その他令和6年7月5日
国際機関等の特権及び免除に関する条約（抜粋）
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令和6年7月5日
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号外p.16-p.23
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ARTICLE 27
(1) The SC shall adopt a regulation on personal data protection, which is consistent with the relevant laws and regulations of the Parties.
(2) In order to ensure the flow of necessary and targeted personal data between the GIGO and the Parties, the SC shall take appropriate steps to ensure that international transfers are conducted in compliance with the aforesaid regulation and the relevant national laws of the Parties.
CHAPTER VII
PRIVILEGES AND IMMUNITIES
ARTICLE 28
(1) The Premises of the GIGO shall be inviolable. The GIGO, its property 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 CE has expressly waived immunity. It is, however, understood that no waiver of immunity shall imply waiver of immunity in respect of the execution of judgment, for which a separate waiver by the SC shall be necessary.
(2) The property and assets of the GIGO, 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) The archives of the GIGO, wherever located, shall be inviolable. For the purposes of this Convention, “archives” includes all records, correspondence, documents, manuscripts, photographs, films and recordings belonging to or held by the GIGO.
(4) The GIGO shall not enjoy immunity from legal process and execution in the following specific cases:
(a) in relation to disputes arising out of contracts not providing resort to arbitration or alternative binding mechanisms of dispute settlement;
(b) in relation to a counterclaim or application directly connected with court proceedings initiated by the GIGO; and
(c) in respect of a civil action by a third party for damage arising from an accident caused by a motor vehicle or other mode of transport which belongs to or is operated on behalf of the GIGO, or in respect of a violation of the traffic code in which the said vehicle or other mode of transport is involved.
(5) For the purposes of this Convention, “Premises” shall mean any land, building or part of a building occupied permanently or temporarily as specified in any arrangement or notification referred to in Article 10(2).
ARTICLE 29
(1) No officer or official of the Host Country, or person exercising any public authority within the
Host Country, shall enter the Premises to perform any official duties therein, except with the
consent of the CE or at his/her request, and under the conditions approved by the CE.
(2) The consent to any necessary entry into the Premises shall be presumed, in case of a fire or other
emergency requiring prompt protection action, or in the event that the authorities of the Host
Country have reasonable cause to believe that such an emergency has occurred or is about to
occur in the Premises.
ARTICLE 30
The Premises may be used for meetings, seminars, exhibitions and other related purposes which are
organised by the GIGO. The Premises shall not be used in any manner incompatible with the purpose
and scope of the GIGO, as set forth in this Convention.
ARTICLE 31
The competent authorities of the Host Country shall use their best efforts within the applicable laws
and regulations to ensure the security and protection of the Premises and exercise due diligence to
ensure that the tranquillity of the Premises is not disturbed by the unauthorised entry of persons or
groups of persons from outside or by disturbances in their immediate vicinity.
ARTICLE 32
To enable the GIGO to carry out its functions smoothly, the Government of the Host Country shall
use its best efforts, in consultation with the GIGO, to take such measures as may be practicable to
ensure that the Premises are provided with the necessary public services such as, but not limited to,
utility, power and communications services.
ARTICLE 33
(1) The Government of the Host Country shall secure the inviolability of the official communications
of the GIGO, whatever the means of the communications employed, and shall not apply any
censorship to such communications.
(2) The GIGO shall have the right to use codes, operate communication equipment, as well as
dispatch and receive correspondence.
ARTICLE 34
(1) Without being restricted by financial controls, regulations or moratoria, to the extent required to
meet its obligations, but subject to sanctions administered by one or more of the Parties, the
Agency:
(a) may hold and use funds or currency of any kind and maintain and operate accounts in any
currency and convert any currency held by it into any other currency; and
(b) shall be free to transfer its funds or currency from the Host Country to another country, or
within the Host Country.
(2) In the event of the Host Country foreseeing or experiencing a serious balance of payments or
external financial difficulties, the GIGO shall consult urgently with the Host Country to consider
requests to limit the transfer of funds or currency.
ARTICLE 35
(1) Within the scope of its official activities, the GIGO, its property, assets and income shall be
exempt from all direct taxation.
