The Government of the Kingdom of the Netherlands
and
the United Nations University,
Recalling that the Netherlands is a party to the Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly of the United Nations on 13 February 1946;
Condisering that the said Convention is applicable to the United Nation University in accordance with Article XI of its
Charter;
Noting that the Council of the United Nations University decided at its 31st session
held in Brasilia from 26 to 30 July 1988 to establish the Institute for New Technologies
(INTECH) as a research and training centre of the University and to accept the offer
of the Government of the Netherlands to host the said Institute in Maastricht, the
Netherlands;
Considering that the Institute for New Technologies (INTECH) is part of the United
Nations University;
Desiring to ensure by means of a supplemental agreement to the said Convention that the Institute's legal status in the Netherlands, as well as the content of the
privileges and immunities and the measures for their implementation shall be satisfactorily
regulated;
Have agreed as follows:
In this Agreement:
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a. "the University" means the United Nations University, established by Resolution 2951
(XXVII) of the General Assembly of the United Nations of 11 December 1972;
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b. "Government" means the Government of the Netherlands;
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c. "the Institute" means the Institute for New Technologies, also to be known as INTECH,
a research and training centre of the University;
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d. "the Rector" means the Rector of the University and, during his absence, any official
designated to act on his behalf;
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e. "the Director" means the Director of the Institute or in his absence any official
designated to act on his behalf, to be notified to the Government by the Director;
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f. "appropriate authorities" means the national, regional or local authorities of the
Netherlands, as the context may require, in accordance with the law of the Netherlands;
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g. "premises of the Institute" means land, buildings and parts of buildings normally
occupied by the Institute for the fulfilment of its official functions;
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h. "official activities" means the Institute's activities pursuant to its Statute and
includes its administrative activities;
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i. "the Board" means the Board of the Institute as established under the Statute of the
Institute;
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j. "personnel of the Institute" means the Director and professional and administrative
personnel of the Institute;
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k. "experts" means persons appointed by or for the purpose of the Institute other than
personnel coming within the scope of sub-paragraph j.
The Institute shall have the legal status necessary for the realization of its purposes
and activities. It shall, in particular, have the capacity to enter into agreements,
contracts and arrangements, to acquire and dispose of immovable and movable property,
and institute legal proceedings.
The premises of the Institute shall be inviolable. Any person authorized to enter
any place under any legal provision or on the strength of the law shall not excercise
that authority in respect of the premises of the Institute unless permission to do
so has been given by or on behalf of the Director. Nothing in this Agreement shall
prevent the reasonable application by the appropriate authorities from taking measures
for the protection of the premises in case of fire or other emergencies requiring
prompt protective action.
In the other cases the Director or the person acting on his behalf shall give permission
if it is possible to do so without prejudice to the interests of the Institute.
Article IV.
Inviolability of archives
The archives of the Institute shall be inviolable.
The term "archives" includes all records, correspondence, documents, manuscripts,
photographs, films and recordings belonging to or held by the Institute, wherever
located.
Article V.
Immunity of the Institute
Article VI.
Communications
Article VII.
Publications
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1
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a. The Institute has the right to publish freely within the Netherlands in the fulfilment
of its purposes.
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b. It is, however, understood that the Institute shall respect the laws and regulations
of the Netherlands and the international conventions to which the Netherlands is a
party, relating to intellectual property.
Article VIII.
Exemption from taxes and duties
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1 The Institute, its assets, income and other property shall be exempt from all direct
taxes. Direct taxes include income tax, capital tax, corporation tax and direct taxes
levies by local authorities.
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3 The Institute shall be accorded a refund of value added tax paid on the supply of
goods or services of substantial value, necessary for the official activities of the
Institute with the exception of motor vehicles. In this connection it is envisaged
that claims for refund will be made only in respect of goods or services supplied
on a recurring basis or involving considerable expenditure such as the furnishings
of the premises of the Institute.
The Institute shall be accorded a refund of the excise duty element included in the
price of spirits and hydrocarbons such as fuel oils and motor fuels purchased by the
Institute and necessary for its official activities.
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4 Goods, including motor vehicles, whose import or export by the Institute is necessary
for the exercise of its official activities shall be exempt from all import duties
and taxes and from all prohibitions and restrictions on import or export.
Article IX.
Financial facilities
Article X.
Social security
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1 Provided the Institute establishes its own social security scheme or adheres to a
social security scheme, the Institute and the members of its personnel to whom the
aforementioned scheme applies shall be exempt from all compulsory contributions to
the Netherlands social security organisations. Consequently, they shall not be covered
against the risks described in the Netherlands social security regulations.
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2 The provisions of paragraph 1 shall apply mutatis mutandis to the spouse, children and other relatives belonging to the household of the persons
referred to in paragraph 1, unless they are employed or self-employed in the Netherlands
or receive Netherlands social security benefit.
