On ratification of the Convention on Privileges and Immunities of the Eurasian Economic Community

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The Law of the Republic of Kazakhstan dated November 14, 2002 No. 354.

RCPI's note! The Convention was terminated by the Law of the Republic of Kazakhstan dated December 24, 2014 No. 266-V.

To ratify the Convention on Privileges and Immunities of the Eurasian Economic Community, signed in Minsk on May 31, 2001.

President of the Republic of Kazakhstan

Eurasian Economic Community Interstate Council Decision

dated May 31, 2001, No. 17, Minsk

On the Convention on Privileges and Immunities Of the Eurasian Economic Community

The Interstate Council of the Eurasian Economic Community has decided:

To adopt the Convention on Privileges and Immunities of the Eurasian Economic Community (attached).

From the Republic of Belarus

From the Republic of Kazakhstan

From the Kyrgyz Republic

From the Russian Federation

From the Republic of Tajikistan

Convention on Privileges and Immunities Of the Eurasian Economic Community

The Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation and the Republic of Tajikistan, hereinafter referred to as the Parties,

Desiring to provide the necessary conditions for the effective fulfillment by the Eurasian Economic Community of its goals and objectives,

guided by generally recognized principles and norms of international law,

Considering the provisions of article 16 of the Treaty Establishing the Eurasian Economic Community, according to which the Eurasian Economic Community and its officials enjoy the privileges and immunities necessary to perform the functions and achieve the goals provided for by the Treaty Establishing the Eurasian Economic Community and the treaties in force within the framework of the Eurasian Economic Community,

have agreed on the following:

Article 1

For the purposes of this Convention, the following terms mean:

The "Treaty" is an agreement on the establishment of the Eurasian Economic Community, signed in Astana on October 10, 2000.;

"EurAsEC" or "Community" - the Eurasian Economic Community;

"member State" - a member State of the Eurasian Economic Community;

"receiving State" means the State in whose territory the Community body or its representative office is located.;

"EurAsEC bodies" or "Community bodies" - the Interstate Council (Interstate Council), the Integration Committee, the Interparliamentary Assembly, the Community Court, formed in accordance with Article 3 of the Treaty;

"representative office" - the representative office of the EurAsEC Integration Committee in a member state of the Community;

The "General Secretary" is the highest administrative official of the Community.;

"officials" - persons approved by the Community bodies on the recommendation of the EurAsEC member States in accordance with the quotas assigned to each member state for positions, the list of which is determined by the Interstate Council.;

"employees" - persons working as specialists in the EurAsEC bodies on the basis of contracts concluded with them.;

"Permanent Representative (Permanent Representative)" is a person who is charged by the sending State with the duty to act in this capacity.;

"Permanent Mission staff" means the staff of the Permanent Mission, with the exception of technical and maintenance personnel.;

"premises of the EurAsEC bodies" - buildings or parts of buildings used for official purposes of the EurAsEC, as well as the residence of the Secretary General and officials of the Community;

"premises of the Permanent Mission" - buildings or parts of buildings used for official purposes of the Permanent Mission, as well as the residence of the Permanent Representative and staff of the Permanent Mission to the EurAsEC;

"representatives of the Member States" - representatives of the member States in the EurAsEC bodies, heads and members of delegations sent by the member States to meetings of these bodies, and events held within the Community;

"family members" means the spouse, minor children and dependents of the Secretary General, officials and employees of the EurAsEC bodies, the Permanent Representative, and employees of Permanent Missions to the EurAsEC.

Article 2

The Secretary General, officials and employees of the Community's bodies are international employees. In the performance of their official duties, they should not seek or receive instructions from authorities or officials of the Parties, as well as from authorities outside the Community.

Each Party undertakes to strictly respect the international character of the functions of officials and employees of Community bodies and not to influence them in the performance of their official duties.

I. Privileges and immunities of the Community

Article 3

The property and assets of the Community's organs enjoy immunity from any form of administrative or judicial interference, except in cases where the Community itself waives immunity.

