Zakon o ratifikaciji Sporazuma med Republiko Slovenijo in Organizacijo za gospodarsko sodelovanje in razvoj o privilegijih, imunitetah in ugodnostih, ki se podeljujejo organizaciji (MOGSRP)

THE REPUBLIC OF SLOVENIA and
    THE ORGANISATION FOR ECONOMIC CO- OPERATION AND DEVELOPMENT (hereafter called the Parties),
    BEARING IN MIND the co-operation existing between the Organisation and Slovenia and the interest in developing it as evidenced by the establishment of a specific programme for Slovenia; and
    NOTING that this will increase the level of activities carried out by the Organisation in Slovenia;
    HAVE AGREED as follows:

Article 1

For the purposes of this Agreement:
    (a) “Government” means the Government of the Republic of Slovenia;
    (b) “Organisation” means the Organisation for Economic Co-operation and Development;
    (c) “officials” means the categories of officials to which the provisions of this Agreement apply as specified by the Secretary-General. The names of the officials included in these categories shall be made known, from time to time, to the Government;
    (d) “premises of the Organisation” means buildings or parts thereof (including the land ancillary thereto), utilised permanently or temporarily for official purposes of the Organisation;
    (e) “property of the Organisation” means all property, including funds and assets, belonging to the Organisation or held or administered by the Organisation or on its behalf;
    (f) “archives of the Organisation” means all records and correspondence, documents and other material, including tapes and films, sound recordings, computer software and written material, video tapes and discs belonging to or held by the Organisation or on its behalf;
    (g) “Members” means countries or other entities which are Members of the Organisation;
    (h) “non member participants” means countries not members of the Organisation or international organisations, which have received an invitation from the Organisation to participate, as observers or on any other basis, in a meeting convened by the Organisation;
    (i) “representatives” means all delegates, alternates, advisers, technical experts and secretaries of delegations;
    (j) “meeting convened by the Organisation” means any meeting of a body of the Organisation, and any other meeting, international conference or gathering convened by the Organisation.

Article 2

The Organisation possesses juridical personality. It has the capacity to conclude contracts, to acquire and dispose of movable and immovable property and to institute legal proceedings.

Article 3

In the event that the Government grants any more favorable privilege, exemption or immunity to a similar type of international organisation, this Agreement shall be amended to accord like treatment in that respect to the Organisation.

Article 4

The Organisation and its property, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except insofar 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.

Article 5

The property of the Organisation, wherever located and by whomsoever held, shall not be subject to search, requisition, confiscation, expropriation or any other form of interference whether by administrative, judicial or legislative action.

Article 6

1. The premises of the Organisation, including premises utilised by the Organisation for the duration of a meeting convened by the Organisation,shall be inviolable and shall be under its exclusive control and authority.
    2. The Government shall take appropriate measures to ensure the security of the Organisation’s premises; in particular, it shall prevent any person, or group of persons, from penetrating without authorisation into the premises or causing disorder in the immediate vicinity thereof.

Article 7

The archives of the Organisation, and in general all documents belonging to it or held by it, shall be inviolable wherever located and by whomsoever held.

Article 8

Without being restricted by financial controls, regulations or moratoria of any kind:
    (a) the Organisation may hold currency of any kind and operate accounts in any currency;
    (b) the Organisation may freely transfer its funds within, into and out of the territory of Slovenia and convert any currency held by it into any other currency under the same conditions as those which apply to any other international organisation or foreign government.

Article 9

The Organisation and its property shall be exempt from:
    (a) any form of direct taxation; however, the Organisation will not claim exemption from rates and taxes which cunstitute no more than a payment for public utilities;
    (b) customs duties, prohibitions or restrictions in respect of import or export of goods intended for official use, on the understanding that such imported goods will not be sold in Slovenia within three years, except under conditions agreed with the Government;
    (c) customs duties, restrictions or prohibitions in respect of import and export of its publications;
    (d) any form of indirect taxation on goods and services purchased for official purposes including taxes forming part of the price to be paid for such goods and services, under the same conditions as those which apply to diplomatic missions in Slovenia.

Article 10

1. The Organisation shall enjoy, for its official communications, treatment not less favorable than that accorded by Slovenia to any foreign government, including its diplomatic mission, in the matter of priorities, rates and taxes on mails, cables, telegrams, radiograms, telephotos, telefaxes, 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 Organisation.
    2. The Organisation shall enjoy the right, for its official communications, to use codes and to send and receive correspondence and other papers and documents by courier.

Article 11

In order to enable the Organisation to fully and efficiently discharge its responsibilities and fulfill its tasks:
    (a) the Government shall assist the Organisation in resolving any difficulty the Organisation may encounter with the procurement of goods, services and facilities in the territory of Slovenia; and
    (b) essential public services shall be made available to the Organisation on the same basis and conditions as those which apply to diplomatic missions in Slovenia.

Article 12

1. Representatives of Members and non member participants to a meeting convened by the Organisation shall, while exercising their functions and during their journey to and from the place of meeting, enjoy the privileges, immunities and facilities provided for by Article IV sections 11 and 12 of the Convention on the Privileges and Immunities of the United Nations of 13 February 1946.
    2. Privileges, immunities and facilities are accorded to the representatives of Members and non member participants not for their personal benefit but only in order to safeguard the independent exercise of their functions in connection with the Organisation. Consequently, a Member or a non member participant has not only the right but also the duty to waive the immunity of its representative in any case where, in the opinion of the Member or non member participant, the immunity would impede the course of justice, and it can be waived without prejudice to the purpose for which the immunity is accorded.

