Privileges and Immunities of the United Nations

Who adopted this document and its mandates?

A Resolution of the General Assembly, published in 1946.

What other versions does this mandate have?

3 versions · 1946–1950

This is an older version — the most recent is A/RES/370(IV)

Year	Symbol	Title	Word length	Text similarity
1950	A/RES/370(IV)	Privileges and immunities of the United Nations	26	2%Compare
1948	A/RES/259(III)	Privileges and immunities of the United Nations	477	2%Compare
1946	A/RES/22(I)	Privileges and immunities of the United Nations	7,057	–

Who cites this mandate in the budget?

1 entity

Entity	(Sub-)Programme	Title	Total mandates cited	Expenditure
	Programme 6	Legal affairs	98

Historical expenditure covers the complete programme or subprogramme, not this mandate. For an overview of all UN entities and programmes, see UN entities and programmes.

Who cites this mandate in the budget?

1 entity

Entity	(Sub-)Programme	Title	Total mandates cited	Expenditure
	Programme 6	Legal affairs	98	—

Historical expenditure covers the complete programme or subprogramme, not this mandate. For an overview of all UN entities and programmes, see UN entities and programmes.

What subjects does this mandate have?

11 subjects

Accident Insurance Diplomatic Privileges and Immunities Establishment Members Negotiation Pension Rights Specialized Agencies Terms of Reference Traffic Accidents Treaties (Text)United States

What’s in this document?

8 operative paragraphs

taking up their post in the country in question.

Section 19.

In addition to the immunities and privileges specified in section 18, the Secretary- General and ali Assistant Secretaries-General shall be accorded in respect of themselves, their spouses and Ininor children, the privileges and immunities, exemptions and facilitie_s a~corded_ to diplomatic envoys, in accordance w1th mternahonal law.

Section 20.

Privileges and immunities are granted to officials in the interests of the Uni~ Nations and not for the personal benefit of the mdividuals themselves. The Secretary-General shall have the right and the duty to ~ai"'.e ~~nity of any official in any case where, m bis opiru~>n, the immunity would impede the course of Jushce and can be waived without prejudice to the interests of the United Nations. In the case of the Secretary- General, the Security Council shall have the right to waive immunity.

Section 21. The United Nations shall co-operate at ali times with the appropriate authorities of Members to facilitate the proper administration of justice secure the observance of police regulations, and p:.CVent the occurrence of any abuse in connection with the privileges, immunities and facilities mentioned in this article.

Experls on Missions for the United Nations Section 22.

Experts ( other than officials coming within the scope of article V) performing mis-

sions for the United Nations shall be accorded such privile~ and immunities as are necessary for the independent exercise of their functions during the period of their missions, including the time spent on journeys in connection with their missions. In particular they shall be accorded:

(a) immunity from personal arrest or detention and from seizure of their personal baggage;

( b) in respect of words spoken or written and acts done by them in the COW'Se of the performance of their mission, iromunity from legal proces!I of every kind. This immunity from legal process shall continue to be accorded notwithstanding that the persons concemed are no longer employed on missions for the United Nations;

(e) inviolability for ali papers and documents;

( d) for the purpose of their communications with the United Nations, the right to use codes and to receive papers or correspondence by courier or in sealed bags;

(e) the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign govemments on temporary official missions;

(f) the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic cnvoys.

Section 23.

Privileges and immumltes are granted to experts in the interests of the United Nations and not for the personal benefit of the individuals themselves. The Secretary-General shall have the right and the duty to waive the immunity of any expert in any case where, in his opinion, the immunity would impede the coW"Se of justice and it can be waived without prejudice to the interests of the United Nations.

United Nations Laissez-Passer Section 24.

The United Nations may issue United Nations laissez-passer to its officials. These lais~ez-passer shall be recognized and accepted as vahd travel documents, by the authorities of Mcmbers, taking into account the provisions of section 25.

Section 25.

Applications for visas (where required) from the holders of United Nations laissezpasser, when accompanied by a certificate that they are travelling on the business of the United Nations, shall be dealt with as speedily as possible. In addition, such persons shall be granted facilities for speedy travel.

Section 26.

Similar facilities to those specified in section 25 shall be accorded to experts and other persons who, though not the holders of United Nations laissez-passer, have a certificate that they are travelling on the business of the United Nations.

Section 27. The Secretary-General, Assistant Secretaries-General and Directors travelling on United Nations laissez-passer on the business of the United Nations shall be granted the same facilities as are accorded to diplomatic envoys.

Section 28.

