Uredba o ratifikaciji Sporazuma med Vlado Republike Slovenije in Evropsko banko za obnovo in razvoj o ustanovitvi in dejavnostih rezidenčne pisarne Evropske banke za obnovo in razvoj v Republiki Sloveniji

7. Uredba o ratifikaciji Sporazuma med Vlado Republike Slovenije in Evropsko banko za obnovo in razvoj o ustanovitvi in dejavnostih rezidenčne pisarne Evropske banke za obnovo in razvoj v Republiki Sloveniji

Na podlagi petega odstavka 75. člena Zakona o zunanjih zadevah (Uradni list RS, št. 113/03 – uradno prečiščeno besedilo, 20/06 – ZNOMCMO, 76/08, 108/09 in 80/10 – ZUTD) izdaja Vlada Republike Slovenije

U R E D B O
o ratifikaciji Sporazuma med Vlado Republike Slovenije in Evropsko banko za obnovo in razvoj o ustanovitvi in dejavnostih rezidenčne pisarne Evropske banke za obnovo in razvoj v Republiki Sloveniji

1. člen

Ratificira se Sporazum med Vlado Republike Slovenije in Evropsko banko za obnovo in razvoj o ustanovitvi in dejavnostih rezidenčne pisarne Evropske banke za obnovo in razvoj v Republiki Sloveniji, sklenjen z izmenjavo pisem 17. in 23. julija 2014.

2. člen

Besedilo sporazuma se v izvirniku v angleškem jeziku in prevodu v slovenskem jeziku glasi:

Minister of Finance of the Republic of Slovenia

Ministry of Finance

Župančičeva 3

SI-1000 Ljubljana

Slovenia

17 July 2014

Dear Minister,

With reference to the discussions between the European Bank for Reconstruction and Development, the Ministry of Finance of the Republic of Slovenia and the Ministry of Foreign Affairs of the Republic of Slovenia on the status, privileges, immunities and exemptions required by the Bank in order for it to open a resident office in the Republic of Slovenia for the purpose of supporting its operations and activities in the Republic of Slovenia, I have the honour to propose that the status, privileges, immunities and exemptions, accorded to the European Bank for Reconstruction and Development (the “EBRD” or the “Bank”), its Governors, Directors, Alternates, officers, employees and experts performing missions for the EBRD pursuant to the Agreement Establishing the Bank, dated 29 May 1990, as amended (the “EBRD Agreement”) be reaffirmed and/or supplemented on the territory of the Republic of Slovenia as set out herein below in this letter and that for the purpose of this letter, the terms and expressions, defined below, shall have the following meanings assigned to them:

    “Dependents”           means spouses and common-law partner
                           of an employee of the Bank, sharing
                           the same household, unmarried
                           dependent children of an employee of
                           the Bank up to 18 years of age, or up
                           to 26 years of age if enrolled as
                           full-time student at post-secondary
                           educational institutions, and
                           unmarried dependent children of an
                           employee of the Bank who are
                           physically or mentally disabled.
  “Deputy Head of Office”  means the officer appointed by the
                           Bank as Deputy Director or Deputy Head
                           of Office of a Resident Office and
                           notified to the Republic of Slovenia;
    “Head of Office”       means the principal officer of a
                           Resident Office appointed by the Bank
                           as Director or Head of Office and
                           notified to the Republic of Slovenia;
    “Personnel”            means all officers and employees of
                           the Bank, members of the Bank’s Board
                           of Directors, their Alternates,
                           advisors and technical experts, and
                           experts performing missions for the
                           Bank;
    “Premises of the       means the building(s) and/or parts of
    Resident Office”       buildings (including installations,
                           furnishings, fixtures, facilities,
                           parking, storage rooms, basements
                           and/or other rooms ancillary or
                           adjacent to the building(s)) and the
                           land plots, on which such building(s)
                           are located and ancillary thereto,
                           which are used only for purposes of
                           the EBRD and the residence of the Head
                           of Office (including installations,
                           furnishings, fixtures, facilities,
                           parking, storage rooms, basements
                           and/or other rooms ancillary or
                           adjacent to the residence) and the
                           land plots, on which such residence is
                           located and ancillary thereto;
  “Property and Assets of  means all income of the EBDR and all
    the Bank”              property and assets of the Bank,
                           including any means of transport of
                           the Bank and the Head of Office;
    “Resident Office”      means each and every resident office
                           of the Bank, established on the
                           territory of the Republic of Slovenia
                           or, as the context may require, means
                           one such resident office. “Resident
                           Offices” means all such resident
                           offices, collectively.