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3 Any resident of the Netherlands who receives benefit under the Institute's social
security scheme as referred to in paragraph 1 may be exempted from the Netherlands
national insurance schemes by the "Sociale Verzekeringsbank" (Social Insurance Bank)
at his or her request, unless he or she is employed or self-employed in the Netherlands.
Article X.1.
Employment of Family Members of Offıcials
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3 Persons mentioned in paragraph 2 of this Article who obtain gainful employment shall
have no immunity from criminal, civil or administrative jurisdiction with respect
to matters arising in the course of or in connection with such employment, provided
that measures of execution are taken without infringing the inviolability of their
person or of their residence, if they are entitled to such inviolability.
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4 In case of the insolvency of a person aged under 18 with respect to a claim arising
out of gainful employment of that person under this Article, the immunity of the official
of whose family the person concerned is a member shall be waived by the Institute
for the purpose of settlement of the claim, in accordance with the provisions of the
applicable international legal instrument regarding waiver.
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5 The employment referred to in paragraph 1 of this Article shall be in accordance with
Netherlands legislation, including fiscal and social security legislation, unless
any other applicable international legal instrument provides otherwise.
Article XI.
Entry, stay and departure
Members of the Board shall enjoy, while exercising their functions and in the course
of their journeys to and from the place of meeting, the following privileges and immunities:
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a. immunity from personal arrest or detention;
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b. immunity from jurisdiction in respect of acts, including words written and spoken,
done by them in the exercise of their functions, even after they have ceased to be
members of the Board;
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c. inviolability for all their official papers and documents;
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d. the same facilities as regards monetary and exchange regulations and as regards their
personal luggage as are accorded to the officials of foreign governments on temporary
official missions.
In addition to the privileges and immunities of the personnel of the Institute, provided
for in this Agreement, the Director, and in his absence the official designated to
act on his behalf, shall enjoy the privileges and immunities to which a diplomatic
agent is entitled, unless in either case he is a Netherlands national or a permanent
resident of the Netherlands.
Article XIV.
Personnel of the Institute
The personnel of the Institute shall:
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a. have immunity from jurisdiction in respect of words spoken or written and all acts
performed by them in their official capacity, even after they have left the service
of the Institute;
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b. enjoy inviolability for all their official papers and documents;
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c. enjoy, together with the members of their families forming part of their households,
the same repatriation facilities in time of international crisis as diplomatic agents;
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d. be accorded the same treatment in respect of exchange facilities as is accorded by
the Netherlands to staff members of the United Nations;
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e. in accordance with the regulations in force have relief from import duties and taxes
(except payments for services) in respect of their furniture and personal effects,
including one motor vehicle, at the time of first taking up their post in the Netherlands
and the right on the termination of their functions in the Netherlands to export with
relief from duties and taxes their furniture and personal effects, subject, in both
cases, to the conditions agreed with the Government.
Article XV.
Registration, permits
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2 The personnel of the Institute and non-Netherlands members of their families forming
part of their households shall hold a personal identity card issued by the Institute
stating names, date and place of birth, nationality, number of passport (aliens only),
and bearing photograph and signature. The identity cards shall be authenticated by
the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
Experts other than the members of the personnel of the Institute referred to in Article
XIV, in the exercise of their functions in connection with the Institute or in carrying
out missions for the Institute, shall enjoy the following privileges and immunities,
to the extent that these are necessary for the exercise of their functions, including
during journeys made in the exercise of their functions and in the course of such
missions:
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a. immunity from personal arrest or detention;
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b. immunity from jurisdiction in respect of acts, including words written and spoken,
done by them in the exercise of their functions, even after they have ceased to be
employed by the Institute;
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c. inviolability for all their official papers and documents;
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d. the same facilities as regards monetary and exchange regulations and as regards their
personal luggage as are accorded to the officials of foreign governments on temporary
official missions.
Article XVII.
Taxation of income
Article XVIII.
Reporting on the personnel of the centre
Article XIX.
Purpose and scope of privileges and immunities
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2 The Director, on behalf of the Rector, has the right and the duty to waive such immunities
(other than his own and those of the members of the Board) in any case where the immunity
would impede the course of justice, and where it can be waived without prejudice to
the interests of the Institute. In respect of the Director and the members of the
Board the Rector has a similar right and duty.
The Institute shall submit to arbitration any dispute:
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a. arising out of contracts or other disputes of a private law character to which the
Institute is a party;
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b. involving a member of the personnel of the Institute or an expert, and in which the
person concerned can claim immunity from jurisdiction under Articles XIII, XIV a)
or XVI b) if this immunity is not waived in accordance with Article XIX, paragraph
2.
Article XXI.
Settlement of disputes
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1 Any dispute between the Parties concerning the interpretation or application of this
Agreement or of any supplemental 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 chairman.
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3 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.
Article XXII.
General provisions
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1 Without prejudice to the privileges and immunities accorded by this Agreement, it
is the duty of the Institute and of all persons enjoying such privileges and immunities
to observe the laws and regulations of the Netherlands. They also have a duty not
to interfere in the internal affairs of the Netherlands.