sou · GYB322d3 · 2011-01-01 00:00:00 — mation, including locations of mine fields and other dangers and impediments, which may be useful in facilitating its movements. 13.Vehicles, including all military vehicles, and aircraft of the United Nations peace-keeping operation shall not be subject to registration or licensing by the Government provided that all such vehicles shall carry the third party insurance required by relevant legislation. 14.The United Nations peace-keeping operation may use roads, , canals and other waters, port facilities and airfields without the payment of dues, tolls or charges, including wharfage charges. However, the United Nations peace-keeping operation will not claim exemption from charges which are in fact charges for services rendered. Privileges and immunities of the United Nations peace-keeping operation The United Nations peace-keeping operation, as a subsidiary organ of the United Nations, enjoys the status, privileges and immunities of the United Nations [as provided for in the present Agreement]f (in accordance with the Convention).g The provision of article II of the Convention which applies to the United Nations peace-keeping operation shall also apply to the property, funds and assets of participating States used in [host country/territory] in connection with the national contingents serving in the United Nations peace-keeping operation, as provided for in paragraph 5 of the present Agreement. The Government recognizes the right of the United Nations peace- operation in particular: (a)To import, free of duty or other restrictions, equipment, provi- sions, supplies and other good: which are for the exclusive and official use of the United Nations peace-keeping operation or for resale in the commissaries provided for hereinafter; (b)To establish, maintain and operate commissaries at its head- quarters, camps and posts for the benefit of the members of the United Nations peace-keeping operation, but not of locally recruited personnel. Such commissaries may provide goods of a consumable nature and other articles to be specified in advance. fIn case the other party is not party to the Convention. gIn case the other party is a party to the Convention. The Special Representative/Commander shall take all necessary measures to prevent abuse of such commissaries and the sale or resale of such goods to persons other than members of the United Nations peace-keeping operation, and he shall give sympathetic consideration to observations or requests of the Government concerning the operation of the commissaries; (c)To clear ex customs and excise warehouse, free of duty or other restrictions, equipment, provisions, supplies and other goods which are for the exclusive and official use of the United Nations peace-keeping operation or for resale in the commis- saries provided for above; (d)To re-export or otherwise dispose of such equipment, as far as it is still usable, all unconsumed provisions, supplies and other goods so imported or cleared ex customs and excise warehouse which are not transferred, or otherwise disposed of, on terms and conditions to be agreed upon, to the competent local authorities of the [host country/territory] or to an entity nominated by them. To the end that such importation, clearances, transfer or exporta- tion may be effected with the least possible delay, a mutually satisfactory procedure, including documentation, shall be agreed between the United Nations peace-keeping operation and the Government at the earliest possible date. V. FACILITIES FOR THE UNITED NATIONS Premises required for conducting the operational and administra- tive activities of the United Nations peace-keeping operation and for accommodating members of the peace-keeping operation The Government of [host country] shall provide without cost to the United Nations peace-keeping operation and in agreement with the Special Representative/Commander such areas for headquarters, camps or other premises as may be necessary for the conduct of the operational and administrative activities of the United Nations peace-keeping operation and for the accommoda- tion of the members of the United Nations peace-keeping operation. Without prejudice to the fact that all such premises remain [host country] territory, they shall be inviolable end subject to the exclusive control and authority of the United Nations. Where United Nations troops are co-located with military personnel of the host country, a permanent, direct and immediate access by the United Nations peace-keeping operation to those premises shall be guaranteed. 17.The Government undertakes to assist the United Nations peace-keeping operation as far as possible in obtaining and making available, where applicable, water, electricity and other facilities free of charge, or, where this is not possible, at the most favourable rate, and in the case of interruption or threatened interruption of service, to give as far as is within its powers the same priority to the needs of the United Nations peace-keeping operation as to essen- tial government services. Where such utilities or facilities are not provided free of charge, payment shall be made by the United Nations peace-keeping operation on terms to be agreed with the competent authority. The United Nations peace-keeping operation shall be responsible for the maintenance and upkeep of facilities so provided. 18.The United Nations peace-keeping operation shall have the right, where necessary, to generate, within its premises, electricity for its use and to transmit and distribute such electricity. 