Convention on the Privileges and Immunities of the Specialized Agencies
Parties with reservations, declarations and objections
Party | Reservations / Declarations | Objections |
---|---|---|
Armenia | Yes | No |
Belarus | Yes | Yes |
China | Yes | Yes |
Côte d'Ivoire | Yes | No |
Cuba | Yes | Yes |
El Salvador | Yes | No |
France | Yes | No |
Gabon | Yes | No |
Germany | Yes | Yes |
Indonesia | Yes | Yes |
Italy | Yes | No |
Kazakhstan | Yes | No |
Lithuania | Yes | No |
Madagascar | Yes | No |
Netherlands, the Kingdom of the | Yes | No |
New Zealand | Yes | No |
Norway | Yes | No |
Oman | Yes | No |
Pakistan | Yes | No |
Qatar | Yes | No |
Romania | Yes | Yes |
Russian Federation | Yes | Yes |
South Africa | Yes | No |
Ukraine | Yes | Yes |
United Kingdom | Yes | No |
Armenia
16-05-2022
The Government of Armenia, pursuant to article XI, section 43, of the Convention,
has undertaken to apply the provisions of the Convention to the following specialized
agencies:
International Labour Organisation (ILO)
Food and Agriculture Organization of the United Nations (FAO)
(Second revised text of Annex II)
International Civil Aviation Organization (ICAO)
United Nations Educational, Scientific and Cultural Organization (UNESCO)
International Monetary Fund (IMF)
International Bank for Reconstruction and Development (IBRD)
World Health Organization (WHO)
(Third revised text of Annex VII)
Universal Postal Union (UPU)
International Telecommunication Union (ITU)
World Meteorological Organization (WMO)
International Maritime Organization (IMO)
(Second Revised text of Annex XII)
International Finance Corporation (IFC)
International Development Association (IDA)
World Intellectual Property Organization (WIPO)
International Fund for Agricultural Development (IFAD)
United Nations Industrial Development Organization (UNIDO)
World Tourism Organization (UNWTO)
The provisions of Paragraph 1, Section 20, Article VI of this Convention shall not
apply to the citizens of the Republic of Armenia and that the provisions of Paragraph
2, Section 20, Article VI of this Convention shall apply at the extent allowing the
Republic of Armenia to grant a temporary deferment for a reasonable time, such [as]
up to the next call-up for military service.
Belarus
18-03-1966
The Byelorussian Soviet Socialist Republic does not consider itself bound by the provisions of sections 24 and 32 of the Convention, concerning the compulsory jurisdiction of the International Court of Justice. Concerning the jurisdiction of the International Court of Justice in disputes arising out of the interpretation or application of the Convention, the Byelorussian Soviet Socialist Republic will maintain the same position as hitherto, namely, that for any dispute to be referred to the International Court of Justice for settlement, the agreement of all Parties involved in the dispute must be obtained in each individual case. This reservation similarly applies to the provision contained in section 32, stipulating that the advisory opinion of the International Court of Justice shall be accepted as decisive.
Objection United Kingdom, 20-06-1967
The Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General, that it is unable to accept the reservation made by Belarus because in its view it is not of the kind which intending parties to the Convention have the right to make.
China
11-09-1979
The Government of the People's Republic of China has reservations on the provisions of section 32, article IX, of the said Convention.
Objection United Kingdom, 06-11-1979
The Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General, that it is unable to accept the reservation made by China because in its view it is not of the kind which intending parties to the Convention have the right to make.
Objection Netherlands, the Kingdom of the, 11-01-1980
The Government of the Kingdom of the Netherlands has noted the reservation made on
the accession of China to the Convention on the privileges and immunities of the specialized
agencies, and is of the opinion that the reservation mentioned, and similar reservations
other States have made in the past or may make in the future, are incompatible with
the objectives and purposes of the Convention.
The Government of the Kingdom of the Netherlands does, however, not wish to raise
a formal objection to these reservations made by States parties to the Convention.
[On 28 January 1980 the Government of the Kingdom of the Netherlands specified that
the second paragraph of the statement of 11 January 1980] is intended to mean that
the Government of the Kingdom of the Netherlands does not oppose the entry into force
of the Convention between itself and the reserving states.
