A G R E E M E N T

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ARMENIA AND THE INTERNATIONAL CENTRE FOR MIGRATION POLICY DEVELOPMENT (ICMPD) ON THE STATUS OF ICMPD IN THE REPUBLIC OF ARMENIA

The Government of the Republic of Armenia (hereinafter the 'Government'), on the one hand, and the International Centre for Migration Policy Development (ICMPD) (hereinafter 'ICMPD'), on the other hand, (both hereinafter the 'Parties');

Taking into consideration the longstanding cooperation between the Republic of Armenia and ICMPD established through joint implementation of initiatives addressing topics which form part of a comprehensive approach to migration governance;

Whereas the Republic of Armenia strives to pursue a coherent national migration strategy, including forging long-term solutions for Armenian citizens living abroad on the one hand, and migrants and refugees staying within the territory of the Republic of Armenia on the other hand;

Whereas ICMPD is a specialised international organisation, mandated to promote comprehensive, sustainable and future-oriented migration governance together with its partner governments and organisations;

Aspiring to further strengthen the friendly relations and institutionalise the cooperation between the Parties in the area of migration governance and in a spirit of partnership and mutual trust;

Based on the 1993 Agreement on the Establishment of ICMPD as amended on 27 March 1996, 26 April 1996, 25 June 2003 and 26 May 2014 and Convention on the Privileges and Immunities of the United Nations;

HAVE AGREED AS FOLLOWS:

ARTICLE 1

GENERAL PROVISIONS

(1) The purpose of this Agreement is to define the status, privileges and immunities of ICMPD and its personnel in the Republic of Armenia.

(2) ICMPD shall have the right to set up its representation in the Republic of Armenia and hire personnel, both national and international, needed to implement its activities.

ARTICLE 2

LEGAL PERSONALITY

The Republic of Armenia recognises the international juridical personality of ICMPD and its legal capacity in the Republic of Armenia, in particular its capacity to:

a) contract;

b) acquire, own and dispose of immovable and movable property; and

c) conduct and respond to legal proceedings.

ARTICLE 3

REPRESENTATION AND ITS PREMISES

(1) The premises, the archives, and all documents and materials belonging to or used by the representation shall be inviolable.

(2) Permission of the head of the representation shall be required for access of officer or official of the Republic of Armenia, or other person exercising any public authority within the Republic of Armenia to its premises. This permission, however, shall be assumed to be given in case of emergencies requiring prompt protective action.

(3) The competent Armenian authorities shall exercise due diligence to ensure that the tranquillity of the representation is not disturbed by any person or group of persons attempting unauthorised entry into its premises.

(4) The Republic of Armenia shall take all appropriate measures to ensure that the representation is supplied with the necessary public services.

(5) The Republic of Armenia shall ensure that the representation is able to send and receive communications in connection with its official activities without censorship or other interference.

(6) Except as otherwise provided in this Agreement and subject to the power of ICMPD to develop rules and regulations that are unique for ICMPD as an international organisation, the laws of the Republic of Armenia shall apply within the representation.

ARTICLE 4

IMMUNITY FROM JURISDICTION AND OTHER ACTIONS

(1) The representation shall have immunity from jurisdiction and enforcement, except:

a) to the extent that the representation shall have expressly waived such immunity in a particular case;

b) in the case of civil action brought by a third party for damages resulting from an accident caused by a motor vehicle belonging to, or operated on behalf of the representation, or in respect of any infringement of regulations governing the keeping, operation and use of motor vehicles;

c) in the case of seizure, pursuant to a decision by the judicial authorities, of the salary, emoluments or indemnities owed by the representation to its personnel.

(2) The property and assets of the representation shall be immune from any form of administrative and provisional judicial restraint.

(3) Without prejudice to paragraphs (1) and (2), the property and assets of the representation wherever situated, shall be immune from any form of seizure, confiscation, expropriation and sequestration.

ARTICLE 5

FINANCIAL FACILITIES

Without being restricted by financial controls, regulations or moratoria of any kind the representation may:

a) open and operate bank accounts in any currency;

b) purchase and receive through authorised channels, hold and dispose of any currencies or securities; and

c) transfer its funds, deposits, or currency from one country to another, or within one country, and to convert any currency held by it into any other currency.

ARTICLE 6

FREEDOM FROM TAXATION AND CUSTOMS DUTIES

(1) The property, the premises, the revenues and other assets of the representation shall be exempt from all forms of taxation.

