Overeenkomst inzake de voorrechten en immuniteiten van de Internationale Organisatie voor Atoomenergie

Partijen met voorbehouden, verklaringen en bezwaren

Partij	Voorbehoud / verklaring	Bezwaren
Belarus	Ja	Nee
België	Ja	Nee
Bosnië en Herzegovina	Ja	Nee
Brunei	Ja	Nee
Bulgarije	Ja	Nee
Canada	Ja	Nee
Chili	Ja	Nee
China	Ja	Nee
Cuba	Ja	Nee
Denemarken	Ja	Nee
Duitsland	Ja	Nee
El Salvador	Ja	Nee
Eritrea	Ja	Nee
Hongarije	Ja	Nee
Indonesië	Ja	Nee
Italië	Ja	Nee
Jordanië	Ja	Nee
Luxemburg	Ja	Nee
Marokko	Ja	Nee
Mexico	Ja	Nee
Moldavië	Ja	Nee
Nederlanden, het Koninkrijk der	Ja	Nee
Oekraïne	Ja	Nee
Oman	Ja	Nee
Pakistan	Ja	Nee
Portugal	Ja	Nee
Roemenië	Ja	Nee
Russische Federatie	Ja	Nee
Singapore	Ja	Nee
Thailand	Ja	Nee
Turkije	Ja	Nee
Zuid-Afrika	Ja	Nee
Zuid-Korea	Ja	Nee
Zwitserland	Ja	Nee

Belarus

02-12-1966

The Byelorussian Soviet Socialist Republic does not consider itself bound by the provisions of Sections 26 and 34 of the Agreement, under which there is an obligation to submit to the jurisdiction of the International Court of Justice. With regard to the question of referring to the International Court of Justice differences arising out of the interpretation or application of the Agreement, the Byelorussian SSR adheres as before to the position that the consent of all parties involved in a dispute must be obtained in each individual case before that dispute can be referred to the International Court of Justice. This reservation applies equally to the provision in Section 34 that the opinion given by the Court shall be accepted as decisive.

België

26-10-1965

In accordance with Article XII, Section 38 of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency, approved by the Board of Governors at Vienna on 1 July 1959. The Government of the Kingdom of Belgium hereby excludes from the application of the said Agreement the provisions contained in the last sentence of Article VI, Section 20.

Bosnië en Herzegovina

11-06-2009

1. The privileges and immunities foreseen by the Agreement shall not apply to any citizens of Bosnia and Herzegovina who are locally-recruited to serve in the country.
2. The provisions of article VI, section 18, item A, paragraph (iii), relating to immigration restrictions and alien registration, shall apply to officials of the Agency, their spouses and dependent children.
3. With regard to article X, section 34, which stipulates the jurisdiction of the International Court of Justice in unresolved disputes, which may arise in the interpretation and application of this Agreement - the consent of all parties to the dispute must be obtained in each individual case before that dispute is referred to the International Court of Justice.

Brunei

01-01-0001

Upon acceptance:
The Government of Brunei Darussalam accepts Article VIII, Section 26 and Article X, Section 34 of the
Agreement on the Privileges and Immunities of the International Atomic Energy Agency with the
reservation that disputes regarding the interpretation of the Agreement shall be referred to the International
Court of Justice only with the consent of all parties to the dispute.

Bulgarije

17-06-1968

The People's Republic of Bulgaria does not consider itself bound by the provisions of Section 26 of the Agreement. The People's Republic of Bulgaria considers that a dispute on the interpretation and application of the Agreement may be referred to the International Court of Justice only after the parties to the dispute have given their consent in respect of each individual case.

Canada

15-06-1966

.... exemption from liability for any taxes or duties imposed by any law in Canada should not extend to a Canadian citizen residing or ordinarily resident in Canada.

Chili

08-12-1987

(a) The Government of Chile enters a reservation to the effect that the privileges and immunities granted to the officials of the International Atomic Energy Agency shall not extend to Chilean nationals serving in Chile as officials of the Agency;
(b)The Government of Chile enters a reservation regarding the provisions of Section 4 in the sense that, in accordance with Chilean constitutional practice and domestic law, the property and assets of the International Atomic Energy Agency may be expropriated under a general or special enactment authorizing expropriation on grounds of public importance or national interest, as established by the legislator.

