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Agreement Between the Government of Canada and the United Nations University Concerning the United Nations University International Network on Water, Environment and Health

E101441 - CTS 1996 No. 27

WHEREAS the United Nations University was established as a subsidiary organ of the United Nations by General Assembly resolution 2951 (XXVII) of 11 December, 1972;

WHEREAS the Council of the United Nations University decided, at its forty-second session held in Tokyo from 4-8 December 1995 to establish the International Network on Water, Environment and Health as a research and training programme of the University and to accept the offer of Canada to host the University’s International Network on Water, Environment and Health in the area of Hamilton, Ontario, Canada;

WHEREAS the International Network on Water, Environment and Health is an integral part of the United Nations University in accordance with the Charter of the University;

WHEREAS Canada is a party to the Convention on the Privileges and Immunities of the United Nations since 22 January 1948;

WHEREAS the said Convention is applicable to the United Nations University in accordance with Article XI of its Charter; and

DESIRING to ensure that the University’s International Network on Water, Environment and Health’s legal status in Canada, as well as the content of the privileges and immunities and the measures for their implementation shall be satisfactorily regulated;

THE GOVERNMENT OF CANADA AND THE UNITED NATIONS UNIVERSITY, hereinafter referred to as "the Parties",

HAVE AGREED as follows:

Article I

Definitions

For the purposes of this Agreement:

  1. "the Convention" means the Convention on the Privileges and Immunities of the United Nations adopted by the General Assembly of the United Nations on 13 February 1946;
  2. "the University" means the United Nations University, established by resolution 2951 (XXVII) of the General Assembly of the United Nations of 11 December 1972;
  3. "the Charter of the University" means the Charter of the University adopted by the United Nations General Assembly resolution 3081 (XXVIII) of 6 December 1973;
  4. "Government" means the Government of Canada;
  5. "INWEH" means the International Network on Water, Environment and Health, a research and training programme of the University;
  6. "the Secretary-General" means the Secretary-General of the United Nations;
  7. "the Rector" means the Rector of the University and, during his absence, any official designated to act on his behalf;
  8. "the Director" means the Director of INWEH acting on behalf of the Rector in Canada, or in his absence any official designated to act on his behalf to be notified to the Government by the Director;
  9. "appropriate authorities" means the national, provincial, regional or local authorities of Canada as the context may require, in accordance with the laws of Canada;
  10. "official activities" means INWEH’s activities and includes administrative activities;
  11. "personnel of INWEH" means persons appointed in accordance with Article VIII, paragraph 7, of the Charter of the University;
  12. "officials" means persons who are appointed under the United Nations Staff Regulations and Rules;
  13. "experts" means persons, within the meaning of Article VI of the Convention;
  14. "premises of INWEH" means the buildings or part of buildings occupied permanently or temporarily by the University or by meetings convened in Canada by the University for the purposes of INWEH;
  15. "archives" means all records, correspondence, documents, manuscripts, photographs, films and recordings belonging to or held by the University, wherever located.

Article II

Legal Status

The University shall have the legal status as specified in Article XI of the Charter of the University, and in this Agreement.

Article III

Academic Freedom

The University shall enjoy the academic freedom required for the achievement of its objectives, with particular reference to the choice of subjects and methods of research and training, the selection of persons and institutions to share in its tasks, and freedom of expression.

Article IV

Inviolability and Protection

  1.  
    1. The premises of INWEH shall be inviolable. The appropriate authorities shall not enter the premises to perform any official duties therein except with the express consent of, and under conditions approved by the Director, or at his request;
    2. The University shall not permit its premises to become a refuge from justice for persons who are avoiding arrest or service of legal process or against whom an order of extradition or deportation has been issued by the appropriate authorities;
    3. Nothing in this Agreement shall prevent the reasonable application by the appropriate authorities of measures for the protection of the premises against fire or other emergency requiring prompt protective action; 
    4. The premises shall be used solely to further the purposes and activities of the University;
    5. The Director shall, upon request, make suitable arrangements to enable the appropriate persons to inspect, repair, maintain, reconstruct and relocate utilities, conduits, mains and sewers within the premises of INWEH, and to carry out safety and occupational health measures.
  2. The appropriate authorities are under a special duty to take reasonable steps to protect the premises of INWEH against any intrusion or damage and to prevent any disturbance of the peace of the premises of INWEH or impairment of the dignity of the University.
  3. Except as otherwise provided in this Agreement or in the Convention, the laws of Canada shall apply within the premises of INWEH. However, the premises of INWEH shall be under the immediate control and authority of the University which may establish regulations for the execution of its functions therein.
  4. The archives of the University shall be inviolable.
  5. The University shall be entitled to display its emblem on the premises of INWEH and its means of transport.

