Art. 4 Overeenkomst tussen het Koninkrijk der Nederlanden en het Gemeenschappelijk Fonds voor Grondstoffen betreffende de zetel van het Fonds — Immunity from Juridical Proceedings

1. The Fund shall enjoy immunity from every form of legal process, except for actions which may be brought against the Fund: by lenders of funds borrowed by the Fund with respect to such funds; by buyers or holders of securities issued by the Fund with respect to such securities, and by assignees and successors in interest thereof with respect to the aforementioned transactions. Such actions may be brought only before courts of competent jurisdiction in places in which the Fund has agreed in writing with the other party to be subject. However, if no provision is made as to the forum, or if an agreement as to the jurisdiction of such courts is not effective for reasons other than the fault of the party bringing legal action against the Fund, then such action may be brought before a competent court in the place in which the Fund has its Headquarters or has appointed an agent for the purpose of accepting service or notice of process. 2. No action shall be brought against the Fund by Members, Associated International Commodity Organizations (ICOs), International Commodity Bodies (ICBs), or their participants, or persons acting for or deriving claims from them, except in cases as in paragraph 1 of this Article. Nevertheless, Associated ICOs, ICBs, or their participants shall have recourse to such special procedures to settle controversies between themselves and the Fund as may be prescribed in agreements with the Fund, and, in the case of Members, in this Agreement and in any rules and regulations adopted by the Fund. 3. Notwithstanding the provisions of paragraph 1 of this Article, property and assets of the Fund, wherever located and by whomsoever held, shall be immune from search, any form of taking, foreclosure, seizure, all forms of attachment, injunction, or other judicial process impeding disbursement of funds or covering or impeding disposition of any commodity stocks or Stock Warrants, and any other interlocutory measures before the delivery of a final judgement against the Fund by a court having jurisdiction in accordance with paragraph 1 of this Article. The Fund may agree with its creditors to limit the property or assets of the Fund which may be subject to execution in satisfaction of a final judgement. 4. In any event, immunity shall not extend to an action for damages arising out of an accident caused by a vehicle belonging to or operated on behalf of the Fund, where those damages are not recoverable from insurance.

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