Toe provisions of this article may be applied to the comparable officials of specialized agencies if the agreements for relationship made under Article 63 of the Charter so provide.

Settlement of Disputes The United Nations shall make provisions for appropriate modes of settlement of:

(a) disputes arising out of contracts or other dÍ9putes of a prívate law character, to which the United Nations is a party;

( b) disputes involving any official of the United Nations who by reason of his official position enjoys immunity, if immunity has not been waived by the Secretary-General.

Section 30.

Ali differences arising out of the interpretation or application of the present convention shall be referred to the lntemational Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involvro in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties.

Section 31.

This convention is submitted to every Member of the United Nations for accession.

Section 32.

Accession shall be effected by deposit of an instrument with the Secretary-General of the United Nations and the convention shall come into force as regards each Member on the date of deposit of each instrument of accession.

Section 33. The Secretary-General shall infonn ali Members of the United Nations of the deposit of each accession.

Section 34. It is understood that, when an .instrument of accession is deposited on behalf of any Member, the Member will be in a position under its own law to give effect to the terms of this convention.

Section 35.

This convention shall continue in force as between the United Nations and every Member which has deposited an instrument of accession for so long as that Member remains a Member of the United Nations, or until a revised general convention has been approved by the General Assembly and that Member has become a party to this revised convention.

Section 36.

Toe Secrctary-General may conelude with any Member or Members supplementary agreements adjusting the provisions of this convention so far as that Member or those Members are concemed. These supplementary agreements shall in each case be subject to the approval of the General Asscmbly.

B.

l. The General Assembly authorizes the Secretary-General (with the assistance of a committee

'l:t

composed ot persons appointed by the governments of Australla.-Belgium, Bolivia, China, Cuba, Egypt, France, Poland, United Kingdom, Union of Soviet Socialist Republics) to negotiate with the competent authorities of the United States of America the arrangemt>-0ts required as a result of the establishment of the seat of the United Nations in the United States of America.

The following draft convention is transmitted by the General Assembly to the Secretary-General for use in these negotiations as a basis of discussion.

The Secretary-General shall report to the General Assembly the results of these negotiations.

Any agreement apart from purely temporary agreements with the competent authorities of the United States resulting from these negotiations shall be subject to approval by the General Assembly before being signed on behalf of the United Nations.

Thirty-first plenary meeting, 13 February 1946.

CoNVENTION BETWEEN THE UNITED NATIONS ANO THE GoVERNMENT OF THE UNITED STATES OF

(This draft has been prepared on the assumption that there will be no prívate persons living within the zone containing the seat of the United Nations.)

THE UNITED NATIONS AND THE GovERNMENT OF THE UNITED STATES OF AMERICA:

Desiring to conclude a convention for the purpose of carrying out the resolution adopted by the General Assembly .................................. , to establish the seat of the United Nations in ............................. . and to regulate questions arising as a result thereof:

Have appointed as their plenipotentiaries for this purpose:

The United Nations ............................... .

Secretary-General The Govemment of the ...................... .

United States of America who have agreed as follows:

ARTICLE I Definitions Section l. In this convention:

the expression "zone" meaos the area reftrred to in section 2, including any additions to it;

( b) the expression "la w of the U ni ted Sta tes of America" includes federal, state, and local laws, however designated;

the expression "Govemment of the United States of America" includes a State or a competent state authority wherever the context so requires;

the expression "courts of the United States of America" includes federal and state courts;

the expression "U nited N ations" means the Intemational Organization established by the Charter of the United Nations.

ARTICLE II The United Nations Zone Section 2.

The seat of the United Nations shall be the area situated .............................. and marked pink on•the map which forms annex I. Additions may be made later to this area in accordance with the provisions of section 8.

The Govemment of the United States of America undertakes, on the entry into force of this convention, to cause to be vested in the United Nations possession immediately and full ownership as soon as possible of ali land in the zone as shown in annex I and of ali buildings situated thereon at the time of transfer.

Section 4.

The Government of the United States of America shall be responsible for expropriating and compensating so far as nccessary and as soon as possible ali interests in land and buildings conveyed to the United Nations.

Section 5.

Having regard to section 4, the United Nations shall pay to the United States of America a fair price for any land and buildings conveyed to the United Nations. The amount so payable shall be credited to the United States of America. in the accounts of the United Nations and shall be set off, during such period as may be fixed, against contributions due from the United States of America. In default of agreement, this price and this period shall be determined by an expert selected by the President of the lnternational Court of Justice.

Section 6.

