Статус Соглашения о привилегиях и иммунитетах Международного агентства по атомной энергии (Вена, 1 июля 1959 года) [рус., англ.]

Участники: 100

AGREEMENT ON THE PRIVILEGES AND IMMUNITIES OF THE INTERNATIONAL ATOMIC ENERGY AGENCY

Notes: The Agreement was approved by the Board of Governors on 1 July 1959 and is open for acceptance by every Member of the Agency. The Agreement enters into force as regards each Member of the Agency on the date of deposit of that Member's instrument of acceptance, in accordance with Article XII, Section 38.

Parties: 100

<1> The Socialist Federal Republic of Yugoslavia had deposited an instrument of acceptance of the Agreement on 14 October 1963. For each State having notified its succession in respect thereof, the Agreement entered into force on the day when that State became a Member of the Agency.

<2> The Czechoslovak Socialist Republic had deposited an instrument of acceptance of the Agreement on 7 February 1968. For each State having notified its succession in respect thereof, the Agreement entered into force on the day when that State became a Member of the Agency.

<3> The Agreement was accepted by the Federal Republic of Germany. The German Democratic Republic also deposited an instrument of acceptance of the Agreement on 30 October 1974, with a reservation concerning Sections 26 and 34. On 9 October 1990, the Federal Republic of Germany notified the Depositary inter alia that, following the «accession» of the German Democratic Republic to the Federal Republic of Germany with effect from 3 October 1990, the international treaties and agreements to which the Federal Republic of Germany was a contracting party would also apply to the territory of the former German Democratic Republic.

<4> The Socialist Federal Republic of Yugoslavia had deposited an instrument of acceptance of the Agreement on 14 October 1963. The Federal Republic of Yugoslavia (Serbia and Montenegro) had notified the Depositary of its succession to the Convention with effect from 27 April 1992. Following its notification of succession in respect thereof, the Agreement entered into force for Montenegro on the day when it became a Member of the Agency.

<5> The instrument specified that acceptance was «for the Kingdom in Europe, Surinam and the Netherlands Antilles». In view of successive constitutional modifications, on 6 June 2011, the Netherlands provided the Depositary with a status report whereby the Agreement applies to: The Netherlands (European part) as of 29 August 1963, the Caribbean part of the Netherlands (the Islands of Bonaire, Sint Eustatius and Saba) as of 10 October 2010, Aruba as of 1 January 1986, Curaçao as of 10 October 2010 and Sint Maarten as of 10 October 2010.

<6> The Agreement was accepted by the Union of Soviet Socialist Republics (USSR). On 26 December 1991, the Russian Federation notified the Depositary that the participation of the USSR «in all conventions, agreements and international legal instruments which were concluded within the Agency's framework or under its aegis is continued by the Russian Federation».

<7> The Socialist Federal Republic of Yugoslavia had deposited an instrument of acceptance of the Agreement on 14 October 1963. On 28 April 1992 the Federal Republic of Yugoslavia (Serbia and Montenegro) notified the Depositary inter alia that it intended to «continue to fulfil all the rights conferred and obligations assumed by the SFRY in international relations», including «participation in international treaties ratified or acceded to by Yugoslavia.» Subsequently, on 5 February 2002 the Federal Republic of Yugoslavia deposited a notification of succession to the Convention, and this notification became effective on the day when the Federal Republic of Yugoslavia (Serbia and Montenegro) became a Member opf the Agency. On 2 July 2006 the Republic of Serbia notified the Depositary that it intended «to continue to exercise its rights and honour its commitments deriving from international treaties concluded by Serbia and Montenegro.»

<8> The instrument of acceptance spedified that the Government of the United Kingdom would not apply the Agreement «in any of the territories for whose international relations they are responsible other than the Channel Islands and the Isle of Man». On 14 June 1986, the United Kingdom notified the Depositary that it wished to withdraw this territorial restriction.

DECLARATIONS/RESERVATIONS AND OBJECTIONS THERETO

Belarus, Republic of

accepted 02 Dec 1966

Upon acceptance:

«The Byelorussian Soviet Socialist Republic does not consider itself bound by the provisions of Sections 26 and 34 of the Agreement, under which there is an obligation to submit to the jurisdiction of the International Court of Justice. With regard to the question of referring to the International Court of Justice differences arising out of the interpretation or application of the Agreement, the Byelorussian SSR adheres as before to the position that the consent of all parties involved in a dispute must be obtained in each individual case before that dispute can be referred to the International Court of Justice. This reservation applies equally to the provision in Section 34 that the opinion given by the Court shall be accepted as decisive.»

(Original: Russian)

Belgium, Kingdom of

accepted 26 Oct 1965

Upon acceptance:

«In accordance with Article XII, Section 38 of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency, approved by the Board of Governors at Vienna on 1 July 1959. The Government of the Kingdom of Belgium hereby excludes from the application of the said Agreement the provisions contained in the last sentence of Article VI, Section 20.»

