The member states of the Organization for Democracy and Economic Development – GUAM – the Republic of Azerbaijan, Georgia, the Republic of Moldova and Ukraine;
guided by generally recognized principles and norms of international law;
taking into account the provisions of Article 16 of the Statute of the Organization for Democracy and Economic Development – GUAM;
have agreed as follows:
For purposes of the present Agreement:
- “GUAM” means the Organization for Democracy and Economic Development;
- “Statute” means the Statute of the Organization for Democracy and Economic Development – GUAM, signed on 23 May 2006 in Kyiv;
- “member states” means the states which are parties to the Statute and the present Agreement;
- “Council” means the Council of the Organization for Democracy and Economic Development – GUAM;
- “permanent representative” means the person who is empowered by sending member state to act as head of its permanent mission to GUAM;
- “employees of a permanent mission” means permanent representatives of the member states at GUAM and personnel of a permanent mission;
- “members of a delegation” means persons appointed by a member state, other state or an international organization to participate, in the capacity of their representatives, in the work of a body of GUAM or a conference convened by GUAM or under its guidance;
- “Secretariat” means the Secretariat of GUAM;
- “Secretary General” means the Secretary General of GUAM;
- “employees of the Secretariat” or “personnel of the Secretariat” means international officials and administrative-technical employees of the Secretariat of GUAM;
- “property of GUAM” means funds, facilities and assets, including all movable and immovable property owned or administered by GUAM;
- “premises of GUAM” means buildings or their parts, including adjoining land plots, irrespective of the right of ownership, which are used exclusively for purposes of GUAM;
- “archives of GUAM” means documents, records, correspondence, including manuscripts, audio records, video records, photos, discs, computer software and other information carrying media, wherever they are, which are owned or kept safe by GUAM;
- “family members” means the wife (husband) and children of employees of a permanent mission or employees of the Secretariat depending upon and residing with them.
Legal personality and application of the Agreement
- GUAM is a subject of international law, having capacity to conclude treaties, acquire, take on lease, dispose and administer the property of GUAM, and exercise other actions directed towards ensuring its activities, including legal defence of its interests. In these matters GUAM shall be represented by its Secretary General.
- In application of present Agreement, the Secretary General shall act on behalf of the Presiding Side and/or as agreed with the Council.
The Secretary General shall cooperate with corresponding authorities of the member states for the purpose of facilitating the proper execution of orders given by law-enforcement authorities, course of justice and prevention of any abuses related to the privileges and immunities provided by the present Agreement.
- The property of GUAM shall enjoy immunities from any forms of administrative and judiciary interference except cases in which the Council decides to waive the relevant immunity.
- The waive of the immunity from the jurisdiction with respect to civil or administrative case shall not mean the waive of the immunity with respect to the execution of a decision, in which case a special waive is required.
- Premises and archives of GUAM shall be inviolable.
- Premises and archives of GUAM shall enjoy the immunity from search, requisition, confiscation, expropriation, arrest and any other executive-procedural actions.
- The flag and the emblem of GUAM and flags of the member states shall be mounted on premises of GUAM.
- The flag of GUAM shall be mounted on vehicles when they are used for official purposes.
- GUAM may obtain and dispose funds, precious metals or any currency, own and dispose of bank accounts in any currency and other financial assets.
- GUAM may freely transfer funds owned by it from one member state to another, use them and convert them into any currency, owned by it, without restriction with any financial control, regulations or moratorium by the relevant authorities of the member states.
- GUAM, its assets, incomes and other property shall be exempted:
- from all direct taxes and duties collected in the territory of the member states except those which are charges for specific types of services;
- from all types of customs duties concerning the property, including publications, which are imported or exported by GUAM for official use except for expenses associated with warehousing, the customs clearance of cargoes outside the places specified for these purposes and those associated with overtime premiums to customs authorities.
- The property of GUAM imported in accordance with privileges of that type shall not be alienated in the member state into the territory of which
it is imported, otherwise subject to conditions agreed upon with this state.
- GUAM shall be exempted from those indirect taxes and duties, including value added taxes and excises, which constitute a part of the price of goods or services, purchased by GUAM for performing its functions, to the extent agreed upon by every member state.
- Goods purchased in accordance with that type of exemption or reimbursement may be sold or otherwise alienated only on terms determined by the member state which granted exemption or reimbursement.
Communications facilities, correspondence and publications
- The member states shall ensure, in their territory, for GUAM, a favourable treatment with respect to official communications which is not less favourable than that accorded to diplomatic missions of other states or international organizations.
- Censorship shall not be applied to communications facilities, official correspondence, publications, photo and motion pictures materials, sound and video records of GUAM.
- GUAM shall have the right to use codes, to receive and despatch diplomatic post covered by the privileges and immunities provided by the Vienna Convention on Diplomatic Relations of 1961.
