Section 1
In this Agreement:
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(i) The expression “the Agency” means the International Atomic Energy Agency;
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(ii) For the purposes of Article III, the words “property and assets” shall also include
property and funds in the custody of the Agency or administered by the Agency in furtherance
of its statutory functions;
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(iii) For the purposes of Articles V and VIII, the expression “representatives of Members”
shall be deemed to include all Governors, representatives, alternates, advisers, technical
experts and secretaries of delegations;
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(iv) In sections 12, 13, 14 and 27, the expression “meetings convened by the Agency” means
meetings:
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(1) of its General Conference and of its Board of Governors;
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(2) of any international conference, symposium, seminar or panel convened by it; and
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(3) of any committee of any of these bodies;
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(v) For the purposes of Articles VI and IX, the expression “officials of the Agency” means
the Director General and all members of the staff of the Agency except those who are
locally recruited and assigned to hourly rates.
Article II. Juridical Personality
Section 2
The Agency shall possess juridical personality. It shall have the capacity (a) to
contract, (b) to acquire and dispose of immovable and movable property and (c) to
institute legal proceedings.
Article III. Property, Funds and Assets
Section 3
The Agency, its property and assets, wherever located and by whomsoever held, shall
enjoy immunity from every form of legal process except in so far 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.
Section 4
The premises of the Agency shall be inviolable. The property and assets of the Agency,
wherever located and by whomsoever held, shall be immune from search, requisition,
confiscation, expropriation and any other form of interference, whether by executive,
administrative, judicial or legislative action.
Section 5
The archives of the Agency, and in general all documents belonging to it or held by
it, shall be inviolable, wherever located.
Section 6
Without being restricted by financial controls, regulations or moratoria of any kind:
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(a) The Agency may hold funds, gold or currency of any kind and operate accounts in any
currency;
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(b) The Agency may freely transfer its funds, gold or currency from one country to another
or within any country and convert any currency held by it into any other currency.
Section 7
The Agency shall, in exercising its rights under section 6, pay due regard to any
representations made by the Government of any State party to this Agreement in so
far as it is considered that effect can be given to such representations without detriment
to the interests of the Agency.
Section 8
The Agency, its assets, income and other property shall be:
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(a) Exempt from all direct taxes; it is understood, however, that the Agency will not
claim exemption from taxes which are, in fact, no more than charges for public utility
services;
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(b) Exempt from customs duties and prohibitions and restrictions on imports and exports
in respect of articles imported or exported by the Agency for its official use; it
is understood, however, that articles imported under such exemption will not be sold
in the country into which they were imported except under conditions agreed to with
the Government of that country.
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(c) Exempt from duties and prohibitions and restrictions on imports and exports in respect
of its publications.
Section 9
While the Agency will not, as a general rule, claim exemption from excise duties and
from taxes on the sale of movable and immovable property which form part of the price
to be paid, nevertheless when the Agency is making important purchases for official
use of property on which such duties and taxes have been charged or are chargeable,
States parties to this Agreement will, whenever possible, make appropriate administrative
arrangements for the remission or return of the amount of duty or tax.
Article IV. Facilities in respect of communications
Section 10
The Agency shall enjoy, in the territory of each State party to this Agreement and
as far as may be compatible with any international conventions, regulations and arrangements
to which that State is a party, for its official communications, treatment not less
favourable than that accorded by the Government of such a State to any other Government,
including the latter's diplomatic mission, in the matter of priorities, rates and
taxes for posts and telecommunications, and press rates for information to the press
and radio.
Section 11
No censorship shall be applied to the official correspondence and other official communications
of the Agency.
The Agency shall have the right to use codes and to dispatch and receive correspondence
and other official communications by courier or in sealed bags, which shall have the
same immunities and privileges as diplomatic couriers and bags.
Nothing in this section shall be construed to preclude the adoption of appropriate
security precautions to be determined by agreement between a State party to this Agreement
and the Agency.