19.The United Nations alone may consent to the entry of any government officials or of any other person not member of the United Nations peace-keeping operation to such premises. Provisions, supplies and services, and sanitary arrangements 20.The Government undertakes to assist the United Nations peace-keeping operation as far as possible in obtaining equipment, provisions, supplies and other goods and services from local sources required for its subsistence and operations. In making purchases on the local market, the United Nations peace-keeping operation shall, on the basis of observations made and information provided by the Government in that respect, avoid any adverse effect on the local economy. The Government shall exempt the United Nations peace-keeping operation from general sales taxes in respect of all official local purchases. 21.The United Nations peace-keeping operation and the Government shall co-operate with respect to sanitary services and shall extend to each other the fullest co-operation in matters concerning health, particularly with respect to the control of communicable diseases, in accordance with international conven- tions. Recruitment of local personnel The United Nations peace-keeping operation may recruit locally such personnel as it requires. Upon the request of the Special Representative/Commander, the Government undertakes to facilitate the recruitment of qualified local staff by the United Nations peace-keeping operation and to accelerate the process of such recruitment. The Government undertakes to make available to the United Nations peace-keeping operation, against reimbursement in mutually acceptable currency, [local] currency required for the use of the United Nations peace-keeping operation, including the pay of its members, at the rate of exchange most favourable to the United Nations peace-keeping operation. STATUS OF THE MEMBERS OF THE UNITED NATIONS 24.The Special Representative, the Commander of the military component of the United Nations peace-keeping operation, the head of the United Nations civilian , and such high-ranking members of the Special Representative/Commander's staff as may be agreed upon with the Government shall have the status specified in sections 19 and 27 of the Convention, provided that the privileges and immunities therein referred to shall be those accorded to diplomatic envoys by [national or international] law. 25.Members of the United Nations Secretariat assigned to the civilian component to serve with the United Nations peace- operation remain officials of the United Nations entitled to the privileges and immunities of articles V and VII of the Convention. 26.Military , United Nations civilian and civilian personnel other than United Nations officials whose names are for the purpose notified to the Government by the Special Representative/Commander shall be considered as experts on mission within the meaning of article VI of the Convention. 27.Military personnel of national contingents assigned to the military component of the United Nations peace-keeping opera- tion shall have the privileges and immunities specifically provided for in the present Agreement. 28.Unless otherwise specified in the present Agreement, locally recruited members of the United Nations peace-keeping operation shall enjoy the immunities concerning official acts and exemption from taxation and national service obligations provided for in sections 18 (a), (b) and (c) of the Convention. 29.Members of the United Nations peace-keeping operation shall be exempt from taxation on the pay and emoluments received from the United Nations or from a participating State and any income received from outside [host country/territory]. They shall also be exempt from all other direct taxes, except municipal rates for services enjoyed, and from all registration fees and charges. 30.Members of the United Nations peace-keeping operation shall have the right to import free of duty their personal effects in connection with their arrival in [host country/territory]. They shall be subject to the laws and regulations of [host country/territory] governing customs and foreign exchange with respect to personal property not required by them by reason of their presence in [host country/territory] with the United Nations peace-keeping operation. Special facilities will be granted by the Government for the speedy processing of entry and exit formalities for all members of the United Nations peace-keeping operation, including the mili- tary component, upon prior written notification. On departure from [host country/territory], members of the United Nations peace-keeping operation may, notwithstanding the above-mentio- ned exchange regulations, take with them such funds as the Special Representative/Commander certifies were received in pay and emoluments from the United Nations or from a participating State and are a reasonable residue thereof. Special arrangements shall be made for the implementation of the present provisions in the interests of the Government and the members of the United Nations peace-keeping operation. The Special Representative/Commander shall co-operate with the Government and shall render all assistance within his power in ensuring the observance of the customs and fiscal laws and regulations of [host country/territory] by the members of the United Nations peace-keeping operation, in accordance with the present Agreement . Entry, and departure 32.The Special Representative/Commander and members of the United Nations peace-keeping operation shall, whenever so required by the Special Representative/Commander, have the right to enter into, reside in and depart from [host country/territory]. 33.The Government of [host country/territory] undertakes to facilitate the entry into and departure from [host country/ter- ritory] of the Special Representative/Commander and members of the United Nations peace-keeping operation and shall be kept informed of such movement. For that purpose, the Special Repre- sentative/Commander and members of the United Nations peace- operation shall be exempt from passport and visa regulations and immigration inspection and restrictions on enter- ing into or departing from [host country/territory]. They shall also be exempt from any regulations governing the of aliens in [host country/territory], including registration, but shall not be considered as acquiring any right to permanent or domicile in [host country/territory]. 