(2) Articles imported, exported or transferred by the GIGO for its official use shall be exempt from
customs duties, taxes and other levies, or prohibitions or restrictions on imports, exports or
transfers. It is understood, however, that articles imported under such exemption shall not be sold
in the Host Country except under conditions agreed with its Government. It is also understood
that such exemption shall not require the Parties to permit the import, export or transfer of articles
contrary to national arms control regimes or related laws and regulations.
(3) With respect to taxes on goods and services which are purchased by the GIGO and are strictly
necessary for the exercise of its official activities, the GIGO shall enjoy exemption or relief from
the payment of such taxes on important purchases, in accordance with the usual practices of the
Host Country. For the purposes of this Convention, important purchases shall be interpreted as
the purchase of goods or the provision of services of a value exceeding the threshold, if applicable,
provided for under the legislation of the Host Country in respect of international organisations.
These requirements, however, shall not affect the general principles laid down in this paragraph.
ARTICLE 36
The GIGO shall not claim exemptions under Article 35 from taxes which are, in fact, no more than
charges for public services.
ARTICLE 37
(1) Members of the SC and any subordinate committees established by the SC, as well as national auditors designated by each Party, together "representatives of the Parties", shall, within and with respect to any Host Country, while exercising their functions and in the course of their journeys to and from the place of meeting, enjoy the following privileges and immunities:
(a) immunity from personal arrest and detention;
(b) immunity from legal process, even after the termination of their mission, in respect of acts, including words spoken and written, done by them in the exercise of their functions. Such immunity shall not apply, however, in the case of motor traffic offences committed by a representative of a Party, nor in the case of damage caused by a motor vehicle or other mode of transport belonging to or driven by him/her;
(c) inviolability for all their official papers and documents;
(d) the right to use codes and to receive documents or correspondence by special courier or sealed bags;
(e) exemption from measures restricting entry and from aliens' registration formalities; and
(f) the same facilities in the matter of currency and exchange control as are accorded to the representatives of foreign governments on temporary official missions.
(2) Privileges and immunities are accorded to representatives of the Parties not for their personal advantage, but in order to ensure complete independence in the exercise of their functions in connection with the GCAP. Consequently, the sending Party should waive the immunity of a representative wherever retaining it would impede the proper administration of justice.
(3) This Article shall not apply in respect of the Party of which a representative is a national or permanent resident.
ARTICLE 38
(1) The Agency Personnel shall enjoy the following privileges and immunities:
(a) within and with respect to any Host Country, immunity from legal process with respect to words spoken or written and all acts performed by them in their official capacity. Such immunity shall continue notwithstanding that the persons concerned may have ceased to be Agency Personnel, but only on matters pertaining to their former role within the Agency. Such immunity shall not apply, however, in the case of motor traffic offences committed by the Agency Personnel, nor in the case of damage caused by a motor vehicle or other mode of transport belonging to, driven by or operated on behalf of any of the Agency Personnel;
(b) within and with respect to any Host Country, inviolability for all their official papers and documents; and
(c) within and with respect to the Host Country where their usual workplace is located, the same repatriation facilities for them and their accompanying family members forming part of the household which are granted to foreign diplomats in times of international crisis.
(2) Paragraph (1)(a) shall not apply to nationals or permanent residents of the respective Host Country as far as violations of national laws regarding the protection of classified information provided for in Chapter IX are concerned.
(3) Paragraph (1)(c) shall not apply to nationals or permanent residents of the Host Country.
ARTICLE 39
The Agency Personnel who are not nationals or permanent residents of the Host Country shall enjoy, within and with respect to the Host Country where their usual workplace is located, the following privileges and immunities:
(a) exemption from taxation on salaries and emoluments paid to them by the GIGO;
(b) exemption with respect to them and their accompanying family members forming part of the household from immigration restrictions or alien registration procedures, as are normally accorded to staff members of international organisations; and
(c) the right to import free of customs duties, at the time of first taking up their post, their furniture and effects, in one or more separate shipments, which shall be despatched within a reasonable period of time, and in any case within 6 months of the date of entry into the Host Country.