The premises of the EurAsEC bodies, as well as its archives and documents, including official correspondence, regardless of their location, are not subject to search, requisition, confiscation or any other form of interference that interferes with its normal activities.

Representatives of the relevant authorities and administration of the host State may not enter the premises of the Community bodies except with the consent of the Secretary General or the head of the EurAsEC body and on conditions approved by him.

The execution of any actions by decision of the relevant authorities and administration of the host State may take place on the premises of the Community authorities only with the consent of the Secretary General or the head of the relevant EurAsEC body.

The premises of the EurAsEC bodies cannot serve as a refuge for persons who are prosecuted under the laws of either Party or are subject to extradition to a member State or a third State.

The inviolability of the premises of the Community bodies does not give the right to use them for purposes incompatible with the functions or tasks of the EurAsEC or detrimental to the security of the Parties, the interests of their individuals or legal entities.

The host State shall take appropriate measures to protect the premises of the EurAsEC from any intrusion or damage.

Article 4

EurAsEC bodies are exempt from direct taxes and fees, duties and other payments levied on the territory of the host State, with the exception of those that are payments for specific types of services.

Items and other property intended for official use by EurAsEC bodies and representative offices are exempt in the member States from customs duties, taxes and related charges, with the exception of charges for storage, customs clearance outside designated locations or outside the working hours of the relevant customs authority and similar services in accordance with the procedure provided for international organizations.

Article 5

With regard to their official means of communication, Community bodies and missions enjoy no less favourable conditions than those provided by the host State to diplomatic missions.

Article 6

EurAsEC bodies may place the flag, emblem or other symbols of the Community on their premises and vehicles belonging to them.

Article 7

The Community, subject to the legislation of the member States, may, in accordance with its objectives and functions, publish and distribute printed materials, the publication of which is provided for by decisions of the EurAsEC bodies.

Article 8

The receiving State shall assist the Community in acquiring or obtaining premises necessary for the Community to carry out its functions.

Article 9

The Community shall cooperate continuously with the relevant authorities and administrations of the Member States in order to ensure the proper administration of justice and compliance with law enforcement regulations, as well as to prevent any abuse of the privileges and immunities provided for in this Convention.

II. Privileges and immunities of the Secretary General, officials and employees of the EurAsEC bodies

Article 10

The Secretary-General and his family members residing with him, if they are not nationals of the receiving State, enjoy privileges and immunities to the extent provided for by the Vienna Convention on Diplomatic Relations of April 18, 1961 for a diplomatic agent.

Article 11

Community officials and their family members living with them:

a) are not subject to criminal, civil and administrative liability for what they have said or written and for all actions committed by them as officials;

b) are exempt from taxation of wages and other remuneration paid by the Community;

c) are exempt from state duties;

d) are exempt from immigration restrictions and registration as foreigners;

e) are exempt from paying customs duties, taxes and related charges for items and other property intended for initial acquisition, with the exception of charges for transportation, storage, customs clearance outside designated locations or outside the working hours of the relevant customs authority and similar services;

(e) Enjoy the same repatriation benefits as diplomatic representatives enjoy during international crises.

Paragraph "b" does not apply to officials who are citizens of the receiving State or permanently residing there.

Paragraph "e" does not apply to officials who are citizens of the receiving State or permanently residing in it, as well as members of their families living with them.

Article 12

The Secretary General, officials and employees of the Community bodies may not engage in commercial or any other activity for personal gain or the benefit of others, with the exception of scientific, creative and teaching activities.

Persons who are exempt from taxation in the receiving State in accordance with articles 10 and 11 of this Convention, if they receive income from the activities specified in this article, declare the total income received from such activities and pay taxes on it in accordance with the legislation of the receiving State.

Article 13

The Secretary General and officials of the Community must comply with the requirements provided for by the laws and regulations of the receiving State regarding insurance against damage that may be caused to third parties in connection with the use of any vehicle.

