Gastlandverdrag tussen het Koninkrijk der Nederlanden en het Ontwikkelingsprogramma van de Verenigde Naties betreffende het kantoor van het Ontwikkelingsprogramma van de Verenigde Naties in ‘s-Gravenhage

1

UNDP shall establish an Office in the host State to carry out functions in accordance with the mandate of UNDP set out in United Nations General Assembly resolution 2029 and subsequent resolutions.

2

The seat of the Office shall be located in The Hague, the Netherlands.

1

This Agreement shall regulate matters relating to or arising out of the establishment and the proper functioning of the Office in the host State. It shall, inter alia, create conditions conducive to the stability and independence of the Office and facilitate its smooth and efficient functioning.

2

This Agreement does not set out the relations and modalities of assistance rendered by the United Nations or the Office to the host State as part of its mandate.

3

Any building in or outside The Hague which may, with the concurrence of the host State, be used for meetings, seminars, training courses, symposiums, workshops and similar activities organized by the Office shall be temporarily included in the “premises” of the Office and shall be deemed to be covered by this Agreement for the duration of such meetings, training courses, symposiums, workshops and similar activities organized by the Office.

1

The Office shall possess full juridical personality in the host State. This shall, in particular, include the capacity:

• a)

  to contract;

• b)

  to acquire and dispose of movable and immovable property; and

• c)

  to institute legal proceedings.

2

For the purpose of this Agreement, the Office shall be represented by the Head of the Office.

1

The Office shall enjoy, in the territory of the host State, such privileges, immunities and facilities as are necessary for the fulfilment of its purposes.

2

The General Convention shall apply to the Office and the property and archives of the Office. Furthermore, the Office shall enjoy the privileges, immunities and facilities set out in this Agreement.

3

The General Convention apply to officials of the Office and experts on mission in the host State.

1

The premises shall be inviolable. The competent authorities shall ensure that the Office is not dispossessed and/or deprived of all or any part of its premises without its express consent.

2

No officer or official of the host State or any competent authority shall enter the premises to perform any official duty except with express consent or at the request of the Head of the Office or an official designated by the Head of Office. Judicial actions and the service or execution of legal process, including the seizure of property, cannot be enforced on the premises except with the consent of and in accordance with conditions approved by the Head of the Office or an official designated by the Head of Office.

3

In case of fire or other emergency requiring prompt protective action, or in the event that the competent authorities have reasonable cause to believe that such an emergency has occurred or is about to occur on the premises, the consent of the Head of the Office to any necessary entry into the premises shall be presumed if the Head of Office cannot be contacted in time.

4

Subject to paragraphs 1, 2 and 3 of this Article, the competent authorities shall take the necessary action to protect the premises against fire or other emergency.

5

The premises and facilities of the Office may be used for meetings, seminars, exhibitions, and other related purposes organized by the Office for its effective functioning, the United Nations or other related organizations.

6

The Office shall prevent its premises from being used as a refuge by persons who are avoiding arrest or the proper administration of justice under any law of the host State.

1

The competent authorities of the host State shall exercise due diligence to ensure that the security and tranquility of the premises are not impaired by any person or group(s) of persons attempting unauthorized entry into or onto the premises or creating disturbances in the immediate vicinity. As may be required for this purpose, the host State shall provide adequate police protection on the boundaries and in the vicinity of the premises.

2

If so requested by the Head of the Office or an official designated by the Head of Office, the competent authorities shall, in consultation with the Head of the Office or an official designated by the Head of Office, to the extent it is deemed necessary by the competent authorities, provide adequate protection, including police protection, for the preservation of law and order on the premises and the removal of persons therefrom.

3

The Office shall provide the competent authorities with all information relevant to the security and protection of the premises.

1

The premises of the Office shall be under the control and authority of the Office, as provided for in this Agreement.

2

Except as otherwise provided in this Agreement or the General Convention, the laws and regulations of the host State shall apply on the premises.

3

The Office shall apply UNDP regulations, rules, policies and procedures as are necessary for the carrying out of its functions. No laws or regulations of the host State which are inconsistent with the rules and regulations of the United Nations under this paragraph shall, to the extent of such inconsistency, be applicable on the premises.