(2) Tax privileges established by the tax legislation of the Republic of Armenia shall be applied to the indirect taxes included in the prices of goods and services supplied to the representation as well as to the rent payments and leasing.

(3) Goods, including motor vehicles and spare parts thereof, imported or exported by the representation, required for its official activities, shall be exempt from customs duties and other charges provided these are not charges for maintenance, transportation and are not payments charged for such services, and from economic prohibitions and restrictions on imports and exports.

(4) Goods imported in accordance with paragraph (3) shall not be ceded or transferred by the representation to third parties in the Republic of Armenia within three years of their importation or acquisition.

(5) The Republic of Armenia shall issue for each vehicle of the representation a diplomatic license plate by which it can be identified as an official vehicle of an international organisation.

ARTICLE 7

PERSONNEL OF THE REPRESENTATION

(1) ICMPD communicates to the Ministry of Foreign Affairs of the Republic of Armenia the names and functions of officials and other members of the personnel of the representation.

(2) The Republic of Armenia according to its national legislation shall provide the personnel of the representation and their family members forming part of their household with the identification cards containing the photo of its holder. This card shall serve as the identification document of its holder before the correspondent authorities of the Republic of Armenia.

ARTICLE 8

PRIVILEGES AND IMMUNITIES OF THE PERSONNEL OF THE REPRESENTATION

(1) Personnel of the representation shall enjoy, within and with respect to the Republic of Armenia, the following privileges and immunities:

a) immunity from jurisdiction in respect of words spoken or written and all acts performed by them in their official capacity;

b) immunity from the seizure of their personal and official baggage and immunity from inspection of official baggage;

c) inviolability of all official documents, data and other material;

d) exemption from taxation in respect of the salaries, emoluments, payments including allowances, remunerations, indemnities and pensions paid to them by ICMPD in connection with their service with it. This exemption shall extend also to assistance given to the families of personnel of the representation;

e) exemption from immigration restrictions and from registration formalities for themselves and members of their families forming part of their household;

f) the right to import personal usage goods and one motor vehicle without paying customs;

g) the same protection and repatriation facilities with respect to themselves and members of their families forming part of their household as are accorded in time of international crises to personnel of diplomatic missions accredited to the Republic of Armenia;

(2) Points d) to g) in paragraph (1) of this Article shall not apply to nationals of the Republic of Armenia.

ARTICLE 9

EXPERTS OF ICMPD

(1) Experts shall enjoy the privileges and immunities established by the points a) to c) of the paragraph (1) of Article 8 of this Agreement as well as the exchange facilities necessary for the transfer of their emoluments and expenses.

(2) Visas which may be required for experts shall be granted as promptly as possible.

ARTICLE 10

PURPOSE OF PRIVILEGES AND IMMUNITIES

(1) The privileges and immunities provided for in this Agreement are not designed to give to personnel or experts of the representation personal advantage. They are granted solely to ensure that the representation is able to perform its official activities unimpeded at all times and that the persons to whom they are accorded have complete independence.

(2) ICMPD shall waive immunity where it considers that such immunity would impede the normal course of justice and that it can be waived without prejudicing the interests of ICMPD.

ARTICLE 11

SETTLEMENT OF DISPUTES

The Parties shall use their best efforts to amicably settle any dispute, controversy or claim arising out of, or relating to, this Agreement.

ARTICLE 12

AMENDMENTS AND SUPPLEMENTS

This Agreement can be subject to amendments and supplements with the mutual consent of both Parties. Negotiations thereto shall be conducted at the request of either Party at any time. Such amendments and supplements shall be made in a form of separate agreement being an integral part of this Agreement and shall enter into force in the same manner as this Agreement.

ARTICLE 13

ENTRY INTO FORCE

This Agreement shall enter into force on the date when the Republic of Armenia has notified ICMPD in writing through diplomatic channels that all national procedures for its entry into force have been completed.

ARTICLE 14

TERMINATION

Either Party may terminate this Agreement at any time by means of written notification to the other Party through diplomatic channels. The termination shall enter into force after a period of one hundred and eighty (180) days, which shall start with the first day of the month following the month in which the other Party received the written notification of termination.

In faith whereof the undersigned representatives, duly authorised for that purpose, have signed this Agreement.

Done in Yerevan, on the 15th day of November, in 2016, in two originals, each in the Armenian and English languages, both texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.

The Agreement has entered into force on 13 October 2017