Article 14

Employees of Community bodies are not subject to the jurisdiction of the judicial or administrative authorities of the host State in respect of actions performed in the direct performance of their official functions, except in cases of presentation:

a) claims for damages in connection with a traffic accident caused by or driven by a vehicle belonging to the Community or an employee;

b) claims in connection with death or bodily injury caused by an action on the part of an employee.

Community officials are exempt from immigration restrictions and registration as foreigners.

Article 15

The privileges and immunities enjoyed by the Secretary-General, officials and employees of Community bodies are not granted to them for personal gain, but for the effective, independent performance of their official functions in the interests of the Community.

Article 16

The Secretary-General, officials and members of their families shall enjoy the privileges and immunities provided for in this Convention from the moment they enter the territory of the receiving State on their way to their destination or, if they are already in that territory, from the moment when the Secretary-General or officials have assumed their duties.

Upon termination of the functions of the Secretary-General or an official, his privileges and immunities, as well as those of his family members living with him, usually expire at the time the person leaves the receiving State or after a reasonable period of time to do so, whichever comes first. As for family members, their privileges and immunities cease when they cease to be family members of an official, however, with the caveat that if such persons intend to leave the receiving State within a reasonable period of time, their privileges and immunities remain until the moment of their departure.

In the event of the death of the Secretary-General or an official of the Community, his family members who lived with him shall continue to enjoy the privileges and immunities granted to them until they leave the receiving State or until the expiration of a reasonable period for leaving the receiving State, whichever is earlier.

Article 17

All persons enjoying privileges and immunities under this Convention are obligated, without prejudice to their privileges and immunities, to respect the laws and regulations of the receiving State. They are also obliged not to interfere in the internal affairs of this State.

Article 18

A Member State may waive the immunity of an official sent by it in the event that, in the opinion of that State, the immunity impedes the administration of justice and the waiver of immunity does not prejudice the purposes for which it was granted. The right to waive immunity in respect of the Secretary General and officials also belongs to the Interstate Council.

The waiver of immunity must be clearly expressed.

III. Privileges and immunities of representatives of the Member States

Article 19

Representatives of the Member States, when performing official actions and while traveling to the venue of events organized by the Community in the Member States, shall enjoy the following privileges and immunities:

(a) Immunity from personal arrest or detention, as well as the jurisdiction of judicial and administrative authorities over all acts that may be committed by them in this capacity;

b) inviolability of the home;

c) exemption of accompanied baggage and hand luggage from customs inspection, unless there are serious grounds to assume that they contain items and other property not intended for official or personal use, or items and other property, the import or export of which is prohibited or regulated by quarantine and other regulations of the Member State;

d) exemption from immigration restrictions and registration as foreigners.

Article 20

The privileges and immunities enjoyed by representatives of the Member States are granted to them not for personal gain, but for the effective, independent performance of their official functions in the interests of the Community.

Representatives of the Member States may not engage in commercial or any other activity in the host State in the interests of personal gain or the benefit of others, with the exception of scientific, creative and teaching activities.

Article 21

Premises occupied by representatives of the Member States, furnishings and other property, as well as vehicles used by them for official purposes, enjoy immunity from search, requisition, arrest and enforcement actions.

Article 22

The archives and documents of the representatives of the Member States are inviolable at any time and regardless of the media and their location.

Article 23

If this does not contradict the laws and regulations on zones where entry is prohibited or regulated for reasons of national security, the receiving State shall ensure to all representatives of the Member States freedom of movement and travel on its territory to the extent necessary for the performance of their functions.

Article 24

The sending Member State may waive the immunity of its representative in the event that, in its opinion, the immunity impedes the course of justice and the waiver of immunity does not prejudice the purposes for which it was granted.

The refusal must be explicit.

If the sending Member State does not waive the immunity of its representative in respect of a civil action, it shall make every effort to resolve the case fairly.

The initiation of a case by a representative of a Member State deprives him of the right to invoke immunity from jurisdiction in respect of any counterclaim directly related to the main claim.

IV. Privileges and immunities of Permanent Representatives, Permanent Missions, and their staff

Article 25

Member States may establish Permanent Missions to the Community (hereinafter referred to as Permanent Missions).

