AGREEMENTBETWEEN THE GOVERNMENT OF JAPANAND THE NORTH PACIFIC FISHERIES COMMISSIONREGARDING PRIVILEGES AND IMMUNITIESOF THE NORTH PACIFIC FISHERIES COMMISSION

AGREEMENTBETWEEN THE GOVERNMENT OF JAPANAND THE NORTH PACIFIC FISHERIES COMMISSIONREGARDING PRIVILEGES AND IMMUNITIESOF THE NORTH PACIFIC FISHERIES COMMISSIONThe Government of Japan and the North PacificFisheries Commission,
Recalling paragraph 7 of Article 5 of the Convention
on the Conservation and Management of High Seas Fisheries
Resources in the North Pacific Ocean, which entered intoforce on 19 July 2015,Considering that the Secretariat of the North PacificFisheries Commission is located in the territory of Japan,
andDesiring to regulate the affairs relating to theprivileges and immunities of the North Pacific FisheriesCommission in the territory of Japan,
Have agreed as follows:
Article 1
Definitions and Interpretation
1.

For the purpose of this Agreement:(a)the term “Convention” means the Convention on theConservation and Management of High Seas
Fisheries Resources in the North Pacific Ocean,which entered into force on 19 July 2015;(b)

the term “Commission” means the North PacificFisheries Commission, established under paragraph
1 of Article 5 of the Convention;(c)the term “Government” means the Government ofJapan;(d)the term “premises” means any building or part ofa building occupied permanently or temporarily by
the Commission for its official purposes;(e)the term “official activities of the Commission”
includes its administrative activities and thoseundertaken pursuant to the Convention;

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(f)

the term “staff members” means the Executive
Secretary and other staff provided for inparagraph 9 of Article 5 of the Convention;(g)

the term “Executive Secretary” means the
Executive Secretary of the Commission andincludes staff members other than the Executive
Secretary when acting in place of the Executive
Secretary in his/her absence;(h)

the term “dependants” means the spouse of thestaff members and his/her dependent children
below the age of 20 and includes children aged 20and above if they are mentally or physicallyincapacitated and thus incapable of self-support;(i)the term “Minister” means the Minister for
Foreign Affairs of Japan.

2.
This Agreement shall be interpreted in the light ofthe primary objective of enabling the Commission, at its
Secretariat in Japan, fully and efficiently to discharge
its responsibilities and fulfil its purposes and functions.
Article 2
Legal Status of the Commission
The Commission shall have legal personality.
have the capacity:

It shall(a)to contract;(b)

to acquire and dispose of immovable and movable
property;(c)to institute legal proceedings.
Article 3
Inviolability of Archives

The archives of the Commission shall be inviolable.
The term “archives” includes all records, correspondence,
documents, manuscripts, photographs, films and recordings
belonging to or held by the Commission.

- 2 -Article 4
Inviolability of Premises
1.
The premises shall be inviolable. The Government
shall use its best efforts within the laws and regulationsof Japan to protect the premises against any person orgroup of persons attempting unauthorized entry into or
purposely disturbing the tranquility of the premises intheir immediate vicinity. No official of the Government orpersons exercising any public authority within Japan shallenter the premises to perform any official duties therein
except with the consent of, and under the conditions agreedto by, the Executive Secretary or at his/her request. Suchconsent may be assumed in case of fire or other emergencies
requiring prompt protective action.
2.
The Commission shall not permit the premises to be
used as a refuge by persons who are avoiding arrest under
any law of Japan, who are required by the Government forextradition to another country, or who are endeavoring to
avoid service of legal process.
Article 5
Public Services in the Premises
1.
The Government shall use its best efforts, inconsultation with the Commission, to ensure that thepremises shall be supplied with the necessary public
utilities and services, including, without limitation byreason of this enumeration, electricity, water, sewerage,gas, post, telephone, local transportation, drainage,
collection of refuse and fire protection, and that such
public utilities and services shall be supplied onequitable terms.
2.
The Executive Secretary shall, upon request, makesuitable arrangements to enable the appropriate public
service bodies to inspect, repair, maintain, reconstruct
and relocate utilities, conduits, mains and sewers within
the premises.
Article 6
Immunity from Jurisdiction
1.
The Commission shall enjoy immunity from every form oflegal process except in so far as in any particular case it
has expressly waived its immunity. It is, however,understood that no waiver of immunity shall imply waiver ofimmunity in respect of the execution of judgment, for which
a separate waiver by the Commission shall be necessary.