The United Nations shall have exclusive rights over the subsoil of land conveyed to it, and in particular the right to make constructions underground and to obtain therefrom supplies of water. It shall not, however, have the right to exploit minerals.

Section 7.

The United Nations may establish in the zone any type of installation which it deems necessary for the purpos!" of its work, and in particular may establish its own radio telegraph sending and receiving stations, including broadcasting, teletype, and telephoto services. The United Nations shall make arrangements with the Intemational Telecommunications Union with regard to wawlengths and other similar matters.

Section 8.

The Government of the United States of America shall, at the request of the Secretary-General acting in pursuance of a resolution of the General Assembly, cause to be vested in the United Nations possession immediately and full ownership as soon as possible ovcr such further land as may be required for the purpos<' of constructing an airport, railway station, or radio telegraphic station or for such other purposes as may be required by the United Nations. The provisions of sections 4, 5 and 6 shall apply to land so conveyed.

S(lction 9.

In the event of the land conveyed in accordance with section 8 not being contiguous to the remainder of the zone, the Govemment of the United States of America shall guarantee unimpeded communication and transit bt-tween parts of ~e zone.

ARTICLE III Law and Authority in the Zone Section 10.

The zone, including the air space above it and the subsoil below it, shall be inviolable.

Section 11.

Save as otherwise provided in this convention, the zone shall be under the control and authority of the United Nations.

Section 12.

Without prejudice to the generality of section 11, the Government of the United States of America renounces jurisdiction over any matters relating to entry into the rone and to the

conditions under which persons may remain or reside there, and over any matters relating to the construction or removal of buildings in the zone.

Officers or officials of any authority in the territory of the United States of America, whether administrative, judicial, military, or police, shall not enter the zone to perform any official duties therein except with the permission of and under conditions agreed by the Secretary- General. The service of legal process, including the seizure of private property, shall take place within the zone under conditions approved by the Secretary-GeneraJ.

Section 14.

Withóut prejudice to the provisions which are contained in annex II and subsequently in the General Convention referred to in section 32, and which relate to the immunities of officials of the United Nations and of the representatives of Members, the United Nations shaJI not permit the zone to become a rcfuge either for persons who are avoiding arrest under the law of the United States of America or are required by the Govemment of the United States of America for cxtradition to another country, t>r for persons who art:> endeavouring to avoid service of legal proccss.

Section 15.

Subject to scction 16, the law of the United States of America shall apply within the zone, and in particular thc ordinary civil and criminal law.

Section 16.

The United Nations may enact regulations making provisions of an administrative character for the zone. Any such regulation shall prevail over any provi.,ions m the law of the United Statcs of America which are inconsistent with it. It is agreed that within the zone the protection afforded by the Constitution of the United States to personal liberty and to the basic human freedoms of expression and worship shall not be lcssencd, ;.md no form of racial discrimination shall be permitted.

Section 17.

The courts of the United States of America shall, without p:rejudice to any provisions of annex II and subsequently of thc General Conven ti,,n rdnred to in scction 32, have jurisdiction ovr-r act., done and t.ransactions taking place in the zone, in the ,ame mannrr as they have over similar acts and transactions taking place outside the zone.

Sectwn 18.

The courts of the United States of America, when dealing with cases arising out of or relating to acts done or transactions taking place in the zone, shall take cognizance of the regulations enacted by the United Nations under section 16, though they shall not be obliged to inflict penalties for infraction of such rcgulations unless the Gov~ ernrnent of the United States of America has agreed to these regulations before the infraction wa.s committcd.

Communications and Transit to and from the Zone Section 19.

The Govemmcnt of the United States of America shaJI guarantee at ali times adequate means of communication to and from the zone through the territory of the United States of America, for the passage of persons, the transmission of postal correspondence and telegrams, and the transport of goods required for use and consumption in the zone.

SPction 20.

Representatives of Members, irrespective of the relations existing between their Govemment and the Govemment of the United States of America, officials both of the United Nations and of the specialized agencies, and the farnilies of these representatives and officials, shall at ali times enjoy the right of unimpeded and safe transit through the territory of the United States of America to and from the zone.

Section 21.

The accredited representatives of news agencies, whether press, radio, or films, and of non-govemmental organizations recognized by the United Nations for the purpose of consultation, shall also enjoy the rights referred to in section 20.

Section 22.

Immigration and other regulations in force in the United States of America, regarding the entry and residence of' foreigners, shall not be applied in such a manner • as to interfere with the rights referred to in sections 20 and 21. Visas required by the persons referred to in those sections shall be granted without charge, without delay and without requirement of personal attendance for the issue of the visa.

Section 23.

