Agreementbetween the Government of the Republic of Kazakhstanand the International Committee of the Red Crosson the status, privileges and immunitiesof the International Committee of the Red Cross Delegationin the Republic of Kazakhstan
The Government of the Republic of Kazakhstan and the International Committee of the Red Cross(hereinafter the ICRC), jointly referred to as the Parties,considering the work done by the ICRC in providing without discrimination protection and assistance with a view to relieving human suffering,bearing in mind the interests of the Republic of Kazakhstan and the wish expressed by the ICRC to carry out the humanitarian tasks entrusted to it under the 1949 Geneva Conventions and the 1977 Additional Protocols, to which the Republic of Kazakhstan is a party, the Statutes of the International Red Cross and Red Crescent Movement and the Resolutions of the International Conferences of the Red Cross and Red Crescent,have agreed as follows:Article 1. Status of the ICRCThe legal status of the ICRC Delegation on the territory of the host state shall be not less favourable than that of the international organisations. The ICRC Delegation shall enjoy that kind of legal capacity on the territory of the host state which is necessary for the realization of its aims and tasks.Article 2. Legal personalityThe Government of the Republic of Kazakhstan recognises the legal personality of the ICRC Delegation, including but not limited to its capacity to contract obligations, take part in legal proceedings and acquire rights, and to acquire and dispose of movable and immovable property.Article 3. Immunity of the ICRC, its property and assets1. The ICRC Delegation, its property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal and administrative process, except insofar as in any particular case the ICRC Delegation has expressly waived its immunity.2. The premises of the ICRC Delegation shall be inviolable. The property and assets of the ICRC Delegation, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, judicial, administrative or legislative action.Article 4. Inviolability of ICRC archivesThe ICRC Delegation's archives and, in general, all documents belonging to it or held by it, shall be inviolable, wherever located.Article 5. Communications1. The ICRC Delegation shall be free to use, for official purposes and without any interference, the means of communication it deems most appropriate for its contacts, in particular with ICRC headquarters in Geneva, with other related international agencies and organisations, with government departments, and with corporate bodies or private individuals.2. The ICRC Delegation shall have the right to install on its premises radio-communications equipment and to use mobile equipment within the territory of the host state. The ICRC Delegation shall be exempt from licensing fees and from all other related fees and charges. The ICRC Delegation shall use the frequencies assigned to it for this purpose by the competent authorities of the Republic of Kazakhstan, in accordance with Resolution No. 10 (REV.WRC-2000) of the International Telecommunication Union.3. In all matters relating to official communications, the ICRC Delegation shall enjoy treatment not less favourable than that accorded to international organisations as concerns priorities, rates and taxes.4. The ICRC Delegation shall have the right to dispatch and receive its correspondence by courier or in sealed bags, which shall have the same immunities and privileges as diplomatic courier and bags, provided these bags are bearing visible external marks of their character and contain only documents or articles intended for official use by the ICRC Delegation.Article 6. Confidentiality of ICRC’ and its Delegation’ reports, letters and other communicationsThe Government of the Republic of Kazakhstan undertakes to respect the confidentiality of ICRC reports, letters and other communications of the ICRC Delegation, which respect includes neither divulging their content to anyone other than the intended recipients, nor permitting their use in legal proceedings, without a prior written consent of the ICRC Delegation.Article 7. Financial resources of the ICRC1. The ICRC Delegation shall have the right to hold national or foreign currency and other financial assets, and to operate accounts in any currency, without being subject to the legislation of the Republic of Kazakhstan governing exchange control and related matters.2. The ICRC and its Delegation shall have the right freely to transfer funds in national or foreign currency to, from and within the country, and to convert such assets freely into other currencies.Article 8. Exemption from taxes1. The ICRC and its Delegation, its assets, income and property shall be exempt from all taxes collected on the territory of the host state except for those which constitute charges for public utility services.2. The ICRC and its Delegation shall be exempt from all taxes collected on the territory of the host state for the purchase of articles and services intended for official use and realization of the ICRC assistance programmes within the Republic of Kazakhstan. Article 9. Exemption from customs duties1. Within the territory of the Republic of Kazakhstan, the ICRC and its Delegation shall be exempt from customs duties, taxes and dues on all goods and materials (including ICRC publications and audio-visual materials) intended for official use and/or for ICRC assistance programmes within the Republic of Kazakhstan or in another country.2. The ICRC Delegation shall be granted air-traffic rights and be exempt from overflying and landing fees for its flights carrying humanitarian goods for the Republic of Kazakhstan or overflying its territory.Article 10. Status of members of the Delegation1. Expatriate members of the ICRC delegations, their spouses, and dependants shall have the same status as that accorded to the members of diplomatic missions accredited in the Republic of Kazakhstan.2. They shall enjoy immunity from any form of judicial or administrative process, including personal arrest or detention, seizure of their personal baggage, and from being called as a witness or being required to give evidence, in respect to acts