Convention for the Establishment of the Lake Victoria Fisheries Organization

 

Annex to the Convention

DRAFT HEADQUARTERS AGREEMENT

Recognition of the Lake Victoria Fisheries Organization and the granting of
privileges and immunities by the Host State

INTRODUCTION
Pursuant to Article III.1 of this Convention, and without prejudice to
Article XVII.2, the present Annex relates to the additional rights and
obligations of the Host State. It shall apply to the State referred to in Part B
(the State of Uganda) for as long as that State is the Host State.

PART A

GENERAL PROVISIONS

Section 1: Privileges, immunities and facilities accorded to the Lake Victoria
Fisheries Organization

1. Without prejudice to Article XVII.2 of this Convention, the Host State
undertakes to accord the following privileges, immunities and facilities to the
Lake Victoria Fisheries Organization and to its property, funds and assets,
wherever located in that State:

(a) immunity from every form of legal process, except insofar as in any
particular case the Organization has expressly waived immunity;

(b) immunity from search, requisition, confiscation, expropriation and
any other form of interference;

(c) freedom to hold funds or currency of any kind, to operate accounts in any
currency, to transfer funds or foreign currency within the Host State or abroad,
and to convert any foreign currency into any other currency;

(d) freedom from censorship of official correspondence and other official
communications;

(e) exemption from all direct and indirect taxes on the property, income and
official transactions of the Organization, except taxes that are no more than
charges for services rendered;

(f) exemption from customs duties and prohibitions and restrictions on imports
and exports in respect of articles imported or exported by the Organization, or
on publications issued by the Organization, for official purposes.

2. The Host State shall exercise due diligence to ensure that the security and
tranquillity of the premises of the Lake Victoria Fisheries Organization are not
in any way impaired and shall, at the request of the Executive Secretary of the
Organization, provide adequate police protection where necessary.

3. The Lake Victoria Fisheries Organization shall enjoy for its official
communications treatment not less favourable than that accorded to any other
international organization or government, including the diplomatic missions of
such other governments, in the Host State, in the matter of priorities and rates
for mail, cables, telephone and other communications.

Section 2: Privileges, immunities and facilities accorded to official
representatives, the Executive Secretary, the Deputy Executive Secretary and
other staff of the Lake Victoria Fisheries Organization

1. Without prejudice to Article XVII.2 of this Convention, the Host State undertakes to accord the following privileges, immunities and facilities:

(a) to the representatives or delegates of any Member State of the Lake
Victoria Fisheries Organization and of any international organization or
institution with respect to the performance of their official duties in
connection with the work of the Organization:

(i) immunity from personal arrest or detention, except in the case of flagrancy,
and from seizure of their personal baggage and, in respect of words spoken or
written and all acts done by them in their official capacity, immunity from
legal process of any kind;

(ii) inviolability for all papers and documents;

(iii) exemption in respect of themselves and their spouses from immigration
restrictions, alien registration or national service obligations;

(iv) the same facilities in respect of currency or exchange restrictions as are
accorded to representatives of foreign governments on temporary official
missions;

(b) to the Executive Secretary, the Deputy Executive Secretary and
other staff of the Organization:

(i) immunity from legal process in respect of words spoken or written and all
acts done by them in their official capacity;

(ii) exemption from taxation on the salaries and emoluments paid to them by the
Organization;

(iii) immunity, together with their spouses and dependants, from immigration
restrictions and alien registration;

(iv) together with their spouses and dependants, the same repatriation
facilities in time of crisis as officials of comparable rank of diplomatic
missions;

(c) to the Executive Secretary, the Deputy Executive Secretary and professionsal
staff, the right to import free of duty their furniture and effects, including
one car, at the time of first taking up their post in the Organization, as well
as replacements of such furniture and effects, including a car, at such
intervals as may be agreed upon by the Organization and the Government of the
Host State.

2. In addition to the privileges and immunities referred to in paragraph 1, the
Executive Secretary, the Deputy Executive Secretary and other staff of the
Organization, shall be granted the same privileges in respect of exchange
facilities as are accorded to officials of comparable rank of diplomatic
missions.