The Govemment of the United States of America shall give or cause to be given facilities for the issue of visas to, and for the use of the available means of transport by, persons corning from abroad ( other than those referred to in sections 20 and 21) who desire to visit the zone. The Secretary-Gcneral of the United Nations and th1· Govemment of the United St.ates of Ameríca shall, at the request of either of them, enter into discussion with regard to the application of this section

Section 24.

The prov1S1011S of this article shall not prcvcnt the Govemment of the United States of America from taking precautions in the interests of national security, provided that such precautions shall not have the effect of interfering with the rights rderred to in sections 19, 20 and 21.

Resident Representatives to the United Nations Sectwn 25.

Persons accredited to the United Nations by Members as resident representatives and their staffs, whether residing inside or outside the zone, shall be recognized by the Governrnent of the United States of America as entitled on its territory to the same privileges and immunities as that Govemment accords to the diplomatic envoys accredited to it, and the staffs of these envoys.

Police Prntection of the Zone Section 26.

The Govemment of the United States of America shall cause to be provided on the boundaries of the zone such police protection for the zone as is required, and shaJl be responsible for ensuring that the tranquillity of the zone is not disturbed by the unauthorized entry of bodies of persons from outside or by disturbances in its immediate vicinity.

Section 27.

If so requested by the Secretary- General, the Governrnent of the United States of America shall cause to be provided a sufficient number of police to perfonn duties inside the zone for the preservation of law and order therein, and for the removal of persons who have committed

or are suspected of having committed or of being about to commit offences, including infractions to the administrative regulations of the United Nations.

Public Seruices f or and the Amenities of the Zone Section 28.

The Govemment of the United States of America will exercise all the powers which it possesses to ensure that the zone shall be supplied on equitable terms with the necessary public services (including electricity, water, gas, post, telephone, telegraph, drainage, collection of refuse) and that these services shall not be interrupted. In case of any interruption or_ threatened interruption of any of these services, the Govemment of the United States of America will consider the needs of the zone as being of equal importance with the essential services of the United States Govemment itself. Consequently, in that event it will take all those steps which it would take in case of interruption or threatened interruption of these services to the essential Departments of thc United States Government to ensure that the work of the United Nations is not prejudiced.

The Govemment of thc United Section 29. States of America shall be responsible for ensuring that the amenities of the zone are not prejudiced and the purposes for which the zone is required are not obstructed by any use made of the land in its vicinity.

Matters Relating to the Operation of this Convention Section 30.

The Secretary-General and the Govemment of the United States of America shall settle by agreement thc channel or channels through which shall be conducted correspondence relating to the application of the provisions of this convention and to other questions affecting the zone. If the Secretary-General so requests, the Government of the United States of America shall appoint a special representative for the purpose of liaison with the Secretary-General.

Section 31.

In so far as the fulfilment of this convention rcquires co-operation and action by any state or other non-federal authority of the United States of America, the Govemment of the United States will conclude with that state or autf10rity such agrecments as are necessary for this purpose. The conclusion of these agreements, together with the enactment of any necessary legislation by the United States and by the state, shall be completed befare the notice is given which is required under section 35 to be given by the Govemment of the United States of America before tl1is convention enters into force.

Relation between this C01wention and the General Convention Section 32.

Until the Govemment of the United States of America becomes a party to the general convention relating to the privileges and immunities of the United Nations, the provisions of annex II shall apply betwern the Unitcd Nations and the Govemment of the United States of America. Thcreafter, those provisions shall be replaced by the provisions of the General Convention, which shall continue in force so long as the present convention remains in operation.

Section 33. The provisions of this convention shall be complementary to the provisions of the genernl convention and, until the Govemment of the United States of America becomes a party to the general convention, to the provisions of annex II.

Section 34.

In so far as any provision of this convention and any provision of the general conven tion ( or of annex II as the case ma y be) relate to the same subject matter, thc two provisions shall, wherever possible, be treated as complementary, so that both provisions shall be applicable and neither shall narrow the effect of the other; but in any case of absolute conflict, the provisions of this convention shall prevail.

Final Provisions This convention, having already Section 35. been approved by a resolution '.of the General Asscmbly, shall enter into force ás soon as the Government of thc United States of America notifies the Secretary-GC'neral that it has ali the powers necessary to fulfil the provisions of the convcntion. Thc Govemment of the United States of America ,hall take every possible step to enablc it to give this notification as soon as possiblc, and in any case not la ter than ........................... .

Section 36.

This conwntion shall remain in force so long a, the seat of the Ut-.íted Nations is maintaincd in thc territory of the United States of Anwrica.