Article V. Representatives of Members
Section 12
Representatives of Members at meetings convened by the Agency shall, while exercising
their functions and during their journeys to and from the place of meeting, enjoy
the following privileges and immunities:
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(a) Immunity from personal arrest or detention and from seizure of their personal baggage,
and in respect of words spoken or written and all acts done by them in their official
capacity, immunity from legal process of every kind;
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(b) Inviolability for all papers and documents;
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(c) The right to use codes and to receive papers or correspondence by courier or in sealed
bags;
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(d) Exemption in respect of themselves and their spouses from immigration restrictions,
aliens' registration or national service obligations in the State which they are visiting
or through which they are passing in the exercise of their functions;
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(e) The same facilities in respect of currency or exchange restrictions as are accorded
to representatives of foreign Governments on temporary official missions;
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(f) The same immunities and facilities in respect of their personal baggage as are accorded
to members of comparable rank of diplomatic missions.
Section 13
In order to secure for the representatives of Members of the Agency at meetings convened
by the Agency complete freedom of speech and complete independence in the discharge
of their duties, the immunity from legal process in respect of words spoken or written
and all acts done by them in discharging their duties shall continue to be accorded,
notwithstanding that the persons concerned are no longer engaged in the discharge
of such duties.
Section 14
Where the incidence of any form of taxation depends upon residence, periods during
which the representatives of Members of the Agency at meetings convened by the Agency
are present in a Member State for the discharge of their duties shall not be considered
as periods of residence.
Section 15
Privileges and immunities are accorded to the representatives of Members, not for
the personal benefit of the individuals themselves, but in order to safeguard the
independent exercise of their functions in connexion with the Agency. Consequently,
a Member not only has the right but is under a duty to waive the immunity of its representatives
in any case where, in the opinion of the Member, the immunity would impede the course
of justice, and where it can be waived without prejudice to the purpose for which
the immunity is accorded.
Section 16
The provisions of sections 12, 13 and 14 are not applicable in relation to the authorities
of a State of which the person is a national or of which he is or has been a representative.
Section 17
The Agency shall from time to time make known to the Governments of all States parties
to this Agreement the names of the officials to whom the provisions of this Article
and of Article IX apply.
Section 18
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(a) Officials of the Agency shall:
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(i) Be immune from legal process in respect of words spoken or written and all acts performed
by them in their official capacity;
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(ii) Enjoy the same exemptions from taxation in respect of the salaries and emoluments
paid to them by the Agency and on the same conditions as are enjoyed by officials
of the United Nations;
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(iii) Be immune, together with their spouses and relatives dependent on them, from immigration
restrictions and alien registration;
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(iv) Be accorded the same privileges in respect of exchange facilities as are accorded
to officials of comparable rank of diplomatic missions;
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(v) Be given, together with their spouses and relatives dependent on them, the same repatriation
facilities in time of international crises as officials of comparable rank of diplomatic
missions;
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(vi) Have 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.
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(b) Officials of the Agency shall, while exercising the functions of an inspector under
Article XII of the Statute of the Agency or those of a project examiner under Article XI thereof, and while travelling in their official capacity en route to and from the performance
of these functions, enjoy all the additional privileges and immunities set forth in
Article VII of this Agreement so far as is necessary for the effective exercise of
such functions.
Section 19
The officials of the Agency shall be exempt from national service obligations, provided
that, in relation to the States of which they are nationals, such exemption shall
be confined to officials of the Agency whose names have, by reason of their duties,
been placed upon a list compiled by the Director General of the Agency and approved
by the State concerned. Should other officials of the Agency be called up for national
service, the State concerned shall, at the request of the Agency, grant such temporary
deferments in the call-up of such officials as may be necessary to avoid interruption
in the continuation of essential work.
Section 20
In addition to the privileges and immunities specified in sections 18 and 19 above,
the Director General of the Agency, including any official acting on his behalf during
his absence from duty, shall be accorded on behalf of himself, his spouse and minor
children, the privileges and immunities, exemptions and facilities accorded to diplomatic
envoys on behalf of themselves, their spouses and minor children, in accordance with
international law. The same privileges and immunities, exemptions and facilities shall
also be accorded to a Deputy Director General or official of equivalent rank of the
Agency.