China

16-07-1984

.... it has reservations on Sections 26 and 34, which stipulate that differences shall be referred to the International Court of Justice and the opinion given by the Court shall be accepted as decisive by the parties to the difference.
A Note explaining the reservations reads as follows:
The reservations referred to in the said agreement are not intended on the entire provisions of Section 26 of the Agreement, but only on those provisions regarding the reference of differences to the International Court of Justice and the decisiveness of opinions of the Court.

Cuba

24-08-1982

The Republic of Cuba does not consider itself bound by the provisions of Sections 26 and 34 of Articles VIII and X of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency under which the International Court of Justice shall have obligatory jurisdiction in differences which may arise out of the Interpretation or application of the Agreement. With regard to the competence of the International Court of Justice on such matters, Cuba holds that for a difference to be referred to the Court for settlement the consent of all parties involved must be obtained in each particular case.

Denemarken

14-03-1962

Notwithstanding Sections 20 and 32, the Danish Government reserve the right to apply the Danish legislation concerning duties and excise taxes to Danish citizens, and to other persons insofar as they conduct private business in Denmark.

Duitsland

04-08-1960

The Government ..... reserves, with reference to Article VI, Section 18(a)(ii) of said Agreement, the right to tax citizens of the Federal Republic of Germany inasmuch as this right has not been renounced by double taxation treaties.

El Salvador

01-01-0001

Upon acceptance:
With regard to the provisions of Article X, Section 34, the Government of the Republic of El Salvador
states that it does not recognize the mandatory jurisdiction of the International Court of Justice.
(Original: Spanish)

Eritrea

13-03-2020

The State of Eritrea does not consider itself bound by the provision of Section 6 of Article III and the operation of accounts, transfer of funds and conversion of currency shall be governed by the domestic regulations. As well as the tax exemption provided in Section 8 of the same provision shall not be applicable to Eritrean nationals who work for the Agency in any capacity.
The immunities specified in this agreement shall not apply to Eritrean nationals working for the Agency. Besides that, the immunity from legal process referred to in Article III, Section 3, Article V, Section 12(a), Article VI,Section 18(a)(i), and Article VII, Section 23(a) and (b), of the Agreement shall not apply either in the case of a civil action instituted by a third party for damages resulting from an accident caused by a motor vehicle belonging to an official of the Agency , a representative of a Member at meetings convened by the Agency or an expert on mission for the Agency, or in the case of traffic violations involving the above vehicles.
The State of Eritrea does not consider itself bound by the provisions of Sections 26 and 34 of the Agreement, under which there is an obligation to submit disputes to the ICJ. Disputes can only be referred to the jurisdiction of the ICJ upon prior consent of the State parties concerned and such decisions shall be made on individual case basis. The reservation also applies equally to the provisions of Section34, on the decisive nature of the Court's opinion.

09-06-2020

Withdrawal of a reservation and modification of a reservation […]
[...] the Government of the State of Eritrea made reservations to Article 3 sections 6 and 8 of the agreement. [...] the Government of the State of Eritrea, having reviewed the said reservation, hereby withdraws the same.
[...] the Government of the State of Eritrea made reservations to articles V, sections 12(a), article VI, section 18(a) (i) and article VII, sections 23(a) and b(b) of the agreement. […] the Government of the State of Eritrea having reviewed the said reservations hereby modifies the same as follows:
The privileges and immunities stated in article V, VI and article VI shall not apply to Eritrean nationals while working in Eritrea.

Hongarije

14-07-1967

The Hungarian People's Republic accepts Sections 26 and 34 of the Agreement with the reservation that disputes regarding the interpretation and application of the Agreement shall be referred to the International Court of Justice only with the consent of all parties involved in the given dispute.
The Hungarian People's Republic makes a reservation also with regard to the provision in Section 34 making the advisory opinion of the Court decisive in certain cases.

Indonesië

04-06-1971

Article II, Section 2(b):
The capacity of the International Atomic Energy Agency to acquire and dispose of immovable property shall be exercised with due regard to national laws and regulations.
Article X, Section 34:
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.
Article VI, Section 18:
The concessions and privileges conferred by the Agreement on the employees of the Agency, other than those which also follow from Article XV of the Statute, such as immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity, should not be admissible to the Indonesian Nationals serving on the staff of the Agency in Indonesia.