Sl'Cúon 37.

The seat of the United Nations shall only be removed from the territory of the United States of -America if the United Nations should so decide.

Section 38.

If the seat of the United Nations i, removed from the territory of the United States of America, the Govemmcnt of the United States of America shall pay to the United Nations an equitable sum for the land in the zone and for al! buildings and installations thereon. An expert nomina tcd bv tl1c Prcsident of the lntt'mational Court of Justicc shall decide, in default of agree'llent bctween the parties, what sum is equitable, having n·gard to

the then value to the United States of America of the land, buildings and installations;

,md (/1) the cost incur:-ed by the Unitcd Nations m acquiring thc land and in erecting the buildings and installations.

Section 39.

Any difference between the United Nations and the Government of the Unitcd States of America conccming the interpretation or applic;ttion of this convention or of any supplemcntary agrecment or agrerment which is not settled by negotiation shall be refcrred to the arbitration of an umpire appointed for the purpose by the President of tlw International Court of Justice.

Scction 40.

Either party may ask the General Assc1,1blv to requesl of thc lnll'n1ational Court of Ju.,tic,· ;111 advisory opinion on any legal quC'stion arising in the course of the proceedings refrrred to in section 39. Pending the receipt of the opinion of the Court, an interim dccision of the umpire shall be observed by both partics. TherC'after the umpire shall render a final decision, having- regard to the opinion of the Court.

MAP (Not reproduced here)

Juridical Personality Section 1.

The United Nations shall posscss juridical personality. It shall have the capacity:

to contract;

( b) to acquire and dispose of immovable and movable property;

to institute legal proceedings.

Property, Funds and Assets Section 2.

The United Nations, its property and assets wherever Jocated and by whomsoever held, shall enjoy immunity from every form of legal process except in so far as, in any particular case, it has expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution.

Section 3.

The premises of the United Nations shall be inviolable. The property and assets of the Unitcd Nations, whercver Jocated and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation, and any other form of interferencc, whether by exccutive, administrative, judicial or Jegislative action.

Section 4.

Thc archives of the United Nations, and in general ali documents belonging to it or heldiJy-ir, shall be inviolable wherever located.

Section 5.

Without being restricted by financia! controls, regulations of moratoria of any kind,

the United Nations may hold funds, gold or currency of any kind and operate accounts in any currency;

( b) the Uruted Nations shall be free to transfer its funds, gold or currency between the United States of America and any other State, and from one place to another within the United States of America, and to convert any currency held by it into any other currency.

S ection 6.

In exercisin¡¡- its rights under scction 5 above, the United Nations shall pay due regard to any representations made by the Govemment of the United States, in so far as it is considered that cffect can be given to such representations without detriment to the interests of the United Nations.

Section 7.

The Unitcd Nations, its assets, income and other property shall be :

excmpt from ali direct taxes; it is understood,

however, that the United Nations will not claim exemption from taxes which are, in fact, no more than charges for public utility services;

( b) exempt from customs dutics and prorubitions and restrictions on im ports and exports in respect of articles imported or exported by the United Nations for its official use. lt is understood, howevcr, that articles imported under such exemption will not be sold in the United States of America exccpt under conditions agreed with the Govemment of the United States of America;

exempt from customs duties and prorubitions and restrictions on imports and exports in rcspect of i ts publica tions.

Section 8.

Wrule tl,e United Nations will not, as a general rule, claim exemption from excise duties and from taxcs on the sale of movablc and immovable property which form part of the price to be paid, nevertheless, when the United Nations is making importan! purchases for official use of property on which su,h <iuties and laxes have been charged or are chargeable, the Government of the United States of America will, whenever possible, make appropriate administrative arrangements for the remission or retum of the amount of duty or tax.

Facilities in respect of Communicalions Section 9. The United Nations shall enjoy in the territory of the United States of America for its official communications trcatment not less favourable than that accorded by the Govemment of the United States of America to any other govemment, including its diplomatic mission, in the matter of prioritics, rates and taxes on mails, cables, telegrams, radiograms, telephotos, telephone and other communications; and press rates for information to the press and radio. No censorship shall be applied to the official correspondence and other official communications of the United Nations.

Section 10.

The United Nations shall ha"'e the right to use codcs and to dcspatch and receive its correspondence by courier or in bags, wruch shall have the same immunities and privilegcs as diplomatic couriers and bags.

The Representatiues o/ Members S ection 11.