Section 21
Privileges and immunities are granted to officials in the interest of the Agency only
and not for the personal benefit of the individuals themselves. The Agency shall have
the right and the duty to waive the immunity of any official in any case where, in
its opinion, the immunity would impede the course of justice and can be waived without
prejudice to the interests of the Agency.
Section 22
The Agency shall co-operate at all times with the appropriate authorities of Member
States to facilitate the proper administration of justice, secure the observance of
police regulations and prevent the occurrence of any abuses in connexion with the
privileges, immunities and facilities mentioned in this Article.
Article VII. Experts on missions for the Agency
Section 23
Experts (other than officials coming within the scope of Article VI) serving on committees
of the Agency or performing missions for the Agency, including missions as inspectors
under Article XII of the Statute of the Agency and as project examiners under Article XI thereof, shall be accorded the following privileges and immunities so far as is necessary
for the effective exercise of their functions, including the time spent on journeys
in connexion with service on such committees or missions:
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(a) Immunity from personal arrest or detention and from seizure of their personal baggage;
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(b) In respect of words spoken or written or acts done by them in the performance of their
official functions, immunity from legal process of every kind, such immunity to continue
notwithstanding that the persons concerned are no longer serving on committees of,
or employed on missions for, the Agency;
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(c) Inviolability for all papers and documents;
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(d) For the purposes of their communications with the Agency, the right to use codes and
to receive papers or correspondence by courier or in sealed bags;
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(e) 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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(f) The same immunities and facilities in respect of their personal baggage as are accorded
to members of comparable rank of diplomatic missions.
Section 24
Nothing in sub-paragraphs (c) and (d) of section 23 shall be construed to preclude
the adoption of appropriate security precautions to be determined by agreement between
a State party to this Agreement and the Agency.
Section 25
Privileges and immunities are granted to the experts of the Agency in the interests
of the Agency and not for the personal benefit of the individuals themselves. The
Agency shall have the right and the duty to waive the immunity of any expert in any
case where, in its opinion, the immunity would impede the course of justice and can
be waived without prejudice to the interests of the Agency.
Article VIII. Abuses of privilege
Section 26
If any State party to this Agreement considers that there has been an abuse of a privilege
or immunity conferred by this Agreement, consultations shall be held between that
State and the Agency to determine whether any such abuse has occurred and, if so,
to attempt to ensure that no repetition occurs. If such consultations fail to achieve
a result satisfactory to the State and the Agency, the question whether an abuse of
a privilege or immunity has occurred shall be settled by a procedure in accordance
with section 34. If it is found that such an abuse has occurred, the State party to
this Agreement affected by such abuse has the right, after notification to the Agency,
to withhold from the Agency the benefits of the privilege or immunity so abused. However,
the withholding of privileges or immunities must not interfere with the Agency's principal
activities or prevent the Agency from performing its principal functions.
Section 27
Representatives of Members at meetings convened by the Agency, while exercising their
functions and during their journeys to and from the place of meeting, and officials
within the meaning of section 1 (v), shall not be required by the territorial authorities
to leave the country in which they are performing their functions on account of any
activities by them in their official capacity. In the case, however, of abuse of privileges
of residence committed by any such person in activities in that country outside his
official functions, he may be required to leave by the Government of that country,
provided that:
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(a) Representatives of Members, or persons who are entitled to the immunities provided
in section 20, shall not be required to leave the country otherwise than in accordance
with the diplomatic procedure applicable to diplomatic envoys accredited to that country;
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(b) In the case of an official to whom section 20 is not applicable, no order to leave
the country shall be issued by the territorial authorities other than with the approval
of the Foreign Minister of the country in question, and such approval shall be given
only after consultation with the Director General of the Agency; and, if expulsion
proceedings are taken against an official, the Director-General of the Agency shall
have the right to appear in such proceedings on behalf of the person against whom
they are instituted.
Article IX. Laissez-passer
Section 28
Officials of the Agency shall be entitled to use the United Nations laissez-passer in conformity with administrative arrangements concluded between the Director General
of the Agency and the Secretary-General of the United Nations. The Director General
of the Agency shall notify each State party to this Agreement of the administrative
arrangements so concluded.