Côte d'Ivoire
28-12-1961
It is not possible for any Government fully to comply with the requirements of section 11 of that Convention in so far as it requires the specialized agency to enjoy in the territory of a State party to the Convention treatment not less favourable than that accorded by the Government of that State to any other Government in the matter of priorities and rates on telecommunications, unless and until all other Governments collaborate in according this treatment to the agency in question. It is understood that this matter is being discussed in the International Telecommunication Union.
Cuba
13-09-1972
The Revolutionary Government of Cuba does not consider itself bound by the provisions of sections 24 and 32 of the Convention, under which the International Court of Justice has compulsory jurisdiction in disputes arising out of the interpretation or application of the Convention. Concerning the competence of the International Court of Justice in such disputes, Cuba takes the position that for any dispute to be referred to the International Court of Justice for settlement, the agreement of all parties involved in the dispute must be obtained in each individual case. This reservation also applies to the provision of section 32 requiring the parties concerned to accept the advisory opinion of the International Court of Justice as decisive.
Objection United Kingdom, 01-11-1972
The Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General, that it is unable to accept the reservation made by Cuba because in its view it is not of the kind which intending parties to the Convention have the right to make.
El Salvador
24-09-2012
The Government of the Republic of El Salvador does not consider itself bound by the provisions of Article VII, Section 24 and Article IX, Section 32, since it does not recognize the compulsory jurisdiction of the International Court of Justice.
France
02-08-2000
Reservations:
Only property, funds and assets belonging to agencies, administered by them and earmarked
for the functions assigned to them under the agreements by which they were established,
and to which France has acceded, shall enjoy the privileges and immunities provided
for in the Convention.
When an official of the agencies who does not have the same status as a member of
the diplomatic staff under the Convention commits a traffic violation or causes a
road accident, the privileges and immunities shall not apply.
The provisions of section 11 concerning facilities in respect of communications shall
not apply to the specialized agencies.
Officials employed abroad and resident in France shall be subject to the provisions
of the law applicable in France with respect to entry and stay in the national territory.
The privileges and immunities, exemptions and facilities accorded to the executive
head of each agency in reference to diplomatic envoys shall not be extended to any
other official, except one acting on the former's behalf during his absence from duty.
The privileges and immunities of experts sent on mission to the specialized agencies
shall not exceed those accorded to officials of the specialized agencies.
France shall not be bound by the provisions of section 32 concerning the International
Court of Justice, except where a prior attempt to settle the difference amicably has
failed.
Interpretative declaration:
In the event of a conflict between the provisions of the Convention and the provisions
of the individual agreements concluded between the specialized agencies and France,
the provisions of these agreements shall have precedence.
Gabon
29-06-1961
It is not possible for any Government fully to comply with the requirements of section 11 of that Convention in so far as it requires the specialized agency to enjoy in the territory of a State party to the Convention treatment not less favourable than that accorded by the Government of that State to any other Government in the matter of priorities and rates on telecommunications, unless and until all other Governments collaborate in according this treatment to the agency in question. It is understood that this matter is being discussed in the International Telecommunication Union.
Germany
10-10-1957
The Government of the Federal Republic of Germany takes the liberty of calling attention to the fact that the provisions of section 11 of article IV of the Convention, to the effect that the specialized agencies shall enjoy, in the territory of each State party to this Convention, for their official communications, treatment not less favourable than that accorded by the Government of such State to any other Government in the matter of priorities, rates and other taxes, cannot be fully complied with by any Government. Reference is made to the provisions of article 37 and of annex 3 of the International Telecommunication Convention concluded at Buenos Aires in 1952, as well as to the resolutions Nos. 27 and 28 appended to that Convention.
Objection United Kingdom, 20-11-1974
The Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General, that it is unable to accept the reservation made by Germany because in its view it is not of the kind which intending parties to the Convention have the right to make.
Indonesia
08-03-1972
(1) Article II (b) section 3: The capacity of the specialized agencies to acquire
and dispose of immovable property shall be exercised with due regard to national laws
and regulations.
(2) Article IX section 32: With regard to the competence of the International Court
of Justice in disputes concerning the interpretation or application of the Convention,
the Government of Indonesia reserves the right to maintain that in every individual
case the agreement of the parties to the dispute is required before the Court for
a ruling.
Objection United Kingdom, 21-09-1972
The Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General, that it is unable to accept the reservation made by Indonesia because in its view it is not of the kind which intending parties to the Convention have the right to make.
