Gastlandverdrag tussen het Koninkrijk der Nederlanden en de Internationale Organisatie voor Ontwikkelingsrecht

The Kingdom of the Netherlands

and

the International Development Law Organization (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 Development Law Organization (IDLO) to establish an office in the Netherlands;

Noting that IDLO was established as an intergovernmental organization at Rome, Italy, on February 5, 1988;

Noting that the Governance Documents of IDLO, as most recently amended on December 13, 2012, were adopted by its Assembly of Parties;

Desiring to lay down conditions concerning the privileges, immunities, facilities, and services of and related to IDLO in the territory of the Host Country as are necessary for the fulfillment of IDLO’s purposes;

Have agreed as follows:

Article 1. Definitions

For the purpose of this Agreement,

• 1. “Agreement” means this Host Country Agreement between the Kingdom of the Netherlands and the International Development Law Organization;

• 1. “Government” means the Government of the Kingdom of the Netherlands;

• 1. “Competent authorities” means national, provincial, municipal and other official authorities under the laws, regulations and customs of the host State;

• 1. “Organization” or “IDLO” means the International Development Law Organization;

• 1. “Host Country” means the Kingdom of the Netherlands;

• 1. “Host Country Office” means the IDLO Office in the Netherlands;

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

• 1. “Head of Office” means the IDLO Official who has been designated to represent the Director-General in the Host Country;

• 1. “Officials” means persons, however denominated and at whatever level of seniority, including the Director-General, who undertake one or more of the Organization’s core day-to-day functions and who are not paid hourly rates;

• 1. “Experts” means persons who are appointed to support the work of the Organization and its Officials on one or more specific tasks or projects with specialized skills;

• 1. “Interns” means all those persons employed by the Organization on a temporary unsalaried basis who may or may not receive a stipend, and therefore encompass pro bono consultants, persons similarly situated, and anyone seconded to IDLO where the sending party is responsible for paying the individual’s salary;

• 1. “Employees” means all those persons holding an employment contract with the Organization, including Officials, Experts, Interns, and persons paid hourly rates;

• 1. “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;

• 1. “Family members forming part of the household” 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 Host Country or in a third State if that registration is acceptable for the Host Country;

• 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 or a person defined in sub-paragraphs i, ii or iii 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;

• 1. “Premises” means the building, or part thereof, including installations, facilities, and any ancillary land made available to, maintained, or occupied or used by IDLO in connection with its functions and purposes;

• 1. “Property” means all property (be it material, real, or intellectual), assets, and funds belonging to the Organization or held or administered by the Organization in furtherance of its functions;

• 1. “Regulations” means the IDLO Staff Rules and Regulations, dated March 23, 2011; the IDLO Personnel Handbook, dated January 1, 2011; the IDLO Code of Conduct (undated); and all Policies and Administrative Notices issued by the Director-General; any of which may be amended and/or retitled from time to time; and

• 1. “Organs of IDLO” means the Governing Bodies of the Organization, including but not limited to the Assembly of Parties, the Standing Committee, the Board of Advisors, and the Audit and Finance Committee.

Article 2. Purpose

This Agreement shall regulate matters relating to or arising out of the establishment and the proper functioning of IDLO 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

The Government recognizes IDLO as an Intergovernmental Organization with legal personality and the capacity to perform legal acts required for the performance of its functions. This shall, in particular, include the capacity:

• a). to contract;

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

• c). to participate in legal 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

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

The Organization may purchase, receive, convert and hold any kind of funds, currency, cash or securities. It may use or 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 11. Funds, assets, and other property

Article 12. Exemption of the Organization and its property from taxes and duties

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

• 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”);

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

Article 13. Entry, stay and departure

• a). members of the Assembly of Parties;

• b). members of the Board of Advisors;

• c). members of the Standing Committee;

• d). members of the IDLO International Advisory Board and any other organs of IDLO not reflected above;

• e). the Director-General;

• f). the Head of Office;

• g). Officials, Experts, and Interns of IDLO;

• h). other persons invited to the Host Country Office or to meetings of IDLO upon request of the Head of Office or the Director-General.

Article 14. Privileges, immunities, and facilities of members of the Assembly of Parties and other organs of IDLO

• 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 foreign government officials on temporary official mission.

Article 15. Privileges, immunities, and facilities of Officials and Experts of IDLO

• 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). immunity from seizure and inspection of official baggage;

• c). exemption from taxation on salaries, emoluments, and allowances earned in respect of their employment with IDLO;