Article 26

In addition to the Permanent Representative (Permanent Representative), who performs the functions of the head of the Permanent Mission, the Permanent Mission may include employees, technical and service personnel.

Article 27

The premises of the Permanent Mission, including the private residence of the Permanent Representative, are inviolable.

The authorities of the receiving State may not enter these premises except with the consent of the Permanent Representative, except in cases of fire or other circumstances requiring urgent protective measures.

The premises of the Permanent Mission, as well as the means of transportation of the Permanent Mission, enjoy immunity from search, requisition, seizure and enforcement actions.

Article 28

The archives and documents of the Permanent Mission are inviolable at any time and regardless of the media and their location.

Article 29

The Permanent Mission has the right to place the flag and emblem of the sending State on its premises.

In exercising the right provided for in this article, the laws, regulations and customs of the receiving State shall be taken into account.

Article 30

The receiving State provides assistance to the sending State in obtaining or acquiring the premises necessary for the Permanent Mission.

Article 31

With regard to their official means of communication, Permanent Missions enjoy no less favorable conditions than those provided by the host State to diplomatic missions.

Article 32

The Permanent Mission is exempt from all direct taxes and fees, duties and other payments levied on the territory of the host State, with the exception of those that are payments for utilities and other types of services.

Article 33

1. The personality of the Permanent Representative and the staff member of the Permanent Mission is inviolable and enjoys immunity from the criminal jurisdiction of the receiving State. They also enjoy immunity from the civil and administrative jurisdiction of the receiving State, except in cases of presentation:

a) property claims related to private immovable property located on the territory of the receiving State, unless the person owns it on behalf of the sending State for the purposes of Permanent Representation;

Article 24

The refusal must be explicit.

If the sending Member State does not waive the immunity of its representative in respect of a civil action, it shall make every effort to resolve the case fairly.

The initiation of a case by a representative of a Member State deprives him of the right to invoke immunity from jurisdiction in respect of any counterclaim directly related to the main claim.

IV. Privileges and immunities of Permanent Representatives, Permanent Missions, and their staff

Article 25

Member States may establish Permanent Missions to the Community (hereinafter referred to as Permanent Missions).

Article 26

Article 27

The premises of the Permanent Mission, including the private residence of the Permanent Representative, are inviolable.

The premises of the Permanent Mission, as well as the means of transportation of the Permanent Mission, enjoy immunity from search, requisition, seizure and enforcement actions.

Article 28

The archives and documents of the Permanent Mission are inviolable at any time and regardless of the media and their location.

Article 29

The Permanent Mission has the right to place the flag and emblem of the sending State on its premises.

In exercising the right provided for in this article, the laws, regulations and customs of the receiving State shall be taken into account.

Article 30

The receiving State provides assistance to the sending State in obtaining or acquiring the premises necessary for the Permanent Mission.

Article 31

With regard to their official means of communication, Permanent Missions enjoy no less favorable conditions than those provided by the host State to diplomatic missions.

Article 32

Article 33

a) property claims related to private immovable property located on the territory of the receiving State, unless the person in question owns it on behalf of the sending State for the purposes of Permanent Representation;

b) claims related to inheritance, in respect of which this person acts as executor of the will, trustee of the inherited property, heir by law or heir by will, or beneficiary as a private person, and not on behalf of the sending state;

c) claims for damages in connection with a traffic accident caused by a vehicle owned or operated by the Permanent Mission or this person;

d) claims in connection with death or bodily injury caused by an action on the part of this person.

2. The immunity of the Permanent Representative and the staff of the Permanent Mission from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State.

Article 34

The Permanent Representative, the staff of the Permanent Mission and their family members are exempt from state duties in the receiving State if they are not citizens of the receiving State or do not reside there permanently.

