Art. 22 Interim-verdrag tussen het Koninkrijk der Nederlanden en de Republiek Kosovo betreffende de vestiging van de Kosovo Relocated Specialist Judicial Institution in Nederland — Counsel and persons assisting counsel

1. This Article covers counsel and persons assisting counsel who need to be present in the Host State. 2. Counsel shall enjoy the following privileges, immunities and facilities to the extent necessary for the free and independent exercise of their functions during the preparatory phase, subject to the notification procedure required under Article 28 of this Agreement: immunity from personal arrest or detention or any other restriction of their liberty in respect of acts or convictions prior to their entry into the territory of the Host State; immunity 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, which immunity shall continue to be accorded even after they have ceased to perform their functions; inviolability of all papers, documents in whatever form and materials relating to the performance of their functions; for the purposes of communications in pursuance of their functions as counsel, the right to receive and send papers and documents in whatever form; together with members of their family forming part of their household, exemption from immigration restrictions and alien registration; exemption from inspection of personal baggage, unless there are serious grounds for believing that the baggage contains articles the import or export of which is prohibited by 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 counsel concerned; the same privileges in respect of currency and exchange facilities as are accorded to representatives of foreign Governments on temporary official missions; the same repatriation facilities in time of international crisis as are accorded to diplomatic agents under the Vienna Convention. 3. With respect to the inheritance and gift tax, which depends upon residence, periods during which counsel are present in the Host State for the discharge of their functions shall not be considered as periods of residence. 4. 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 in relation to the envisaged proceedings before the Kosovo Relocated Specialist Judicial Institution: immunity from personal arrest or detention or any other restriction of their liberty; 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, which immunity shall continue to be accorded even after they have ceased to perform their functions; inviolability of all papers, documents in whatever form and materials relating to the performance of their functions; for the purpose of their communications with the Kosovo Relocated Specialist Judicial Institution the right to receive and send papers in whatever form. 5. Counsel shall not be subjected by the Host State to any measure which may affect the free and independent performance of their functions. 6. This Article shall be without prejudice to such disciplinary rules as may be applicable to counsel. 7. The provisions of this Article shall apply, mutatis mutandis, to persons assisting counsel in accordance with the relevant rules, regulations and policies of the Kosovo Specialist Judicial Institution.

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