Italië

20-06-1985

1. With regard to the exemption from taxation referred to in Section 18 (a)(ii) of Article VI of the Agreement, the Italian Government reserves the right to take into account the total amount of salaries and emoluments received by the Italian officials of the Agency resident in Italy and by other officials of the Agency permanently resident in Italy, for the purposes of possible taxation of income derived from other sources in Italy.
2. The immunity from legal process referred to in Article III, Section 3, Article V, Section 12(a), Article VI, Section 18(a)(i) and Article VII, Section 23(a) and (b) of the Agreement shall not apply either in the case of a civil action instituted by a third party for damages resulting from an accident caused by a motor vehicle belonging to an official of the Agency, a representative of a Member at meetings convened by the Agency or an expert on mission for the Agency, or in the case of violations of traffic laws involving the above vehicles.

Jordanië

27-10-1982

The privileges and immunities recognized under this agreement shall not be extended to the officials of the IAEA who are Jordanian nationals if their station is in Jordan itself.

Luxemburg

24-03-1972

In applying the provisions of Article XII, Section 38 of the Agreement, Luxembourg will not give effect to the last sentence of Article VI, Section 20.

Marokko

30-03-1977

The IAEA shall take due account of the national laws and regulations in acquiring and possessing immovable property in Morocco;
The privileges and immunities recognized under the Agreement shall not be extended to the officials of the IAEA who are Moroccan nationals serving in Morocco;
In the case of disputes, any recourse to the International Court of Justice shall be based on the consent of all the parties concerned.

Mexico

19-10-1983

1. In acceding to the Agreement on the Privileges and Immunities of the Agency, which was adopted on 1 July 1959, the Mexican Government declares that the capacity to acquire and dispose of immovable property, mentioned in Article II, Section 2 of the Agreement, shall be subject to applicable national legislation.
2. Agency officials and experts of Mexican nationality, in the exercise of their functions in Mexican territory, shall enjoy only those privileges which are conferred, as appropriate, by sub-paragraphs (i), (iii) and (vi) of Section 18 and paragraphs (a), (b), (c), (d) and (f) of Section 23, on the understanding that the inviolability mentioned in sub-paragraph (c) of Section 23 shall be granted only for official papers and documents.
3. The Provisions relating to the holding of funds, gold or currency of any kind and of accounts in any currency and to the transfer and convertibility of such currency in Mexican territory shall be subject to the relevant legal provisions in force.
A Note explaining the reservation contained in paragraph 3 reads as follows:
The Government of Mexico interprets this reservation to mean that the relevant legal provisions will be implemented in such a way as not to impede or impair the effective execution of the technical assistance and co-operation programmes in which Mexico is participating.

Moldavië

22-12-2008

Until the full re-establishment of the territorial integrity of the Republic of Moldova, the provisions of the Agreement will be applied only on the territory controlled effectively by the authorities of the Republic of Moldova.

Nederlanden, het Koninkrijk der

29-08-1963

Acting upon instructions from my Government I have the honour, upon depositing the instrument of acceptance of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency on behalf of the Kingdom of the Netherlands, to state that, for the purpose of the implementation of the Agreement, the term "country" in Article III, Sections 6 (b) and 8 (b) and in Article VI, Section 18 (a) (vi) shall be understood to mean "any of the individual countries of the Kingdom (viz. the Netherlands, Surinam and the Netherlands Antilles)".
In Article VIII, Section 27, the term "country" shall, however, be understood to mean "the Kingdom of the Netherlands".

Oekraïne

05-10-1966

The Ukrainian Soviet Socialist Republic does not consider itself bound by the provisions of Sections 26 and 34 of the Agreement, under which there is an obligation to refer to the International Court of Justice all disputes arising out of the interpretation or application of the Agreement. With regard to the question of the Court's Jurisdiction in respect of such disputes, the Ukrainian SSR continues to take the view that the consent of all parties involved in a dispute must be obtained in each individual case before that dispute can be referred to the International Court of Justice. This reservation applies equally to the provision in Section 34 that the advisory opinion given by the Court shall be accepted by the parties as decisive.

