Art. 16 Gastlandverdrag tussen het Koninkrijk der Nederlanden en de Internationale Commissie voor Vermiste Personen — Privileges, immunities, and facilities of officials

1. Officials shall enjoy within the host State 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 restrictions on the transport of biological sample material for human identification purposes; exemption from taxation on salaries, emoluments, and allowances earned in respect of their employment with the ICMP; 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 State or elsewhere foreign currency accounts and other movable property, and under the same conditions applicable to nationals of the host State, immovable property; and upon the termination of their professional activities with the ICMP to take their funds out of the host State 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 host State; 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 host State; 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 together with his or her family members forming part of his or her household who are not nationals or permanent residents in the host State, shall be accorded the same privileges, immunities, and facilities as accorded to the heads of diplomatic missions established in the host State in conformity with the Vienna Convention. 3. In addition to the privileges, immunities and facilities listed in paragraph 1 of this Article, officials of comparable rank to diplomatic agents, including the Directors of ICMP Departments, 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 the diplomatic missions established in the host State in conformity with the Vienna Convention. 4. In addition to the privileges, immunities and facilities listed in paragraph 1 of this Article, officials of comparable rank to administrative and technical staff of diplomatic missions, 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 by the host State 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. 5. With respect to the inheritance and gift tax, which depends upon residence, periods during which staff are present in the host State for the discharge of their functions shall not be considered as periods of residence. 6. The host State shall not be obliged to exempt from income tax pensions or annuities paid to former ICMP officials 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 State shall enjoy within the host State 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 ICMP; 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; immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity for the ICMP; and inviolability of all papers, documents, in whatever form, and materials relating to the performance of their functions for the ICMP.

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