ARTICLE 40
The Government of the Host Country shall issue to the Agency Personnel, whose usual workplace is located within its territory and who are not nationals or permanent residents of the Host Country, and to their accompanying family members forming part of the household, an identity card specifying the holder's status, in accordance with the applicable laws and regulations of the Host Country.
ARTICLE 41
(1) Accompanying family members forming part of the household of the members of Agency Personnel, who are not nationals or permanent residents of the Host Country, are allowed to carry out self-employed or salaried work in the territory of the Host Country where the usual workplace of the member of Agency Personnel is located in accordance with the applicable laws and regulations of the Host Country.
(2) According to the above, the competent authorities of the Host Country shall issue a work permit to the accompanying family members engaged in work activity.
ARTICLE 42
Without prejudice to the privileges and immunities accorded by this Convention, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of any Host Country, and not to interfere in the internal affairs of any Host Country.
ARTICLE 43
(1) The GIGO and its personnel shall cooperate at all times with the competent authorities of any Host Country to facilitate the proper administration of justice, secure the observance of laws and regulations concerning police, fire prevention, public health and labour inspection and other similar legislation, and prevent the occurrence of any abuse in connection with the facilities, privileges and immunities provided for in this Convention.
(2) Privileges and immunities are granted to personnel in the interest of the GIGO and not for the personal benefit of the individuals themselves.
(3) Subject to paragraphs (4) and (5), in respect of the Agency Personnel and the Premises, property, and assets of the GIGO, the CE alone shall have the right and duty to waive any immunity. The CE shall waive any relevant immunity in any case where, in his/her opinion, the immunity would impede the proper administration of justice. The CE shall consult the SC relating to any potential waiver of immunity. The SC shall hold discussions within no more than one week of first being notified of the need for such consultation and shall provide the CE with its non-binding view as to waiver in such time period as is appropriate in light of all the circumstances.
(4) In respect of the CE and the Directors referred to in Article 14(2), the SC alone shall have the right and duty to waive any immunity. The SC shall waive any relevant immunity in any case where in its opinion the immunity would impede the proper administration of justice.
(5) In respect of members of the SC, including members of any subordinate committees of the SC, and the national auditors designated by each Party, the Party of whom the individual is a representative, or by whom they are designated as the case may be, shall have the right and duty to waive immunity. That Party shall waive any relevant immunity in any case where, in its opinion, the immunity would impede the proper administration of justice.
(6) Except for the immunities set forth in Article 38, this Convention shall not limit or derogate to the jurisdiction of each Party with respect to criminal offences committed by its nationals or permanent residents.
(7) Should the Host Country consider that an abuse of any of these privileges or immunities has occurred, the CE shall, upon request, consult with the Host Country to determine whether any such abuse has occurred. If such consultation fails to achieve a result satisfactory to the CE and to the Host Country, the matter shall be determined in accordance with the procedure set out in Article 57.
ARTICLE 44
(1) The Government of any Host Country shall take all appropriate measures necessary to facilitate the entry into, sojourn in and departure from the Host Country of the following persons, irrespective of their nationality:
(a) the Agency Personnel; and
(b) accompanying family members forming part of the household of the Agency Personnel.
ARTICLE 45
The GIGO shall ensure that the Agency Personnel are covered by adequate health and social security
arrangements. The health arrangements shall also cover accompanying family members forming part
of the household of the Agency Personnel who are not nationals or permanent residents of the Host
Country in which the member of Agency Personnel's usual workplace is located.
ARTICLE 46
(1) The Agency Personnel shall be exempt from all compulsory contributions to social security
bodies of the Host Country where their usual workplace is located. Nevertheless, the Agency
Personnel have the possibility to contribute to the social security system of the Host Country
where their usual workplace is located on a voluntary basis and consequently benefit from it,
provided that such contribution is permitted by the Host Country. Complementary arrangements,
as appropriate, may be formulated in order to entitle the Agency Personnel to benefit from
services provided by the health system of the Host Country.
(2) Paragraph (1) shall apply to accompanying family members forming part of the household of the
Agency Personnel unless they are employed or self-employed in that Host Country or otherwise
entitled to receive social security benefits by that Host Country.