I propose that the status, privileges, immunities and exemptions, accorded to the EBRD, its Governors, Directors, Alternates, officers, employees and experts performing missions for the EBRD pursuant to the EBRD Agreement be reaffirmed and/or supplemented on the territory of the Republic of Slovenia, as follows:

1. Immunity from Legal Process

Within the scope of its official activities, the Bank shall enjoy immunity from every form of legal process on the territory of the Republic of Slovenia.

2. Legal personality

Any office of the EBRD on the territory of the Republic of Slovenia (a “Resident Office”) shall not possess a legal personality separate from that of the Bank.

3. Flag and Emblem

Any Resident Office shall be entitled to display the flag and the emblem of the Bank on the premises of such Resident Office and on the means of transport of a Head of Office.

4. Inviolability of the Premises of the Resident Office

The premises of a Resident Office and any means of transport, owned or held by the Bank and/or the Head of Office, wherever located on the territory of the Republic of Slovenia, shall be inviolable and shall be in the control and authority of the Bank and/or the Head of Office, respectively.

No official of the Republic of Slovenia or person exercising any public authority, whether administrative, judicial, military or law enforcement shall enter the premises of a Resident Office except with the consent of, and under conditions approved by, the President of the Bank. Such consent may be assumed in the case of fire or other disasters requiring prompt protective action.

5. Protection of the Resident Office

The Republic of Slovenia shall take all necessary measures, as and when required, to ensure the security and the protection of the premises of a Resident Office and the Bank’s personnel against any injury, loss, intrusion or damage and to prevent any violation of law and order in the Resident Office or impairment of the Bank’s reputation. The Republic of Slovenia shall, in any event, provide a standard of security and protection to a Resident Office, no less than that provided to diplomatic missions in the Republic of Slovenia. If requested by the Head of Office, the Republic of Slovenia shall provide a sufficient number of law enforcement agents for the restoration of law and order at, or in the area, surrounding a Resident Office.

6. Financial Activities

Notwithstanding financial controls, regulations or moratoria of any kind that may otherwise be in place or implemented by the Republic of Slovenia following the date of entry into force of the terms specified in this letter, in the Republic of Slovenia the Bank may, as required for the performance of its purpose and for carrying out its functions in accordance with the provisions of the EBRD Agreement, freely:

a) purchase, hold and dispose of any funds, currencies, financial instruments and securities, operate accounts in any currency, engage in financial transactions and conclude financial contracts;

b) transfer its funds, currencies, financial instruments and securities, including mortgages, to or from the Republic of Slovenia, from or to any other country or within the Republic of Slovenia and convert any currency held by it into any other currency; and/or

c) borrow and lend money in the lawful currency of the Republic of Slovenia and issue bonds and other securities denominated in the lawful currency of the Republic of Slovenia.

7. Freedom of Bank Operations from Restrictions

Subject to the provisions of the EBRD Agreement, the Bank may freely pursue all official activities within the whole territory of the Republic of Slovenia without an restrictions and the necessity for further permits and/or authorisations from authorities of the Republic of Slovenia, including but not limited to anti-monopoly authorities, central bank, and/or other regulators or entities responsible for oversight of a particular sector, types of operations, and/or acquisitions.

Any contracts for the delivery of goods, performance of work and/or rendering of services for entities within state, including without limitation sub-sovereign or municipal, and/or private sectors, which are financed by the Bank whether using the Bank’s own resources or donors funds, wholly or in part, shall be procured strictly in accordance with the Procurement Policies and Rules of the Bank, as may be amended by the EBRD following the date of entry into force of the terms of this letter unless the EBRD and the Republic of Slovenia agree otherwise in writing. Further, the provision of the Bank’s services and/or loans to entities within the state, including without limitation sub-sovereign and/or municipal, and/or private sectors shall not be subject to competitive tender.

8. Privileges and Immunities relative to the Personnel of the Bank Dependents

In addition to the immunities, privileges and exemptions, provided to the personnel of the Bank under Chapter VIII of the EBRD Agreement, the personnel of the Bank assigned to a Resident Office and their dependents shall enjoy the following immunities, privileges and exemptions, in the Republic of Slovenia:

a) Exemption from any social security and/or state pension schemes, in force on the date of this letter or as may be implemented in the Republic of Slovenia at any time after the date of this letter, provided the EBRD provides a medical insurance scheme for employees and their dependents and retirement plans for its employees – the Money Purchase Plan and the Final Salary Plan (or their successors) – in accordance with the terms of such retirement plans approved by the EBRD Board of Directors. It is understood that in no event shall the Bank be liable for the payment, reimbursement and/or collection of any social security contributions, in respect of any member of the Bank’s Personnel or his/her dependents.