Article 13

Officials of the Organisation shall:
    (a) enjoy immunity from arrest and detention for acts performed in their official capacity and from seizure of their personal baggage;
    (b) enjoy immunity from legal process for acts performed in their offical capacity; they shall continue to be so immune after completion of their functions as officials of the Organisation;
    (c) be exempt from any form of direct taxation on salaries, emoluments and indemnities paid to them by the Organisation; this exemption does not apply to Slovenian nationals residing in Slovenia;
    (d) be exempt, together with their spouses and members of their families, from immigration restrictions and alien registration;
    (e) enjoy, together with their spouses and members of their families, the same benefits in respect of repatriation in cases of international crisis as members of diplomatic missions;
    (f) have the right to import free of duty their furniture and effects at the time of first taking up their post in Slovenia and within one year after their arrival in Slovenia provided that such imported goods will not be sold within three years form the date of importation;
    (g) be accorded the same privileges in respect of currency and exchange as are accorded to diplomatic agents of comparable rank;
    (h) be exempt from any obligation to deposit security payable in respect of goods temporarily admitted into Slovenia;
    (i) enjoy the right, for the purpose of communicating with the Organisation, to use codes and to send and receive correspondence and other papers and documents by courier.

Article 14

In addition to the privileges, immunities and facilities mentioned in Article 13, the Secretary-General of the Organisation and his/her spouse and children under the age of 18 shall enjoy privileges, immunities and benefits granted to the heads of diplomatic missions.
    The Deputy and Assistant Secretaries-General, their spouses and children under the age of 18, shall enjoy privileges, immunities and facilities granted to members of comparable rank of diplomatic missions.

Article 15

Experts (other than officials) performing missions for the Organisation shall enjoy, in the territory of Slovenia, such privileges, immunities and facilities as are necessary for the independent exercise of their functions during the period of their missions, including time spent on journeys in connection with their missions. In particular they shall enjoy:
    (a) immunity from personal arrest or detention and from seizure of their personal baggage;
    (b) immunity from legal process in respect of words spoken or written, and all acts done by them in the performance of their mission; such immunity shall continue after the completion of their mission;
    (c) inviolability for all papers and documents;
    (d) the right, for the purpose of communicating with the Organisation, to use codes and to send and receive correspondence and other papers and documents by courier;
    (e) the same facilities with respect to currency and exchange restrictions as are accorded to a representative of a foreign government on temporary official mission;
    (f) exemption from any obligation to deposit security payable in respect of goods temporarily admitted into Slovenia.

Article 16

Privileges, immunities and facilities are granted to officials and experts in the interest of the Organisation and not for the sake of personal profit. The Secretary-General of the Organisation shall have the right and duty to waive the immunity of any official or expert where, in his opinion, the immunity of this official or expert would impede the course of justice and it can be waived without prejudice to the interests of the Organisation. In the case of the Secretary-General and the Deputy and Assistant Secretaries-General of the Organisation, the Council of the Organisation shall have the right to waive immunity.

Article 17

The Government shall take all appropriate measures, subject to its laws and regulations, to facilitate the entry to, stay in, and exit from the territory of Slovenia, and to ensure the freedom of movement within the territory of Slovenia of representatives of Members and non member participants, officials and experts of the Organisation and any other person invited by the Organisation for official purposes.

Article 18

The Organisation shall co-operate at all times with the Government to facilitate the proper administration of justice and prevent the occurrence of any abuse in connection with the privileges, immunities, exemptions and facilities mentioned in this Agreement.

Article 19

This Agreement shall be interpreted and applied in the light of its primary purpose which is to enable the Organisation to fully and efficiently discharge its responsibilities and fulfill its tasks.

Article 20

1. The Parties shall attempt to settle any dispute as to the interpretation or application of this Agreement by negotiations or by any other mutually agreed method.
    2. If the dispute is not settled in accordance with paragraph 1 within a period of ninety days from the request by either Party to settle it, it shall, at the request of either Party, be referred to arbitration.
    3. The arbitral tribunal shall be composed of three arbitrators. Each Party shall choose one arbitrator and the third, who shall be the chairman of the tribunal, to be chosen jointly by the Parties. If the tribunal is not constituted within three months of the request for arbitration, the appointment of the arbitrators not yet designated shall be made by the President of the International Court of Justice at the request of either Party.
    4. The tribunal shall apply the principles and rules of international law and its award shall be final and binding on both Parties.

Article 21

This Agreement shall enter into force on the date on which the Government shall have informed the Organisation of the completion of the constitutional requirements for its entry into force.

Article 22

The Agreement shall cease to be in force by mutual consent or no earlier than one year after written notice by either Party of its intention to terminate it.

Article 23

As from the date of its signature, and pending its entry into force, this Agreement shall be applied on a provisional basis, as far as it is possible to do so under the law of the Republic of Slovenia.

Article 24

The Parties may enter into any supplementary agreements as may be necessary within the scope of this Agreement.
    DONE in Paris this 9th day of February 1996, in two originals, each in the English and French languages, both texts being equally authentic.

 For the Republic of Slovenia:
Dr. Andrej Capuder, (s) Ambassador of the Republic of Slovenia in France
For the Organisation for Economic Co-operation and Development
Jean-Claude Paye, (s) Secretary-General