10-01-1973
In a communication received on 10 January 1973, the Government of Indonesia informed the Secretary-General, in reference to the reservation [concerning the capacity to acquire and dispose of immovable property] that it would grant to the Specialized Agencies the same privileges and immunities which it had granted to the International Monetary Fund and the International Bank for Reconstruction and Development.
Italy
30-08-1985
In the event that some of the specialized agencies which are mentioned in the instrument of accession and to which Italy undertakes to apply the Convention should decide to establish their headquarters or their regional offices in Italian territory, the Italian Government will be able to avail itself of the option of concluding with such agencies, in accordance with Section 39 of the Convention supplemental agreements specifying, in particular, the limits within which immunity from jurisdiction may be granted to a given agency or immunity from jurisdiction and exemption from taxation granted to officials of that agency.
Kazakhstan
29-01-2021
The Government of the Republic of Kazakhstan notified the Secretary-General, in accordance
with article XI, section 43, of the Convention, that it has undertaken to apply the
provisions of the Convention to the following specialized agencies:
International Labour Organisation (ILO)
Food and Agriculture Organization of the United Nations (FAO)
(Second revised text of Annex II)
International Civil Aviation Organization (ICAO)
United Nations Educational, Scientific and Cultural Organization (UNESCO)
International Monetary Fund (IMF)
International Bank for Reconstruction and Development (IBRD)
World Health Organization (WHO)
(Third revised text of Annex VII)
Universal Postal Union (UPU)
International Telecommunication Union (ITU)
World Meteorological Organization (WMO)
International Maritime Organization (IMO)
(Revised text of Annex XII)
International Finance Corporation (IFC)
International Development Association (IDA)
World Intellectual Property Organization (WIPO)
International Fund for Agricultural Development (IFAD)
United Nations Industrial Development Organization (UNIDO)
World Tourism Organization (UNWTO)
"[...] 1. The privileges and immunities indicated in subparagraphs c), d) and e) of
section 19 of article VI of the Convention shall not apply to citizens of the Republic
of Kazakhstan.
2. The Republic of Kazakhstan, in accordance with subparagraphs b) and c) of section
9 of Article III of the Convention, states that the term “customs duties” means all
types of customs payments, the exemption for which is granted in accordance with the
legislation applicable in the Republic of Kazakhstan."
Lithuania
10-02-1997
The Government of the Republic of Lithuania has made the reservation in respect of article 2 (3) (b), that the specialized agencies shall not be entitled to acquire land in the territory of the Republic of Lithuania, in view of the land regulations laid down by the Article 47 of the Constitution of the Republic of Lithuania.
Madagascar
03-01-1966
The Malagasy Government will not be able to comply fully with the provisions of article IV, section 11, of the Convention, which states that the specialized agencies shall enjoy, in the territory of each State party to the Convention, for their official communications, treatment not less favourable than that accorded by the Government of such State to any other Government, in the matter of priorities, rates and taxes on telecommunications, until such time as all Governments decide to co-operate by according such treatment to the agencies in question.
Netherlands, the Kingdom of the
11-01-1980
The Government of the Kingdom of the Netherlands has noted the reservation made on
the accession of China to the Convention on the privileges and immunities of the specialized
agencies, and is of the opinion that the reservation mentioned, and similar reservations
other States have made in the past or may make in the future, are incompatible with
the objectives and purposes of the Convention.
The Government of the Kingdom of the Netherlands does, however, not wish to raise
a formal objection to these reservations made by States parties to the Convention.
28-01-1980
The Government of the Netherlands indicated that the statement concerning their wish not to raise a formal objection to these reservations "... is intended to mean that the Government of the Kingdom of the Netherlands does not oppose the entry into force of the Convention between itself and the reserving states."
New Zealand
25-11-1960
The Government of New Zealand, in common with other Governments, cannot give full
effect to article IV, section 11, of the Convention, which requires that the specialized
agencies shall enjoy, in the territory of each State party to the Convention, for
their official communications, treatment not less favourable than the treatment accorded
by the Government of such a State to any other Government in the matter of priorities,
rates and taxes on telecommunications, as long as all Governments have not decided
to co-operate in granting this treatment to the agencies in question.