3. Subject to the application of measures for the maintenance of public health
and security agreed upon between the Host State and the Organization, the Host
State shall impose no impediment on the entry into, sojourn in and departure
from its territory of the representatives of the Member States of the
Organization and of International Organizations or institutions referred to in
paragraph 1(a), and their spouses, or of the Executive Secretary, the Deputy
Executive Secretary and other staff of the Organization, and their spouses and
dependants, or of any person visiting the Organization in connection with its
work.

4. Any visa required for any person referred to in paragraph 3 shall be granted
or extended promptly and without charge.

Section 3: Enforcement of the law of the Host State

The Lake Victoria Fisheries Organization shall cooperate with the appropriate
authorities of the Host State to facilitate the proper administration of
justice, secure the observance of police regulations, and prevent the occurrence
of any abuses in connection with the privileges, immunities and facilities
conferred pursuant to Article XVII.2 of this Convention or to the present Annex.
The Organization shall promptly examine requests for a waiver of immunity made
by the Host State.

Section 4: Amendment of this Part

1. Subject to paragraph 2, the present Part A of this Annex may be amended in
the manner set out in Article XX of this Convention.

2. Notwithstanding any other provision of this Convention, including
the present Annex, no amendment to this Part may be adopted unless the Host
State has expressly consented thereto.

PART B

SPECIFIC PROVISIONS CONCERNING THE STATE OF UGANDA

Section 1: Premises of the Lake Victoria Fisheries Organization and related
facilities

1. The seat of the Lake Victoria Fisheries Organization shall be located in ….

2. In fulfilment of its obligations in accordance with Article III.1 of the
Convention, the State of Uganda undertakes to arrange for:

(a) provision to the Organization for its exclusive use appropriately furnished
premises with an area of …. sq. metres adapted to the needs of the
Organization, and including a conference room, a library, eight offices and
other facilities;

(b) assisting the Executive Secretary, the Deputy Executive Secretary and the
international staff of the Organization, to lease upon reasonable terms,
suitable residential accommodation;

(c) responsibility for maintenance costs and provision of electricity and water
needed for the use of the office premises;

(d) provision to the Organization of equipment, fax, telex, telephone and
administrative support facilities;

(e) provision [or funding of posts] to the Organization of five General Service
staff, including two secretaries, one driver and two support staff.

3. The provisions of subparagraphs c, d, e of paragraph 2 above shall be subject
to review after three years.

4. At the request of the Lake Victoria Fisheries Organization, the State of
Uganda shall undertake at its own expense all necessary repairs to the premises
referred to in paragraph 2(a) with the exception of those which can be
considered as day-to-day maintenance of the said premises.

Section 2: Privileges, immunities and facilities

1. The taxes referred to in Section I, paragraph I(e), of Part A shall include
customs duties and dues on motor vehicles, furniture and equipment. Likewise,
legacies and donations, including anything considered necessary by the Lake
Victoria Fisheries Organization for its establishment or for attaining its
objectives, shall also be exempt from such taxes and dues.

2. Any funds or property transferred to the Lake Victoria Fisheries
Organization, for its functions, by any natural person or by any non-profit
organization shall be exempt from the payment of taxes.

3. Staff members of the Lake Victoria Fisheries Organization, including
the Executive Secretary and the Deputy Executive Secretary, shall, provided that
they are not nationals of the State of Uganda, be permitted to maintain assets
outside the State of Uganda and be exempt from any form of taxation on income
derived from sources outside the State of Uganda or on property outside the
State of Uganda. They shall furthermore be exempt from national service
obligations.

4. The State of Uganda shall adopt the legislation necessary to give effect to
the legal capacity of the Lake Victoria Fisheries Organization and to the
privileges, immunities and facilities referred to in this Convention, including
the present Annex.

Section 3: Amendment of this Part

1. Subject to paragraph 2, the present Part B of this Annex may be amended in
the manner set out in Article XX of this Convention.

2. Notwithstanding any other provision of this Convention, including the present
Annex, no amendment to this Part may be adopted unless the State of Uganda has
expressly consented thereto.

Done in Kisumu, Kenya, this First Day of July Nineteen Ninety Four, in a single
copy in English.

Author: international

Mentioned in these Entries

Convention for the Establishment of the Lake Victoria Fisheries Organization, International Organizations.