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2.
The property and assets of the Commission, wherever
located and by whomsoever held, shall be immune fromsearch, seizure, confiscation, sequestration, expropriation
and any other form of interference, whether administrative,
judicial or legislative, except with the consent of andunder the conditions agreed to by the Executive Secretary.
3.
The provisions of paragraphs 1 and 2 above shall not
apply:(a)in the case of an enforcement of an arbitration
award made under paragraph 1 of Article 15;(b)

in the case of civil proceedings brought by athird party in respect of damage caused by a
motor vehicle belonging to or operated on behalfof the Commission, or in the case of a motor
traffic offence involving such a vehicle.
Article 7
Exemption from Taxes and Customs Dutiesfor the Commission

1.
Within the scope of its official activities, theCommission and its property, assets and income shall be:(a)exempt from all direct taxes except those whichare, in fact, no more than charges for public
utility services;(b)

exempt from customs duties and prohibitions andrestrictions on imports and exports in respect ofarticles imported or exported by the Commission
for its official use. It is understood, however,that articles imported under such exemption will
not be sold in Japan except under conditions
agreed with the Government.

2.
While the Commission will not, as a general rule,claim exemption from excise duties and from taxes on thesale of movable and immovable property which form part ofthe price to be paid, nevertheless when the Commission ismaking important purchases for the official use of property
on which such duties and taxes have been charged or arechargeable, the Government will, whenever possible, makeappropriate administrative arrangements for the remission
or return of the amount of duty or tax.

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Article 8Funds, Currency and Securities
The Commission may receive, acquire, hold and disposeof freely any kind of funds, gold, currencies orsecurities.
Article 9Communications
1.
All official communications directed to theCommission, or to any of its staff members at theSecretariat, and all official outward communications of theCommission, by whatever means or in whatever form
transmitted, shall be immune from censorship and from anyother form of interception or interference with theirprivacy. Should there be reasonable cause to believe thatapparently official communications contain unlawful or
dangerous materials, they may be opened by the Japanese
authorities in the presence of any of staff members,
provided, however, that no such staff members need bepresent if those materials appear to present an immediate
physical danger.
2.
In respect of its official communications, theCommission shall, in the territory of Japan and in so far
as may be compatible with any international conventions,
regulations and arrangements to which Japan is a party,
enjoy treatment not less favorable than that accorded by
the Government to any other international organization in
the matter of priorities, rates and taxes for post andtelecommunications.
Article 10Privileges and Immunities of Staff Members
1.
The staff members shall enjoy the following privileges
and immunities:(a)immunity from every form of legal process inrespect of words spoken or written and all acts
done by them in their official capacity except in
the case of a motor traffic offence committed byany of staff members or in the case of damage
caused by a motor vehicle belonging to, driven by
or operated on behalf of any of staff members,
such immunity to continue notwithstanding thatthe persons concerned may have ceased to be staff
members of the Commission;

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(b)

exemption from taxation on the salaries andemoluments paid to them by the Commission;(c)

exemption with respect to themselves and theirdependants from immigration restrictions andcharges for visas;(d)the same privileges in respect of exchange
facilities as are accorded to a diplomatic agent
in Japan;(e)the same repatriation facilities as a diplomatic
agent in time of international crises, forthemselves and their dependants;(f)the right to import free of customs duties their
furniture and personal effects at the time offirst taking up their post in Japan;(g)exemption with respect to themselves and theirdependants from national service obligations.

2.
The subparagraphs (b), (c), (d), (e), (f) and (g) ofparagraph 1 of this Article shall not apply to staff
members who are nationals of or permanently resident inJapan.
Article 11
Social Security
1.
The staff members who are not nationals of orpermanently resident in Japan shall not be required toparticipate in, and the Commission with respect to thesestaff members shall be exempt from all compulsory
contributions to, any social security scheme established bythe law of Japan.
2.
The Commission shall make necessary provision toenable staff members who are nationals of or permanently
resident in Japan to participate in the social security
scheme of Japan.

