Art. 18 Gastlandverdrag tussen het Koninkrijk der Nederlanden, ten behoeve van Sint Maarten, en de Verenigde Naties inzake de vestiging van een kantoor van het United Nations Office for Project Services in Sint Maarten — Privileges, immunities and facilities of the other officials of the Office

1. Officials of the Office shall enjoy such privileges, immunities and facilities as are necessary for the independent performance of their functions in the Host Country. They shall enjoy privileges and immunities accorded to officials of the United Nations under Articles V and VII of the General Convention, including as modified and supplemented below: 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 for the Office; immunity from seizure and inspection of official baggage; inviolability of all official papers and documents in whatever form and materials; immunity from national service obligations; together with their family members forming part of the household, exemption from immigration restrictions and alien registration; exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with UNOPS; 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 Country; 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 Country; an inspection in such a case shall be conducted in the presence of the official concerned; together with their family members forming part of the household, the same repatriation facilities in time of international crisis as are accorded to diplomatic agents under the Vienna Convention; and 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, and to re-export their furniture and effects free of duties and taxes to their country of destination upon separation from the Office. 2. In addition to the privileges, immunities and facilities listed in paragraph 1 of this Article officials of the Office of P-5 level and above, together with their family members forming part of the household who are not nationals or permanent residents of the Host Country, shall be accorded the same privileges, immunities and facilities as the Host Country accords to diplomatic agents of comparable rank of the diplomatic missions established in the Host Country in conformity with the Vienna Convention. 3. In addition to the privileges, immunities and facilities listed in paragraph 1 of this Article officials of the Office of P-4 level and below, together with their family members forming part of the household who are not nationals or permanent residents of the Host Country, shall be accorded the same privileges, immunities and facilities as the Host Country accords to members of the administrative and technical and service staff of diplomatic missions established in the Host Country, in conformity with the Vienna Convention, provided that the immunity from criminal jurisdiction shall not extend to acts performed outside the course of their official duties. 4. With respect to the inheritance and gift tax, which depends upon residence, periods during which officials of the Office are present in the Host Country for the discharge of their functions shall not be considered as periods of residence. 5. The Host Country shall not be obliged to exempt from income tax pensions or annuities paid to former officials of the Office and their family members forming part of the household. 6. Persons referred to in this Article who are nationals or permanent residents of the Host Country shall enjoy only the privileges, immunities and facilities under Article V, Section 18, and Article VII of the General Convention, including as modified and supplemented below: 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 for the Office; inviolability of all official papers and documents in whatever form and materials; exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with UNOPS; and 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. 7. Persons referred to in paragraph 6 under this Article shall not be subjected by the Host Country to any measure which may affect the free and independent performance of their functions for the Office.

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