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Agreement between the Government of Canada and the United Nations Educational, Scientific and Cultural Organization concerning the Establishment of the Seat of the Unesco Institute for Statistics [2001] CATSer 15 (18 May 2001)

E103879 - CTS 2001 No. 32

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION CONCERNING THE ESTABLISHMENT IN CANADA OF THE SEAT OF THE UNESCO INSTITUTE FOR STATISTICS

THE GOVERNEMENT OF CANADA AND THE UNITED NATIONS EDUCAITONAL, SCIENTIFIC AND CULTURAL ORGANIZATION (UNESCO),

CONSIDERING THAT the General Conference of UNESCO has decided, by resolutions 43 and 44, adopted at its thirtieth session, to create the UNESCO Institute for Statistics and to approve its statutes, respectively,

CONSIDERING THAT the Executive Council of UNESCO decided, by decision 8.2, adopted at its one hundred and fifty-ninth session, to establish the Seat of the UNESCO institute for Statistics in Montreal, Canada,

CONSIDERING THAT the Government of Canada wishes to establish the status of the Institute for Statistics of UNESCO and the privileges and immunities that it enjoys in Canada,

DESIROUS of entering into an Agreement governing the privileges, immunities and facilities that arise from the presence of the UNESCO Institute for Statistics in Canada and the financial provisions for its establishment in Canada,

HAVE AGREED as follows:

Definitions

For the purposes of this Agreement:

“Convention” means the Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly of the United Nations on February 13, 1946;

“Vienna Convention” means the Vienna Convention on Diplomatic Relations of April 18, 1961;

“Government” means the Government of Canada;

“Organization” means the United Nations Educational, Scientific and Cultural Organization (UNESCO);

“Institute” means the UNESCO Institute for Statistics;

“Director-General of the Organization” means the Director-General of UNESCO;

“Director of the Institute” means the UNESCO official who is the person in charge of the Institute;

“Officials of the Organization” means the Director-General, internationally recruited staff and other staff employed by the Organization on the basis of a letter of appointment or a contract;

“Experts on missions” means persons, other than officials of UNESCO, performing missions at the request of and for UNESCO or for the UNESCO Institute for Statistics acting on behalf of UNESCO;

“Premises” means the premises where meetings convened by UNESCO in Canada are held, and the buildings or portions of buildings occupied permanently or temporarily by UNESCO for the purposes of the Institute or by the Institute on behalf of UNESCO.

ARTICLE II

Status and Administration of the Institute

1. The Institute, which is an integral part of UNESCO, is under the control and authority of the Organization, to which it is responsible.

2. The Organization shall have the right to establish the internal rules that apply to the Institute for the purpose of establishing the conditions that are necessary to the operation of the Institute.

3. Subject to this Agreement, the laws and regulations in force in Canada shall apply to the Organization, and consequently to the Institute.

Juridical Personality and Capacity

The Organization shall possess juridical personality in Canada. It shall have the capacity:

(a) to contract;

(b) to acquire and dispose of immovable and movable property;

(c) to institute legal proceedings.

ARTICLE IV

Property, Funds and Assets

1. The Organization, its property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except in so far as in any particular case the Organization has expressly waived its immunity. No such waiver shall extend to any measure of execution except with the express consent of the Organization.

2. The property and assets of the Organization, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.

3. Without being restricted by financial controls, regulations or moratoria of any kind, the Organization may hold funds, gold or currency of any kind and operate accounts in any currency. It shall be free to transfer its funds, gold or currency within Canada and from Canada into any other country. It may also convert any currency held by it into any other currency.

ARTICLE V

Inviolability of Premises and Archives

1. The premises shall be inviolable. The competent authorities of Canada may not enter upon the premises without the consent of the Director-General or the consent of a duly accredited official, and may do so only on such conditions as the Director-General or, in the absence of the Director-General, a senior official of the Organization acting on his or her behalf, may agree to. These provisions shall not prevent the reasonable application of fire or safety regulations.

2. The archives of the Organization, and in general all documents and electronic materials belonging to it or held by it, shall be inviolable, wherever located.

3. The Organization shall prevent the premises from becoming a refuge either for persons who are avoiding arrest or for persons who are endeavouring to avoid service of legal process.

ARTICLE VI

Exemption from Tax and Duty

1. The Organization, its property, income and assets, shall be:

(a) exempt from all direct taxes; it is understood, however, that the Organization will not claim exemption from taxes which are, in fact, no more than charges for public utility services;

(b) exempt from customs duties and prohibitions and restrictions on imports and exports in respect of articles imported or exported by the Organization for its official use; it is understood, however, that articles imported under such exemption will not be sold in Canada except under conditions agreed to by the Government;

(c) exempt from duties and prohibitions and restrictions on imports and exports in respect of their publications and other training and information documents of the Organization.

