal shall be accorded, during the period
of their missions, including the time spent on journeys in connection with their missions,
the privileges, immunities and facilities necessary for the independent exercise of
their functions. In particular, they shall be accorded:
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a) immunity from personal arrest or detention and from seizure of their personal baggage;
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b) exemption from inspection of personal baggage, unless there are serious grounds for
believing that the baggage contains articles not for personal use or articles the
import or export of which is prohibited by law or controlled by the quarantine regulations
of the State Party concerned; an inspection in such a case shall be conducted in the
presence of the agent, counsel or advocate concerned;
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c) immunity from legal process in respect of words spoken or written and all acts done
by them in discharging their functions, which immunity shall continue even after they
have ceased to exercise their functions;
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d) inviolability of documents and papers;
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e) the right to receive papers or correspondence by courier or in sealed bags;
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f) exemption from immigration restrictions or alien registration;
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g) the same facilities in respect of their personal baggage and in respect of currency
or exchange restrictions as are accorded to representatives of foreign Governments
on temporary official missions;
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h) the same repatriation facilities in time of international crises as are accorded to
diplomatic agents under the Vienna Convention.
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2 Upon receipt of notification from parties to proceedings before the Tribunal as to
the appointment of an agent, counsel or advocate, a certification of the status of
such representative shall be provided under the signature of the Registrar and limited
to a period reasonably required for the proceedings.
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4 Where the incidence of any form of taxation depends upon residence, periods during
which such agents, counsel or advocates are present in a State for the discharge of
their functions shall not be considered as periods of residence.
Article 17. Witnesses, experts and persons performing missions
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1 Witnesses, experts and persons performing missions by order of the Tribunal shall
be accorded, during the period of their missions, including the time spent on journeys
in connection with their missions, the privileges, immunities and facilities provided
for in article 15, subparagraphs a) to f).
Article 18. Nationals and permanent residents
Except insofar as additional privileges and immunities may be granted by the State
Party concerned, and without prejudice to article 11, a person enjoying immunities
and privileges under this Agreement shall, in the territory of the State Party of
which he or she is a national or permanent resident, enjoy only immunity from legal
process and inviolability in respect of words spoken or written and all acts done
by that person in the discharge of his or her duties, which immunity shall continue
even after the person has ceased to exercise his or her functions in connection with
the Tribunal.
Article 19. Respect for laws and regulations
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1 Privileges, immunities, facilities and prerogatives as provided for in articles 13
to 17 of this Agreement are granted not for the personal benefit of the individuals
themselves but in order to safeguard the independent exercise of their functions in
connection with the Tribunal.
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2 Without prejudice to their privileges and immunities, it is the duty of all persons
referred to in articles 13 to 17 to respect the laws and regulations of the State
Party in whose territory they may be on the business of the Tribunal or through whose
territory they may pass on such business. They also have a duty not to interfere in
the internal affairs of that State.
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1 Inasmuch as the privileges and immunities provided for in this Agreement are granted
in the interests of the good administration of justice and not for the personal benefit
of the individuals themselves, the competent authority has the right and the duty
to waive the immunity in any case where, in its opinion, the immunity would impede
the course of justice and can be waived without prejudice to the administration of
justice.
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2 For this purpose, the competent authority in the case of agents, counsel and advocates
representing or designated by a State which is a party to proceedings before the Tribunal
will be the State concerned. In the case of other agents, counsel and advocates, the
Registrar, experts appointed under article 289 of the Convention and witnesses, experts and persons performing missions, the competent authority will
be the Tribunal. In the case of other officials of the Tribunal, the competent authority
will be the Registrar, acting with the approval of the President of the Tribunal.
Article 21. Laissez-passer and visas
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2 Applications for visas (where required) from the Members of the Tribunal and the
Registrar shall be dealt with as speedily as possible. Applications for visas from
all other persons holding or entitled to hold laissez-passer referred to in paragraph
1 of this Article and from persons referred to in articles 16 and 17, when accompanied
by a certificate that they are travelling on the business of the Tribunal, shall be
dealt with as speedily as possible.
Article 22. Freedom of movement
No administrative or other restrictions shall be imposed on the free movement of Members
of the Tribunal, as well as other persons mentioned in articles 13 to 17, to and from
the Headquarters of the Tribunal or the place where the Tribunal is sitting or otherwise
exercising its functions.
Article 23. Maintenance of security and public order
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1 If the State Party concerned considers it necessary to take, without prejudice to
the independent and proper working of the Tribunal, measures necessary for the security
or for the maintenance of public order of the State Party in accordance with international
law, it shall approach the Tribunal as rapidly as circumstances allow in order to
determine by mutual agreement the measures necessary to protect the Tribunal.
Article 24. Cooperation with the authorities of States Parties
The Tribunal shall cooperate at all times with the appropriate authorities of States
Parties to facilitate the execution of their laws and to prevent any abuse in connection
with the privileges, immunities, facilities and prerogatives referred to in this Agreement.
Article 25. Relationship with special agreements
Insofar as the provisions of this Agreement and the provisions of any special agreement
between the Tribunal and a State Party relate to the same subject matter, the two
provisions shall, whenever possible, be treated as complementary, so that both provisions
shall be applicable and neither provision shall narrow the effect of the other; but
in case of conflict the provision of the special agreement shall prevail.
Article 26. Settlement of disputes
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2 All disputes arising out of the interpretation or application of this Agreement shall
be referred to an arbitral tribunal unless the parties have agreed to another mode
of settlement. If a dispute arises between the Tribunal and a State Party which is
not settled by consultation, negotiation or other agreed mode of settlement within
three months following a request by one of the parties to the dispute, it shall at
the request of either party be referred for final decision to a panel of three arbitrators:
one to be chosen by the Tribunal, one to be chosen by the State Party and the third,
who shall be Chairman of the panel, to be chosen by the first two arbitrators. If
either party has failed to make its appointment of an arbitrator within two months
of the appointment of an arbitrator by the other party, the Secretary-General of the
United Nations shall make such appointment. Should the first two arbitrators fail
to agree upon the appointment of the third arbitrator within three months following
the appointment of the first two arbitrators the third arbitrator shall be chosen
by the Secretary-General of the United Nations upon the request of the Tribunal or
the State Party.
This Agreement shall be open for signature by all States and shall remain open for
signature at United Nations Headquarters for twenty-four months from 1 July 1997.
This Agreement is subject to ratification. The instruments of ratification shall be
deposited with the Secretary-General of the United Nations.
This Agreement shall remain open for accession by all States. The instruments of accession
shall be deposited with the Secretary-General of the United Nations.
Article 30. Entry into force
Article 31. Provisional application
A State which intends to ratify or accede to this Agreement may at any time notify
the depositary that it will apply this Agreement provisionally for a period not exceeding
two years.
Article 32. Ad hoc application
Where a dispute has been submitted to the Tribunal in accordance with the Statute,
any State not a party to this Agreement which is a party to the dispute may, ad hoc
for the purposes and duration of the case relating thereto, become a party to this
Agreement by the deposit of an instrument of acceptance. Instruments of acceptance
shall be deposited with the Secretary-General of the United Nations and shall become
effective on the date of deposit.
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1 A State Party may, by written notification addressed to the Secretary-General of
the United Nations, denounce this Agreement. The denunciation shall take effect one
year after the date of receipt of the notification, unless the notification specifies
a later date.
The Secretary-General of the United Nations shall be the depositary of this Agreement.
Article 35. Authentic texts
The Arabic, Chinese, English, French, Russian and Spanish texts of this Agreement
are equally authentic.