(Entered
into force 15th December, 1993)
The North Pacific Marine Science Organization and the
Government of Canada, wishing to conclude an agreement
respecting the establishment in Canada of the headquarters
of the organization, have agreed as follows:
The North Pacific Marine Science Organization (hereinafter
referred to as the Organization) shall have in Canada
the legal capacities of a body corporate, including
the capacity to contract, to acquire and dispose of
property, and to institute legal proceedings.
The Organization, its property and its assets, wherever
located and by whomsoever held, shall enjoy immunity
from every form of judicial process except in so far
as in any particular case the Executive Secretary of
the Organization has expressly waived its immunity.
Such waiver shall be understood not to extend to any
measure of execution, save with the express consent
of the Executive Secretary of the Organization. The
Governing Council of the Organization shall establish
guidelines as to the circumstances in which the Executive
Secretary may waive any immunity of the Organization,
and as to the method in which any such waiver shall
be made.
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, except
with the consent of and under the conditions agreed
to by the Executive Secretary of the Organization. This
Article shall not prevent the reasonable application
of fire protection regulations.
The archives and documents of the Organization shall
be inviolable at any time wherever they may be.
The Organization, its assets, income, and other property
shall be:
(a) exempt from all direct taxes except for charges
for public utility services;
(b) exempt from customs duties and taxes in respect
of articles imported or exported by the Organization
in the furtherance of its function; articles imported
under such exemption shall not be sold or disposed
of in Canada except under conditions agreed to by
the Government of Canada.
(c) exempt from any prohibition or restriction on
import, export or sale of its publications, and exempt
from customs duties and excise taxes in respect thereof.
All representatives of Member States to the Governing
Council of the Organization shall, while exercising
their functions and during their journeys to and from
the place of meeting, enjoy in Canada the privileges
and immunities necessary for the independent performance
of their function, and in particular immunity from personal
arrest or detention and from seizure of their personal
baggage, inviolability of all papers and documents,
and, in respect of words spoken or written and all acts
done by them in their capacity as representatives, immunity
from legal process of every kind. The immunity from
legal process in respect of words spoken or written
and all acts done by them in discharging their duties
as representatives shall continue to be accorded, notwithstanding
that the persons concerned have ceased to be representatives
of Member States. Such immunity may be waived only by
the Government of the Member State. For the purpose
of this Agreement, representatives shall include alternate
representatives, experts and advisors to representatives.
The Chairman of the Governing Council of the Organization,
and the Vice-Chairman when acting as Chairman, shall,
while exercising the functions of the Chairman, and
during their journeys to and from the place of meeting,
or to and from the Secretariat, enjoy in Canada the
privileges and immunities necessary for the independent
performance of their function, and in particular immunity
from personal arrest or detention and from seizure of
their personal baggage, inviolability of all papers
and documents, and, in respect of words spoken or written
and all acts done by them in the capacity of Chairman,
immunity from legal process of every kind. The immunity
from legal process in respect of words spoken or written
and all acts done by them in the capacity of Chairman
shall continue to be accorded, notwithstanding that
the person concerned is no longer the Chairman or acting
as Chairman. Such immunity may be waived only by the
Governing Council of the Organization.
Except in so far as in any particular case any privilege
or immunity is waived by the Executive Secretary of
the Organization, or, in a case involving the immunities
of the Executive Secretary, by the Chairman of the Governing
Council of the Organization, officials of the Organization
shall:
(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 immune, together with their spouses and members
of their families forming part of their households,
from immigration restrictions and alien registration;
(c) be immune from national service obligations;
(d) be given, together with their spouses and members
of their family forming part of their households,
the same repatriation facilities in times of international
crisis as diplomatic agents;
(e) be accorded the same privileges in respect to
exchange facilities as are accorded to officials of
comparable ranks forming part of diplomatic missions
in Canada;
(f) have the right to import free of duty their furniture
and effects, including motor vehicles but not including
spirituous liquors, at the time of first taking up
their post in Canada;
(g) be exempt from taxation on the salaries and emoluments
paid to them by the Organization.
2. The immunity from legal process in respect of words
spoken or written and all acts done by them in their
capacity as officials of the Organization shall continue
to be accorded, notwithstanding that the person concerned
is no longer an official of the Organization.
