Verdrag tussen het Koninkrijk der Nederlanden en de Internationale Organisatie voor Migratie inzake de juridische status, de privileges en immuniteiten van de Organisatie en haar medewerkers in Nederland

The Kingdom of the Netherlands,

and

The International Organization for Migration, hereinafter called the Organization,

Recalling the Agreement between the Kingdom of the Netherlands and the International Organization for Migration on the Legal Status, the Privileges and Immunities of the Organization in the Netherlands concluded on 1 May 1990,

Considering that the Kingdom of the Netherlands is a founding member of the Organization,

Desirous of further strengthening and developing the friendly relations and cooperation between the Kingdom of the Netherlands and the Organization,

Considering that the purpose and functions of the Organization and the activities carried out by the Organization and its staff warrant the granting in the Kingdom of the Netherlands to the Organization and its staff of privileges and immunities substantially identical to those accorded to other intergovernmental organizations in the Netherlands and their staff,

Have agreed as follows:

Article 1. Definitions

In this Agreement:

• a). „Constitution” means the Constitution of the International Organization for Migration;

• b). „Organization” means the International Organization for Migration;

• c). „Chief of Mission” means the Chief of Mission of the Organization in the Netherlands;

• d). „staff member” means any person appointed or recruited for employment with the Organization in the Netherlands to carry out its official activities and subject to IOM staff regulations and rules, except those who are locally recruited and remunerated on an hourly basis;

• e). „members of the family forming part of a Staff member’s household” has the meaning specified in Article 11 of this Agreement;

• f). „Office of the Organization” means the Office of the International Organization for Migration in the Netherlands;

• g). „premises” means the buildings, parts of buildings and land or facilities ancillary thereto, including installations and facilities made available to, or maintained, occupied or used by, the Organization in the Netherlands for the performance of its official activities;

• h). „archives of the Organization” means all records, correspondence, documents, manuscripts, computer and media data, photographs, films, video and sound recordings and any other material belonging to or held by the Organization or any of its staff members in an official function;

• i). „host State” means the Kingdom of the Netherlands;

• j). „Government” means the Government of the Kingdom of the Netherlands;

• k). „the competent authorities” means national, provincial, municipal and other competent authorities under the laws, regulations and customs of the host State;

• l). „The Vienna Convention” means the Vienna Convention on Diplomatic Relations of 18 April 1961.

Article 2. Legal personality

The Organization shall possess full international legal personality in the Netherlands pursuant to Article 27 of the Constitution.

Article 3. Funds, assets and other property

a). The Organization, its funds, assets and other property, wherever located and by whomever held, shall enjoy immunity from every form of legal process, except in so far as in any particular case the Organization has expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution.

b). Funds, assets and other property of the Organization, 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.

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

Article 4. Inviolability of the premises

Article 5. Inviolability of the Archives and official equipment

Article 6. Law and authority in the Office of the Organization

Article 7. Facilities and immunities in respect of communications and publications

Article 8. Exemption of the Organization and its property from taxes and duties

• a). motor vehicle tax (motorrijtuigenbelasting);

• b). tax on passenger motor vehicles and motorcycles (BPM);

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

• d). excise duty (accijns) included in the price of alcoholic beverages and hydrocarbons;

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

• f). insurance tax (assurantiebelasting);

• g). real property transfer tax (overdrachtsbelasting);

• h). any other taxes and duties of a substantially similar character to the taxes and duties provided for in this paragraph, imposed by the host State subsequent to the date of signature of this Agreement.

Article 9. Freedom of financial assets from restrictions

The Organization may receive and hold any kind of funds, currency, cash or securities. It may dispose of them freely for any purpose in accordance with its official activities and hold accounts in any currency to the extent required to meet its obligations.

Article 10. Privileges and immunities of the Chief of Mission and other staff members of the Organization

• a). immunity from personal arrest or detention or any other restriction of their liberty, and from seizure of their personal baggage;

• b). immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in their official capacity;

• c). inviolability of all official papers, documents in whatever form and materials;

• d). exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with the Organization;

• e). exemption from national service obligations;

• f). together with members of their family forming part of their household, exemption from immigration restrictions or alien registration;

• g). exemption from inspection of their personal baggage, unless there are serious grounds for believing that the baggage contains articles the import or export of which is prohibited by the 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 staff member concerned;

• h). 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;

• i). together with members of their family forming part of their household, the same repatriation facilities in time of international crisis as are accorded to diplomatic agents under the Vienna Convention;

• j). within the existing legal framework, 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 permanent residence.

• a). The Chief of Mission, together with members of the family forming part of the household who are not nationals or permanent residents of the host State, shall enjoy the same privileges and immunities as the host State accords to heads of diplomatic missions accredited to the host State in accordance with the Vienna Convention;

• b). The highest ranking staff, together with members of their family forming part of their 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, provided that the immunity from criminal jurisdiction and personal inviolability shall not extend to acts performed outside the course of their official duties;

• c). Administrative and technical staff shall be accorded the same privileges, immunities and facilities as the host State accords to members of the administrative and technical staff of diplomatic missions established in the host State, in conformity with the Vienna Convention, provided that the immunity from criminal jurisdiction and personal inviolability shall not extend to acts performed outside the course of their official duties;

• d). Service staff of the Organization shall enjoy the same privileges and immunities as the host State accords to service staff of the diplomatic missions established in the host State in accordance with the Vienna Convention.

• a). immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in the performance of their functions for the Organization;

• b). inviolability of all papers, documents in whatever form and materials relating to the performance of their functions for the Organization;

• c). exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with the Organization.

• d). within the existing legal framework, 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.