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Artikel 15

Privileges, immunities, and facilities of Officials and Experts of IDLO

Onderdeel van Gastlandverdrag tussen het Koninkrijk der Nederlanden en de Internationale Organisatie voor Ontwikkelingsrecht· Internationaal publiekrecht

Deze tekst geldt sinds 1 januari 2014

1. Officials of IDLO shall enjoy within the Host Country the following privileges and immunities: 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; immunity from seizure and inspection of official baggage; exemption from taxation on salaries, emoluments, and allowances earned in respect of their employment with IDLO; exemption from any form of direct taxation on income derived from sources outside the Host Country; exemption, with respect to themselves, and family members forming part of the household, from immigration restrictions and alien registration; freedom to acquire and maintain within the Host Country or elsewhere foreign currency accounts and other movable property, and under the same conditions applicable to nationals of the Host Country, immovable property; and upon the termination of their employment with the Organization to take their funds out of the Host Country through authorized channels without prohibitions or restrictions; the same protection and repatriation facilities with regard to themselves and family members forming part of the household, as accorded in time of international crisis to members having comparable rank of the staff of diplomatic missions established in the Kingdom of the Netherlands; exemption from import taxes and duties, in respect of their furniture and personal effects, at the time of first taking up their position in The Netherlands; however no exemption shall be accorded in respect of taxes and duties which represent charges for specific services. 2. In addition to the privileges, immunities, and facilities listed in paragraph 1 of this Article, the Director-General and the Head of Office, together with family members forming part of their household who are not nationals or permanent residents in the Kingdom of the Netherlands, shall be accorded the same privileges, immunities, and facilities as the Government accords to the heads of diplomatic missions established in the Kingdom of the Netherlands. 3. In addition to the privileges, immunities, and facilities listed in paragraph 1 of this Article, other Officials than those referred to in paragraph 2, together with their family members forming part of their household who are not nationals or permanent residents in the Kingdom of the Netherlands, shall be accorded the same privileges, immunities, and facilities as the Government accords to diplomatic agents or administrative and technical staff of comparable rank of the diplomatic missions established in the Kingdom of the Netherlands, except that immunity from criminal jurisdiction and personal inviolability shall not extend to acts performed outside the course of their official duties. 4. Experts shall enjoy within the Host Country the following privileges and immunities insofar as they may be necessary for the effective exercise of their functions in connection with service on such missions, committees, or other subsidiary bodies, and during attendance at such meetings: immunity from legal process of any kind in respect of words spoken or written, and of acts performed by them in the exercise of their official functions; immunity from personal arrest or detention and from seizure of their personal baggage; inviolability of their official papers, documents, and other official materials; the same immunities and facilities with respect to their personal luggage as are accorded to members having comparable rank of the staff of diplomatic missions established in the Kingdom of the Netherlands; the same privileges with respect to currency and exchange restrictions as are accorded to representatives of foreign governments on temporary official mission; and exemption from immigration restrictions. 5. Where the incidence of any form of taxation depends upon residence, periods during which the Officials and Experts are present in the Host Country for the discharge of their functions shall not be considered as periods of residence. 6. The Host Country shall not be obliged to exempt from income tax pensions or annuities paid to former Officials and Experts and members of their family forming part of the household. 7. Persons referred to in this Article who are nationals or permanent residents of the Host Country shall enjoy within the Host Country only the following privileges, immunities, and facilities to the extent necessary for the independent performance of their functions: exemption from taxation on salaries, emoluments, and allowances paid to them in respect of their employment with IDLO; 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 Country; immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity for IDLO; and inviolability of all papers, documents, in whatever form, and materials relating to the performance of their functions for IDLO.

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