- 6 -Article 12
Notification of Appointments of Staff Members
1.
When a person has been appointed as one of the staff
members, the Commission shall in each case and without
delay notify the Government of the name of the person, andhis/her level and post in the Commission and the names ofhis/her dependants, together with other relevant
information. The Commission shall likewise notify theGovernment, when a person so appointed ceases to be one of
the staff members, of the date of the cessation.
2.
The Government shall not be obliged to extend to any
person the privileges and immunities provided by thisAgreement until the Government has received thenotification under paragraph 1 of this Article with regard
to the person concerned.
3.
The Government shall, on receipt of such notification,
furnish staff members with an identification card bearing
the photograph of the holder. This card shall serve toidentify the holder in relation to all Japanese
authorities.
Article 13Object and Preventionof Abuse of Privileges and Immunities
1.
The privileges and immunities accorded under thisAgreement to staff members are provided solely to ensure in
all circumstances the unimpeded functioning of theCommission and the complete independence of the persons towhom they are accorded.
2.
The Executive Secretary shall take every precaution toprevent any abuse of these privileges and immunities, inaccordance with the rules and regulations of theCommission.
3.
Should the Government consider that an abuse of any ofthese privileges or immunities has occurred, the ExecutiveSecretary shall, upon request, consult with the Government
to determine whether any such abuse has occurred. If suchconsultation fails to achieve a result satisfactory to theExecutive Secretary and to the Government, the matter shallbe determined in accordance with the procedure set out in
Article 15.

- 7 -Article 14
Waiver of Immunities
1.
The Executive Secretary has the right and the duty towaive any immunity accorded to staff members other thanhimself/herself under this Agreement when he/she considers
that such immunity is impeding the course of justice andwhen it is possible to dispense with it without prejudice
to the interests of the Commission.
2.
The Commission may waive the immunities accorded tothe Executive Secretary under this Agreement.
Article 15
Settlement of Disputes
1.
Where the Commission enters into contracts in Japan
with natural or juridical persons (other than contracts
concluded in accordance with staff regulations), thesecontracts shall, at the request of the other party orparties thereto, include an arbitration clause whereby any
disputes arising out of the interpretation or execution ofthe contracts may at the request of either party be
submitted to private arbitration.
2.
The Commission shall make provision for appropriate
modes of settlement of:(a)disputes of a private law character other thanthose arising from contracts specified inparagraph 1 of this Article;(b)disputes involving staff members who by reason of
his/her official position enjoys immunity, if
such immunity has not been waived in accordancewith Article 14.

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3.
Any dispute between the Commission and the Government
concerning the interpretation or application of thisAgreement or any question affecting the relationshipbetween the Commission and the Government which is notsettled by negotiation or other agreed modes of settlement
shall be referred to a tribunal of three arbitrators: one
to be appointed by the Minister, one to be appointed by theCommission and the third, who shall be the chairman of thetribunal, to be appointed by the first two arbitrators.
Should the first two arbitrators fail to agree upon thethird within six months following their appointment, thethird arbitrator shall be appointed by the President of theInternational Court of Justice at the request of theGovernment or the Commission. The decisions of thetribunal shall be final and binding upon the Government andthe Commission.
Article 16
Cooperation
1.
The Commission shall cooperate at all times with theappropriate authorities of Japan in order to facilitate theproper administration of justice at all times, to ensure
the observance of police regulations, regulations
concerning fire prevention, public health and labor
inspection and other similar legislation, and to prevent
any abuse of the privileges and immunities and facilities
provided for in this Agreement, but the right of theGovernment to take all precautionary measures in theinterests of its security shall not be prejudiced by any
provision in this Agreement.
2.
Without prejudice to the privileges and immunities
accorded by this Agreement, it is the duty of theCommission and of all persons enjoying such privileges andimmunities to observe the laws and regulations of Japan.
Article 17
Amendment
At the request either of the Government or of theCommission, consultations shall take place with respect toamendment of this Agreement. Any amendment shall be madeby mutual agreement.

- 9 -Article 18
Entry into Force and Termination1.
This Agreement shall enter into force on the date on
which the Government and the Commission exchange notes
indicating their acceptance of this Agreement.
2.
This Agreement may be terminated by agreement between
the Government and the Commission. In the event of theSecretariat of the Commission being moved from theterritory of Japan, or the dissolution of the Commission,
this Agreement shall, after the period reasonably required
for such transfer or dissolution and the disposal of theproperty of the Commission in Japan, cease to be in force.
In witness whereof, the undersigned, duly authorized
thereto, have signed this Agreement.
Done at Tokyo, in duplicate, in the English language,
on this thirtieth day of November, 2015.

For the Government of Japan:

For the North PacificFisheries Commission:
Moon Dae-yeon

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