34.For the purpose of such entry or departure, members of the United Nations peace-keeping operation shall only be required to have: (a) an individual or collective movement order issued by or under the authority of the Special Representative/Commander or any appropriate authority of a participating State: and (b) a personal identity card issued in accordance with paragraph 35 of the present Agreement, except in the case of first entry, when the personal identity card issued by the appropriate authorities of a participating State shall be accepted in lieu of the said identity card. 35.The Special Representative/Commander shall issue to each member of the United Nations peace-keeping operation before or as soon as possible after such member's first entry into [host country/territory], as well as to all locally recruited Personnel, a numbered identity card, which shall show full name, date of birth, title or rank, service (if appropriate) and photograph. Except as provided for in paragraph 34 of the present Agreement, such identity, card shall be the only document required of a member of the United Nations peace-keeping operation. 36.Members of the United Nations peace-keeping operation as well as locally recruited personnel shall be required to present, but not to surrender, their [United Nations peace-keeping operation) identity cards upon demand of an appropriate official of the Government. Military members and the United Nations civilian of the United Nations peace-keeping operation shall wear, while performing official duties, the national military or uniform of their respective States with standard United Nations accoutrements. Officers and Officers may wear the United Nations uniform. The wearing of civilian dress by the above-mentioned members of the United Nations peace-keeping operation may be authorized by the Special Representative/Commander at other times. Military members and civilian of the United Nations peace-keeping operation and Officers designated by the Special Representative/Commander may possess and carry arms while on duty in accordance with their orders. The Government agrees to accept as valid, without tax or fee, a permit or licence issued by the Special Representative/Commander for the operation by any member of the United Nations peace- operation, including locally recruited personnel, of any [United Nations peace-keeping operation] transport or communi- cation equipment and for the practice of any profession or occupation in connection with the functioning of the United Nations peace-keeping operation, provided that no licence to drive a vehicle or pilot an aircraft shall be issued to any person who is not already in possession of an appropriate and valid licence. Without prejudice to the provisions of paragraph 37, the Government further agrees to accept as valid, without tax or fee, a permit or licence issued by the Special Representative/Commander to a member of the United Nations peace-keeping operation for the carrying or use of firearms or ammunition in connection with the functioning of the United Nations peace-keeping operation. Military , arrest and transfer of custody, and mutual assistance The Special Representative shall take all appropriate measures to ensure the maintenance of discipline and good order among members of the United Nations peace-keeping operation, as well as locally recruited personnel. To this end personnel designated by the Special Representative/Commander shall the premises of the United Nations peace-keeping operation and such areas where its members are deployed. Elsewhere such personnel shall be employed only subject to arrangements with the Government and in liaison with it in so far as such employment is necessary to maintain discipline and order among members of the United Nations peace-keeping operation. 41.The military of the United Nations peace-keeping operation shall have the power of arrest over the military members of the United Nations peace-keeping operation. Military personnel placed under arrest outside their own contingent areas shall be transferred to their contingent Commander for appropriate disci- plinary action. The personnel mentioned in paragraph 40 above may take into custody any other person on the premises of the United Nations peace-keeping operation. Such other person shall be delivered immediately to the nearest appropriate official of the Government for the purpose of dealing with any offence or disturbance on such premises. Subject to the provisions of paragraphs 24 and 26, officials of the Government may take into custody any member of the United Nations peace-keeping operation: (a)When so requested by the Special Representative/Commander; or (b)When such a member of the United Nations peace-keeping operation is apprehended in the commission or attempted commission of a criminal offence. Such person shall be delivered immediately, together with any weapons or other item seized, to the nearest appropriate representative of the United Nations peace-keeping operation, whereafter the provisions of paragraph 47 shall apply mutatis mutandis. 43.When a person is taken into custody under paragraph 41 or paragraph 42 (b), the United Nations peace-keeping operation or the Government, as the case may be, may make a preliminary interrogation but may not delay the transfer of custody. Following such transfer, the person concerned shall be made available upon request to the arresting authority for further interrogation. 