Article V

Property, Funds and Assets

  1. The University, its property, funds and assets wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except insofar as in any particular case the Secretary General has expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution.
  2. The property, funds and assets of the University, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.
  3. Without being restricted by financial controls, regulations or moratoria of any kind the University may:
    1. hold funds, gold or currency of any kind and operate accounts in any currency;
    2. freely transfer its funds, gold or currency to or from Canada or within Canada and convert any currency held by it into any other currency.

Article VI

Freedom from Taxes and Duties

  1. The University, its assets, income and other property shall be:
    1. exempt from all direct taxes; it is understood, however, that the University will not claim exemption from taxes which are, in fact, no more than charges for public utility services;
    2. exempt from customs duties and prohibitions and restrictions on imports and exports in respect of Articles imported or exported by the University for its official use. It is understood, however, that Articles imported under such exemption will not be sold in Canada except under conditions agreed with the Government of Canada;
    3. exempt from customs duties and prohibitions and restrictions on imports and exports in respect of its publications.
  2. While the University will not, as a general rule, claim exemption from excise duties and from taxes on the sale of movable and immovable property which form part of the price to be paid, nevertheless when the University is making important purchases for official use of property on which such duties and taxes have been charged or are chargeable, the Government of Canada will make appropriate administrative arrangements for the remission or return of the amount of duty or tax.

Article VII

Communications and Publications

  1. No censorship shall be applied to the official correspondence and other official communications of the University.
  2. The University shall have the right to use codes and to dispatch and receive official correspondence and other official communications by courier or in sealed bags, which shall have the same privileges and immunities as diplomatic couriers and bags.
  3. The University shall have the right to publish freely within Canada, in the fulfilment of its purposes. It is, however, understood that the University shall respect the laws and the international conventions applicable to Canada relating to intellectual property.

Article VIII

Entry, Stay and Departure

  1. The appropriate authorities shall facilitate the entry into and departure from Canada of personnel of INWEH, officials and experts and other persons invited thereto on official business.
  2. Visas, where required, for persons referred to in paragraph 1 above, shall be issued by the Government of Canada free of charge and as promptly as possible.
  3. The provisions of paragraphs 1 and 2 shall also apply, as appropriate, to the spouses and relatives dependent on the persons referred to in those paragraphs.
  4. Except as provided above in this Article and in the Convention, the Government of Canada retains full control and authority over the entry of persons or property into the territory of Canada and the conditions under which persons may remain or reside there.
  5. No act performed by persons referred to in paragraph 1 above in their official capacity with respect to the University shall constitute a reason for preventing their entry into or departure from the territory of Canada or for requiring them to leave Canada.

Article IX

Privileges and Immunities of Officials, Personnel of INWEH and Experts

  1. Officials of the University shall enjoy such privileges and immunities as are provided for by Section 18 of Article V and Article VII of the Convention.
  2. Officials of the University within the scope of Section 19 of Article V of the Convention shall enjoy such privileges and immunities as are provided for by Sections 18 and 19 of Article V and Article VII of the Convention.
  3. The Director and his or her spouse and relatives dependent on him or her, unless they are Canadian citizens or permanent residents in Canada as defined by applicable Canadian legislation, shall be accorded the same privileges, immunities and facilities as are enjoyed by diplomatic agents and their families in Canada.
  4. Personnel of INWEH shall enjoy in Canada the following privileges and immunities:
    1. be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity;
    2. be immune from national service obligations unless they are Canadian citizens or permanent residents in Canada as defined by applicable Canadian legislation;
    3. have the right to import free of duty their furniture and effects, including motor vehicles, at the time of first entry into Canada, or in the case of former residents of Canada returning to Canada to resume residence in Canada after having been residents of another country, the right, subject to the applicable legislation, to import free of duty their furniture and effects, including motor vehicles, at the time of their return to Canada.
  5. Experts of the University shall enjoy such privileges and immunities as are provided for by Article VI of the Convention.
  6. The privileges and immunities are granted by this Agreement 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 individual in any case where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the United Nations.