b) The right to import, free of any customs duties and taxes and free of prohibitions and restrictions on imports, their furniture, appliances, personal effects, including goods for initial settlements, and motor vehicles, which had been used or owned by the member of the Personnel of the Bank for at least six months prior to relocation, except for those items, the import and/or export of which is prohibited by effective legislation of the Republic of Slovenia. Goods subject to exemption of import duties shall not be alienated, given for use to other persons or used for any other purpose prior to expiry of one year from the date of import unless the customs duties and tax are paid.

c) The Head of Office and the Deputy Head of Office and their dependents, who are not Slovenian citizens or who are not permanent residents of the Republic of Slovenia, shall enjoy, on the territory of the Republic of Slovenia privileges and exemptions as are accorded by the Republic of Slovenia to diplomatic missions and diplomatic agents accredited in the Republic of Slovenia, as well as their dependents, in accordance with the national legislation on indirect tax exemptions, which shall apply mutatis mutandis for exemptions from customs duties.

d) The appropriate status which entitles them to enter the Republic of Slovenia, to reside and travel in the Republic of Slovenia and to leave at any time without any restriction or hindrance.

9. The Purpose of the Privileges, Immunities, Exemptions and Waiver

The privileges, immunities, exemptions and facilities accorded in this letter are granted in the interests of the Bank and not for the personal benefit of the individuals themselves. Without prejudice to the privileges and immunities granted in accordance with this letter and the letter confirming acceptance of the terms of this letter by the Government of the Republic of Slovenia, the personnel of the EBRD shall abide by the laws and regulations of the Republic of Slovenia. The Bank shall have the right and duty to waive the immunity, accorded to any member of personnel of the Bank, in accordance with the provisions of the EBRD Agreement, if, in its opinion, such immunity would impede the course of justice and can be waived without prejudice to the interests of the Bank.

The immunity from the jurisdiction of the Republic of Slovenia in accordance with the Vienna Convention on Diplomatic relations granted by the Republic of Slovenia to dependents of the Head of Office and the Deputy Head of Office who obtain and exercise a gainful occupation on the territory of the Republic of Slovenia shall not extend to matters arising from, or in connection with, such gainful occupation of the relevant dependent. The Bank shall notify the Ministry of Foreign Affairs of the Republic of Slovenia when dependent of the Head of Office or the Deputy Head of Office takes up and terminates gainful occupation.

Dependents of the Head of Office and the Deputy Head of Office who obtain and exercise a gainful occupation on the territory of the Republic of Slovenia shall be subject to the fiscal regime of the Republic of Slovenia for all matters relating to their gainful occupation in the Republic of Slovenia.

10. Duration of Privileges and Immunities

In the territory of the Republic of Slovenia, each person appointed to the Bank’s Resident Office in the Republic of Slovenia and entitled to privileges and immunities set out in this letter enjoys such privileges and immunities from the moment he/she assumes his/her duties at the Resident Office of the European Bank for Reconstruction and Development in the Republic of Slovenia, or from the moment when the Bank notifies the Ministry of Foreign Affairs of the Republic of Slovenia of the appointment/assignment of the official, whichever occurs later.

The privileges, immunities and exemptions specified in this letter and accorded to members of the Bank’s Personnel appointed/assigned to the Resident Office in the Republic of Slovenia shall normally cease at the moment his/her appointment/assignment to the EBRD Resident Office comes to an end, or on expiry of a reasonable period after that. However, with respect to the acts done by those persons in the exercise of their official duties, immunity shall continue to apply unimpaired even after the termination of their appointment/assignment to the EBRD Resident Office in the Republic of Slovenia. The privileges, immunities and/or exemptions, if any, enjoyed pursuant to the EBRD Agreement shall also continue to apply unimpaired.

11. Notification, Diplomatic and Official Cards

The Resident Office shall notify the Ministry of Foreign Affairs of the Republic of Slovenia when the Head of Office, the Deputy Head of Office and/or a member of the Personnel of the Resident Office take up their duties or when their appointment/assignment terminates. Such notification shall be made within three days of taking up their duties or termination of the appointment/assignment, as applicable.

The Ministry of Foreign Affairs of the Republic of Slovenia shall, in accordance with international treaties binding on the Republic of Slovenia, issue diplomatic cards to the Head of Office and the Deputy Head of Office and their dependents who are not Slovenian citizens or who are not permanent residents in the Republic of Slovenia.

The Ministry of Foreign Affairs of the Republic of Slovenia shall, in accordance with international treaties binding on the Republic of Slovenia, issue official cards to the Personnel of the Resident Office and their dependents who are not Slovenian citizens or who are not permanent residents in the Republic of Slovenia.

