Gastlandverdrag tussen het Koninkrijk der Nederlanden en het Internationaal Instituut voor Democratie en Verkiezingsondersteuning inzake de immuniteit en privileges van het Internationaal Instituut voor Democratie en Verkiezingsondersteuning en zijn functionarissen

The Kingdom of the Netherlands

and

the International Institute for Democracy and Electoral Assistance (hereinafter referred to as “the Parties”),

Bearing in mind the policy of the Kingdom of the Netherlands to promote the development of the international legal order;

Welcoming the wish of the International Institute for Democracy and Electoral Assistance to establish an office in the Netherlands;

Noting that the International Institute for Democracy and Electoral Assistance was established as an international intergovernmental organization at a conference held in Stockholm, Sweden, on 27 February 1995;

Noting that Statutes of the Organization as amended were adopted at the Extraordinary session of International IDEA’s Council on 24 January 2006;

Noting that according to Article X of the Statutes of the Organization, the status, privileges and immunities of the Organization and its Officials in the host country shall be specified in a Host Country Agreement;

Further noting that the Parties have agreed to enter into such an Agreement;

Desiring to lay down conditions concerning the immunity and privileges of the Organization and its Officials;

have agreed as follows:

Article 1. Definitions

For the purpose of this Agreement,

• a). “Government” means the Government of the Kingdom of the Netherlands;

• b). “Organization” or “International IDEA” means the International Institute for Democracy and Electoral Assistance;

• c). „Host Country” means the Kingdom of the Netherlands;

• d). “Secretary-General” means the Secretary-General of the Organization and during his or her absence, any other Official specifically designated to act on his or her behalf;

• e). ‘Head of Office” means the Official of the Organization who represents the Secretary-General in the Host Country;

• f). “Officials” means persons employed by the Organization for its regular tasks who are not paid hourly rates;

• g). “Experts” means persons, other than Officials of the Organization, appointed for one or several specific tasks by the Organization;

• h). “emoluments” means all sums in respect of employment by the Organization paid to, vested in or accruing to an Official or Expert in any form whatsoever;

• i). “taxes being charged for public services” means such taxes, which are paid in connection with the provisions by a State or municipal authority of a particular service in direct relation to providing such a service;

• j). “family members” or “members of the family” means:

• i). the spouse of the person concerned;

• ii). the partner of the person concerned if the two persons have officially registered their relationship in the receiving State or in a third State if that registration is acceptable for the receiving State;

• iii). a person comparable to a spouse, i.e., a person who continuously shares a household and cohabits in a relationship resembling marriage with the person concerned;

• iv). children of the person concerned and his or her spouse or a person defined in sub-paragraphs ii and iii of paragraph i) of this Article, who form part of his or her household and who are under the age of 18 years or who are between the ages of 18 and 27 and who are engaged in full-time study in the Netherlands and/or dependent on his or her care or who are disabled;

• k). “premises” means the building or part thereof, including installations and facilities made available to, maintained or occupied or used by International IDEA in connection with its functions and purposes.

Article 2. Purpose

This Agreement shall regulate matters relating to or arising out of the establishment and the proper functioning of International IDEA in the Host Country. It shall, inter alia, create conditions conducive to the stability and independence of the Organization and facilitate its smooth and efficient functioning.

Article 3. Legal status and juridical personality

International IDEA shall possess in the Host Country full legal personality in accordance with Article 1.3 of its Statutes. This shall, in particular, include the capacity:

• a). to contract;

• b). to acquire and dispose of moveable and immoveable property;

• c). to institute proceedings.

Article 4. Inviolability of the premises

Article 5. Protection of the premises

Article 6. Public services for the premises

Article 7. Law and authority on the premises

Article 8. Facilities and immunities in respect of communications

Article 9. Inviolability of archives, documents and materials

The archives of the Organization, and all papers and documents in whatever form and materials being sent from or to the Organization, held by the Organization or belonging to it, wherever located and by whomsoever held, shall be inviolable.

Article 10. Freedom of financial assets from restrictions

• a). purchase, hold and use any currency;

• b). operate accounts in any currency;

• c). purchase, hold and use funds and securities;

• d). transfer its funds, securities and currencies to or from the Host Country, to or from any other country or within the Host Country and convert any currency held by it in any other countries.

Article 11. Funds, assets and other property

Article 12. Exemption from taxes and duties

• a). import taxes and duties (“belastingen bij invoer”);

• b). motor vehicle tax (“motorrijtuigenbelasting”, “MRB”);

• c). tax on passenger motor vehicles and motor cycles (“belasting van personenauto’s en motorrijwielen”, “BPM”);

• d). value added tax (“omzetbelasting”, “BTW”) paid on goods and services supplied on a recurring basis or involving considerable expenditure;

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

• f). real property transfer tax (“overdrachtsbelasting”);

• g). insurance tax (“assurantiebelasting”);

• h). energy tax (“regulerende energiebelasting”, “REB”);

• i). tax on water mains (“belasting op leidingwater”, “BOL”); and

• j). any other taxes and duties of a substantially similar character as the taxes provided for in this paragraph, imposed by the Kingdom of the Netherlands subsequent to the date of signature of this Agreement.

Article 13. Entry, stay and departure

• a). members of the Board of Advisers;

• b). members of the IDEA Council and other organs of International IDEA;

• c). the Head of Office;

• d). Officials, Experts and interns of International IDEA;

• e). other persons invited to the Office or to meetings of International IDEA on request of the Head of Office.

Article 14. Privileges, immunities and facilities of members of the Council and other organs of International IDEA

• a). immunity from legal process of any kind in respect of words spoken or written, and all acts performed by them in the exercise of their official functions;

• b). inviolability of their official papers, documents and other official materials;

• c). the same facilities as regards monetary and exchange regulations and as regards their personal luggage as are accorded to Officials of foreign governments on temporary official mission.

