Overeenkomst tussen het Koninkrijk der Nederlanden en het Gemeenschappelijk Fonds voor Grondstoffen betreffende de zetel van het Fonds

The Government of the Kingdom of the Netherlands

and

the Common Fund for Commodities,

Recalling that, during the United Nations Negotiating Conference on a Common Fund under the Integrated Programme for Commodities, the Government of the Kingdom of the Netherlands proposed Amsterdam as a suitable location for the Headquarters of the Common Fund for Commodities and that, at the First annual Meeting of the Governing Council of the Common Fund for Commodities in 1989, the Government of the Kingdom of the Netherlands gave certain undertakings regarding the provision and financing of office space for the Fund's Headquarters, conference facilities for its meetings and the costs of setting up the Headquarters,

Considering that the Governing Council of the Common Fund for Commodities decided to accept the offer of the Government of the Kingdom of the Netherlands to locate the Headquarters of the Fund in Amsterdam,

Bearing in mind that the Agreement Establishing the Common Fund for Commodities contains in its Articles 40 to 50 certain provisions regarding the legal status, privileges and immunities of the Fund in its Member States,

Taking into account that the establishment of the Headquarters of the Common Fund for Commodities in the territory of the Kingdom of the Netherlands makes further provisions desirable,

Have agreed as follows:

Article 1. Definitions

In this Agreement:

• a). the "Agreement of 1980" means the Agreement Establishing the Common Fund for Commodities, adopted at Geneva on 27 June 1980;

• b). "this Agreement" means the Agreement between the Kingdom of the Netherlands and the Common Fund for Commodities concerning the Headquarters of the Fund;

• c). "Member" means a State or an Intergovernmental Organization party to the Agreement of 1980;

• d). "the Fund" means the Common Fund for Commodities;

• e). "the Government" means the Government of the Kingdom of the Netherlands;

• f). "Managing Director" means the Managing Director of the Common Fund for Commodities referred to in Article 24 of the Agreement of 1980;

• g). "staff members" means persons appointed or recruited for employment with the Fund for the carrying out of its official activities other than persons in the domestic service of the Fund and persons recruited locally and assigned to hourly rates of pay;

• h). "official activities of the Fund" means those activities undertaken pursuant to the Agreement of 1980 and to decisions of the Executive Board and Governing Council of the Fund, including the Fund's administrative activities;

• i). "Premises of the Fund" or "Headquarters of the Fund" means buildings, parts of buildings, as well as conference facilities in use outside of the buildings normally occupied by the Fund for the fulfilment of its official functions;

• j). "archives of the Fund" means all records, correspondence, documents, manuscripts, computer records, photographs, films and recordings belonging to or held by the Fund and any other materials which the Managing Director and the Government may agree to form part of the archives of the Fund;

• k). "advisers" means persons designated by Members and notified to the Fund who act in an advisory capacity to the members of the Executive Board, the Governing Council or the Consultative Committee, and

• l). "experts" means persons, other than those referred to in sub-paragraph g. of this Article, designated by the Fund to perform official missions for the Fund.

Article 2. Status, privileges and immunities of the Fund

The status, privileges and immunities of the Fund in the Netherlands shall be governed by the provisions of Chapter X of the Agreement of 1980, as supplemented and augmented by the provisions of this Agreement.

Article 3. Legal Personality of the Fund

With reference to Article 41 of the Agreement of 1980, the Fund shall in the Netherlands possess full juridical personality under Netherlands law. This shall include the capacity:

• a). to contract;

• b). to acquire and dispose of immovable and movable property;

• c). to institute legal proceedings.

Article 4. Immunity from Juridical Proceedings

• a). by lenders of funds borrowed by the Fund with respect to such funds;

• b). by buyers or holders of securities issued by the Fund with respect to such securities, and

• c). by assignees and successors in interest thereof with respect to the aforementioned transactions.

Such actions may be brought only before courts of competent jurisdiction in places in which the Fund has agreed in writing with the other party to be subject. However, if no provision is made as to the forum, or if an agreement as to the jurisdiction of such courts is not effective for reasons other than the fault of the party bringing legal action against the Fund, then such action may be brought before a competent court in the place in which the Fund has its Headquarters or has appointed an agent for the purpose of accepting service or notice of process.