4

Any dispute between the Office and the host State as to whether a regulation or rule of UNDP comes within the ambit of this Article or as to whether a law or regulation of the host State is inconsistent with a regulation or rule under this Article shall promptly be settled by the procedure under Article 34 of this Agreement. Pending such settlement, the regulation or rule that is the subject of the dispute shall apply, and the law or regulation of the host State shall be inapplicable on the premises to the extent that the Office claims it to be inconsistent with the regulation or rule in question.

1

The competent authorities shall secure, upon the request of the Head of the Office or an official designated by the Head of Office, on fair and equitable conditions, the public services needed by the Office such as, but not limited to, postal, telephone, telegraphic services, any means of communication, electricity, water, gas, sewage, collection of waste, fire protection, local transportation and cleaning of public streets, including snow removal.

2

In cases where the services referred to in paragraph 1 of this Article are made available to the Office by the competent authorities, or where the prices thereof are under their control, the rates for such services shall not exceed the lowest comparable rates accorded to essential agencies and organs of the host State.

3

In case of any interruption or threatened interruption of any such services, the Office shall be accorded the priority given to essential agencies and organs of the host State, and the host State shall take steps accordingly to ensure that the work of the Office is not prejudiced.

4

Upon request of the competent authorities, the Head of the Office, or an official designated by the Head of Office, shall make suitable arrangements to enable duly authorized representatives of the appropriate public services to inspect, repair, maintain, reconstruct and relocate utilities, conduits, mains and sewers on the premises under conditions which shall not unreasonably disturb the carrying out of the functions of the Office.

1

The Office, its funds, assets and other property, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process, except insofar as in any particular case the Secretary-General has expressly waived its immunity. It is understood, however, that no waiver of immunity shall extend to any measure of execution.

2

Funds, assets and other property of the Office, wherever located and by whomsoever held, shall be immune from search, seizure, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.

3

To the extent necessary to carry out the functions of the Office, funds, assets and other property of the Office, wherever located and by whomsoever held, shall be exempt from restrictions, regulations, controls or moratoria of any nature.

1

The Office shall have the right to operate all appropriate means of communication, including electronic means of communication, and shall have the right to use codes or ciphers for its official communications and correspondence. The official communications and correspondence of the Office shall be inviolable.

2

The Office shall have the right to dispatch and receive correspondence and other materials or communications by courier or in sealed bags, which shall enjoy the same privileges, immunities and facilities as diplomatic couriers and bags.

3

No censorship shall be applied to the official communications or correspondence of the Office. Such immunity from censorship shall extend to printed matter, photographic and electronic data communications and other forms of communication as may be used by the Office.

4

The Office shall have the right to operate radio, satellite and other telecommunication equipment on the United Nations-registered frequencies or frequencies allocated to it by the host.

5

In accordance with its national procedures, the host State shall endeavour to allocate to the Office, to the extent possible, frequencies for which it has applied.

1

Within the scope of its official activities, the Office, its assets, income, and other property shall be exempt from:

• a)

  all direct taxes, whether levied by national, provincial or local authorities, which includes, inter alia, corporation tax;

• b)

  import and export taxes and duties (belastingen bij invoer en uitvoer);

• c)

  motor vehicle tax (motorrijtuigenbelasting);

• d)

  tax on passenger motor vehicles and motorcycles (belasting van personenauto’s en motorrijwielen);

• e)

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

• f)

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

• g)

  real property transfer tax (overdrachtsbelasting);

• h)

  insurance tax (assurantiebelasting);

• i)

  energy tax (energiebelasting);

• j)

  tax on mains water (belasting op leidingwater); and

• k)

  any other taxes and duties of a substantially similar character as the taxes provided for in this paragraph, levied in the host State subsequent to the date of entry into force of this Agreement.

2

The exemptions provided for in paragraph 1, subparagraphs e) through k) of this Article may be granted by way of a refund. These exemptions shall be applied in accordance with the formal requirements of the host State. These requirements, however, shall not affect the general principles laid down in paragraph 1 of this Article.