(3) In the event of any inconsistency between this Convention and any bilateral agreements in force
between the Parties concerning social security, this Convention shall prevail.
(4) Paragraphs (1) and (2) shall not apply to nationals or permanent residents of the Host Country.
ARTICLE 47
For the purposes of this Convention, the term "accompanying family members forming part of the
household" shall be defined in accordance with the policies and the legislation of the Host Country.
CHAPTER VIII
ACCESSION OF ADDITIONAL PARTIES AND COOPERATION WITH NON-PARTIES
ARTICLE 48
(1) In case of engagement by non-Parties interested in acquiring information about the GCAP, the Agency shall inform the SC to obtain direction.
(2) Such engagement may take the form of exploratory discussions with non-Parties interested in joining this Convention and the GCAP.
ARTICLE 49
(1) Unanimous consent of the SC shall be required in order to permit the Agency to conduct negotiations with potential additional Parties.
(2) Unanimous consent of the Parties shall be required to take a final decision about any non-Parties acceding to this Convention.
ARTICLE 50
(1) Each Party shall support, to the maximum extent possible, in accordance with legal obligations and regulations, and with due consideration of the direct interests of national security, the intention of one of the Parties to export or transfer items and information generated within or through the GCAP to non-Parties.
(2) Should one of the Parties have concerns about the possibility of exporting to a non-Party, the Parties shall initiate high-level consultations without undue delay in order to exchange their assessments and find appropriate solutions.
ARTICLE 51
(1) The Parties shall create and maintain a common mechanism for facilitating exports of GCAP systems, subsystems, and technology to non-Parties. Such a mechanism shall be described in a further arrangement between the relevant authorities of the Parties.
(2) The Agency, under the supervision and control of the SC, shall administer the above mentioned mechanism to the extent permitted by the Parties' national laws.
(3) The mechanism shall reflect this Convention, applicable international agreements and any other legal obligations and regulations, including arms control regime commitments, of the Parties.
CHAPTER IX
SECURITY
ARTICLE 52
(1) The SC shall establish a security governance subordinate committee, composed of security experts representing each Party. The security governance subordinate committee shall provide advice to the SC on security policy. The detailed mechanisms for the operation of the security governance subordinate committee shall be described in a further arrangement between the relevant authorities of the Parties.
(2) The SC shall maintain a security policy, to be defined in the further arrangement referred to in Article 53, that ensures a common degree of protection for Classified Information in all security domains, including cyber resilience.
(3) For the purposes of this Convention, "Classified Information" means any information, document or material the unauthorised disclosure of which could cause prejudice to the interests of the Parties or the GIGO, whether such information originates within the GIGO or is received from the Parties or is exchanged between the Parties, and which has been so designated by a security classification.
ARTICLE 53
The Parties and the GIGO shall protect and safeguard Classified Information, in accordance with the provisions that shall be detailed in a further arrangement between the relevant authorities of the Parties. These provisions shall be without prejudice to any bilateral security agreements in force between the Parties concerning the protection of Classified Information.
CHAPTER X
LIABILITY AND CLAIMS
ARTICLE 54
The international liability arising from the activities of the GIGO, including those resulting from any act or omission by the Agency Personnel and members of the SC and any subordinate committees in the performance of their duties, shall fall entirely on the GIGO itself and shall not be borne by any Party.
ARTICLE 55
The GIGO shall indemnify the Parties against:
(a) any loss or damage to any property in the ownership, possession or custody of the Party, which is caused by wilful misconduct or negligence in the performance of the duties, or in connection therewith, by the Agency Personnel and members of the SC and any subordinate committees;
(b) any loss incurred by the Party through having to compensate a third party for loss of or damage to the latter's property or for personal injury, arising from wilful misconduct or negligence in the performance of the duties, or in connection therewith, by the Agency Personnel and members of the SC and any subordinate committees; and
(c) any loss incurred in case of any international liability referred to in Article 54.
ARTICLE 56
In the cases referred to in Article 55, the GIGO and the affected Party or Parties shall engage in good faith discussions to reach a mutually acceptable resolution to make good such loss or damage.
