23 July l986

38th plenary meeting

Convention on the Privileges and Immunities of the Specialized Agencies: draft annex relating to the United Nations Industrial Development Organization

The Economic and Social Council,

Taking note of General Assembly resolution 179 (II) of 21 November 1947, by which the Assembly approved the Convention on the Privileges and Immunities of the Specialized Agencies and submitted it to the specialized agencies for acceptance and to every Member of the United Nations and every other State member of one or more of the specialized agencies for accession,

Noting that the General Assembly considered it desirable that any specialized agency thereafter brought into relationship with the United Nations should derive its privileges and immunities exclusively from that Convention,

Noting that the Constitution of the United Nations Industrial Development Organization, adopted by the United Nations Conference on the Establishment of the United Nations Industrial Development Organization as a Specialized Agency, provides in paragraph 2 (a) of article 21 that in the territory of any member of that organization that has acceded to the Convention in respect of the organization, the legal capacity, privileges and immunities provided for in that Constitution shall be as defined in the standard clauses of the Convention as modified by an annex thereto approved by the Industrial Development Board,

Noting that section 35 of the Convention provides that the Secretary-General shall transmit to any specialized agency not mentioned by name in the Convention a draft annex recommended by the Economic and Social Council,

Taking into account the draft annex to the Convention recommended by the Industrial Development Board for consideration by the Council,

Recommends to the United Nations Industrial Development Organization the following draft annex:

"Annex

"UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION

"In their application to the United Nations Industrial Development Organization (hereinafter called "the Organization") the standard clauses shall operate subject to the following modifications:

"1. (a) Experts (other than officials coming within the scope of article VI) serving on committees of, or performing missions for, the Organization shall be accorded the following privileges and immunities so far as is necessary for the effective exercise of their functions, including the time on journeys in connection with service on such committees or missions:

"(i) Immunity from personal arrest or detention and from seizure of their personal baggage;

"(ii) In respect of words spoken or written or acts done by them in the performance of their official functions, immunity from legal process of every kind, such immunity to continue notwithstanding that the person concerned is no longer serving on committees of, or employed on mission for, the Organization,

"(iii) The same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are accorded to officials of foreign Governments on temporary official missions;

"(iv) Inviolability for all papers and documents relating to the work in which they are engaged for the organization;

"(v) For their official communications, the right to use codes and to receive documents and correspondence by courier or in sealed bags;

"(b) In connection with subparagraphs (iv) and (v) of paragraph 1 (a) above, the principle contained in the last sentence of section 12 of the standard clauses shall be applicable;

"(c) Privileges and immunities are granted to experts of the Organization in the interests of the Organization and not for the personal benefit of the individuals themselves. The Organization shall have the right and duty to waive the immunity of any expert in any case where in its opinion the immunity would impede the course of justice, and it can be waived without prejudice to the interests of the Organization.

"2. The privileges, immunities, exemptions and facilities referred to in section 21 of the standard clauses shall also be accorded to any Deputy Director-General of the Organization."