Diplomatic and official cards shall be public documents attesting the holder‘s identity and special status. Diplomatic and official cards shall also serve as temporary residence permits for foreigners (i.e. not nationals of the Republic of Slovenia) residing in the Republic of Slovenia.

Further, I would propose that each party (The Government of the Republic of Slovenia or the Bank) may withdraw from the agreement reached pursuant to this letter and your confirmation of acceptance of the terms proposed herein at any time by giving a six months' written notice to the other Party.

Should a dispute and/or controversy arise between the EBRD and the Government of the Republic of Slovenia, as a result of or in connection with the provisions of this letter and your confirmation of acceptance of the terms proposed herein, the EBRD and the Government of the Republic of Slovenia shall endeavour to settle it amicably. If any dispute or controversy cannot be amicably settled, it shall be settled in accordance with the procedure set out in Article 58 of the EBRD Agreement.

Finally, I would propose that if the terms of this letter are acceptable to the Government of the Republic of Slovenia, this letter together with your written confirmation that the terms are acceptable, shall constitute our mutual acceptance and conclusion of the “Agreement between the Government of the Republic of Slovenia and the European Bank for Reconstruction and Development on the Establishment and Activities of the Resident Office of the European Bank for Reconstruction and Development in the Republic of Slovenia” (the “Agreement”). The Agreement shall provisionally apply from the date of its conclusion and shall enter into force on the date on which the Government of the Republic of Slovenia notifies the President of the EBRD by a diplomatic note of the completion of its internal procedures required for its entry into force.

Please accept the assurances of my highest consideration.

Yours faithfully,
Suma Chakrabarti (s)

Suma Chakrabarti

President

European Bank for Reconstruction

and Development

One Exchange Square

London EC 2A 2JN

United Kingdom

23 July 2014

Dear President,

I have to honour to acknowledge the receipt of your letter of 17 July 2014, which reads as follows:

“Dear Minister,

With reference to the discussions between the European Bank for Reconstruction and Development, the Ministry of Finance of the Republic of Slovenia and the Ministry of Foreign Affairs of the Republic of Slovenia on the status, privileges, immunities and exemptions required by the Bank in order for it to open a resident office in the Republic of Slovenia for the purpose of supporting its operations and activities in the Republic of Slovenia, I have the honour to propose that the status, privileges, immunities and exemptions, accorded to the European Bank for Reconstruction and Development (the “EBRD” or the “Bank”), its Governors, Directors, Alternates, officers, employees and experts performing missions for the EBRD pursuant to the Agreement Establishing the Bank, dated 29 May 1990, as amended (the “EBRD Agreement”) be reaffirmed and/or supplemented on the territory of the Republic of Slovenia as set out herein below in this letter and that for the purpose of this letter, the terms and expressions, defined below, shall have the following meanings assigned to them:

    “Dependents”            means spouses and common-law partner
                            of an employee of the Bank, sharing
                            the same household, unmarried
                            dependent children of an employee of
                            the Bank up to 18 years of age, or up
                            to 26 years of age if enrolled as
                            full-time student at post-secondary
                            educational institutions, and
                            unmarried dependent children of an
                            employee of the Bank who are
                            physically or mentally disabled.
    “Deputy Head of Office” means the officer appointed by the
                            Bank as Deputy Director or Deputy
                            Head of Office of a Resident Office
                            and notified to the Republic
                            Slovenia;
    “Head of Office”        means the principal officer of a
                            Resident Office appointed by the Bank
                            as Director or Head of Office and
                            notified to the Republic of Slovenia;
    “Personnel”             means all officers and employees of
                            the Bank, members of the Bank’s Board
                            of Directors, their Alternates,
                            advisors and technical experts, and
                            experts performing missions for the
                            Bank;
    “Premises of the        means the building(s) and/or parts of
    Resident Office”        buildings (including installations,
                            furnishings, fixtures, facilities,
                            parking, storage rooms, basements
                            and/or other rooms ancillary or
                            adjacent to the building(s)) and the
                            land plots, on which such building(s)
                            are located and ancillary thereto,
                            which are used only for purposes of
                            the EBRD and the residence of the
                            Head of Office (including
                            installations, furnishings, fixtures,
                            facilities, parking, storage rooms,
                            basements and/or other rooms
                            ancillary or adjacent to the
                            residence) and the land plots, on
                            which such residence is located and
                            ancillary thereto;
    “Property and Assets of means all income of the EBDR and all
    the Bank”               property and assets of the Bank,
                            including any means of transport of
                            the Bank and the Head of Office;
    “Resident Office”       means each and every resident office
                            of the Bank, established on the
                            territory of the Republic of Slovenia
                            or, as the context may require, means
                            one such resident office. “Resident
                            Offices” means all such resident
                            offices, collectively.