Article X

Employment of Dependents

The spouses and the dependents of officials and personnel of INWEH shall, upon application, receive authorization for employment in Canada.

Article XI

Identity Card and United Nations Laissez-Passer

  1. The Government of Canada shall provide all personnel of INWEH and officials with an identity card certifying their status under this Agreement.
  2. The Government of Canada shall recognize and accept United Nations laissez-passers held by officials as valid travel documents. The Government further agrees to issue any required visas, free of charge and as promptly as possible on the United Nations laissez-passers.

Article XII

Notification Procedure

No persons referred to in this Agreement shall be entitled to the privileges and immunities accorded under this Agreement unless and until their names and status have been duly notified to the Minister of Foreign Affairs of Canada.

Article XIII

Respect for the Laws and Regulations of Canada

  1. Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of Canada. They also have the duty not to interfere in the internal affairs of Canada.
  2. The United Nations shall cooperate at all times with the appropriate authorities of Canada to facilitate the proper administration of justice, secure the observance of police regulations and avoid the occurrence of any abuse in connection with the privileges and immunities referred to in this Agreement.

Article XIV

Settlement of Disputes

  1. Any dispute between the Parties concerning the interpretation or implementation of this Agreement that is not settled by negotiation or other agreed method of settlement shall, at the request of either Party, be referred to a tribunal of three arbitrators, one to be appointed by the Minister of Foreign Affairs of Canada, one to be appointed by the Rector of the University and the third to be appointed by the two arbitrators. If, within thirty days of the request for arbitration, either Party has not appointed an arbitrator or if, within fifteen days of the appointment of two arbitrators, the third arbitrator has not been appointed, either Party may request the President of the International Court of Justice to appoint an arbitrator.
  2. The procedure of arbitration shall be determined by the arbitrators, and the expenses of the arbitration shall be borne by the Parties as assessed by the arbitrators. The arbitral award shall contain a statement of the reasons on which it is based and shall be accepted by the Parties as the final adjudication of the dispute.
  3. The University shall take the measures necessary for ensuring the proper settlement of:
    1. disputes arising out of contracts or other disputes of a private law character to which the University is a party; and
    2. disputes involving any personnel of INWEH, official or expert who by reason of his or her official position enjoys immunity, if immunity has not been waived by the Secretary-General.

Article XV

Final Provisions

  1. This Agreement shall enter into force upon signature.
  2. This Agreement may be amended by mutual consent at any time at the request of either Party.
  3. This Agreement shall cease to be in force:
    1. by mutual consent of the University and the Government; or
    2. if INWEH is removed from the territory of Canada, on the understanding that the relevant provisions in connection with the orderly termination of the operations of INWEH in Canada and the disposal of its property therein shall remain applicable as long as necessary.
  4. The University and the Government may enter into such supplemental agreements as may be necessary.
  5. This Agreement shall apply to any person within its scope irrespective of whether Canada maintains or does not maintain diplomatic relations with the State to which such person belongs, and irrespective of whether the State to which such person belongs grants a similar privilege or immunity to diplomatic agents or nationals of Canada.


IN WITNESS WHEREOF the undersigned, duly authorized to that effect, have signed this Agreement.

DONE at Hamilton, Ontario on 20 September 1996, in duplicate in the English and the French languages, each version being equally authentic.

Sheila Copps
FOR THE GOVERNMENT OF CANADA

Heitor G. de Souza
FOR THE UNITED NATIONS UNIVERSITY


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