AGREEMENT
BETWEEN THE REPUBLIC OF LATVIA
AND THE ORGANISATION FOR ECONOMIC CO-OPERATION AND
DEVELOPMENT
ON THE PRIVILEGES, IMMUNITIES AND FACILITIES GRANTED
TO THE ORGANISATION
THE REPUBLIC OF LATVIA AND THE
ORGANISATION FOR ECONOMIC
CO-OPERATION AND DEVELOPMENT
(HEREINAFTER REFERRED TO AS "THE PARTIES"),
HAVING REGARD to the provisions of the Convention on the
Organisation for Economic Co-operation and Development of 14
December 1960 (hereinafter referred to as "the OECD
Convention"), in particular Article 5 c);
HAVE AGREED as follows:
Article 1
For the purposes of this Agreement:
(a) "archives of the Organisation" means all records
and correspondence, documents and other material, including tapes
and films, sound recordings, computer software and written
material, video tapes, discs and multimedia supports, either in
conventional or in digital form, or any other support storing any
information or material belonging to or held by the Organisation
or on its behalf;
(b) "charges for pension or social security
purposes" means all charges related to pension or social
security coverage, whether or not such charges are related to the
employment of officials by the Organisation and including all
charges related to pensions or retirement benefits, unemployment
benefits, health insurance and family benefits;
(c) "experts" means persons other than those
mentioned in paragraph (h) of this Article, who are appointed by
the Organisation to carry out missions for the Organisation;
(d) "Government" means the Government of the
Republic of Latvia (hereinafter referred to as
"Latvia");
(e) "meeting convened by the Organisation" means any
meeting of a body of the Organisation, and any other meeting,
conference, seminar or gathering convened by the Organisation,
including meetings organised jointly with other entities;
(f) "Members" means countries which are Members of
the Organisation or other entities which participate in the work
of the Organisation in pursuance of Article 13 of the Convention
on the Organisation;
(g) "non-Member participants" means countries,
economies or international organisations which are not Members of
the Organisation and which have received an invitation from the
Organisation to participate in a meeting convened by the
Organisation;
(h) "officials" means the categories of staff to
which the provisions of this Agreement apply as specified by the
Secretary-General of the Organisation;
(i) "Organisation" means the Organisation for
Economic Co-operation and Development and all the entities or
agencies functioning under its framework;
(j) "premises of the Organisation" means buildings
or parts thereof (including the land ancillary thereto), utilised
permanently or temporarily for official purposes of the
Organisation;
(k) "property of the Organisation" means all
property, including income, funds and assets, belonging to the
Organisation or held or administered by the Organisation or on
its behalf;
(l) "representatives" means all delegates,
alternates, advisers, technical experts and secretaries of
delegations of Members or non-Member participants.
Article 2
The Organisation possesses juridical personality. It has the
capacity, inter alia, to conclude contracts, to acquire
and dispose of movable and immovable property and to institute
legal proceedings.
Article 3
The Organisation shall be granted the privileges, exemptions
and immunities provided for in this Agreement and any more
favourable privilege, exemption and immunity which the Government
has agreed to grant to any other international organisation.
Article 4
The Organisation and its property, wherever located and by
whomsoever held, shall enjoy immunity from every form of 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.
Article 5
The property of the Organisation, wherever located and by
whomsoever held, shall be immune from search, requisition,
confiscation, expropriation or any other form of interference
whether by executive, administrative, judicial or legislative
action.
Article 6
1. The premises of the Organisation, including premises
utilised by the Organisation for the duration of a meeting
convened by the Organisation, shall be inviolable and shall be
under its exclusive control and authority.
2. The Government shall take appropriate measures to ensure
the security of the Organisation's premises; in particular, it
shall prevent any person, or group of persons from penetrating
without authorisation into the premises or causing disorder in
the immediate vicinity thereof.
Article 7
The archives of the Organisation and more generally all
documents belonging to it or held by it, shall be inviolable
wherever located.
Article 8
Without being restricted by financial controls, regulations or
moratoria of any kind:
(a) the Organisation may hold currency of any kind and operate
accounts in any currency;
(b) the Organisation may freely transfer its funds within,
into and out of the territory of Latvia and convert any currency
held by it into any other currency.
Article 9
The Organisation and its property shall be exempt from:
(a) any form of direct taxation including charges for pension
or social security purposes; however, the Organisation will not
claim exemption from rates and taxes which constitute no more
than a payment for public utilities;
(b) customs duties, prohibitions and restrictions in respect
of goods imported and exported by the Organisation for its own
functioning or in pursuance of its activities, on the
understanding that such imported goods will not be sold in
Latvia, except under conditions agreed with the Government;
(c) customs duties, prohibitions and restrictions in respect
of import and export of publications or other goods produced by
it, as well as any taxes in respect of the sale or diffusion free
of charge of its publications or other goods produced or services
provided by it;
(d) any form of indirect taxation, including taxes forming
part of the price to be paid, on goods and services purchased by
the Organisation for its own functioning or in pursuance of its
activities.