Article 15. Privileges, immunities and facilities of Officials and Experts of International IDEA

• a). immunity from legal process of any kind in respect of words spoken or written, and all acts performed by them in the exercise of their official functions;

• b). exemption from taxation on salaries, emoluments and allowances paid in respect of their employment with International IDEA;

• c). exemption, with respect to themselves, and members of the family forming part of the household, from immigration restrictions and alien registration;

• d). freedom to acquire and maintain within the Kingdom of the Netherlands or elsewhere foreign currency accounts and other movable property, and under the same conditions applicable to nationals of the Kingdom of the Netherlands, immovable property; and upon the termination of their employment with the Organization to take their funds out of the Kingdom of the Netherlands through authorized channels without prohibitions or restrictions;

• e). the same protection and repatriation facilities with regard to themselves and members of the family forming part of the household, as accorded in time of international crisis to members having comparable rank of the staff of diplomatic missions established in the Kingdom of the Netherlands;

• f). exemption from import taxes and duties, in respect of their furniture and personal effects, at the time of first taking up their position in the Netherlands; however, no exemption shall be accorded in respect of taxes and duties which represent charges for specific services.

• a). immunity from personal arrest or detention and from seizure of their personal baggage;

• b). immunity from legal process of any kind in respect of words spoken or written, and of acts performed by them in the exercise of their official functions;

• c). inviolability of their official papers, documents and other official materials;

• d). the same immunities and facilities with respect to their personal luggage as are accorded to members, having comparable rank, of the staff of diplomatic missions established in the Kingdom of the Netherlands;

• e). the same privileges with respect to currency and exchange restrictions as are accorded to representatives of foreign governments on temporary official mission;

• f). exemption from immigration restrictions.

• a). exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with International IDEA;

• b). 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 Country;

• c). immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity for International IDEA;

• d). inviolability of all papers, documents in whatever form and materials relating to the performance of their functions for International IDEA.

Article 16. Interns

• a). interns entered the Host Country in accordance with the applicable immigration procedures;

• b). interns have 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 month) and third party liability insurance, and shall not be a charge on the public purse in the Host Country;

• c). interns shall not engage in gainful employment in the Host Country during their internship other than as interns for International IDEA;

• d). interns shall not bring any family members to reside with them in the Host Country other than in accordance with the applicable immigration procedures;

• e). interns shall leave the Kingdom of the Netherlands within fifteen days after the end of the internship.

• a). immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity for International IDEA;

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

Article 17. Personnel recruited locally and not otherwise covered by this Agreement

Personnel recruited locally and assigned to hourly rates by International IDEA and not otherwise covered by this Agreement shall be accorded immunity from legal process in respects of words spoken or written and all acts performed by them in their official capacity for the Organization. The terms and conditions of employment of such individuals shall be in accordance with the relevant rules and regulations and policies of the Organization.

Article 18. Exceptions to immunities

The immunity granted to persons mentioned in Article 14, paragraph 1, and Article 15, paragraph 2, shall not extend to any civil action by a third party for damages, including personal injury or death, arising from a traffic accident caused by any such person.

Article 19. Protection of personnel

The Government shall – if so requested by the Head of Office – take all reasonable steps to ensure the necessary safety and protection to the persons mentioned in this Agreement whose security is endangered due to their services to International IDEA.

Article 20. Notification

• a). the list of members of the organs of International IDEA and shall revise such list from time to time as may be necessary;

• b). the appointment of Officials, their arrival and their final departure, or the termination of their employment with International IDEA;

• c). the arrival and final departure of members of the family forming part of the household of Officials and, where appropriate, the fact that a person has ceased to form part of a household;

• d). the arrival and final departure of domestic employees of Officials and, where appropriate, the fact that they are leaving the employ of such persons.

• a). the Officials of International IDEA;

• b). the members of the family forming part of the Official’s household who are not nationals of the Netherlands. The children of EU nationals in the age group 1-14 have to be registered with the Government but are excluded from receiving the identification card;

• c). the domestic employees of Officials, who are neither nationals of the Netherlands, nor in the possession of a valid permanent residence permit.

Article 21. Social security

Officials of the Organization shall be covered by appropriate social security arrangements made by the Organization and shall be exempt from any social security scheme established by the law of the Kingdom of the Netherlands, unless the Officials to whom the aforementioned scheme applies take up gainful activity in the Netherlands.

Article 22. Employment

Members of the family forming part of the household of Officials who are not nationals of a European Union member State, shall be granted working permits for the duration of the employment of the Official with International IDEA in the Kingdom of the Netherlands.

Article 23. Waiver of immunities

Article 24. Settlement of disputes

• a). disputes arising out of contracts and other disputes of a private law character to which International IDEA is a party;

• b). disputes involving an Official or Expert of International IDEA who, by reason of his or her official position, enjoys immunity, if such immunity has not been waived.

Article 25. Interpretation of the Agreement

This Agreement shall be interpreted in the light of its primary purpose of enabling International IDEA at its office in the Netherlands, to fully and efficiently discharge its responsibilities and fulfill its purposes.

Article 26. Termination and amendments of the Agreement

Article 27. Application

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

Article 28. Entry into force

This Agreement shall enter into force on the first day of the month after both Parties have notified each other in writing that the legal requirements for entry into force have been complied with.

IN WITNESS WHEREOF, the undersigned, duly authorized thereto, have signed this Agreement.

DONE at The Hague on 27 August 2012, in duplicate, in the English language.

For the Kingdom of the Netherlands,

R. SWARTBOL

For the International Institute for Democracy and Electoral Assistance,

KRISTEN SAMPLE