The additional protocol according to privileges and immunities of the Organization of the Black Sea Economic Cooperation
of April 30, 1999
States founders of the Black Sea Economic Cooperation Republic Albania, Republic of Armenia, Azerbaijan Republic, Republic of Bulgaria, Georgia, Hellenic Republic, Republic of Moldova, Romania, Russian Federation, Republic of Turkey and Ukraine;
Considering that the 1st Article of Articles of organization of the Black Sea Economic Cooperation provides creation of the Organization of the Black Sea Economic Cooperation by the states founders;
Considering that the 28th Article of Articles of organization of the Black Sea Economic Cooperation provides that the states should sign the Additional Protocol according to Privileges and Immunities of the Organization of the Black Sea Economic Cooperation;
Considering that the 28th Article of Articles of organization of the Black Sea Economic Cooperation provides that ChES, her officials and representatives of state members shall use the privileges and immunities within the territories of state members determined in "The convention on privileges and immunities of the United Nations" accepted by the United Nations General Assembly on February 13, 1946 which are necessary for independent execution of the functions by them according to the principles and the purposes of ChES;
Agreed as follows:
For the purposes of the this Protocol:
a) "Charter" means the Articles of organization of the Black Sea Economic Cooperation accepted in Yalta on June 5, 1998.
b) "ChES" is meant by the Organization of the Black Sea Economic Cooperation.
c) "State members" mean the states which are the parties of the Charter and this Protocol.
d) "Council" means Council of Foreign Ministers of state members of ChES.
e) "Representatives of state members" mean all delegates, alternative delegates, advisers, technical experts and secretaries of national delegations participating in work of ChES and its bodies.
e) "PMS" means the Permanent International Secretariat of ChES.
g) "Secretary general" means the Secretary general of PMS.
h) "The personnel of PMS" mean the Managing personnel, Professional personnel and Support personnel of PMS.
i) "The property of ChES" means all property, including the funds and other types of property belonging and being in property of ChES and/or under its observation according to the official obligations represented to ChES.
j) "Rooms" mean buildings or parts of buildings, including the subsidiary lands used only for the purposes of ChES, irrespective of pattern of ownership.
k) "Archives" mean the records, correspondence, documents, business accounts and all financial records, manuscripts, immovable and movable pictures and movies, sound recordings, computer programs, written materials, videos or disks, disks or records containing data which belong or are stored in case of ChES.
For the purpose of execution of this Protocol the Secretary general acts with the permission of the Acting Chairman and/or with the consent of Council.
The secretary general shall cooperate with the competent authorities of state members for the purpose of simplification of necessary administration of law, ensuring compliance with law and order and prevention of all chances connected with abuse of the privileges, immunities, releases and privileges specified in the this Protocol all the time.
ChES, its property and assets, where and in whose the order they were, use immunity from any form of judicial intervention, except separate cases when Council the decision establishes refusal of this immunity. However it is supposed that no refusal of immunity extends to measures of execution or delay of property.
Rooms of ChES are inviolable. Its property and assets where and in whose the order they were, are not subject to search, requisition, confiscation, expropriation or any other form of intervention as by executive, administrative and judicial actions, and by legislative actions.
The ChES archives and in general all documents belonging to it or stored by it are inviolable where they were.
The flag and emblem of ChES are established on its rooms and vehicles in case of their use in official cases. Flags of state members are set on rooms of ChES.
Being not limited to financial control, rules or the moratorium of any sort:
a) ChES can have funds, gold or currency of any sort and to make transactions over bank accounts in any currency in pursuance of the purposes;
b) ChES can freely transfer the funds from one country to another or within any country and turn any currency which is at its disposal into any other currency.
ChES, its assets, income and other property are exempted:
a) from all direct taxes; however it is supposed that ChES will not require release from the rates, taxes and fees which are actually only payment of public service;
b) from all customs fees and additional financial liabilities, prohibitions and restrictions when importing or exporting objects of import or export for office use of ChES, except for payments for storage, customs clearance of goods in the places which are not provided for these purposes and over the established working hours of the customs authorities. It is supposed that the objects imported according to these withdrawals will not be on sale in the country into which they are imported, differently as on the conditions developed with the government of this country;
c) from all customs fees and prohibitions and restrictions when importing or exporting own editions, except for payments for storage, customs clearance of goods in the places which are not provided for these purposes and over the established working hours of the customs authorities.
Though ChES as the general rule, will not require release from the excise duties and taxes included in purchase price in case of sale of personal and real estate, nevertheless, in cases when ChES performs the important purchases for office use which are laid over or subject to taxation by such taxes and duties, state members will accept when it is possible, the adequate administrative measures to duty relief or taxes or to return of already paid amount.
For the official relations ChES uses in the territory of each state member at least favorable conditions, than those which this state represents to diplomatic representations of any other state.
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