Algemene Overeenkomst betreffende de privileges en immuniteiten van de Internationale Politie Organisatie – INTERPOL

The States Parties to this General Agreement:

Considering that the International Criminal Police Organization – INTERPOL (“ICPO-INTERPOL”) aims, under the terms of its Constitution, to ensure and promote the widest possible mutual assistance between all criminal police authorities within the limits of the domestic laws of its Member Countries and in the spirit of the Universal Declaration of Human Rights, and to establish and develop all institutions likely to contribute effectively to the prevention and suppression of ordinary law crimes,

Reaffirming the principles and purposes set out in the ICPO-INTERPOL’s Constitution,

Considering that, in accordance with paragraph 3 of Article 30 of the ICPO-INTERPOL’s Constitution, all the ICPO-INTERPOL’s Member Countries shall do their best to assist the Secretary General and the staff of the ICPO-INTERPOL in the discharge of their functions,

Considering that, in accordance with Article 31 of the ICPO-INTERPOL’s Constitution, the ICPO-INTERPOL needs the constant and active cooperation of its Member Countries, who should do all within their power which is compatible with the legislation of their countries to participate diligently in its activities,

Considering that the ICPO-INTERPOL’s mandate, activities and operations take place in the territory of all its Member Countries, with the consequent mobility of persons, goods and services required to carry out these activities and operations,

Considering also that the Representatives of the Member Countries, the Members of Certain of the ICPO-INTERPOL’s Bodies, and the Officials of the ICPO-INTERPOL must enjoy privileges and immunities in order to discharge their functions on behalf of the ICPO-INTERPOL with complete independence,

Considering that the purpose of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of the functions of the Representatives of the Member Countries, the Members of Certain of the ICPO-INTERPOL’s Bodies, and the Officials of the ICPO-INTERPOL,

Desiring to clarify the extent of the privileges and immunities applicable to the ICPO-INTERPOL’s activities and operations,

Reaffirming the fundamental respect for the principles of the sovereign equality, territorial integrity, and political independence of States, and non-intervention by States in the domestic affairs of other States,

Convinced that granting such privileges and immunities will contribute to strengthening and developing international police cooperation,

Have agreed as follows:

Article 1. Definitions

• a). “Agreement” means the present General Agreement;

• b). “Archives of the ICPO-INTERPOL” means all information in any medium, including but not limited to the records, correspondences, papers, documents, manuscripts, photographs, films, recordings, computer programmes, video tapes, discs and data belonging to, sent to, received by, processed by, held by, produced by, elaborated by, or that is transiting through the ICPO-INTERPOL;

• c). “Constitution” means the Constitution of the ICPO-INTERPOL, which entered into force on 13 June 1956, and any subsequent amendments;

• d). “INTERPOL Information System” means all the structured material resources and software used by the ICPO-INTERPOL – databases, communications infrastructure, advanced sensor technology and other services – to process data through its channels in the context of international police cooperation;

• e). “Members of Certain of the ICPO-INTERPOL’s Bodies” means the members of the Executive Committee, the members of the Commission for the Control of Files and the Advisers;

• f). “Officials of the ICPO-INTERPOL” means the Secretary General and staff members of the General Secretariat, within the meaning of Article 27 of the Constitution, who are subject to the INTERPOL Staff Regulations and Rules;

• g). “Official Activities” means activities necessary for and carried out in the implementation of the ICPO-INTERPOL’s aims as set out in the Constitution;

• h). “Premises of the ICPO-INTERPOL” means the land, building(s) and/or parts of building(s), irrespective of ownership, used exclusively by the ICPO-INTERPOL in order to carry out its Official Activities, on a temporary or permanent basis, provided there is prior consent of the host country;

• i). “Property, Funds, and Assets” means property and funds owned, in custody of, or administered by the ICPO-INTERPOL in furtherance of its constitutional functions;

• j). “Representatives of Member Countries” means delegates from Member Countries duly accredited for attending sessions of the ICPO-INTERPOL’s bodies or conferences or meetings convened by the ICPO-INTERPOL;

• k). “State Party” means any Member Country of the ICPO-INTERPOL for which this Agreement has entered into force;

• l). “Statutory Meetings” means sessions of the ICPO-INTERPOL’s General Assembly and Executive Committee, Regional Conferences, Heads of National Central Bureaus Conferences, and any other meetings of a body or subsidiary body of the ICPO-INTERPOL held in accordance with the Constitution.

• a). Advisers;

• b). Commission for the Control of Files;

• c). Executive Committee;

• d). General Assembly;

• e). General Secretariat;

• f). National Central Bureau; and

• g). Secretary General.