Section 29
States parties to this Agreement shall recognize and accept the United Nations laissez-passer issued to officials of the Agency as valid travel documents.
Section 30
Applications for visas, where required, from officials of the Agency holding United
Nations laissez-passer, when accompanied by a certificate that they are travelling on the business of the
Agency, shall be dealt with as speedily as possible. In addition, such persons shall
be granted facilities for speedy travel.
Section 31
Similar facilities to those specified in section 30 shall be accorded to experts and
other persons who, though not holders of United Nations laissez-passer, have a certificate that they are travelling on the business of the Agency.
Section 32
The Director General, the Deputy Directors General and other officials of a rank not
lower than head of division of the Agency, travelling on United Nations laissez-passer on the business of the Agency, shall be granted the same facilities for travel as
are accorded to officials of comparable rank in diplomatic missions.
Article X. Settlement of disputes
Section 33
The Agency shall make provision for appropriate modes of settlement of:
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(a) Disputes arising out of contracts or other disputes of a private character to which
the Agency is a party;
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(b) Disputes involving any official or expert of the Agency who by reason of his official
position enjoys immunity, if immunity has not been waived in accordance with sections
21 or 25.
Section 34
Unless in any case it is agreed by the parties to have recourse to another mode of
settlement, all differences arising out of the interpretation or application of the
present Agreement shall be referred to the International Court of Justice, in accordance
with the Statute of the Court. If a difference arises between the Agency and a Member and they do not agree on
any other mode of settlement, a request shall be made for an advisory opinion on any
legal question involved, in accordance with Article 96 of the Charter of the United Nations and Article 65 of the Statute of the Court and the relevant provisions of the agreement concluded between the United Nations
and the Agency. The opinion given by the Court shall be accepted as decisive by the
parties.
Article XI. Interpretation
Section 35
The provisions of this Agreement shall be interpreted in the light of the functions
with which the Agency is entrusted by its Statute.
Section 36
The provisions of this Agreement shall in no way limit or prejudice the privileges
and immunities which have been, or may hereafter be, accorded to the Agency by any
State by reason of the location in the territory of that State of the Agency's Headquarters
or regional offices, or of officials, experts, materials, equipment or facilities
in connexion with Agency projects or activities, including the application of safeguards
to an Agency project or other arrangement. This Agreement shall not be deemed to prevent
the conclusion between the Agency and any State party thereto of supplemental agreements
adjusting the provisions of this Agreement or extending or curtailing the privileges
and immunities thereby granted.
Section 37
This Agreement shall not itself operate so as to abrogate, or derogate from, any provisions
of the Statute of the Agency or any rights or obligations which the Agency may otherwise have, acquire or assume.
Article XII. Final provisions
Section 38
This Agreement shall be communicated to every Member of the Agency for acceptance.
Acceptance shall be effected by the deposit with the Director General of an instrument
of acceptance, and the Agreement shall come into force as regards each Member on the
date of deposit of that Member's instrument of acceptance. It is understood that,
when an instrument of acceptance is deposited on behalf of any State, that State will
be in a position under its own law to give effect to the terms of this Agreement.
The Director General shall transmit a certified copy of this Agreement to the Government
of every State now or hereafter becoming a Member of the Agency, and shall inform
all Members of the deposit of each instrument of acceptance and of the filing of any
notification of denunciation provided for in section 39.
It shall be permissible for a Member to make reservations to this Agreement. Reservations
may be made only at the time of the deposit of the Member's instrument of acceptance,
and shall immediately be communicated by the Director General to all Members of the
Agency.
Section 39
This Agreement shall continue in force as between the Agency and every Member which
has deposited an instrument of acceptance for so long as that Member remains a Member
of the Agency, or until a revised agreement has been approved by the Board of Governors
and that Member has become a party to this revised agreement, provided that if a Member
files a notification of denunciation with the Director General this Agreement shall
cease to be in force with respect to such Member one year after the receipt of such
notification by the Director General.
Section 40
At the request of one-third of the States parties to this Agreement, the Board of
Governors of the Agency shall consider whether to approve amendments thereto. Amendments
approved by the Board shall enter into force upon their acceptance in accordance with
the procedure provided in section 38.