Oman

03-08-2010

In accordance with the text of Article XII. Section 38 of the Agreement, the Sultanate of Oman expresses its reservation in respect of the following Sections:
Article II. Section 2 (b):
The Agency shall take into consideration the national laws and legal regulations relating to the acquisition and disposal of any immovable property in the Sultanate of Oman.
Article VI. Section 18:
The privileges and immunities in this Section are not applicable to officials of the Agency who have Omani citizenship during the performance of their work in the Sultanate of Oman.
Article X. Section 34:
The Sultanate of Oman is not bound by the established modes for solving and settling disputes, provided for in this Section. There shall be no referral to the International Court of Justice for any case of dispute without the consent of all the parties in the dispute.

Pakistan

18-10-1966

[...] reservation that the concessions and privileges conferred by the Agreement on the employees of the Agency, other than those which also follow from Article XV of the Statute, such as immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity, should not be admissible to the Pakistani nationals serving on the staff of the Agency in Pakistan.

Portugal

27-11-2006

(A) Article V, Section 12(d) and Article VI, Section 18(a)(iii): the provisions of the Vienna Convention on Diplomatic Relations (1961) shall apply, without exemption from formalities, especially with regard to notification (Article 10);
(B) Article VI, Section 18(a)(ii): IAEA officials who are recruited locally, whether of Portuguese nationality or foreigners residing permanently in Portugal, shall not enjoy this exemption.

Roemenië

07-10-1970

.... the Socialist Republic of Romania does not consider itself bound by the provisions of Section 34, or by the provisions of Section 26 to the extent that they refer to Section 34. The Socialist Republic of Romania holds the view that differences arising out of the interpretation or application of the Agreement may be referred to the International Court of Justice only with the consent, in each individual case, of all parties to the dispute.

Russische Federatie

01-07-1966

... does not consider itself bound by the provisions of Sections 26 and 34 of the Agreement, under which there is an obligation to submit to the jurisdiction of the International Court of Justice. With regard to the question of referring to the International Court of Justice differences arising out of the interpretation or application of the Agreement, the [Russian Federation] adheres as before to the position that the consent of all parties involved in a dispute must be obtained in each individual case before that dispute can be referred to the International Court of Justice. This reservation applies equally to the provision in Section 34 that the opinion given by the Court shall be accepted as decisive.

Singapore

19-07-1973

.... officials of the Agency, who are Singapore citizens shall not enjoy exemption from taxation on salaries and emoluments paid to them by the Agency.

Thailand

15-05-1962

.... with the reservation that the officials of the Agency to be accorded privileges and immunities according to this Agreement who are of Thai nationality shall not be immune from national service obligation.

Turkije

26-06-1978

A) With regard to the postponement of national service of Turkish nationals who will be recruited by the International Atomic Energy Agency with reference to Section 19 of the said Agreement, relevant Turkish legislation shall be applied.
B) The officials of Turkish nationality who will be missioned in Turkey by the International Atomic Energy Agency, shall be subject to the taxes levied on Turkish nationals. They shall, in accordance with the provisions of part 4, Section 2 of Income Tax Law No. 5421, inform their wages by means of annual declarations.

Zuid-Afrika

13-09-2002

1. The Government of the Republic of South Africa does not consider itself bound by the provisions of Article III, Section 6 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 Authorised Dealer may buy or borrow any gold from, or sell to, any person not being an Authorised Dealer, unless exemption from Exchange Control Regulation 5 has been authorised (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. The Government of the Republic of South Africa does not undertake to apply the exemption from taxation in respect of salaries and emoluments referred to in Article VI, Section 18(a)(ii) of the Agreement in respect of any South African citizen who is ordinarily resident in South Africa.
3. 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 X, Section 34 of the Agreement which provides for the compulsory jurisdiction of the International Court of Justice in differences arising out of the interpretation or application of the Agreement. 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.

Zuid-Korea

17-01-1962

Locally recruited personnel who are considered as officials of the Agency under the Agreement shall not enjoy the privileges and immunities set forth in paragraphs (ii), (iii), (iv), (v) and (vi) of Section 18, and Section 19.

Zwitserland

16-09-1969

With regard to Article VI, Section 19, second paragraph, Switzerland reserves the right not to grant the deferments in call-up requested by the Agency, it being understood however that such requests will receive sympathetic consideration on the part of the competent Federal authorities.