3

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

4

The Office shall not claim exemption from taxes which are, in fact, no more than charges for public utility services provided at a fixed rate according to the amount of services rendered and which can be specifically identified, described and itemized.

1

The Head of the Office, together with family members forming part of their household who are not nationals or permanent residents of the host State, shall enjoy the privileges, immunities, exemptions and facilities accorded to heads of diplomatic missions in accordance with international law and in particular under the General Convention and the provisions of the Vienna Convention. The Head of Office shall, inter alia, enjoy:

• a)

  personal inviolability, including immunity from arrest or detention or any other restriction of their liberty and from seizure of their personal baggage;

• b)

  immunity from criminal, civil and administrative jurisdiction;

• c)

  inviolability of all papers and documents in whatever form and materials;

• d)

  immunity from national service obligations;

• e)

  exemption from immigration restrictions and alien registration;

• f)

  exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with UNDP;

• g)

  the same privileges in respect of currency and exchange facilities as are accorded to diplomatic agents;

• h)

  the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic agents;

• i)

  the right to import free of duties and taxes, except payments for services, their furniture and effects at the time of first taking up their post in the host State, and to re-export their furniture and effects free of duties and taxes to their country of destination upon separation from UNDP;

• j)

  for the purpose of their communications with the Office, the right to receive and send papers in whatever form; and

• k)

  the same repatriation facilities in times of international crisis as are accorded to diplomatic agents under the Vienna Convention.

2

The Head of the Office shall continue to be accorded immunity from legal process of every kind in respect of words which were spoken or written and all acts which were performed in their official capacity even after the Head of the Office ceased to perform their functions for the Office

3

With respect to the inheritance and gift tax, which depends upon residence, periods during which the Head of the Office is present in the host State for the discharge of their functions shall not be considered as periods of residence.

4

The host State shall not be obliged to exempt from income tax pensions or annuities paid to former Heads of the Office and the members of their family forming part of the household.

5

Persons referred to in this Article who are nationals or permanent residents of the host State shall enjoy within the host State only the privileges, immunities and facilities under Article V, Section 18 and Article VII of the General Convention, together with the following modifications and supplementary provisions:

• a)

  immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in their official capacity, which immunity shall continue to be accorded even after they have ceased to perform their functions for the Office;

• b)

  inviolability of all official papers and documents in whatever form and materials;

• c)

  exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with UNDP;

• d)

  for the purpose of their communications with the Office, the right to receive and send papers in whatever form; and

• e)

  the right to import free of duties and taxes, except payments for services, their furniture and effects at the time of first taking up their post in the host State.

6

Persons referred to in paragraph 5 of this Article shall not be subjected by the host State to any measure which may affect the free and independent performance of their functions for the Office.

1

Officials of the Office shall enjoy such privileges, immunities and facilities as are necessary for the independent performance of their functions. They shall enjoy privileges and immunities accorded to officials of the United Nations under Articles V and VII of the General Convention, including as modified and supplemented below:

• a)

  immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in their official capacity, which immunity shall continue to be accorded even after they have ceased to perform their functions for the Office;

• b)

  immunity from seizure and inspection of official baggage;

• c)

  inviolability of all official papers and documents in whatever form and materials;

• d)

  immunity from national service obligations;

• e)

  together with members of their family forming part of the household, exemption from immigration restrictions and alien registration;

• f)

  exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with UNDP;

• g)

  the same privileges in respect of currency and exchange facilities as are accorded to the officials of comparable rank of diplomatic missions established in the host State;

• h)

  exemption from inspection of personal baggage, unless there are serious grounds for believing that the baggage contains articles the import or export of which is prohibited by law or controlled by the quarantine regulations of the host State; an inspection in such a case shall be conducted in the presence of the official concerned;

• i)

  together with members of their family forming part of the household, the same repatriation facilities in times of international crisis as are accorded to diplomatic agents under the Vienna Convention; and

• j)

  the right to import free of duties and taxes, except payments for services, their furniture and effects at the time of first taking up their post in the host State, and to re-export their furniture and effects free of duties and taxes to their country of destination upon separation from the Office.

