Art. 10 Verdrag tussen het Koninkrijk der Nederlanden en de Internationale Organisatie voor Migratie inzake de juridische status, de privileges en immuniteiten van de Organisatie en haar medewerkers in Nederland — Privileges and immunities of the Chief of Mission and other staff members of the Organization

1. The staff members of the Organization shall enjoy such privileges, immunities and facilities as are necessary for the independent performance of their functions.They shall be accorded: immunity from personal arrest or detention or any other restriction of their liberty, and from seizure of their personal baggage; immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in their official capacity; inviolability of all official papers, documents in whatever form and materials; exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with the Organization; exemption from national service obligations; together with members of their family forming part of their household, exemption from immigration restrictions or alien registration; exemption from inspection of their personal baggage, unless there are serious grounds for believing that the baggage contains articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the host State; an inspection in such a case shall be conducted in the presence of the staff member concerned; the same privileges in respect of currency and exchange facilities as are accorded to the officials of comparable rank of diplomatic missions established in the host State; together with members of their family forming part of their household, the same repatriation facilities in time of international crisis as are accorded to diplomatic agents under the Vienna Convention; within the existing legal framework, 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 State, and to re-export their furniture and effects free of duties and taxes to their country of permanent residence. 2. In addition to the privileges and immunities specified in paragraph 1 of this Article: The Chief of Mission, together with members of the family forming part of the household who are not nationals or permanent residents of the host State, shall enjoy the same privileges and immunities as the host State accords to heads of diplomatic missions accredited to the host State in accordance with the Vienna Convention; The highest ranking staff, together with members of their family forming part of their household who are not nationals or permanent residents of the host State, shall be accorded the same privileges, immunities and facilities as the host State accords to diplomatic agents of comparable rank of the diplomatic missions established in the host State in conformity with the Vienna Convention, provided that the immunity from criminal jurisdiction and personal inviolability shall not extend to acts performed outside the course of their official duties; Administrative and technical staff shall be accorded the same privileges, immunities and facilities as the host State accords to members of the administrative and technical staff of diplomatic missions established in the host State, in conformity with the Vienna Convention, provided that the immunity from criminal jurisdiction and personal inviolability shall not extend to acts performed outside the course of their official duties; Service staff of the Organization shall enjoy the same privileges and immunities as the host State accords to service staff of the diplomatic missions established in the host State in accordance with the Vienna Convention. 3. The host State shall, in consultation with the Organization, determine which categories of personnel will be covered by each of the four groups referred to in paragraph 2 of this Article. 4. The host State shall not be obliged to exempt from income tax pensions or annuities paid to staff members of the Organization and their dependants. 5. Persons referred to in this Article who are nationals or permanent residents of the host State shall enjoy only the following privileges, immunities and facilities to the extent necessary for the independent performance of their functions: immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in the performance of their functions for the Organization; inviolability of all papers, documents in whatever form and materials relating to the performance of their functions for the Organization; exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with the Organization. within the existing legal framework, 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 State. 6. Immunity from jurisdiction shall not apply in the case of a civil action brought by a third party for damage resulting from a motor traffic offence. 7. The privileges and immunities accorded in this Agreement to the staff members of the Organization are provided solely to ensure in all circumstances the unimpeded functioning of the Organization and the complete independence of the persons to whom they are accorded and not for the personal benefit of the individuals themselves.

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