Article 35

1. The receiving State, in accordance with laws and regulations that it may adopt, permits the Permanent Representative and staff of the Permanent Mission to import and exempt from customs duties, taxes and related charges, with the exception of charges for transportation, storage, customs clearance outside designated locations or outside the working hours of the relevant customs authority and the like. services:

a) items and other property intended for the official use of the Permanent Mission;

b) items and other property intended for the personal use of the Permanent Representative and the staff of the Permanent Mission.

2. Accompanied baggage and hand luggage of the Permanent Representative and staff of the Permanent Mission shall be exempt from customs inspection if there are no serious grounds to assume that they contain items and other property that are not subject to the exemptions specified in paragraph 1 of this Article, or items and other property, the import or export of which is prohibited by law or regulated by quarantine and other the rules of the host State. In such cases, the inspection is carried out only in the presence of the person to whom the exemption applies or his authorized representative.

3. This article does not apply to the Permanent Representative and the staff of the Permanent Mission if they are citizens of the receiving State or permanently reside there.

Article 36

The Permanent Representative and the staff of the Permanent Mission should not engage in commercial or any other activity in the host State in the interests of personal gain, with the exception of scientific, creative and teaching activities.

The Permanent Representative and the staff of the Permanent Mission are exempt from taxation of salaries and other remuneration paid to them by the sending State, as well as from fees and duties in the territory of the receiving State, with the exception of those that are payment for specific types of services (services), if they are not citizens of the receiving State or do not permanently reside there.

Article 37

The sending State notifies the Integration Committee and the receiving State:

a) the appointment of the Permanent Representative, the staff of the Permanent Mission, their positions and ranks, their arrival and final departure or termination of their functions, as well as any other changes affecting their status that may occur during their service in the Permanent Mission;

b) the arrival and final departure of any person who is a family member of the Permanent Representative or an employee of the Permanent Mission and lives with him, and, where appropriate, that this or that person becomes or ceases to be such a family member;

c) about the beginning and termination of work in the Permanent Mission of technical and maintenance personnel;

d) the location of premises enjoying inviolability in accordance with article 27 of this Convention, as well as any other data that may be necessary to identify such premises.

Article 38

1. Every person entitled to privileges and immunities in accordance with this section of the Convention shall enjoy them from the moment he enters the territory of the receiving State on his way to take up his post or, if that person is already in that territory, from the moment when his appointment is notified to the receiving State by the Community or the sending State.

If the functions of a person enjoying privileges and immunities come to an end, his privileges and immunities usually terminate at the moment when that person leaves the territory of the receiving State, or after a reasonable period of time has elapsed in order to do so. However, in respect of actions committed by such a person in the performance of his functions as an employee of the Permanent Mission, the immunity remains in effect.

2. In the event of the death of the Permanent Representative or an employee of the Permanent Mission, his family members continue to enjoy the privileges and immunities to which they are entitled until the expiration of a reasonable period for leaving the territory of the receiving State.

3. In the event of the death of the Permanent Representative, an employee of the Permanent Mission, or a member of his family living with him, the receiving State permits the export of the deceased's movable property, with the exception of all property acquired within the territory of the receiving State and the export of which was prohibited at the time of his death. Various types of inheritance taxes are not levied on movable property located in the receiving State solely by virtue of the deceased's residence in that State as a Permanent Representative, an employee of the Permanent Mission or a member of his family.

Article 39

The Permanent Representative and the staff of the Permanent Mission, as a rule, must be citizens of the sending State.

Article 40

Without prejudice to the privileges and immunities provided for in this Convention, the Permanent Representative and the staff of the Permanent Mission, as well as their family members, are obliged to respect the legislation of the receiving State.

They are also obliged not to interfere in the internal affairs of this State.

Article 41

The Permanent Representative and the staff of the Permanent Mission, as well as their family members, must fulfill their obligations in accordance with the legislation of the host State on liability insurance to third parties in respect of all vehicles they use or that belong to them.

The premises of the Permanent Mission and the living quarters occupied by the Permanent Representative, the staff of the Permanent Mission and their family members should not be used for purposes incompatible with the performance by the Permanent Representative, the staff of the Permanent Mission of their official functions.