2

In addition to the privileges, immunities and facilities listed in paragraph 1 of this Article, officials of the Office of P-5 level and above, together with members of their family forming part of the household who are not nationals or permanent residents of the host State, shall be accorded the same privileges, immunities and facilities as the host State accords to diplomatic agents of comparable rank of the diplomatic missions established in the host State in conformity with the Vienna Convention.

3

In addition to the privileges, immunities and facilities listed in paragraph 1 of this Article, officials of the Office of P-4 level and below, together with members of their family forming part of the household who are not nationals or permanent residents of the host State, shall be accorded the same privileges, immunities and facilities as the host State accords to members of the administrative and technical and service staff of diplomatic missions established in the host State, in conformity with the Vienna Convention, provided that the immunity from criminal jurisdiction shall not extend to acts performed outside the course of their official duties.

4

With respect to the inheritance and gift tax, which depends upon residence, periods during which officials are present in the host State for the discharge of their functions shall not be considered as periods of residence.

5

The host State shall not be obliged to exempt from income tax pensions or annuities paid to former officials of the Office and the members of their family forming part of the household.

6

Persons referred to in this Article who are nationals or permanent residents of the host State shall enjoy only the privileges, immunities and facilities under Article V, Section 18, and Article VII of the General Convention, including as modified and supplemented below:

• a)

  immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in their official capacity, which immunity shall continue to be accorded even after they have ceased to perform their functions for the Office;

• b)

  inviolability of all official papers and documents in whatever form and materials;

• c)

  exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with UNDP; and

• d)

  the right to import free of duties and taxes, except payments for services, their furniture and effects at the time of first taking up their post in the host State.

7

Persons referred to in paragraph 6 under this Article shall not be subjected by the host State to any measure which may affect the free and independent performance of their functions for the Office.

1

Experts on mission for the Office shall enjoy the privileges and immunities, exemptions and facilities as are necessary for the independent performance of their functions for the Office, and in particular, shall enjoy the privileges and immunities, exemptions and facilities under Articles VI and VII of the General Convention.

2

Experts on mission for the Office shall be provided by the Head of the Office with a document certifying that they are performing functions for the Office and specifying a time period for which their functions will last. This certificate shall be withdrawn prior to its expiry if the expert on mission for the Office is no longer performing functions for the Office.

1

Members of the family forming part of the household of an official of the Office shall be authorized to engage in gainful employment in the host State for the duration of the term of office of the official concerned.

2

Members of the family forming part of the household of an official of the Office who obtain gainful employment shall enjoy no immunity from criminal, civil or administrative jurisdiction with respect to matters arising in the course of or in connection with such employment. However, any measures of execution shall be taken without infringing on the inviolability of their person or their residence, if they are entitled to such inviolability.

3

In case of the insolvency of a person aged under eighteen (18) with respect to a claim arising out of gainful employment of that person, the Office shall seek to ensure that the official of the Office of whose family the person concerned is a member, meets their private legal obligations that arise in this connection, and where necessary, the Secretary-General shall give prompt attention to a request for a waiver in this regard.

4

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

1

Within eight (8) days after the commencement of an internship in the host State, the Office shall request the Ministry of Foreign Affairs to register any intern in accordance with paragraph 2 of this Article.

2

Without prejudice to the applicable rules of the European Union with regard to the rights of citizens of a member state of the European Union, the European Economic Area, or Switzerland or their family members, the Ministry of Foreign Affairs shall register interns for a maximum period of six (6) months, provided that the Office supplies the Ministry of Foreign Affairs with a declaration signed by them, accompanied by adequate proof, to the effect that:

• a)

  the intern entered the host State in accordance with the applicable immigration procedures;

• b)

  the intern has sufficient financial means for living expenses and for repatriation, as well as sufficient medical insurance (including coverage of costs of hospitalization for at least the duration of the internship plus one (1) month) and third-party liability insurance, and shall not be a charge on the public purse in the host State;

• c)

  the intern shall not engage in gainful employment in the host State during his or her internship other than as an intern for the Office;

• d)

  the intern shall not bring any family members to reside with them in the host State other than in accordance with the applicable immigration procedures; and

• e)

  the intern shall leave the host State within fourteen (14) days after the end of the internship, unless they are otherwise authorized to stay in the host State in accordance with the applicable immigration legislation.

