Convention on the Privileges and Immunities of the Secretariat of the Conference on Confidence-Building Measures for Interaction in Asia and its Personnel, representatives of Member States

Convention on the Privileges and Immunities of the Secretariat of the Conference on Interaction and Confidence-Building Measures in Asia and its personnel and representatives of member States

(Chinese translation)

Source: Chinese Dawang October 24, 2023

　　The States Parties to the Conference on Interaction and Confidence-Building Measures in Asia, guided by the universally recognized principles and norms of international law and the Almaty Document signed on 4 June 2002, and in order to give effect to article 5, paragraph 2, of the Agreement on the Secretariat of the Conference on Interaction and Confidence-Building Measures in Asia, adopted on 17 June 2006, agree as follows:

Article 1 Definitions

　　For the purposes of this Convention, the following definitions shall be used:

　　1. "CICA means" the Conference on Interaction and Confidence-Building Measures in Asia;

　　2. "Secretariat" means the secretariat of the Conference on Interaction and Confidence-Building Measures in Asia;

　　3. "Parties" means the members of the Conference on Interaction and Confidence-Building Measures in Asia that have ratified, accepted, approved or acceded to this Convention;

　　4. "Executive Director" means the Chief Executive Officer of the Secretariat;

　　5. "Deputy Executive Director" means the Deputy Chief Executive Officer of the Secretariat;

　　6. "Full-time personnel" means Secretariat officials appointed by the Executive Director by CICA members assigned to the Secretariat with the approval of the CICA Senior Officials Committee;

　　7. "Family members" means spouses accompanying the Executive Director, Deputy Executive Directors and full-time staff of the Secretariat and their dependent children under the age of 18;

　　8. "Representatives of the Parties" means persons sent by the Parties to participate in CICA meetings.

Article 2 Legal capacity of the Secretariat

　　The Secretariat shall have the legal capacity necessary for the performance of its functions in the territory of the Parties.

Article 3 Privileges and Immunities: General Provisions

　　The privileges and immunities accorded to persons under the present Convention are intended to ensure the independent performance of their public functions and not for their personal gain.

　　2. Immunity shall be waived when it interferes with judicial proceedings and the waiver of immunity is detrimental to the purpose of the immunity. Any waiver of immunity must be express. The decision to waive immunity shall be exercised in accordance with the following:

　　(a) The Foreign Ministers of the Parties or their duly authorized representatives shall, on the recommendation of the CICA Senior Officials' Committee, decide to waive the immunity of the Executive Director and the Deputy Executive Director by consensus at the ministerial meeting or through diplomatic channels during the intersessional period.

　　(2) The CICA Senior Officials Committee shall, on the recommendation of the Executive Director, decide to waive the exemption of full-time personnel.

　　(c) The waiver of immunity of representatives of each Party shall be determined by its sending Party.

　　3. Without prejudice to the above-mentioned privileges and immunities, individuals enjoying privileges and immunities shall respect the domestic law of the Parties.

Article 4 Privileges and Immunities of the Secretariat

　　1. The Secretariat and its property and assets, wherever located and by whomsoever held, shall be immune from any administrative or legal process, unless waived expressly in specific circumstances. Under exceptional circumstances, the CICA Senior Officials Committee shall decide to waive the waiver of immunity on the recommendation of the Executive Director. Any waiver of immunity should not involve enforcement measures.

　　2. The archives and other documents of the Secretariat are inviolable.

　　3. To the extent necessary for the implementation of actions commensurate with its objectives, the Secretariat shall have the right to hold funds and open accounts in the territory of the Parties in a manner agreed upon by the Parties concerned, without being subject to any form of financial control, fiscal regulation or moratorium.

　　4. The Secretariat and its assets, income and other property are exempt from all direct taxes, except for charges for services provided by specific projects.