The Fund may agree with its creditors to limit the property or assets of the Fund which may be subject to execution in satisfaction of a final judgement.

Article 5. Immunity of assets from other actions

The property and assets of the Fund, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference or taking whether by executive or legislative action.

Article 6. The Headquarters

Article 7. Protection of the Headquarters

The Government of the Netherlands shall exercise due diligence to ensure that the security and tranquility of the Headquarters are not impaired by any person or group of persons attempting unauthorized entry into, or creating a disturbance in the immediate vicinity of the Headquarters. When necessary for these purposes, the appropriate authorities shall provide adequate police protection in the vicinity of the Headquarters and within those Headquarters if so requested by the Managing Director when he or she has reasonable grounds for believing that disturbances of a serious nature have occurred or are about to occur in the Headquarters.

Article 8. Inviolability of the Premises

Article 9. Inviolability of Archives

The archives of the Fund, wherever located and by whomever held, shall be inviolable.

Article 10. Facilities and Immunities in respect of Communications

Article 11. Facilities and Immunities in respect of Publications

The circulation of publications and other information material sent by or to the Fund, in the fulfilment of its purposes, shall not be restricted in any way.

Article 12. Exemption from taxes and duties

• a). enjoy exemption, within the scope of its official activities from all direct taxes including income tax, capital tax, corporation tax and direct taxes levied by local authorities;

• b). enjoy exemption from stock-exchange tax, insurance tax, tax on capital duty and real property transfer tax;

• c). be granted exemption from motor vehicle tax in respect of its motor vehicles used for its official activities. In order to obtain this exemption the Fund shall file a request for each purchase to which this exemption is applicable;

• d). be accorded a refund of Value Added Tax paid on the supply of goods or services of substantial value, with the exception of motor vehicles, necessary for its official activities. In this connection it is envisaged that claims for a refund will be made only in respect of goods and services supplied on a recurring basis or involving considerable expenditure as defined from time to time by the Government in respect of international organizations in the Netherlands;

• e). be accorded a refund of the excise duty element included in the price of (i) alcoholic beverages and (ii) hydrocarbons such as fuel oils and motor fuels purchased by the Fund for its official activities, and

• f). enjoy exemption from all import duties and taxes, including Value Added Tax, in respect of goods and motor vehicles, whose import or export by the Fund is necessary in the performance of its official activities.

Article 13. Freedom of Financial Assets from Restriction

Without being restricted by financial controls, regulations, notification requirements in respect of financial transactions, or moratoria of any kind, the Fund may:

• a). hold funds, gold or currency of any kind and operate accounts in any currency;

• b). freely transfer its funds, gold or currency to or from the Netherlands or within the Netherlands and convert any currency held by it into any other currency.

Article 14. Permanent Liaison with the Fund

A Member may, after it has given due notification to the Government, assign its head of mission accredited in the Netherlands or any member of his or her diplomatic staff to serve as a permanent liaison between the member concerned and the Fund.

Article 15. Privileges and Immunities of Governors, Executive Directors, Members of the Consultative Committee, Alternates, Advisers and Experts

• a). personal inviolability, including immunity from personal arrest or detention, except in cases of flagrante delictu;

• b). except as provided in sub-paragraph c) of paragraph 1 of this Article, immunity from legal process of any kind with respect to words spoken or written, and all acts done by them in the performance of their official functions, it being understood that such immunity shall continue notwithstanding that the persons concerned may have ceased to perform such functions;

• c). in any event, immunity shall not extend to a civil action by a third party for damage arising from an accident caused by a motor vehicle, belonging to, driven by or operated on behalf of a person mentioned in this paragraph or in respect of a motor traffic offence involving such vehicle;

• d). inviolability of all their official papers and documents;

• e). the right to use codes and to receive communications by courier or in sealed bags;

• f). exemption with respect to themselves and their spouses from all measures restricting entry and alien registration, any visas which may be required shall be granted without charge and as promptly as possible;

• g). the same facilities with respect to currency or exchange regulations and as regards their personal luggage as are accorded to representatives of foreign Governments on temporary official missions.

Article 16. Privileges and Immunities of the Managing Director and his senior staff

Article 17. Privileges and Immunities of the Staff of the Fund