Representatives of Members to the principal and subsidiary organs of the United Nations and to conferences convened by the United Nations, shall, wrule exercising their functions and during their journey to and from the place of meeting, be accordcd by the Govemment of the United States of America the following privileges and immunities:

immunity from personal arres! or detention and from seizure of their personal baggage, and, in respect of words spoken or written and ali acts done by them in their capacity as representativcs, immunity from legal process of every kind;

( b) inviolability for ali papers and documents;

the right to use codes and to receive papcrs or correspondence by courier or in sealed bags;

exemption in respect of themselvcs and their spouses from immigration restrictions, aliens registration or national service obligations in the State they are visiting or through which they are passing in the exercise of their functions;

the same facilities in respect of currcncy or exchange restrictions as are accorded to representatives of foreign governments on temporary official nfüsions to the Government of the United States;

(·!) the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys, and also;

such other privileges, immunities and facilities, not inconsistent with the foregoing, as diplomatic envoys enjoy, except that they shall have no right to claim exemption from customs duties on goods imported ( otherwise than as part of their personal baggage) or from excise duties or sales taxes.

Section 12.

In order to secure for the representatives of Members to the principal and subsidíaty organs of the United Nations and to conferences convened by the Unitcd Nations, complete frcedom of speech and indcpendence in thc dischargc of their dutics, the immunity from legal process in respect of words spoken or written and ali acts done by them in discharging thcir duties shall continuc to be accordcd, notwithstanding that the persons concerncd are no longer the representatives of Members.

Section 13.

Where thc incidence of any form of taxation depends upon residence, periods during which the representatives of Members to the principal and subsidiary organs of the United Nations and to confcrences convened by thc United Nations are present in the United States of Amcrica for the discharge of their duties shall not be tonsidered as periods of residcnce.

Section 14.

Privilcges and immunities are accorded to the represcntatives of Members not for thc personal benefit of thc individuals themselves, but in order to safeguard the independent exercise of their functions in

connection with the United Nations. Consequently a Member not only has the right but is under a duty to waive the immunity of its represcntative in any case where the immunity would impede the course of justice, and it can be waived without prejudice to the purpose for which the immunity is accorded.

Section 15.

The provisions of sections 11, 12 and 13 may not be invoked against the authorities of the United States of America:

by a national of the United States of America;

( b) by a representative of the U nited States of America;

by a represeutative of anothcr Mcmber, whc11 that Member has waived the immunity in question.

S ection 16.

In this article the expression "representatives" shall be deemed to include ali delegates, deputy delegates, advisers, tcchnical experts and secrctaries of delegations

Officials The Secretary-General will specify the Section 17. cat!"gories of officials te which the provisions of this article and article VII shall apply. He shall submit these catcgories to the General Assembly. Thereafter these categories shall be communicated to the govemments of ali Members. The names of the officials included in these categorics shall from time to time be made known to the Govemment of the United States of America.

Scction 18.

Officials of the United Nations shall:

be immune frorn legal process in respect of words spoken or written and al! acts performed by them in their official capacity;

be exempt from ta.xation on the salaries and emoluments paid to thern by the United Nations;

be immune frorn national service obligations;

be immune, together with their spouses and relatives dependen! on them, from irnmigration restrictions and alíen registration;

be accorded the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions to the Govemrnent of the United States of America;

be given, together with their spouses and relative~ depe.ndent on them, the same repatriation facilities in time of intemational crisis as diplomatic envoys;

have the right to import free of duty their fumiture and effects at the time of first taking up their post in the country in question.

Secti.on 19.

In addition to the immunities and privileges specified in section 18, the Secretary-General and ali Assistant Secretaries-General shall be accorded in respect of themselves, their spouses and minor children, the privileges and immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with international law.

Section 20.

Privileges and immunities are granted to officials in the interests of the United Nations and not for the personal benefit of the individuals themselves. The Secretary-General shall have the right and the duty to waive the immunity of any official in any case where, in his opinion, the immunity would impcde the course of justice and can be waived without prejudice to the interests of the United Nations. In the case of the Secretary-General the Securi ty Council shall have the right to waive immunity.

Section 21.

The United Nations shall co-operate at ali times with the appropriate authorities of the United States of America to facilitate the proper administration of justice, secure the observance of police regulations, and preven! the occurrence of any abuse in connection with the privileges, immunities and facilities mentioned in this article.