Article 5 Privileges and immunities of the Executive Director, Deputy Executive Directors and full-time personnel

　　1. The Executive Director, the Deputy Executive Director and their full-time staff shall enjoy the following privileges and immunities:

　　1. Immunity from all legal process and immunity from arrest or detention in person for all acts spoken or written in their official capacity, except:

　　1. An action for damages arising from a traffic accident caused by the above-mentioned persons or means of transport owned by the Secretariat, or driven by such persons;

　　2. Claims for damages arising from the above-mentioned acts of persons resulting from death or injury.

　　(b) The above-mentioned persons who temporarily reside or pass through the Parties for the performance of their official duties shall be exempt from immigration restrictions and compulsory alien registration.

　　(3) In terms of currency exchange, enjoy the same preferential treatment as diplomatic representatives in the relevant countries.

　　(4) When evacuated and returned to their home countries due to an international crisis, they shall enjoy the same facilities as diplomatic agents.

　　(e) Subparagraphs (b) and (d) of this paragraph shall also apply to the family members of the persons concerned.

　　2. Each Party shall not be obliged to provide the privileges and immunities provided for in paragraph 1 of this Article to:

　　(1) Citizens or permanent residents of their own country.

　　(b) citizens of countries with which they have not established diplomatic relations.

Article 6 Privileges and Immunities of the Representatives of the Parties

　　1. Representatives of the Parties shall enjoy the following privileges and immunities in the performance of their official duties and on their way to and from the premises of the Conference:

　　(1) The person shall not be arrested or detained, and oral or written statements made in a representative capacity and all acts thereof shall be exempt from all legal procedures at the CICA conference.

　　(b) Inviolability of all its instruments, documents and electronic information media.

　　(c) If they visit or pass through various parties in the performance of their official duties, they and their accompanying spouses are exempt from immigration restrictions and alien registration.

　　(d) Restrictions on currency or foreign exchange shall enjoy the same facilities as representatives of foreign Governments on temporary official duty.

　　(e) their personal baggage shall enjoy the same immunities and facilities as diplomatic agents.

　　2. Each Party shall not be obliged to provide the privileges and immunities provided for in paragraph 1 of this Article to:

　　(1) Citizens or permanent residents of their own country.

　　(b) citizens of countries with which they have not established diplomatic relations.

Article 7 Signature

　　1. The Parties shall provide full assistance to the Executive Director, Deputy Executive Director and full-time staff of the Secretariat participating in CICA meetings, as well as to the representatives of CICA members, in obtaining visas.

　　2. Each Party shall not be obliged to issue visas to citizens of countries with which it does not have diplomatic relations.

Article 8 Effect on rights and obligations under other international treaties

　　This Convention does not affect and shall not be interpreted as affecting the rights and obligations of the Parties as a party to other international agreements.

Article IX Final Provisions

　　1. This Convention shall be open for signature by CICA members.

　　2. This Convention is subject to ratification, acceptance or approval by signatory States. This Convention is open to accession by CICA members. This Convention shall enter into force on the thirtieth day after the date of receipt by the depositary of the fourteenth instrument of ratification, acceptance, approval or accession. This Convention shall enter into force for CICA members who ratify, accept, approve or accede to this Convention after the entry into force of this Convention on the thirtieth day after the deposit of their instruments of ratification, acceptance, approval or accession.

　　3. The depositary of this Convention shall be the CICA Secretariat. The Depositary shall be responsible for notifying the Parties of the date of entry into force of this Convention and of the receipt of instruments of ratification, acceptance, approval or accession from the Parties concerned.

　　4. This Convention may be amended by means of a protocol by agreement of the Parties. The Protocol shall enter into force in accordance with the procedure set out in paragraph 2 of this Article.

　　5. Either Party may denounce this Convention at any time by giving written notice to the depositary. This Convention shall cease to have effect against a Party six months after the date of receipt of the notification by the Depositary.

　　Done at Istanbul on 8 June 2010 in duplicate in English.