Verdrag tussen het Koninkrijk der Nederlanden en de Organisatie der Verenigde Naties voor Onderwijs, Wetenschap en Cultuur inzake de zetel van het UNESCO-IHE instituut voor wateropleiding

1

Within the scope of its official activities, the Institute shall enjoy immunity from any form of legal process, except in the case of:

• a)

  express waiver by the Director-General of immunity in a particular case

• b)

  civil action by a third party for damages arising out of an accident caused by a vehicle belonging to or operated on behalf of the Institute where the damages are not recoverable from insurance.

2

Notwithstanding the provisions of paragraph 1, the property of the Institute wherever located and by whomsoever held, shall be immune from search, foreclosure, seizure, all forms of attachment, injunction or other legal process except in so far as in any particular case the Director-General of UNESCO shall have expressly waived the immunity of the Institute.

1

The premises of the Institute shall be inviolable.

2

The Netherlands authorities may not enter the premises without the consent given by or on behalf of the Director-General or the Director acting on his behalf. If neither of them can be reached in time, such consent shall be assumed in case of fire or other emergency requiring prompt protective action.

3

In other cases, the Director-General or the Director acting on his behalf, shall give serious consideration to a request for permission from the Netherlands authorities to enter the premises, without prejudice to the interests of the Institute.

1

In addition to section 9 and 10 of the Convention the Institute shall, within the scope of its official activities, be exempt from the following taxes:

• a)

  import taxes and duties (belastingen bij invoer);

• b)

  motor vehicle tax (motorrijtuigenbelasting);

• c)

  tax on passenger motor vehicles and motorcycles (BPM);

• d)

  value added tax (omzetbelasting) paid on goods and services involving considerable expenditure or supplied on a recurring basis;

• e)

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

• f)

  energy tax (regulerende energiebelasting);

• g)

  real property transfer tax (overdrachtsbelasting);

• h)

  insurance tax (assurantiebelasting);

• i)

  tax on tap water (belasting op leidingwater).

2

The exemptions provided for in paragraph 1 d), e), f) and g) of this article may be granted by way of a refund. The exemptions provided for in this article shall apply in accordance with the regulations in force in the Kingdom of the Netherlands. Such regulations, however, shall not affect the general principles laid down in this article.

3

No exemption shall be accorded in respect of taxes and duties which represent charges for specific services rendered.

4

Goods acquired or imported under the terms set out in paragraph 1 of this article shall not be sold, given away, or otherwise disposed of in the Netherlands, except in accordance with conditions agreed upon with the Government.

1

In addition to the provisions of section 19 of the Convention the Officials shall also:

• a)

  enjoy immunity referred to in paragraph a) of that section notwithstanding that the Officials concerned may have ceased to be Officials of UNESCO;

• b)

  enjoy immunity from arrest or detention and from inspection or seizure of their personal and/or official baggage;

• c)

  in accordance with the regulations in force, if they are non residents, have relief from duties and taxes (except payments for services) in respect of import of their furniture and personal effects, including motor vehicles, at the time of first taking up their post in the Netherlands and the right on the termination of their function 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 and the regulations in force applicable to international organisations situated within the territory of the Kingdom of the Netherlands.

2

The Director shall enjoy with respect to himself and to members of his family forming part of his household the privileges and immunities granted to heads of diplomatic missions accredited to the Government, in accordance with the Vienna Convention on Diplomatic Relations of 18 April 1961.

3

A Deputy Director or other senior Official, when acting on behalf of the Director during his absence from duty, shall be accorded the same immunities as are accorded to the Director.

4

Officials of rank P.5 and above shall enjoy the privileges and immunities granted to diplomatic agents in accordance with the Vienna Convention on Diplomatic Relations of 18 April 1961.

5

With regard to non-official acts, confirmed as such by the Institute, immunity shall not apply in the case of a motor-traffic offence committed by an Official, nor in the case of a civil action by a third party for damage arising from an accident caused by a motor vehicle belonging or driven by an Official.

1

Annex IV to the Convention shall apply to Experts.

2

With regard to non-official acts, confirmed as such by the Institute, with respect to section 3 of Annex IV to the Convention, the immunities provided therein shall not apply to civil action by a third party for damage arising from an accident caused by a motor vehicle belonging to or driven by him.

1

In the event that the Institute shall have established its own social security system offering comparable coverage to the coverage under the legislation of the Netherlands, or shall adhere to such a social security system, the Institute and its Officials to whom the aforementioned scheme applies, shall be exempt from social security provisions in the Netherlands.

2

The provisions of paragraph 1 of this article shall apply,mutatis mutandis, to the members of the families forming part of the households of the Officials, unless they are employed otherwise than by the Institute or self-employed in the Netherlands or unless they receive social security benefits from the Kingdom of the Netherlands.mutatis mutandis, to the members of the families forming part of the households of the Officials, unless they are employed otherwise than by the Institute or self-employed in the Netherlands or unless they receive social security benefits from the Kingdom of the Netherlands.

1

Members of the family forming part of the household of Officials of the Institute shall be authorised to engage in gainful employment in the Netherlands for the duration of the term of office of the Official concerned.

2

The following persons are members of the family forming part of the household in the sense of paragraph 1:

• a)

  the spouses or registered partners of Officials of the Institute;

• b)

  children of Officials of the Institute who are under the age of 18;

• c.

  children of Officials of the Institute aged 18 or over, but not older than 27, provided that they formed part of the Official's household prior to their first entry into the Netherlands and still form part of this household, and that they are unmarried, financially dependent on the Official concerned and are attending education in the Netherlands.

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.

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.

5

The employment referred to in paragraph 1 of this Article shall be in accordance with Netherlands legislation, including fiscal and social security legislation.

1

Any dispute between the Parties concerning the interpretation or application of this Agreement shall be settled through negotiation or any other means agreed by the Parties.

2

If the dispute cannot be settled through the means mentioned in paragraph 1 above it may be submitted, at the request of any Party, to final and binding arbitration in accordance with the Permanent Court of Arbitration Optional Rules for Arbitration involving International Organisations and States of July 1996, as in effect on the date of submission of the dispute to the Court. The number of arbitrators shall be three.

1

At the request of either Party, this Agreement as well as the Annex may be amended by mutual consent at any time.

2

Any such amendment may be effected by an exchange of Notes.

1

This Agreement shall be terminated in the event that the Institute is transferred from the territory of the Kingdom of the Netherlands or in the event that the Institute ceases to exist.

2

In case of dissolution of the Institute, the dissolution shall take place in accordance with the relevant provision of the Statutes.

1

This Agreement shall enter into force on the first day of the second month after the date of signing the Agreement.

2

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