and/or omissions relating to the exercise of their functions.3. Their private residences, vehicles, documents, manuscripts and all other personal effects shall be inviolable.4. They shall be exempt from all immigration fees and restrictions, alien registration and national service obligations.5. They shall have the right to import their personal effects, including vehicles, duty-free. They shall enjoy the same exemptions on their departure.6. They shall have the right to sell their personal belongings in the Republic of Kazakhstan under the same conditions as those accorded to the members of diplomatic representations of foreign states accredited in the Republic of Kazakhstan.7. In the event of disturbances or armed conflict, they shall be granted the necessary facilities to leave the territory of the host state, if they wish to do so, by the means they consider to be safest and quickest.8. They shall benefit from the same privileges in respect of exchange facilities as are accorded to the members of diplomatic representations of foreign states accredited in the Republic of Kazakhstan.9. Expatriate members of the ICRC Delegation shall be exempt from all taxes on salaries and other emoluments paid by the ICRC or received by them from outside the Republic of Kazakhstan in general.10. In addition to the above-mentioned privileges and immunities, the Head of the ICRC Delegation, his/her Deputy and their spouses, other relatives and dependants shall benefit from the same status that is accorded under the Vienna Convention on Diplomatic Relations of 18 April 1961 to diplomatic agents.11. Members of the Delegation who are citizens of the Republic of Kazakhstan or are permanent residents in that country shall not benefit from the immunities, privileges and facilities listed in paragraphs 1 to 10 above except the immunity from judicial proceedings in respect to acts performed in the exercise of their functions. 12. The ICRC shall inform the competent authorities of the names, titles and functions of the ICRC Delegation staff working in the Republic of Kazakhstan.13. The members of the ICRC Delegation undertake to respect the legislation of the Republic of Kazakhstan from the moment they arrive on the territory of the Republic of Kazakhstan and shall benefit from their protection.Article 11. ICRC representatives on temporary missionRepresentatives of the ICRC on temporary mission in the Republic of Kazakhstan shall benefit from the privileges and immunities set forth in Article 10, paragraphs 2, 3, 4, 5, 7 and 8.Article 12. Documents of icrc members1. Expatriate members of the ICRC Delegation and ICRC representatives on temporary mission shall hold a passport with a valid visa and a document called "Identity document and commission", attesting to the bearer's identity and to his / her status as an ICRC staff member.2. Expatriate members of the ICRC Delegation shall use their passports with valid visas for crossing the Republic of Kazakhstan's State border and moving inside its territory. The authorities of the Republic of Kazakhstan shall accept this document as a valid travel document. Upon presentation by the bearer, they shall facilitate crossing of the Republic of Kazakhstan's State border and travel within the state.Article 13. Cooperation with the host state1. The ICRC and its Delegation shall co-operate with the authorities at all times with a view to preventing any form of abuse of the privileges, immunities and facilities provided for in this Agreement.2. The ICRC Delegation may waive any immunity, in any case where, in its sole opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the ICRC.Article 14. InterpretationThe present Agreement shall be interpreted in the light of its primary objectives, which are to enable the ICRC Delegation to assume its responsibilities, to discharge its duties and to carry out its programmes fully and efficiently.Article 15. Settlement of disputes by negotiationAll disputes and differences between the Parties with regard to interpretation or application of the provisions of the present Agreement shall be resolved by way of mutual consultations and negotiations.Article 16. ArbitrationShould the above-mentioned negotiations fail, the difference shall be submitted for final decision to an arbitral tribunal made up by three arbitrators, one to be named by the Government of the Republic of Kazakhstan, another by the President of the ICRC and the third by both parties or, failing agreement by them, by the President of the International Court of Justice. The decision of the tribunal so constructed shall be final and may not be appealed.Article 17. Amendments to the present agreementThe provisions of the present Agreement may be amended and supplemented at any time by agreement of the Parties, the said amendments and additions being an integral part of the Agreement and formalized by separate protocols that shall enter into force in the order established by article 19 of the present Agreement.Article 18. Complementary agreementsThe Government of the Republic of Kazakhstan and the ICRC may agree to conclude complementary Agreements.Article 19. Entry into forceThe present Agreement shall enter into force from the day of receiving by the ICRC Delegation via diplomatic channels of the written notification of the Government of the Republic of Kazakhstan on the fulfilment of internal state procedures necessary for entering into force of the present Agreement.Article 20. TerminationThe Parties may terminate the present Agreement by way of forwarding via diplomatic channels by one Party to another Party of a written notification on such an intent within the minimum of six months’ notice, after which the present Agreement shall cease to have effect.Article 21. Originals and depositoryThe present Agreement shall consist of duplicate originals in Kazakh, English and Russian languages, one of which shall be deposited with the Government Republic of Kazakhstan, the other one with the ICRC. All texts are equally authoritative.Done this ___ day of__________ at __________ .For the Governmentof the Republic of KazakhstanFor the International Committeeof the Red Cross_________________ __________________
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