Article 42

Family members of the Permanent Representative and staff of the Permanent Mission enjoy the same privileges and immunities as staff of the Permanent Mission, if they are not citizens of the host State or do not reside there permanently.

Article 43

The sending Member State may waive the immunity of the Permanent Representative and the staff of the Permanent Mission in cases where, in its opinion, the immunity impedes the administration of justice and the waiver of immunity does not prejudice the purposes for which it was granted.

The refusal must be explicit.

If the sending Member State does not waive the immunity of the Permanent Representative or an employee of the Permanent Mission in respect of a civil claim, it shall make every effort to resolve the case fairly.

The initiation of a case by the Permanent Representative or an employee of the Permanent Mission deprives him of the right to invoke immunity from jurisdiction in respect of any counterclaim directly related to the main claim.

Article 44

Article 45

The host State and the Community shall assist the Permanent Mission in the performance of its functions.

V. Labor relations and social security

Article 46

The labor relations of the Secretary General, officials and employees of the EurAsEC bodies are regulated by the Community.

The labor relations of the technical and service personnel of the EurAsEC bodies are regulated by the national legislation of the host State.

Article 47

The pension provision of the Secretary General, officials and employees of the EurAsEC bodies is carried out in accordance with the legislation of the States of which they are citizens. At the same time, pension contributions established by national legislation are made by the EurAsEC bodies from the Community budget to the relevant funds of the Community member States, whose citizens are the Secretary General, officials and employees.

The costs of paying pensions to the Secretary General, officials and employees of the EurAsEC bodies are borne by the State of which they are citizens.

Article 48

The appointment and payment of social insurance (security) benefits to the Secretary General, officials and employees of the EurAsEC bodies and their family members is carried out in accordance with the procedure established by the legislation of the EurAsEC member State in whose territory these persons work or their family members work (reside).

The costs of paying social insurance benefits are borne by the State in whose territory the Secretary General, officials or employees of the EurAsEC bodies work or their family members work (live), without mutual settlements. At the same time, contributions to social and medical insurance funds are made from the Community budget in accordance with the legislation of the host State.

Article 49

When assigning a pension or social insurance (security) benefit, the period of work as Secretary General, official or employee of the EurAsEC body is included in the insurance or work experience.

The earnings earned by these persons while working in the EurAsEC bodies are taken into account when determining the amount of pensions and social insurance benefits in accordance with the national legislation of the State of which these persons are citizens or in whose territory they permanently reside.

VI. Final provisions

Article 50

Disputes related to the application or interpretation of this Convention shall be resolved through consultations and negotiations between the Parties concerned.

Article 51

This Convention is subject to ratification. The instruments of ratification shall be deposited with the depositary, which is the Integration Committee.

This Convention shall enter into force on the date of deposit of the last instrument of ratification with the depositary.

Article 52

This Convention is open for accession by any State joining the EurAsEC in accordance with Article 9 of the Treaty. The instruments of accession to this Convention shall be deposited with the depositary.

For the acceding State, this Convention shall enter into force on the date of deposit of the instrument of accession with the depositary.

Article 53

Either Party may withdraw from this Convention by sending a written notification to the depositary.

This Convention shall terminate in respect of that Party upon the expiration of 6 months from the date of receipt by the depositary of such notification.

Article 54

This Convention may be amended and supplemented by separate protocols. Amendments and additions may be proposed by either Party by sending a corresponding notification to the depositary.

Protocols on amendments and additions are subject to ratification and enter into force after the deposit of the last instrument of ratification with the depositary.

This Convention is in force during the term of the Treaty establishing the Eurasian Economic Community, signed in Astana on October 10, 2000.

Done in Minsk on May 31, 2001, in one original copy in the Russian language.

The original copy of the Convention is kept in the Integration Committee, which will send a certified copy to each signatory State.

For the Republic of Belarus

For the Republic of Kazakhstan

For the Kyrgyz Republic

For the Russian Federation

For the Republic of Tajikistan

President

Republic of Kazakhstan

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