Статья 12«Соглашение между Правительством Российской Федерации и Международным эпизоотическим бюро об учреждении регионального представительства Международного эпизоотического бюро в Российской Федерации» [рус., англ.]

Вступление Соглашения в силу

Настоящее Соглашение вступает в силу с даты получения Международным эпизоотическим бюро письменного уведомления Правительства Российской Федерации о выполнении им внутригосударственных процедур, необходимых для его вступления в силу.

Действие настоящего Соглашения может быть прекращено любой из Сторон при условии, что она не менее чем за 1 год уведомит по дипломатическим каналам в письменной форме другую Сторону о своем намерении прекратить действие настоящего Соглашения.

Совершено в г. Москве 6 марта 2013 г. в двух экземплярах, каждый на русском и английском языках, причем оба текста имеют одинаковую силу.

BETWEEN THE INTERNATIONAL OFFICE OF EPIZOOTICS AND THE GOVERNMENT OF THE RUSSIAN FEDERATION REGARDING THE ESTABLISHMENT OF THE REGIONAL REPRESENTATION OF THE INTERNATIONAL OFFICE OF EPIZOOTICS ON THE TERRITORY OF THE RUSSIAN FEDERATION

(Moscow, 6.III.2013)

The International Office of Epizootics and the Government of the Russian Federation, hereinafter referred to as the Parties,

Considering the International Agreement creating the Office International des Epizooties into in Paris entered into 25 January 1924,

Considering the Agreement between the Government of the French Republic and the International Office of Epizootics regarding the headquarters of the Office International des Epizooties and its privileges and inviolability at the France territory entered into on 21 February 1977 in Paris,

Considering the membership of the Russian Federation to the International Office of Epizootics since October 20th, 1927,

Considering Resolution No XVI of 23 May 2003 regarding the use of a common name for the International Office of Epizootics,

Willing to formalize hereby the matters related to the establishment of the Regional Representation of the International Office of Epizootics on the territory of the Russian Federation (in Moscow), and to define corresponding obligations, privileges, and immunities of the Regional Representation in the Russian Federation,

Have agreed on the following:

The terms used in this Agreement shall mean the following:

Regional Representation shall mean the organisational division of the International Office of Epizootics in Moscow carrying out its activities in the Russian Federation;

Regional Representative shall mean the officer to be appointed by the Director General of the International Office of Epizootics for managing the Regional Representation;

Employees of the Regional Representation shall mean the employees of the Regional Representation appointed or placed on detached services for work in the Regional Representation by the Director General of the International Office of Epizootics except for persons hired in the Russian Federation on an hourly-pay basis;

Premises of the Regional Representation shall mean the buildings or parts of one or several buildings occupied by the Regional Representation and used by the Regional Representation for the performance of its activities, except for residential premises of its employees;

Property of the Regional Representation shall mean the property including all funds and other assets belonging to the Regional Representation or kept in its possession or management when the Regional Representation performs its functions;

Archive shall mean reports and correspondence, documents, manuscripts, computer data, photographs, films, sound records, and other materials belonging to the Regional Representation or kept in its possession.

1. The Regional Representation is created to allow accomplish activities of the International Office of Epizootics in rendering assistance in the fight against animal infectious diseases.

2. The Regional Representation shall be headed by the Regional Representative.

3. The Regional Representation shall be completed with an additional staff of employees which may be needed for the performance of the functions of the Regional Representation.

4. The scope of the activities of the Regional Representation include:

a) monitoring of the epizootic situation;

b) exchange of operational information and the latest techniques for the fight against epizootics;

c) collection, analysis and dissemination of scientific information of epizootics;

d) assist in improving the legislative base in veterinary medicine;

e) other activities within the competence of the International Office of Epizootics, assigned to the Regional Representation by the Director-General of the International Office of Epizootics.

1. The Government of the Russian Federation shall undertake to transfer an additional annual contribution amounting to at least EUR 100000 for the provision of functioning of the Regional Representation.

2. The Government of the Russian Federation shall assist in searching and (or) undertaking for the provision of functioning of the Regional Representation an office with a separate entrance and isolated premises consisting of at least five rooms and a meeting hall for approximately 15 persons. The costs associated with the provision of specified facilities, as well as furniture and equipment are carried out on a voluntary basis upon additional agreement of the Parties and finalized by a separate Protocol.

3. The budged of the Regional Representation will be set by additional annual contribution of the Russian Federation and membership fees of the International Office of Epizootics member states. International Office of Epizootics shall control the utilisation of the budget of the Regional Representation.

4. International Office of Epizootics shall utilise the additional annual contribution of the Russian Federation for the salary of the employees of the Regional Representation.

5. International Office of Epizootics shall not alienate without consent of the Government of the Russian Federation the movable and immovable property belonging to the Russian Federation and being transferred to the Regional Representation for the performance of its activities for temporary use.

On the territory of the Russian Federation, the Regional Representation shall be vested with the rights of a legal person including the right to enter into contracts, to acquire and dispose of movable and immovable property necessary for its activities, and to act as the claimant and defendant in court.

1. As subject to no limitations of financial control, rules, or moratoria of any kind, the Regional Representation shall be entitled:

a) to receive and keep funds and currency of all kinds and to have accounts in any currency in any country;

b) in respect of the movement of its funds and currency within the territory of the Russian Federation or from the Russian Federation to a different country and vice versa, to enjoy a treatment not less favourable than that granted in the Russian Federation to foreign diplomatic missions.