Experts on Missions for the United Nat,ons Experts ( other than officials coming wi thin the scope of article V) performing missions for the United Nations shall be accorded such privileges and immunitieJ as are necessary for the independent excrcíse of their f unctions during the period of their míss;ons, including the time spent on joumeys in connectiou wi th their missions. In particular they shall be accorded:

immunity from personal arrest or Jetention and from seizure of their personal baggage;

( b) in respect of words spoken or written and acts done by them in the course of the performance of their mission, immunity from legal process of every k.ind. This immunity from legal process shall continue to be accorded notwithstanding that the persons con· cerned are no longer employed on mission.s fur thc United Nations;

inviolability for ali papers and documents;

( d) for the purposc of their communic,1tions wíth the United Nations, the right to use codes and to receive papers or correspondence by courier or in sealcd bags;

the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions to the Govemment of the United States of America;

the same immunities and facilities in respect of their personal baggage as are accorded to diplo-

Section '.?1.

Pri,ilcges and immunities are granted to experts in thc interes¡s of the United Natíons and not for the personal benefit of the individuals themselvr-s. The Sccretary-General shall have the right and thc duty to waive thc immunity of any M<pert in any case where, in his opinion, the immunity would impede the course of justic,· and it can be waived without prcjudin· to tlw intcrcsts of thc lfnite<I :'<ati,,ns

Umted Natwns Laissez-Passn Section 24.

The United Nations may issue United Nations /aissn-passer to its offícials. These laissez-pasier shall be rocognized and accepted as valid travcl documents, by the authorities of the United States of America, taking ihto account the provisions of section 25.

Section 25.

Applications for visas ( where required) Írorn the holders of United Nations /aissez-passer, when accompanied by a certificate that they are travelling on the business of the United Nations, shall be dealt with as speedily as possible. In addition, such persons shall be grantro facilities for speedy travcl.

Section 26.

Similar facilities to those specified in section 25 shall be accorded to experts dnd other per- •ons who, though not the holders of United Nations laissez-passer, have a ccrtificate that they are tra,·elling un the business of the United Nations.

Section 27.

The Secretary-General, Assistant Secretaries-General and Directors travelling on United Nations laissez-passer on the business of the United Nations shall be granted the same facilities as are accorded to diplomatic envoys. Srrtion 28.

The provisions of this article may be applied to the comparable officials of specialized agencies if the a~reemcnts for relatiomhip rnade under Article 61 of the Ch,irtcr so providc.

Settlemerzt of Disputl'S Section 29.

The linitcd Nations shall make provision for appropriate modes of scttkment of:

disputes arising out of contracts or othcr dispntrs of a private law character, to which the United l\::nions is a party;

( b) disputes involving any official of the Unitcd Nations who by reason of his official ,position cnjoys immunity, if immunity has not bccn waived by thc Secretary-Gcneral.

The General Assembly, with a view to ensuring that the lnternational Court of Justice shall enjoy the privilcges, immunities and facilities necessary for the exercise of its functions and the fulfilment of its purposes, in the country of its seat and elsewhere, invites the members of the Court at their first session to consider this question and to inform the Secretary-General of their recommendations.

The General Assembly decides that the question of the privileges and immunities of the Court shall be considered as soon as possible after the receipt of the recommendations of the Court.

The General Assembly recommends that, until further action has been taken, the rules which have been applied to the Permanent Court of lnternational Justice should be observed by Members in relation to the lnternational Court of Justice.

Thirty-first plenary meeting, 13 February 1946.

The General Assembly considers that there are many advantages in the unification as far as possible of the privileges and immunities enjoyed by the United Nations and the various specialized agencies.

While recognizing that not ali specialized agencies require ali the privileges and immunities which may be needed by others, and that certain of these may, by reason of their particular functions, require privileges of a special nature which are not required by the United Nations itself, the General Assembly considers that the privileges and immunities of the United Nations should be regarded, as a general rule, as a maximum within which the various specialized agencies should enjoy such privileges and immunities as the appropriate fulfilment of their respective functions may require, and that no privileges and immunities which are not really necessary should be asked for.

Therefore the General Assembly instructs the Secretary-General to open negotiations with a view to the re-consideration, in the light both of the General Convention adopted by the United Nati??' and of the considerations above, of the prov1s1ons under which the specialized agencies at present enjoy privileges and immunities.

Thirty-first plenary meeting, 13 February 1946.

It has been found that a frequent source of difficulty is road accidents in which motor cars, owned or driven by persons possessing immunity from legal process, are involved.

It is the intention of the United Nations to prevent thc occurrence of any abuse in connection with privileges, immunities and facilities granted to it under Articles 104 and 105 of the Charter and the general convention on privileges and immunities, which determines the details of the application of these articles.