44.The United Nations peace-keeping operation and the Government shall assist each other in carrying out all necessary investigations into offences in respect of which either or both have an interest, in the production of witnesses and in the collection and production of evidence, including the seizure of and, if appropriate, the handing over of items connected with an offence. The handing over of any such items may be made subject to their return within the terms specified by the authority delivering them. Each shall notify the other of the disposition of any case in the outcome of which the other may have an interest or in which there has been a transfer of custody under the provisions of paragraphs 41-43. 45.The Government shall ensure the prosecution of persons subject to its criminal jurisdiction who are accused of acts in relation to the United Nations peace-keeping operation or its members which, if committed in relation to the forces of the Government, would have rendered such acts liable to prosecution. All members of the United Nations peace-keeping operation including locally recruited personnel shall be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity. Such immunity shall continue even after they cease to be members of or employed by the United Nations peace-keeping operation and after the expira- tion of the other provisions of the present Agreement. Should the Government consider that any member of the United Nations peace-keeping operation has committed a criminal offence, it shall promptly inform the Special Representative/Com- and present to him any evidence available to it. Subject to the provisions of paragraph 24: (a)If the accused person is a member of the civilian component or a civilian member of the military component, the Special Repre- sentative/Commander shall conduct any necessary supple- mentary inquiry and then agree with the Government whether or not criminal proceedings should be instituted. Failing such agreement, the question shall be resolved as provided in paragraph 53 of the present Agreement. (b)Military members of the military component of the United Nations peace-keeping operation shall be subject to the exclu- sive jurisdiction of their respective participating States in respect of any criminal offences which may be committed by them in [host country/territory]. 48.The Secretary-General of the United Nations will obtain assu- rances from Governments of participating States that they will be prepared to exercise jurisdiction with respect to crimes or offences which may be committed by members of their national contingents serving with the peace-keeping operation.h 49.If any civil proceeding is instituted against a member of the United Nations peace-keeping operation before any court of [host country/territory], the Special Representative/Commander shall be notified immediately, and he shall certify to the court whether or not the proceeding is related to the official duties of such member: (a)If the Special Representative/Commander certifies that the proceeding is related to official duties, such proceeding shall be discontinued and the provisions of paragraph 51 of the present Agreement shall apply. (b)If the Special Representative certifies that the proceeding is not related to official duties, the proceeding may continue. If the Special Representative/Commander certifies that a member of h This provision has been inserted in the model agreement in order that all issues pertaining to this section be covered. Upon conclusion of a specific agreement, the provision in question could instead be inserted in a memorandum of understanding where further clarifications on the terms of an agreement are usually provided. the United Nations peace-keeping operation is unable because of official duties or authorized absence to protect his interests in the proceeding, the court shall at the defendant's request suspend the proceeding until the elimination of the disability, but for not more than ninety days. Property of a member of the United Nations peace-keeping operation that is certified by the Special Representative/Commander to be needed by the defendant for the fulfilment of his official duties shall be free from seizure for the satisfaction of a judgement, decision or order. The personal of a member of the United Nations peace-keeping operation shall not be restricted in a civil proceeding, whether to enforce a judgement, decision or order, to compel an oath or for any other reason. The Special Representative/Commander shall have the right to take charge of and dispose of the body of a member of the United Nations peace-keeping operation who dies in [host country/ter- ritory], as well as that member's personal property located within [host country/territory], in accordance with United Nations procedures. Except as provided in paragraph 53, any dispute or claim of a private law character to which the United Nations peace-keeping operation or any member thereof is a party and over which the courts of (host country/territory] do not have jurisdiction because of any provision of the present Agreement, shall be settled by a standing claims commission to be established for that purpose. One member of the commission shall be appointed by the Secretary-General of the United Nations, one member by the Government and a chairman jointly by the Secretary-General and the Government. If no agreement as to the chairman is reached within thirty days of the appointment of the first member of the commission, the President of the International Court of may, at the request of either the Secretary-General of the United Nations or the Government, appoint the chairman. on the commission shall be filled by the same method prescribed for the original appointment, provided that the thirty-day period there prescribed shall start as soon as there is a vacancy in the chairmanship. The commission shall determine its own procedures, provided that any two members shall constitute a quorum for all purposes (except for a period of thirty days after the creation of a vacancy) and all decisions shall require the approval of any two members.