2. While the Organization will not, as a general rule, claim exemption from excise duties and from taxes on the sale of movable and immovable property which forms part of the price to be paid, nevertheless when the Organization is making important purchases for official use of property on which such duties and taxes have been charged or are chargeable, the Government will make appropriate administrative arrangements for the remission or return of the amount of duty or tax.

ARTICLE VII

Facilities in Respect of Communications

1. The Organization shall enjoy, in Canada, for its official communications, treatment not less favourable than that accorded by the Government to any other Government, including the latter’s diplomatic mission, in the matter of establishment and operation, priorities, rates and taxes on mails and cables and on teletype and facsimile machines, telephones and other means of communication, and press rates for information to the press and radio. No censorship shall be applied to the official correspondence and other official communications of the Organization.

2. The Organization shall have the right to use codes and to dispatch and receive correspondence by courier or in bags, which shall have the same immunities and privileges as diplomatic couriers and bags.

ARTICLE VIII

Access to Premises of the Organization

1. The competent Canadian authorities shall not impose any impediments to transit to or from the premises of the Organization in Canada by representatives of Member States, experts on missions or other persons invited by the Organization or by the Institute on behalf of the Organization for official purposes.

2. The visas that are necessary for the persons referred to in paragraph 1, shall be issued by the Government free of charge and as speedily as possible.

3. The provisions of paragraphs 1 and 2 shall also apply, where applicable, to their spouses and relatives dependent on them.

4. Subject to the relevant provisions of this Agreement, the Government shall retain complete control and full power over the entry of persons or property into its territory and over the conditions on which persons may remain or reside therein.

ARTICLE IX

Privileges and Immunities of Representatives of Member States

Representatives of Member States of the principal and subsidiary bodies of the Organization and at meetings convened by the Organization or by the Institute on behalf of the Organization shall, while exercising their functions and during their journeys to and from the place of meeting, enjoy the privileges and immunities set out in Article IV of the Convention.

ARTICLE X

Privileges and Immunities of Officials

1. Officials of the Organisation shall, in Canada:

(a) be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity;

(b) be exempt from taxation on the salaries and emoluments paid to them by the Organisation it being noted that the exemption shall be granted to Canadian citizens or permanent residents of Canada as defined by the relevant Canadian legislation as set out in the Article XII below;

(c) be immune, together with their spouses and relatives dependent on them, from immigration restrictions and alien registration;

(d) be immune from national service obligations;

(e) be given, together with their spouses and relatives dependent on them, the same repatriation facilities in time of international crises as diplomatic envoys;

(f) be accorded the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions to the Government; and

(g) have the right to import free of duty their furniture and effects, including their automobiles, at the time of first taking up their post in Canada or, in the case of former residents returning to Canada as residents after having been resident in another country, the right in accordance with the legislation applicable at the time of their return to Canada to import free of duty their furniture and personal effects, including automobiles.

2. In addition to the immunities and privileges specified in paragraph 1 of this article, officials of the Institute in senior categories from level P-4 and higher who are settled in Canada, provided that they are not Canadian citizens or permanent residents of Canada as defined by the relevant Canadian legislation, shall enjoy tax privileges equivalent to those set out in articles 34 and 36 of the Vienna Convention. In the case of direct taxes, they shall have the right either to reimbursement or to exemption, in accordance with the applicable Canadian legislation. No lower or upper limit shall be established in respect of the amount of the claim or of the expenditures to be reimbursed. However, the amounts for which reimbursement is claimed shall be consolidated to facilitate processing.

3. In addition to the immunities and privileges specified in paragraph 1 of this article, officials who hold positions equivalent to the positions of Deputy Secretary-General of the United Nations and Director-General of the Organisation shall, provided that they are not Canadian citizens or permanent residents of Canada as defined by the relevant Canadian legislation, enjoy privileges and immunities comparable to those enjoyed by diplomatic envoys under the Vienna Convention.

ARTICLE XI

Privileges and Immunities of Experts on Missions

Experts performing missions in Canada shall be accorded such privileges and immunities as are necessary for the independent exercise of their functions during the period of their missions. In particular they shall be accorded:

(a) immunity from personal arrest or detention and from seizure of their personal baggage;

(b) in respect of words spoken or written and acts done by them in the course of the performance of their mission, immunity from legal process of every kind. This immunity from legal process shall continue to be enjoyed notwithstanding that the persons concerned are no longer employed on such missions;

(c) inviolability for all papers and documents;

(d) for the purpose of their communications with the Organization, the right to use codes and to receive papers or correspondence by courier or in sealed bags;

(e) the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official mission;

(f) the same facilities in respect of their personal baggage as are accorded to diplomatic envoys.

