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Agreement between the Government of Canada and the United Nations concerning the Privileges, Immunities and Other Facilities of United Nations Officials Servicing the Secretariat of the Multilateral Fund for the Implementation of the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer [1998] CATSer 25 (23 November 1998)

E103122 - CTS 1998 No. 23

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE UNITED NATIONS CONCERNING THE PRIVILEGES, IMMUNITIES AND OTHER FACILITIES OF UNITED NATIONS OFFICIALS SERVICING THE SECRETARIAT OF THE MULTILATERAL FUND FOR THE IMPLEMENTATION OF THE 1987 MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER

THE GOVERNMENT OF CANADA and THE UNITED NATIONS, hereinafter referred to as the "Parties";

WHEREAS in accordance with the decision taken by the first meeting of the States Parties to the Vienna Convention for the Protection of the Ozone Layer (Helsinki, 26-28 April, 1989), United Nations Environment Programme, hereinafter referred to as "UNEP", has been requested to carry out secretariat functions for the Secretariat of the Vienna Convention and 1987 Montreal Protocol on Substances that Deplete the Ozone Layer;

WHEREAS in accordance with the decisions taken by the States Parties to the 1987 Montreal Protocol at their second meeting (London, 27-29 June 1990) and their fourth Meeting (Copenhagen, 23-25 November 1992) and by the Executive Committee of the Multilateral Fund for the Implementation of the Montreal Protocol at its first meeting in Montreal (19-21 September 1990), the Government of Canada offered to host the Secretariat of the Multilateral Fund and to cover any additional costs of its location and operation in Canada, relative to the cost associated with UNEP Headquarters and to adjust these costs on an annual basis;

WHEREAS the Multilateral Fund has been made operative by the Executive Committee from 1 January 1991;

WHEREAS the Convention on the Privileges and Immunities of the United Nations to which Canada has been a party since 22 January 1948, applies to United Nations officials servicing the Secretariat of the Multilateral Fund;

WHEREAS the Government of Canada has agreed to ensure the availability of all the necessary facilities for United Nations officials to perform their functions in connection with the Multilateral Fund; and

WHEREAS the Government of Canada and the United Nations desire to conclude an Agreement to regulate matters resulting from the establishing in Montreal and operating in Canada of the Secretariat of the Multilateral Fund;

HAVE AGREED as follows:

ARTICLE 1

Definitions

In this Agreement:

(a) "Multilateral Fund" means the Multilateral Fund for the Implementation of the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer and its amendments;

(b) "Secretariat" means the Secretariat of the Multilateral Fund;

(c) "Officials of the Secretariat" means United Nations officials assigned by the United Nations to service the Secretariat, irrespective of nationality, with the exception of those who are recruited locally and are assigned to hourly rates; and

(d) "Convention" means the Convention on the Privileges and Immunities of the United Nations adopted by the General Assembly of the United Nations on 13 February 1946.

ARTICLE 2

Privileges and Immunities of officials of the Secretariat

The officials of the Secretariat shall enjoy in Canada the following privileges and immunities:

(a) immunity from legal process in respect of words spoken or written and any act performed by them in their official capacity;

(b) exemption from taxation on the salaries and emoluments paid to them by Multilateral Fund;

(c) immunity for themselves, their spouses and relatives dependent on them, from immigration restrictions and aliens registration procedures;

(d) immunity from national service obligations;

(e) the same repatriation facilities in time of international crisis for themselves, their spouses and relatives dependent on them, as are accorded to diplomatic agents;

(f) the same exchange facilities as are accorded to officials of comparable rank forming part of diplomatic missions in Canada; and

(g) the right to import free of duty their furniture and effects, including motor vehicles, at the time of first entry into Canada, or in the case of former residents of Canada returning to Canada to resume residence in Canada after having been residents of another country, the right, subject to the applicable legislation, to import free of duty their furniture and effects, including motor vehicles, at the time of their return to Canada.