CHAPTER XI
SETTLEMENT OF DISPUTES
ARTICLE 57
Any dispute between the Parties or between the GIGO and the Parties, concerning the interpretation or application of this Convention, shall be settled by consultation.
ARTICLE 58
(1) Any dispute arising from contracts concluded by the GIGO for the implementation of the GCAP, which cannot be settled through the dispute settlement clauses specified in each contract, shall be submitted to a conciliation subordinate committee established by the SC. The appropriate procedures and structure of the conciliation subordinate committee shall be defined in a further arrangement between the relevant authorities of the Parties.
(2) Each contract to be concluded by the GIGO with Industry shall, whenever possible, provide for conciliation in accordance with paragraph (1) and include an arbitration clause.
ARTICLE 59
Any dispute between the Agency and its personnel concerning an employment contract or working conditions shall be settled in accordance with the Agency staff rules and internal regulations as set out by the Agency. In this regard, the employment contract shall ensure the protection of workers' rights which reflect best practice of the Parties.
ARTICLE 60
If a third party claims that damage or injury has been caused by the GIGO, the Agency Personnel, members of the SC or any subordinate committees, and the immunities are not waived, the SC shall take all appropriate steps to deal with the claim and, if the claim is justified, to settle it.
CHAPTER XII
FINAL PROVISIONS
ARTICLE 61
This Convention shall be implemented in accordance with applicable international law and the obligations arising from the Parties' membership of relevant regional and subregional organisations.
ARTICLE 62
(1) Any Party may seek, in writing and with a period of notice, to undertake a review of this Convention as well as to amend this Convention at any time. All the Parties, through the SC, shall consult on the proposed amendment and it shall only be adopted in the case of unanimous consent.
(2) Any amendment shall be subject to ratification or acceptance by all the Parties. Unless otherwise agreed between the Parties, any amendment shall enter into force on the first day of the month following the expiration of a period of three months after the depositary has received notification of ratification or acceptance from all the Parties. The depositary shall notify all the Parties of the date of entry into force of any amendment.
(3) This Convention shall not be subject to reservations.
(4) This Convention shall be subject to ratification or acceptance by all the Parties. This Convention shall enter into force on the day following the deposit of the last instrument of ratification or acceptance of the Parties.
ARTICLE 63
(1) Once this Convention has entered into force, a non-Party that wishes to become a Party may be invited by the Parties, in accordance with the provisions included in Chapter VIII, to accede to this Convention.
(2) This Convention, as amended according to Article 62(2), shall enter into force for such a new Party on the day following the deposit of its instrument of accession.
ARTICLE 64
(1) All the Parties may unanimously decide to dissolve the GIGO and shall define methods for managing the consequences of the dissolution, notably in respect of third parties and contractual partners of the GIGO, and taking into consideration the financial contribution of each Party. The Parties shall also define, whenever appropriate, the conditions under which the rights and responsibilities of the GIGO shall be transferred to the Parties following dissolution.
(2) The Agency shall be kept informed about the dissolution procedure and actively participate in the negotiations.
(3) The dissolution of the GIGO shall be effective following the written consent of all the Parties.
(4) Without prejudice to Article 66, this Convention shall remain in force until all the Parties by unanimous consent consider that the GCAP and any incidental issues arising from it are complete.
ARTICLE 65
(1) If one of the Parties wishes to withdraw from the Convention, a consultation between the Parties shall be held. If, on completion of these consultations, the Party concerned still wishes to withdraw, it shall notify its withdrawal in writing to the depositary, who shall inform the other Parties and the CE. Unless otherwise stipulated in the arrangement referred to in paragraph (2), the withdrawal shall take effect 12 months following the date the notification was received by the depositary.
(2) The withdrawing Party shall fulfil all its commitments up to the effective date of withdrawal. The fulfilment of its commitments shall be defined in an arrangement between the relevant authorities of the Parties and assessed by the Parties.
ARTICLE 66
In the event of termination, or if one of the Parties withdraws, in accordance with Articles 64(1), 64(4) and 65(2), any outstanding obligations with respect to costs, legal claims, the protection of Classified Information or other sensitive information, shall remain binding unless otherwise determined unanimously by all the Parties.
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