No person shall be entitled to the privileges and immunities
accorded in Article 8 unless and until the name and
status of such person shall have been duly notified
to the Secretary of State for External Affairs of Canada.
An official of the Organization who is a Canadian citizen
or a person admitted to Canada for permanent residence
as defined by applicable Canadian immigration legislation
shall enjoy only those privileges and immunities set
forth in Article 8(a), (b), and (c).
Experts performing missions for the Organization shall
be accorded such privileges and immunities as are necessary
for the independent exercise of their functions during
the period of their missions.
The Organization shall cooperate at all times with
the appropriate Canadian authorities to facilitate the
proper administration of justice, secure the observance
of Canadian laws and regulations, and prevent the occurrence
of any abuse in connection with the privileges, immunities,
and facilities mentioned in this Agreement.
Any dispute between the Organization and the Government
of Canada concerning the interpretation or application
of this Agreement or any supplementary agreement, which
is not settled by negotiation or other agreed mode of
settlement, shall be referred to a tribunal of three
arbitrators for final decision. One arbitrator shall
be designated by the Chairman of the Governing Council
of the Organization, and another by the Secretary of
State for External Affairs of Canada. The two arbitrators
shall appoint a third arbitrator.
1. This Agreement will enter into force on the date
of its signature.
2. This Agreement may be revised at the request of
either Party. To do so, the two Parties shall consult
on the modifications in question. In the event that
their negotiations should fail to produce an agreement
within the period of one year, this Agreement may be
renounced by either Party, upon giving notice of two
years.
IN WITNESS WHEREOF, the undersigned duly authorized
by the Government of Canada and the North Pacific Marine
Science Organization (PICES) have signed this Agreement.
DONE in duplicate at Victoria, this 8th day of January,
1993, in the English and French languages, each version
being equally authentic.
(signed) Warren S. Wooster (signed) John C. Davis
For the North Pacific Marine For the Government of
Science Organization (PICES) Canada
29/12/93 Canadian Gazette Part II, Vol. 127, No. 26
Registration
SOR/93-611 15 December, 1993
Foreign Missions and International Organizations Act
P.C. 1993-2113 15 December, 1993
His excellency the Governor General in Council, on
the recommendation of the Secretary of State for External
Affairs and the Ministry of Finance, pursuant to section
5 of the Foreign Missions and International Organizations
Act (S.C. 1991, c. 41), is pleased hereby to make the
annexed Order respecting the privileges and immunities
in Canada of the North Pacific Marine Science Organization
(PICES).
ORDER RESPECTING THE PRIVILEGES AND IMMUNITIES IN CANADA
OF THE NORTH PACIFIC MARINE SCIENCE ORGANIZATION (PICES)
1. This Order may be cited as the North Pacific Marine
Science Organization Privileges and Immunities Order.
2. In this Order,
"Agreement" means the Headquarters Agreement
between the Government of Canada and the North Pacific
Marine Science Organization (PICES); (Accord)
"Convention" means the Convention on the
Privileges and Immunities of the United Nations; (Convention)
"Organization" means the North Pacific
Marine Science Organization. (Organization)
3. (1) The Organization shall have in Canada the
legal capacities of a body corporate and to the extent
specified in Articles 2, 3, 4, and 5 of the Agreement,
the privileges and immunities set out in Article II
of the Convention.
(2) Representatives of foreign states that are members
of the Governing Council of the Organization shall
have in Canada, to the extent specified in Article
6 of the Agreement, the privileges and immunities
set out in Article IV of the convention.
(3) The Chairman of the Governing Council of the Organization,
and the Vice-Chairman when acting as Chairman, shall
have in Canada, to the extent specified in Article
7 of the Agreement, the privileges and immunities
set out in article IV of the Convention.
(4) Officials of the Organization, whose name and
status have been notified to the Secretary of State
for External Affairs of Canada in accordance with
Article 9 of the Agreement and in respect of which
the Secretary of state for External affairs of Canada
agreed, shall have in Canada, to the extent specified
in Article 8 and 10 of the Agreement, the privileges
and immunities set out in section 18 of Article V
of the Convention.
(5) Experts performing missions for the Organization
shall have in Canada, to the extent specified in Article
11 of the Agreement, the privileges and immunities
set out in Article VI of the Convention.
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