ARTICLE 3

Diplomatic Privileges, Immunities and Facilities

1. In addition to the immunities and privileges specified in Article 2, the Chief Officer, and his or her spouse and relatives dependent on him or her, unless they are Canadian citizens or are permanent residents in Canada as defined by applicable Canadian legislation, shall be accorded the same privileges, immunities and facilities as are enjoyed by diplomatic agents and their families in Canada.

2. In addition to the immunities and privileges specified in Article 2, officials of the Secretariat belonging to senior categories determined by the Chief Officer in consultation with the Secretary-General of the United Nations and accepted by the Government of Canada, and their spouses and relatives dependent on them, unless they are Canadian citizens or are permanent residents in Canada as defined by applicable Canadian legislation, shall be accorded the privileges, immunities and facilities as are granted to diplomatic agents of comparable rank in Canada.

ARTICLE 4

Employment of Dependents

Dependents of officials of the Secretariat shall, upon application, receive authorization for employment in Canada.

ARTICLE 5

Waiver of Immunities

Privileges and immunities are granted to officials of the Secretariat in the interests of the United Nations and not for the personal benefit of the individuals themselves. The Secretary-General of the United Nations shall have the right and the duty to waive the immunity of any United Nations official in any case where, in his opinion, the immunity would impede the course of justice and could be waived without prejudice to the interests of the United Nations.

ARTICLE 6

Respect for the Laws and Regulations of Canada

1. Without prejudice to their privileges and immunities, it is the duty of all officials of the Secretariat to respect the laws and regulations of Canada. They also have a duty not to interfere in the internal affairs of Canada.

2. The United Nations 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 avoid the occurrence of any abuse in connection with the privileges, immunities and facilities referred to in this Agreement.

ARTICLE 7

Notification Procedure

The Chief Officer shall promptly notify the Minister of Foreign Affairs of Canada of the names and categories of persons referred to in this Agreement and any change in their status.

ARTICLE 8

Identity Card and United Nations Laissez-passer

1. The Government of Canada shall provide all officials of the Secretariat with an identity card certifying their status under this Agreement.

2. The Government of Canada shall recognize and accept United Nations laissez-passers held by officials of the Secretariat as valid travel documents. Visas, where required, shall be granted free of charge and as promptly as possible.

ARTICLE 9

Settlement of Disputes

1. Without prejudice to Article VIII of the Convention, any dispute concerning the interpretation or implementation of this Agreement that is not settled by negotiation or other agreed method of settlement shall, at the request of either Party, be referred to a tribunal of three arbitrators, one to be chosen by the Minister of Foreign Affairs of Canada, one to be named by the Secretary-General of the United Nations and the third to be appointed by the two arbitrators. If, within thirty days of the request for arbitration, either Party has not appointed an arbitrator or if, within fifteen days of the appointment of two arbitrators, the third arbitrator has not been appointed, either Party may request the President of the International Court of Justice to appoint an arbitrator.

2. The procedure of arbitration shall be determined by the arbitrators, and the expenses of the arbitration shall be borne by the Parties as assessed by the arbitrators. The arbitral award shall contain a statement of the reasons on which it is based and shall be accepted by the Parties as the final adjudication of the disputes.

ARTICLE 10

Final Provisions

1. When a provision of this Agreement and a provision of the Convention deal with the same subject, both provisions shall be considered complementary. Whenever possible, both of them shall be applied and neither shall restrict the force of the other.

2. This Agreement shall enter into force upon signature.

3. This Agreement may be amended by mutual consent at any time at the request of either Party.

4. This Agreement shall continue in effect indefinitely.

5. This Agreement shall cease to be in force if the Secretariat of the Multilateral Fund is relocated from the territory of Canada, except for such provisions as may be applicable in connection with the orderly termination of the operations of the Secretariat of the Multilateral Fund in Canada.

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

DONE in duplicate, at Cairo on this 23rd day of November 1998, in the English and the French languages, both texts being equally authentic.

Marie-Andrée Beauchemin

FOR THE GOVERNMENT OF CANADA

Klaus Topfer

FOR THE UNITED NATIONS