Article 10
1. The Organisation shall enjoy, for its official
communications, treatment not less favourable than that accorded
by Latvia to any international organisation or foreign
government, including its diplomatic mission, in the matter of
priorities, rates and taxes on mails, cables, telegrams,
radiograms, telephotos, telefaxes, telephone, electronic
communications and other communications and press rates for
information to the press and radio. No censorship shall be
applied to the official correspondence and other official
communications of the Organisation.
2. The Organisation shall enjoy the right, for its
communications, to use codes and to send and receive
correspondence and other papers and documents by courier.
Article 11
Essential public services shall be made available to the
Organisation on the same basis and conditions as those which
apply to diplomatic missions in Latvia.
Article 12
1. Representatives of Members and non-Member participants in
the Council of the Organisation or in any other body of the
Organisation or participating in a meeting convened by the
Organisation in Latvia shall, while exercising their functions
and during their journey to and from the place of meeting, enjoy
the following privileges and immunities:
(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 capacity as
representatives, immunity from legal process of every kind;
(b) inviolability for all papers and documents;
(c) the right to use codes and to receive papers and
correspondence by courier or in sealed bags;
(d) exemption in respect of themselves and their spouses or
partners from immigration restrictions, aliens registration or
national service obligations in the State they are visiting or
through which they are passing in the exercise of their
functions;
(e) the same facilities in respect of currency or exchange
restrictions as are accorded to representatives of foreign
governments on temporary official missions;
(f) the same immunities and facilities in respect of their
personal baggage as are accorded to diplomatic envoys, and
also;
(g) such other privileges, immunities and facilities, not
inconsistent with the foregoing, as diplomatic envoys enjoy,
except that they shall have no right to claim exemption from
customs duties on goods imported (otherwise than as part of their
personal baggage) or from excise duties or sales taxes.
2. In order to secure for representatives of Members and
non-Member participants complete freedom of speech and
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 the representatives of Members or non-Member
participants.
3. Privileges and immunities are accorded to the
representatives of Members and non-Member participants in order
to safeguard their functions in connection with the Organisation
and not for their personal benefit. Consequently, a Member or
non-Member participant has not only the right but also the duty
to waive the immunity of its representative in any case where, in
the opinion of the Members or non-Member participant, the
immunity would impede the course of justice, and it can be waived
without prejudice to the purpose for which the immunity is
accorded.
Article 13
Officials of the Organisation shall:
(a) be immune from arrest or detention for acts performed in
their official capacity and from seizure of their baggage and
other belongings;
(b) be immune from legal process for words spoken or written
and acts performed in their official capacity or in the context
of their employment with the Organisation; they shall continue to
be so immune after completion of their functions as officials of
the Organisation;
(c) be exempt from any form of direct taxation, including
charges for pension or social security purposes, on salaries,
emoluments, indemnities, pensions or other element of
remuneration paid to them by the Organisation;
(d) be exempt, together with their spouses or partners and
dependent relatives, as recognised by the Organisation, from
immigration restrictions and alien registration;
(e) be exempt from the national military service;
(f) enjoy, together with their spouses or partners and
dependent relatives, as recognised by the Organisation, the same
benefits in respect of repatriation in cases of international
crisis as members of diplomatic missions;
(g) have the right to import free of duty their furniture and
effects at the time of first taking up their functions in
Latvia;
(h) have the same right to import free of duty motor vehicles
as Latvia accords to diplomatic agents of comparable rank;
(i) be accorded the same privileges in respect of currency or
exchange facilities as are accorded to diplomatic agents of
comparable rank;
(j) be exempt from any obligation to deposit security payable
in respect of goods temporarily admitted into Latvia;
(k) enjoy the right, for acts performed in their official
capacity, to use codes and to send and receive correspondence and
other papers and documents by courier.
Article 14
In addition to the privileges, immunities and facilities
mentioned in Article 13:
(a) the Secretary-General of the Organisation shall enjoy the
privileges, immunities and facilities granted to the heads of
diplomatic missions; his/her spouse or partner and dependent
children, as recognised by the Organisation, shall enjoy the
privileges, immunities and facilities granted to the members of
family forming part of the household of heads of diplomatic
missions;
(b) the Deputy and Assistant Secretaries-General shall enjoy
the privileges, immunities and facilities granted to diplomatic
agents of comparable rank; their spouses or partners and
dependent children, as recognised by the Organisation, shall
enjoy the privileges, immunities and facilities granted to the
members of family forming part of the household of diplomatic
agents of comparable rank.