Therefore the General Assembly instructs the Secretary-General to ensure that the drivers of all official motor-cars of the United Nations and all members of the staff, who own or drive motor-cars, shall be properly insured against third party risks.

Thirty-first plenary meeting, 13 February 1946.

In order to facilitate the engagement, as members of the staff of the United Nations, of persons who have accrued pension rights as officials, either of the central government of Members, or of subordinate governmental or other administrative authorities within the territory of Members, it is desirable that arrangements should be made to secure that accrued pension rights are not lost when such persom accept posts on the staff of the United ·Nations, by way either of transfer or of secondment.

Therefore, the General Assembly recommends that:

after such discussion with the Secretary-General as may be necessary to settle details the governments of Members adopt such legislative or administrative measures as may be required to preserve such pension rights.

Thirty-first plenary meeting, 13 Febru.ary 1946.

23 ( 1) • REGISTRA TION OF TREATIES AND INTERNATIONAL AGREEMENTS The Executive Secretary sent a circular letter to the Members of the United Nations on 8 November 1945 informing them that from the date of the entry into force of the Charter treaties and international agreements would be received and filed on a provisional basis until the adoption of detailed regulations prescribing the procedure to be followed in the registration and publication of treaties and international agreements under the provisions of Article 102 of the Charter. The Executive Secretary also invited the Government:s of Members to transmit to the Secretariat for filing and publication treaties and international agreements not included in the treaty series of the League of Nations and entered into in recent years before the date of the entry into force of the Charter.

lt is desirable, as a matter of practica! convenience, that arrangements should be made for the publication of any treaties or international agreements which non-member States may voluntarily transmit and which have not been included in the treaty series of the League of Nations. These arrangements should not, however, extend to treaties or international agreements transmitted by any non-member State such as Spain, the Government of which has been founded with the support of the Axis powers and does not, in view of its origin, its nature, its record and its clase association with the aggressor States, possess qualifications necessary to justify membership in the United Nations under the provisions of the Charter.

RESOLUTION RELATING TO THE ADOPTION OF THE GENERAL CONVENTION ON PRIVILEGES ANO IMMU- NITIES OF THE UN!TEO NATIONS, ANO TEXT OF THE CONVENTION.

CONVENTJON ON THE PRIVILEGES AND IMMUNITlES

ARTICLE I

ARTICLE III

ARTIC:Lº" II

ARTICLE IV

ARTICLE VI

AaTJCLE VIII

FINAL ARTICLE

ARTICLE VII

RESOLUTION RELATING TO NEGOTIATIONS wrrH THE COMPETENT AUTHORITIES OF THE UNrrED STATES OF AMERICA CONCERNING THE ARRANGE- MENTS REQUIREO AS A RESULT OF THE ESTABLISH- MENT OF THE SEAT OF THE UNITED NATIONS IN THE UNrrED STATES OF AMERICA, AND TEXT .OF A DRAFT CONVENTION TO BE TRANSMITTED AS A BASIS OF DISCUSSION FOR THESE NEGOTIATIONS.

AMERICA

ARTICLE V

ARTICLE VI

ARTICLE IV

ARTICLE VII

ARTICLE X

ARTICLE VIII

ARTICLE IX

lN WITNESS Tl!EREOF THE ABOVE·MENTIONED PI.ENIPOTENTIARIES JIA\.E SIGNED THIS CON\'EN- TION:

DONE THIS DAY OF .

IN D!JPLJCATE.

ARTICLE 111

ARTICLE I

ARTICLE II

ARTICLE IV

ARTICLE VI

ARTICLE V

m.1tic CllVOJS.

ARTICLE VII

ARTICLE VIII

RESOLUTION ON THE PRIVILEGES AND IMMUNI- TIES 0F THE INTERNATIONAL CouRT OF JusTICE.

RESOLUTION ON THE CO-ORDINATION OF THE PRIVILEGES AND IMMUNITIES OF THE UN!TED NA- TIONS AND THE SPECIALIZED AGENCIES.

RESOLUTION RELATING TO THE INSURANCE AGAINST THIRD PARTY RISKS OF MOTOR-CARS OF THE ÜRGANIZATION ANO OF MEMBERS OF THE STAFF.

RESOLUTION RELATING TO ARRANGEMENTS TO BE MADE SO THAT OFFICIALS OF MEMBERS WHO ARE TRANSFERRED OR SECONDED FOR SERVICE WITH THE UNITED NATIONS SHOULD NOT LOSE THEIR AC- CRUED PENSION RIGHTS BY REASON OF SUCH TRANS- FER OR SECONDMENT.

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B.

Table of contents

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