3

In exceptional circumstances, the maximum period of six (6) months mentioned in paragraph 2 of this Article may be extended once by a maximum period of six (6) months. However, the total period of the internship shall not exceed a period of one (1) year.

4

The Office shall not incur liability for damage resulting from non-fulfilment of the conditions of the declaration referred to in paragraph 2 of this Article by interns registered in accordance with that paragraph.

5

Under this Agreement, interns shall not enjoy privileges, immunities and facilities within the host State.

1

The host State, in accordance with relevant United Nations principles and practices and the present Agreement, shall respect the complete freedom of expression of all participants of meetings, seminars, training courses, symposiums, workshops and similar activities organized by the Office, to which the General Convention shall be applicable.

2

Representatives of Members of the United Nations invited to meetings, seminars, training courses, symposiums, workshops and similar activities organized by or on behalf of the Office shall, while exercising their functions, enjoy the privileges and immunities as set out in Article IV of the General Convention.

3

Experts invited by the Office to attend the event shall enjoy the privileges and immunities accorded under Articles VI of the General Convention.

4

Representatives of specialized agencies will enjoy the privileges and immunities under Articles VI and VII of the Convention on the Privileges and Immunities of the Specialized Agencies, approved by the General Assembly of the United Nations on 21 November 1947.

5

Other participants of meetings, seminars, training courses, symposiums, workshops and similar activities organized by the Office, including facilitators and translators, will enjoy immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in connection with their functions during these activities.

1

The privileges, immunities and facilities provided for in Articles 17, 18, 19, and 23 of this Agreement are granted in the interests of the Office and not for the personal benefit of the persons themselves.

2

The Secretary-General shall have the right and duty to waive the immunity granted under this Agreement of any person in any case where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the Office.

1

All differences arising out of the interpretation or application of this Agreement or supplementary arrangements or agreements between the Parties shall be settled by consultation, negotiation or other agreed mode of settlement.

2

If the difference is not settled in accordance with paragraph 1 of this Article within three months following a written request by one of the Parties to the difference, it shall, at the request of either Party, be referred to a Tribunal of three arbitrators. Each Party shall appoint one arbitrator, and the two arbitrators so appointed shall appoint a third, who shall be the chairperson of the Tribunal. If, within thirty days of the request for arbitration, a Party has not appointed an arbitrator, or if, within fifteen (15) days of the appointment of two arbitrators, the third arbitrator has not been appointed, either Party may request the President of the International Court of Justice to appoint the arbitrator referred to. The Tribunal shall determine its own procedures, provided that any two arbitrators shall constitute a quorum for all purposes, and all decisions shall require the agreement of any two arbitrators. The expenses of the Tribunal shall be borne by the Parties as assessed by the Tribunal. The arbitral award shall contain a statement of the reasons on which it is based and shall be final and binding on the Parties.

1

This Agreement may be amended by mutual written consent of the Parties.

2

This Agreement shall be reviewed at the request of either Party.

1

This Agreement shall be interpreted in light of its primary purpose of enabling UNDP through opening and maintaining its Office in the host State to fully and efficiently discharge its responsibilities and fulfil its purposes.

2

The provisions of this Agreement shall be complementary to the provisions of the General Convention and the Vienna Convention, the latter Convention only insofar as it is relevant for the diplomatic privileges, immunities and facilities accorded to the appropriate categories of persons referred to in this Agreement. Insofar as any provision of this Agreement and any provisions of the General Convention and the Vienna Convention relate to the same subject matter, each of these provisions shall be applicable, and neither shall narrow the effect of the other.

1

This Agreement shall enter into force on the day of its signature.

2

This Agreement shall cease to be in force by mutual consent of the Parties, or if the Office is removed from the territory of the host State or upon completion of the Office’s mandate, except for such provisions as may be applicable in connection with the orderly termination of the operations of the Office in the host State and the disposition of its property therein, as well as provisions granting immunity from legal process of every kind in respect of words spoken or written or all acts performed in an official capacity under this Agreement.