Article 15
1. Experts performing missions for the Organisation and
individuals invited to participate in a meeting convened by the
Organisation, shall enjoy, in the territory of Latvia, such
privileges, immunities and facilities as are necessary for the
independent exercise of their functions during the period of
their missions, including time spent on journeys in connection
with their missions.
2. In particular, the persons referred to in paragraph 1 of
this Article shall be accorded:
(a) immunity from arrest or detention and from seizure of
their baggage and other belongings;
(b) immunity from legal process in respect of words spoken or
written, and of all acts done in the performance of their
mission; such immunity shall continue after the completion of
their mission;
(c) inviolability for all papers and documents;
(d) the right, for the purpose of communicating with the
Organisation, to use codes and to send and to receive
correspondence and other papers and documents by courier;
(e) the same privileges in respect of currency or exchange
facilities as are accorded to a representative of a foreign
government on temporary official mission;
(f) the exemption from any obligation to deposit security
payable in respect of goods temporarily admitted into Latvia.
Article 16
The Government shall take all appropriate measures to
facilitate the entry into, stay in, and exit from the territory
of Latvia, and to ensure the freedom of movement within such
territory of representatives of Members and non-Member
participants, officials and experts of the Organisation and any
other person invited by the Organisation for official
purposes.
Article 17
Privileges, immunities and facilities are granted to officials
and experts in the interest of the Organisation and not for the
personal benefit of the individual themselves. The
Secretary-General of the Organisation shall have the right and
duty to waive the immunity of any official or expert where, in
his/her exclusive opinion, the immunity of this official or
expert would impede the course of justice and can be waived
without prejudice to the interests of the Organisation. In the
case of the Secretary-General and the Deputy and Assistant
Secretaries-General of the Organisation, the Council of the
Organisation shall have the right to waive immunity.
Article 18
The Organisation shall co-operate at all times with the
Government to facilitate the proper administration of justice and
prevent the occurrence of any abuse in connection with the
privileges, immunities and facilities mentioned in this
Agreement.
Article 19
In order to enable the Organisation to fully and efficiently
discharge its responsibilities and fulfil its tasks:
(a) the Government shall assist the Organisation in resolving
any difficulty the Organisation may encounter with the
procurement of goods, services and facilities in the territory of
Latvia and in ensuring effective respect for the privileges,
immunities and facilities accorded to it; and
(b) the Government shall reimburse or compensate the
Organisation for costs or losses incurred as a result of the
failure of any public authority of Latvia to respect the
privileges, immunities and facilities set out in this Agreement
or granted in its pursuance.
Article 20
In case of non-respect by a national authority of any of the
privileges, immunities or facilities granted in this Agreement,
the Government agrees to
(a) defend the Organisation, at its request, in the event of a
claim or administrative or judicial actions against it;
(b) indemnify the Organisation of all expenses and losses
incurred;
(c) hold harmless the Organisation for all decisions and
actions taken in that context.
Article 21
This Agreement shall be interpreted and applied in the light
of its primary purpose which is to enable the Organisation to
fully and efficiently discharge its responsibilities and fulfil
its tasks.
Article 22
1. The Parties shall attempt to settle any dispute as to the
interpretation or application of this Agreement by negotiations
or by any other mutually agreed method.
2. If the dispute is not settled in accordance with paragraph
1 within a period of sixty days from the request of either Party
to settle it, such dispute shall be referred to arbitration at
the request of either Party.
3. The arbitral tribunal shall be composed of three
arbitrators. Each Party shall choose one arbitrator and the
third, who shall be the chair of the tribunal, shall be chosen
jointly by the Parties. If the tribunal is not constituted within
three months from the request for arbitration, the appointment of
the arbitrator(s) not yet designated shall be made by the
Secretary-General of the Permanent Court of Arbitration at the
request of either Party.
4. The tribunal shall apply the provisions of the present
Agreement as well as the principles and rules of international
law and its award shall be final and binding on both Parties.
Article 23
1. This Agreement shall enter into force on the date on which
the Government shall have informed the Organisation of the
completion of the domestic requirements for its entry into
force.
2. If Latvia ceases to be a party to the Convention on the
Organisation for Economic Co-operation and Development, the
present Agreement may be terminated by mutual consent or by
written notice of termination by either Party. Such written
notice of termination shall take effect no earlier than one year
after the date of receipt of the notice by the other Party.
Article 24
As from the date of its signature, and pending its entry into
force, this Agreement shall be applied on a provisional basis to
the fullest possible extent.
Done in Paris, this 5th day of May 2014, in two originals, in
the English, French and Latvian languages, each text being
authentic. In case of divergence between the texts, the English
text shall prevail.
For the Republic
of Latvia
|
For the Organisation for
Economic
Co-operation and Development
|
Edgars RINKĒVIČS
Minister for Foreign Affairs
|
Angel GURRÍA
Secretary-General
|