Permanent representatives and members of a delegation
- Members of a delegation, while fulfilling their functional duties in the territory of the member states, shall enjoy the following privileges and immunities:
- the exemption from criminal, civil and administrative liability for words spoken or written and for all actions committed by them in the capacity of representatives of the member states;
- the inviolability of documents and all types of information-carrying media designated for official use;
- the right to use codes, to receive and despatch diplomatic post;
- the exemption from restrictions related to arrival, departure and stay in the territory of the member states which they visit or through they travel as transit while fulfilling their functions;
- the privileges and immunities in respect to the import, export and exchange of currency and the import and export of personal baggage similar to those enjoyed by diplomatic agents in accordance with the Vienna Convention on Diplomatic Relations of 1961.
- Permanent representatives and other employees of permanent missions of the member states and members of their families shall enjoy the privileges and immunities provided by the Vienna Convention on Diplomatic Relations of 1961, respectively, for heads of missions and members of diplomatic, administrative and service personnel of a mission.
In order to provide permanent representatives of the member states and members of delegation with the right to freedom of speech and independence in exercising their duties, the immunity from legal process in respect of words spoken or written by them and for all acts performed by them in the capacity of representatives of states or international organizations shall be granted even after the termination of performing these duties by the mentioned persons.
Privileges and immunities shall be accorded to permanent representatives of the member states and members of delegations not for the personal benefit of certain individuals, but for ensuring the efficient fulfillment of their functional duties.
The member states may waive the immunity from jurisdiction enjoyed by their permanent representatives.
The provisions of Articles 11, 12 and 13 of the present Agreement shall not be applied as between a member state and its representative.
Employees of the Secretariat
- Employees of the Secretariat fulfilling functions in the capacity of international officials:
- shall enjoy the immunity from the criminal, civil and administrative jurisdiction of the member states in respect of words spoken or written by them and for all act performed by them in the course of fulfilling their functional duties;
- shall be exempted from taxation on the salaries and emoluments received from GUAM;
shall enjoy the immunity from restrictions related to arrival, departure and stay in the territory of the member states;
- shall enjoy the privileges in respect of the import, export and exchange of currency similar to those accorded to diplomatic agents of the corresponding ranks;
- shall have the right to enjoy the privileges, in case of repatriation related to emergencies, accorded to diplomatic agents;
- shall have the right, in accordance with the current legislation of the host country where the Secretariat is situated, to freely import personal belongings, including vehicles, upon appointment in the host country and to freely export them upon the expiry of the term of tenure.
- The privileges and immunities provided by subparagraphs “c,” “d,” “e”, “f” of paragraph 1 shall be applied to family members of employees of the Secretariat residing with them.
- Property imported in accordance with that type of privileges may
be alienated in the country where the Secretariat is situated only in accordance with the current legislation of that country.
In addition to the immunities and privileges mentioned in Article 15 of the present Agreement, international officials of the Secretariat and members of their families residing with them shall be accorded with other immunities and privileges accorded to diplomatic agents in accordance with the Vienna Convention on Diplomatic Relations of 1961.
Administrative-technical personnel of the Secretariat and members of their families shall enjoy the immunities and privileges provided by the Vienna Convention on Diplomatic Relations of 1961 for members of administrative-technical personnel.
Employees of the Secretariat who are citizens of the host country or other member states residing in the state where the Secretariat is situated shall enjoy only the privileges and immunities provided by subparagraph “a” of paragraph 1 of Article 15 of the present Agreement.
- Privileges and immunities shall be accorded to employees of the Secretariat for the interests of GUAM and not for the personal benefit of certain individuals.
- The Council shall have the right to waive the immunity to a employee of the Secretariat who is an international official, if the immunity would impede the course of justice and if the waive would not prejudice to the purpose for which the immunity accorded.
- The Secretary General shall have the right to waive the immunity of employee of the Secretariat who is an administrative-technical employee, if the immunity would impede the course of justice and if the waive would not prejudice to the purpose for which the immunity accorded.
The present Agreement shall be concluded for an indefinite term.
The present Agreement shall be temporarily applied as of the date of its signature in accordance with national laws of the member states and shall enter into force as of the date of receipt by the depository of the last written notification on fulfillment of all internal procedures necessary for its entry into force, by the member states which are signatories of the present Agreement.
- After entry into force, the present Agreement shall be open for accession of the states which were granted membership in GUAM in accordance with Article 13 of the Charter.
- For the acceding state, the present Agreement shall enter into force as of the date of receipt, by the depositary of official written notification on fulfillment by the acceding state of all internal procedures, necessary for its entry into force.
Amendments and additions may be introduced into the present Agreement by mutual consent of the member states by means of separate protocol, being an integral part of the present Agreement and shall enter into force according to the order envisaged by Article 19 of the present Agreement.
In case of disputes over interpretation or application of the present Agreement, the member states shall settle them through consultations and negotiations.
No reservations shall be made to the present Agreement.
The depository of the present Agreement is the Secretariat.
Done in Baky on 19 June 2007 in one copy in English and Russian languages, both texts being authentic.
In case of divergences in the interpretation of provisions of the present Agreement, the English text shall prevail.