It is noted that this matter has been receiving the consideration of the United Nations
and of the International Telecommunication Union. It is also noted that the final
text of the annex of the Convention approved by the International Telecommunication
Union, and transmitted by the Union to the Secretary- General of the United Nations
in accordance with section 36 of the Convention, contains a statement that the Union
would not claim for itself the enjoyment of privileged treatment with regard to the
facilities in respect of communications provided in section 11 of the Convention.
Norway
20-09-1951
The Norwegian Government is of the opinion that it is impossible for any government to comply fully with Section 11 of the said Convention, which requires that the Specialized Agencies shall enjoy, in the territory of each state party to the Convention, for their official communications, treatment no less favourable than that accorded by the Government of such State to any other Government in the matter of priorities, rates and taxes on telecommunications as long as all governments have not agreed to grant to the agency in question, the treatment specified in this Section.
Oman
19-10-2023
The Government of the Sultanate of Oman notified the Secretary-General, in accordance
with article XI, section 43, of the Convention, that it has undertaken to apply the
provisions of the Convention to the following specialized agencies:
International Labour Organisation (ILO)
Food and Agriculture Organization of the United Nations (FAO)
(Second revised text of Annex II)
International Civil Aviation Organization (ICAO)
United Nations Educational, Scientific and Cultural Organization (UNESCO)
International Monetary Fund (IMF)
International Bank for Reconstruction and Development (IBRD)
World Health Organization (WHO)
(Third revised text of Annex VII)
Universal Postal Union (UPU)
International Telecommunication Union (ITU)
World Meteorological Organization (WMO)
International Maritime Organization (IMO)
(Revised text of Annex XII)
International Finance Corporation (IFC)
International Development Association (IDA)
World Intellectual Property Organization (WIPO)
International Fund for Agricultural Development (IFAD)
United Nations Industrial Development Organization (UNIDO)
World Tourism Organization (UNWTO)
With a reservation to Article IX, Section 32.
Pakistan
15-09-1961
The enjoyment by Specialized Agencies of the communication privileges provided for
in Article IV, Section 11 of the Convention cannot, in practice, be determined by
unilateral action of individual Governments and has in fact been determined by the
International Telecommunication Convention, Atlantic City, 1947 and Telegraph and
Telephone Regulations annexed thereto, Pakistan would, therefore, not be able to comply
with the provisions of Article IV, Section 11 of the Convention in view of Resolution
No. 28 (annexure I) passed at the Plenipotentiary Conference of the International
Telecommunication Union, held in Buenos Aires in 1952.
The International Telecommunication Union shall not claim for itself the communication
privileges provided in Article IV, Section 11 of the Convention.
Qatar
10-01-2014
The State of Qatar does not consider itself bound by article VII, section 24 or by
article IX, section 32 of the Convention, which provide for the compulsory jurisdiction
of the International Court of Justice in the event of differences arising from the
interpretation of the Convention. The State of Qatar considers that, in order for
any given dispute to be referred to the International Court of Justice for resolution,
all parties to the dispute must give their agreement. Moreover, the State of Qatar
does not consider the advisory opinion of the International Court of Justice to be
final and decisive as stated in article VII, section 24 and in article IX, section
32.
Romania
15-09-1970
The Socialist Republic of Romania states that it does not consider itself bound by the provisions of sections 24 and 32, whereby the question whether an abuse of a privilege or immunity has occurred, and differences arising out of the interpretation or application of the Convention and disputes between specialized agencies and Member States, shall be referred to the International Court of Justice. The position of the Socialist Republic of Romania is that such questions, differences or disputes may be referred to the International Court of Justice only with the agreement of the parties in each individual case.
Objection United Kingdom, 30-11-1970
The Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General, that it is unable to accept the reservation made by Romania because in its view it is not of the kind which intending parties to the Convention have the right to make.
Russian Federation
16-11-1972
The Union of Soviet Socialist Republics does not consider it self bound by the provisions of sections 24 and 32 of the Convention, concerning the compulsory jurisdiction of the International Court of Justice. Concerning the jurisdiction of the International Court of Justice in disputes arising out of the interpretation or application of the Convention, the USSR will maintain the same position as hitherto, namely, that for any dispute to be referred to the International Court of Justice for settlement, the agreement of all Parties involved in the dispute must be obtained in each individual case. This reservation similarly applies to the provision contained in section 32, stipulating that the advisory opinion of the International Court of Justice shall be accepted as decisive.