Article 2. Object and purpose

This Agreement aims to grant the ICPO-INTERPOL privileges and immunities in order to carry out the missions outlined in its Constitution, specifically to support international police cooperation and the operations of the bodies mentioned in Article 5 of the Constitution. Each State Party shall grant to the ICPO-INTERPOL, its Officials, and other persons mentioned in Articles 8, 9, 10 and 11 privileges and immunities defined in this Agreement in order to enable the unhindered, independent, and responsible discharge of their functions in the interests of the ICPO-INTERPOL.

Article 3. Legal personality

• a). to contract;

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

• c). to institute legal proceedings.

Article 4. Immunity from legal process and other actions

• a). insofar as in any particular case it has expressly waived such immunity; the waiver of jurisdictional immunity is not intended to imply a waiver of immunity regarding enforcement measures, for which a separate waiver is required;

• b). in respect of the enforcement of an award made under a dispute settlement mechanism provided for under Article 15(a); and

• c). arising from civil actions brought in case of damage resulting from an accident caused by a motor vehicle or other means of transportation owned by or used on behalf of the ICPO-INTERPOL.

Article 5. Inviolability of archives and official correspondence

Article 6. Financial facilities

The ICPO-INTERPOL may, without being restricted by any financial controls, regulations or moratoria:

• a). Receive and hold funds and foreign exchange of any kind and open, operate and manage accounts in any currency; and

• b). Freely transfer its funds or currency within any country, or from one country to another, and convert any currency held by it into any other currency, according to the procedures established by the applicable national legislation.

Article 7. Tax exemptions for official use

Article 8. Travel for statutory meetings

• a). Representatives of Member Countries and their delegations;

• b). Members of the Executive Committee and their delegations;

• c). Officials of the ICPO-INTERPOL;

• d). Members of the Commission for the Control of Files and persons carrying out official duties on its behalf;

• e). Interpreters and minute-takers hired by the General Secretariat;

• f). Advisers; and

• g). Observers, experts, and other persons who have been officially invited to attend sessions of the ICPO-INTERPOL’s Statutory Meetings, or to attend conferences or meetings convened by the ICPO-INTERPOL, or who have been officially requested by the ICPO-INTERPOL to perform duties within the framework of its bodies.

Article 9. Members of certain of the ICPO-INTERPOL’s bodies

Members of Certain of the ICPO-INTERPOL’s bodies shall be granted within and with respect to the States Parties to this Agreement the following privileges and immunities while carrying out Official Activities and throughout their journey to or from the designated location where a meeting is held by the ICPO-INTERPOL:

• a). Immunity from personal arrest or detention;

• b). Immunity from inspection and seizure of their baggage;

• c). Immunity from legal process of every kind, even if they no longer hold the status referred to above, in respect of words spoken or written and all acts performed by them in their official capacity;

• d). Exemption from immigration restrictions or alien registration in the State Party they are visiting or through which they are passing in the exercise of their functions; and

• e). Inviolability of all papers, documents and data, whether in hard-copy or electronic format.

Article 10. Representatives of Member Countries

• a). Immunity from arrest or detention;

• b). Immunity from inspection and seizure of their baggage;

• c). Immunity from legal process of every kind, even if they no longer hold the status referred to above, in respect of words spoken or written and all acts performed by them in their official capacity;

• d). Exemption from immigration restrictions or alien registration in the State Party they are visiting or through which they are passing in the exercise of their functions; and

• e). Inviolability of all papers, documents and data, whether in hard-copy or electronic format.

Article 11. Officials of the ICPO-INTERPOL

• a). Immunity from legal process of every kind, even after they have ceased to be Officials of the ICPO-INTERPOL, in respect of words spoken or written and all acts performed by them in their official capacity;

• b). Immunity from immigration restrictions and alien registration. Applications for visas, where required, from Officials of the ICPO-INTERPOL, when accompanied by a certificate that they are travelling to carry out Official Activities of the ICPO-INTERPOL, shall be dealt with as quickly as possible by the States Parties in accordance with applicable legislation. In addition, such persons shall be granted facilities for speedy travel;

• c). Exemption from national service obligations;

• d). The same privileges in respect of foreign exchange as are granted by the State Party to members of diplomatic missions, having comparable rank;

• e). The same protection and repatriation facilities with respect to themselves and members of their families forming part of their households as are accorded, in times of international crisis, to members of the staff of diplomatic missions; and

• f). Exemption from taxation with respect to the emoluments, including salaries, salary supplements and allowances, as well as compensations and indemnities paid to them by the ICPO-INTERPOL.