ARTICLE XII

Taxation of Canadian Citizens and Permanent Residents of Canada

Salaries and emoluments paid by the Organization to officials of the Organization who are Canadian citizens or permanent residents of Canada, and subject to a staff assessment by the Organization in lieu of national income tax, shall not be taxed and shall not be used for the purpose of determining Canadian tax due on income earned from sources other that the Organization. Nevertheless, in determining eligibility for the receipt of Canadian refundable tax credits intended to assist members of low - income groups, salaries and emoluments paid by the Organization to Canadian citizens and permanent residents of Canada shall be taken into account.

ARTICLE XIII

Waiver of Immunity

1. Privileges and immunities are granted to officials of the Organization and to experts on missions in the interests of the Organization only and not for personal benefit of the individuals themselves.

2. The Director-General shall consent to waive the immunity referred to in paragraph 1 of this article in any case where the Director-General believes that the immunity would impede the course of justice and that it can be waived without prejudice to the interests of the Organization.

ARTICLE XIV

Respect for the Laws and Regulations of Canada

The Organization shall cooperate at all times with the appropriate authorities of Canada to facilitate the proper administration of justice, secure the observance of police regulations and prevent the occurrence of any abuse in connection with the privileges, immunities and facilities mentioned in this Agreement.

ARTICLE XV

Employment of Dependents

Dependents of officials of the Institute who are residing in Canada shall be given authorization to work in Canada upon application.

ARTICLE XVI

Permanent Residence

The Government shall examine, on a case by case basis and in accordance with applicable Canadian law, any application for permanent residence made to it by any official of UNESCO attached to the Institute for Statistics, for the official personally and for any dependent residing with the official in Canada at the time when the official decides to retire.

ARTICLE XVII

Notification Procedure

The Organization shall inform the Minister of Foreign Affairs of the names of the representatives of Member States, officials of the Organization who are posted to Canada, including the Director of the Institute, and experts on missions for the Organization in Canada before they take up their functions in Canada.

ARTICLE XVIII

Identity Cards and United Nations Laissez-Passer

1. The Government shall issue, to all officials of the Organization assigned to the Institute and to each dependent of the official, an identity card certifying their status.

2. United Nations laissez-passer issued to officials of the Organization shall be recognized and accepted as valid travel documents by the Government.

ARTICLE XIX

Financial Contribution

The financial contribution of Canada paid to the Organization on an annual basis for the Institute shall be equivalent to the amount as set out in Schedule A to this Agreement. The Organization shall provide an accounting of the use of such contribution.

ARTICLE XX

Settlement of Disputes

1. Any dispute between the Organization and the Government concerning the interpretation or application of this Agreement, including relations between the Organization and the Government in relation to the Institute, which is not settled by negotiation or other agreed mode of settlement, shall be referred for final decision to an Arbitration Tribunal composed of three members: one appointed by the Director-General of the Organization, one appointed by the Government, and the third appointed by the first two, as president of the Tribunal. If the Organization or the Government fails to appoint an arbitrator within two months following the appointment of an arbitrator by either of them, or if the first two arbitrators fail to agree on the third arbitrator to be appointed, within six months after they are appointed, the President of the International Court of Justice shall, at the request of the Organization or the Government, make the necessary appointment or appointments. The arbitration procedure shall be determined by the Tribunal, which shall decide by majority vote.

2. The arbitrators shall determine the arbitration procedure and the Organization and the Government shall bear the costs of arbitration as established by the arbitrators. The arbitral award shall include a statement of the reasons for the award and the Organization and the Government shall accept the award as a final settlement of the dispute.

3. The Organization shall take the appropriate measures to ensure the proper settlement of disputes arising out of contracts and of other private law disputes to which the Organization or the Institute on behalf of the Organization is a party.

ARTICLE XXI

Amendment

This Agreement is subject to amendment by mutual consent. The Organisation or the Government shall examine any request for amendment made by the other Party attentively and in good faith.

ARTICLE XXII

Transfer of the Seat of the Institute

In the event that the Seat of the Institute is transferred out of Canada, this Agreement shall cease to be in force, with the exception of the provisions of this Agreement that are necessary to enable the Organization or the Institute to properly terminate the activities it carries on at its Seat in Canada and the disposition of its property therein.

ARTICLE XXIII

Entry Into Force and Schedule

This Agreement shall enter into force on the date on which it is signed. The Schedule A shall form an integral part of this Agreement.

ARTICLE XXIV

Term of the Agreement

This Agreement is entered into for an unlimited term.

IN WITNESS WHEREOF, the undersigned, duly authorized to that effect, have signed this Agreement.

DONE at Paris, this 18th day of May 2001, in duplicate, in the English and French languages, each version being equally authentic.

Louis Hamel

FOR THE GOVERNMENT OF CANADA

Koïchiro Matsuura

FOR THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION

SCHEDULE A

* in constant year 2000 CAD