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Art.8 |
Article 8 |
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Art.8.1 |
1. The requesting State shall afford to personnel of the assisting party and personnel acting on its behalf the necessary privileges, immunities and facilities for the performance of their assistance functions. |
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Art.8.2 |
2. The requesting State shall afford the following privileges and immunities to personnel of the assisting party or personnel acting on its behalf who have been duly notified to and accepted by the requesting State: |
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Art.8.2.a |
a. immunity from arrest, detention and legal process, including criminal, civil and administrative jurisdiction, of the requesting State, in respect of acts or omissions in the performance of their duties; and |
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Art.8.2.b |
b. exemption from taxation, duties or other charges, except those which are normally incorporated in the price of goods or paid for services rendered, in respect of the performance of their assistance functions. |
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Art.8.3 |
3. The requesting State shall: |
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Art.8.3.a |
a. afford the assisting party exemption from taxation, duties or other charges on the equipment and property brought into the territory of the requesting State by the assisting party for the purpose of the assistance; and |
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Art.8.3.b |
b. provide immunity from seizure, attachment or requisition of such equipment and property. |
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Art.8.4 |
4. The requesting State shall ensure the return of such equipment and property. If requested by the assisting party, the requesting State shall arrange, to the extent it is able to do so, for the necessary decontamination of recoverable equipment involved in the assistance before its return. |
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Art.8.5 |
5. The requesting State shall facilitate the entry into, stay in and departure from its national territory of personnel notified pursuant to paragraph 2 and of equipment and property involved in the assistance. |
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Art.8.6 |
6. Nothing in this article shall require the requesting State to provide its nationals or permanent residents with the privileges and immunities provided for in the foregoing paragraphs. |
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Art.8.7 |
7. Without prejudice to the privileges and immunities, all beneficiaries enjoying such privileges and immunities under this article have a duty to respect the laws and regulations of the requesting State. They shall also have the duty not to interfere in the domestic affairs of the requesting State. |
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Art.8.8 |
8. Nothing in this article shall prejudice rights and obligations with respect to privileges and immunities afforded pursuant to other international agreements or the rules of customary international law. |
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Art.8.9 |
9. When signing, ratifying, accepting, approving or acceding to this Convention, a State may declare that it does not consider itself bound in whole or in part by paragraphs 2 and 3. |
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Art.8.10x |
A State Party which has made a declaration in accordance with paragraph 9 may at any time withdraw it by notification to the depositary. |
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Art.10 |
Article 10 |
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Art.10.1 |
1. The States Parties shall closely cooperate in order to facilitate the settlement of legal proceedings and claims under this article. |
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Art.10.2 |
2. Unless otherwise agreed, a requesting State shall in respect of death or of injury to persons, damage to or loss of property, or damage to the environment caused within its territory or other area under its jurisdiction or control in the course of providing the assistance requested: |
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Art.10.2.a |
a. not bring any legal proceedings against the assisting party or persons or other legal entities acting on its behalf; |
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Art.10.2.b |
b. assume responsibility for dealing with legal proceedings and claims brought by third parties against the assisting party or against persons or other legal entities acting on its behalf; |
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Art.10.2.c |
c. hold the assisting party or persons or other legal entities acting on its behalf harmless in respect of legal proceedings and claims referred to in sub-paragraph (b); and |
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Art.10.2.d |
d. compensate the assisting party or persons or other legal entities acting on its behalf for: |
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Art.10.2.d.i |
i. death of or injury to personnel of the assisting party or persons acting on its behalf; |
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Art.10.2.d.ii |
ii. loss of or damage to non-consumable equipment or materials related to the assistance; |
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Art.10.2 |
except in cases of wilful misconduct by the individuals who caused the death, injury, loss or damage. |
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Art.10.3 |
3. This article shall not prevent compensation or indemnity available under any applicable international agreement or national law of any State. |
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Art.10.4 |
4. Nothing in this article shall require the requesting State to apply paragraph 2 in whole or in part to its nationals or permanent residents. |
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Art.10.5 |
5. When signing, ratifying, accepting, approving or acceding to this Convention, a State may declare: |
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Art.10.5.a |
a. that it does not consider itself bound in whole or in part by paragraph 2; |
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Art.10.5.b |
b. that it will not apply paragraph 2 in whole or in part in cases of gross negligence by the individuals who caused the death, injury, loss or damage. |
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Art.10.6 |
6. A State Party which has made a declaration in accordance with paragraph 5 may at any time withdraw it by notification to the depositary. |
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Art.13 |
Article 13 |
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Art.13.1 |
1. In the event of a dispute between States Parties, or between a State Party and the Agency, concerning the interpretation or application of this Convention, the parties to the dispute shall consult with a view to the settlement of the dispute by negotiation or by any other peaceful means of settling disputes acceptable to them. |
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Art.13.2 |
2. If a dispute of this character between States Parties cannot be settled within one year from the request for consultation pursuant to paragraph 1, it shall, at the request of any party to such dispute, be submitted to arbitration or referred to the International Court of Justice for decision. Where a dispute is submitted to arbitration, if, within six months from the date of the request, the parties to the dispute are unable to agree on the organization of the arbitration, a party may request the President of The International Court of Justice or the Secretary-General of the United Nations to appoint one or more arbitrators. In cases of conflicting requests by the parties to the dispute, the request to the Secretary-General of the United Nations shall have priority. |
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Art.13.3 |
3. When signing, ratifying, accepting, approving or acceding to this Convention, a State may declare that it does not consider itself bound by either or both of the dispute settlement procedures provided for in paragraph 2. The other States Parties shall not be bound by a dispute settlement procedure provided for in paragraph 2 with respect to a State Party for which such a declaration is in force. |
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Art.13.4 |
4. A State Party which has made a declaration in accordance with paragraph 3 may at any time withdraw it by notification to the depositary. |
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Art.15 |
Article 15 |
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Art.15.1x |
A State may, upon signature or at any later date before this Convention enters into force for it, declare that it will apply this Convention provisionally. |
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Art.17 |
Article 17 |
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Art.17.1 |
1. A State Party may denounce this Convention by written notification to the depositary. |
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Art.17.2 |
2. Denunciation shall take effect one year following the date on which the notification is received by the depositary. |