2. When exercising the rights granted in accordance with the Clause 1 of this Article, the Regional Representation shall take into account all representations from the Government of the Russian Federation.

3. The Regional Representation shall be exempted from any direct taxes on its premises as well as from any other taxes to be imposed on transactions performed exclusively for the needs of the Regional Representation.

4. The premises of the Regional Representation shall be inviolable except in cases stipulated by legislation of the Russian Federation. Representatives of the Government of the Russian Federation shall not be entitled to enter these premises except with the express consent of the Director General of the International Office of Epizootics or its regional representative.

5. The Regional Representation shall take all measures in order to prevent the use of its premises as the asylum for persons who are wanted in relation to the commission of a crime or violation of legislation of the Russian Federation, or in relation to whom the competent authorities of the Russian Federation conduct legal process.

6. All documents belonging to the Regional Representation or kept in its premises as well as its archive shall be inviolable except in cases stipulated by legislation of the Russian Federation.

7. The property and assets of the Regional Representation shall not be subject to seizure, confiscation, requisition, or expropriation or administrative or other legal interference of any other form, except in cases stipulated by legislation of the Russian Federation.

8. Regional Representation is exempt from customs duties, taxes and duties on importation into the territory of the Russian Federation and the re-exportation from the territory of the Russian Federation of goods required for its activities in accordance with this Agreement.

9. When bringing the goods specified in Clause 8 of this Article into or from the territory of the Russian Federation, they shall not be subject to any prohibitions or limitations of economic character.

10. The goods brought into the territory of the Russian Federation in accordance with the procedure provided in Clause 8 of this Article may be alienated at the territory of the Russian Federation only subject to payment of customs duties, taxes and charges and execution of other requirements stipulated by the customs laws of the Customs Union.

1. The Employees of the Regional Representation shall act in accordance with the Russian Federation legislation and shall enjoy the following privileges and immunities:

a) exemption from taxes on salaries or remuneration to be paid by the Regional Representation;

b) exemption from import customs duties and taxes on property intended for their personal use, including vehicles when taking the post for the first time.

2. The provisions of Clause 1 of this Article shall not apply to employees of the Regional Representation who are citizens or permanent residents of the Russian Federation.

3. The Regional Representative of the International Office of Epizootics who is the head of the Regional Representation, the members of his family residing with him, if they are not nationals of the receiving Sate shall enjoy privileges and immunities to the extent specified in the Vienna Convention on Diplomatic Relations of 18 April 1961.

4. The Regional Representative of the International Office of Epizootics who is the Head of the Regional Representation shall be exempt from taxation in relation to the immovable property used by him for residing in the Russian Federation and belonging to him in accordance with the right of ownership.

1. The privileges and immunities provided for by this Agreement shall be granted for the purposes of proper functioning of the Regional Representation and not for personal benefit of individuals.

2. Director-General of the International Office of Epizootics has the right to waive an immunity under this Agreement, if, in his opinion, the immunity can obstruct justice and can be waived without prejudice to the interests of the International Office of Epizootics.

3. International Office of Epizootics and the Regional Representation shall cooperate with the Government of the Russian Federation to facilitate the proper administration of justice, ensure compliance with the requirements of law enforcement bodies and to prevent any abuse in connection with the privileges, immunities and facilities provided in accordance with this Agreement.

The Government of the Russian Federation shall take all measures within the framework of the legislation of the Russian Federation necessary for facilitating the entry into the territory, stay on the territory and exit from the territory of the Russian Federation of employees of the Regional Representation, their family members as well as delegates of member countries of the International Office of Epizootics taking part in conferences and meetings held by the Regional Representation, employees of the headquarters of the International Office of Epizootics, and Regional and Sub-Regional Representations of the International Office of Epizootics.

For official communications, the Regional Representation shall be provided with conditions not less favourable than those enjoyed by diplomatic missions in the state of residence in relation to the priority of transmission of information, tariffs and rates for post, telegraph, telex, facsimile, and telephone communication.

The Regional Representation shall have the right to place the flag and (or) emblem of the International Office of Epizootics on the buildings of its Regional Representation as well as on office motor vehicles.

All disputable issues between the Government of the Russian Federation and the International Office of Epizootics concerning the interpretation and application of this Agreement, unless they were settled by means of negotiations, shall be referred for the final decision, which shall not be subject to appeal, to the Commission consisting of the following:

one arbitrator appointed by the Government of the Russian Federation;

one arbitrator appointed by the International Office of Epizootics;

one arbitrator appointed by both Parties and, if there is no consensus on his candidacy — one arbitrator, appointed at the request of one of the Parties by the Secretary-General of the United Nations Organisation.

This Agreement shall enter into force from the date of receipt by the International Office of Epizootics of the written notification of the Government of the Russian Federation on the fulfilment of intrastate procedures necessary for its entry into force.

This Agreement may be terminated by either of the Parties provided that the Party, not later than 1 year, notifies the other Party, through diplomatic channels in the written form, of its intent to terminate the effect of this Agreement.

Signed in Moscow 6 March 2013 year in two counterparts each in the Russian and English languages, with both texts having equal force.

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