Objection United Kingdom, 20-06-1967
The Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General, that it is unable to accept the reservation made by the Russian Federation because in its view it is not of the kind which intending parties to the Convention have the right to make.
South Africa
30-08-2002
1. The Government of the Republic of South Africa does not consider itself bound by
the provisions of Article III, Section 7 in so far as it relates to the buying, selling
and holding of gold as certain limitations exist in the Republic regarding the buying,
selling and holding of gold.
Explanatory note: the buying, selling and holding of gold in the Republic is regulated.
In terms of Exchange Control Regulation 2 no person other than an Authorized Dealer
may buy or borrow any gold from, or sell, to any person not being an Authorized Dealer,
unless exemption from Exchange Control Regulation 5 has been authorized (Mining Houses
and Mining Producers may elect to sell their total gold holdings to the approved counter
parties, including foreign counter parties, provided that the Exchange Control Department
of the South African Reserve Bank has given the necessary exemption from the aforementioned
regulation).
2. Pending a decision by the Government of the Republic of South Africa on the compulsory
jurisdiction of the International Court of Justice, the Government of the Republic
does not consider itself bound by the terms of Article IX, Section 32 of the Convention
which provides for the compulsory jurisdiction of the International Court of Justice
in differences arising out of the interpretation or application of the Convention.
The Republic will adhere to the position that, for the submission of a particular
dispute for settlement by the International Court, the consent of all the parties
to the dispute is required in every individual case. This reservation is equally applicable
to the provisions contained in the said section, which stipulate that the advisory
opinion of the International Court is to be accepted as decisive.
Ukraine
13-04-1966
The Ukrainian Soviet Socialist Republic does not consider itself bound by the provisions of sections 24 and 32 of the Convention, concerning the compulsory jurisdiction of the International Court of Justice. Concerning the jurisdiction of the International Court of Justice in disputes arising out of the interpretation or application of the Convention, the Ukrainian Soviet Socialist Republic will maintain the same position as hitherto, namely, that for any dispute to be referred to the International Court of Justice for settlement, the agreement of all Parties involved in the dispute must be obtained in each individual case. This reservation similarly applies to the provision contained in section 32, stipulating that the advisory opinion of the International Court of Justice shall be accepted as decisive.
Objection United Kingdom, 20-06-1967
The Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General, that it is unable to accept the reservation made by Ukraine because in its view it is not of the kind which intending parties to the Convention have the right to make.
United Kingdom
16-08-1949
It is not possible for any Government fully to comply with the requirements of Section 11 of that Convention in so far as it requires the Specialized Agency to enjoy in the territory of a state party to the Convention treatment not less favourable than that accorded by the Government of that state to any other Government in the matter of priorities and rates on telecommunications, unless and until all other Governments collaborate in according this treatment to the Agency in question. It is understood that this matter is being discussed in the International Telecommunication Union.
17-12-1954
With regard to the Universal Postal Union and the World Meteorological Organization,
... no Government can fully comply with Section 11 of this Convention which requires
that the specialized agencies shall enjoy, in the territory of each State party to
the Convention, for their official communications, treatment not less favourable than
that accorded by the Government of such a State to any other Government in the matter
of priorities, rates and taxes on telecommunications so long as all the other Governments
have not decided to co-operate in granting this treatment to the agencies in question.
This matter is under consideration by the United Nations and the International Telecommunication
Union.
The final text of the annex to the Convention approved by the International Telecommunication
Union and transmitted by the Union to the Secretary-General of the United Nations
in accordance with Section 36 of the Convention contains a statement that the Union
would not claim for itself the enjoyment of privileged treatment with regard to the
facilities in respect of communications provided in Section 11 of the Convention.
04-11-1959
Her Majesty's Government observe [in connection with its notification of application to the International Maritime Organisation] that it would be impracticable for any Government fully to comply with Section 11 of the Convention which requires that the Specialized Agencies shall enjoy, in the territory of each State party to the Convention, for their official communications, treatment not less favourable than that accorded by the Government of such State to any other Government in the matter of priorities, rates and taxes on telecommunications, until such time as all the other Governments have decided to co-operate in granting this treatment to the agencies in question. This matter is under consideration by the United Nations and the International Telecommunication Union.