(Original: French)

Bosnia and Herzegovina

accepted 11 Jun 2009

Upon acceptance:

«1. The privileges and immunities foreseen by the Agreement shall not apply to any citizens of Bosnia and Herzegovina who are locally-recruited to serve in the country.»

2. The provisions of article VI, section 18, item A, paragraph (iii), relating to immigration restrictions and alien registration, shall apply to officials of the Agency, their spouses and dependent children.

3. With regard to article X, section 34, which stipulates the jurisdiction of the International Court of Justice in unresolved disputes, which may arise in the interpretation and application of this Agreement — the consent of all parties to the dispute must be obtained in each individual case before that dispute is referred to the International Court of Justice.»

Brunei Darussalam

accepted 19 Mar 2018

Upon acceptance:

«The Government of Brunei Darussalam accepts Article VIII, Section 26 and Article X, Section 34 of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency with the reservation that disputes regarding the interpretation of the Agreement shall be referred to the International Court of Justice only with the consent of all parties to the dispute.»

Bulgaria, Republic of

accepted 17 Jun 1968

Upon acceptance:

«The People's Republic of Bulgaria does not consider itself bound by the provisions of Sections 26 and 34 of the Agreement. The People's Republic of Bulgaria considers that a dispute on the interpretation and application of the Agreement may be referred to the International Court of Justice only after the parties to the dispute have given their consent in respect of each individual case. This reservation applies equally to Section 34, which states that the opinion of the Court shall be accepted as decisive by the parties.»

(Original: Bulgarian, with official French translation)

Partial withdrawal received on 11 May 1994:

«[...] by Law dated 12 January 1994 the National Assembly has withdrawn the [...] reservation in respect of Section 34 of the Agreement on the Privileges and Immunities of the IAEA, adopted in Vienna on 1 July 1959. [...]»

Burkina Faso

accepted 28 Mar 2025

Upon acceptance:

«1. Burkina Faso does not consider itself bound by the provisions of Sections 26 and 34 of Articles VIII and X of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency, according to which the International Court of Justice shall have compulsory jurisdiction over any differences arising out of the interpretation or application of the Agreement. Burkina Faso holds that, before a difference can be referred to the International Court of Justice, the consent of all parties involved must be obtained in each individual case.»

2. The privileges and immunities provided for in the Agreement shall not apply on the territory of Burkina Faso to IAEA officials, experts or mission participants who are citizens of Burkina Faso.»

(Original: French)

Canada

accepted 15 Jun 1966

Upon acceptance:

«exemption from liability for any taxes or duties imposed by any law in Canada should not extend to a Canadian citizen residing or ordinarily resident in Canada.»

Chile, Republic of

accepted 08 Dec 1987

Upon acceptance:

«(a) The Government of Chile enters a reservation to the effect that the privileges and immunities granted to the officials of the International Atomic Energy Agency shall not extend to Chilean nationals serving in Chile as officials of the Agency;»

(b) The Government of Chile enters a reservation regarding the provisions of Section 4 in the sense that, in accordance with Chilean constitutional practice and domestic law, the property and assets of the International Atomic Energy Agency may be expropriated under a general or special enactment authorizing expropriation on grounds of public importance or national interest, as established by the legislator.»

(Original: Spanish)

China, People's Republic of

accepted 16 Jul 1984

Upon acceptance:

«[...] The Government of the People's Republic of China [...] wishes to state [...] that it has reservations on Sections 26 and 34, which stipulate that differences shall be referred to the International Court of Justice and the opinion given by the Court shall be accepted as decisive by the parties to the difference.»

(Original: Chinese, with official English translation)

Note received on 22 August 2018:

«The reservations referred to in the [instrument of acceptance by China of the Agreement on the Privileges and Immunities of the Agency] are not intended on the entire provisions of Section 26 of the Agreement, but only on those provisions regarding the reference of differences to the International Court of Justice and the decisiveness of opinions of the Court.»

Cuba, Republic of

accepted 24 Aug 1982

Upon acceptance:

«The Republic of Cuba does not consider itself bound by the provisions of Sections 26 and 34 of Articles VIII and X of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency under which the International Court of Justice shall have obligatory jurisdiction in differences which may arise out of the Interpretation or application of the Agreement. With regard to the competence of the International Court of Justice on such matters, Cuba holds that for a difference to be referred to the Court for settlement the consent of all parties involved must be obtained in each particular case.»

(Original; Spanish)

Czech Republic

succeded 27 Sep 1993

Upon acceptance by the Czechoslovak Socialist Republic, upheld upon succession, but withdrawn on 17 May 2000:

«[...] the Czechoslovak Socialist Republic does not consider itself bound by the provisions of Sections 26 and 34 of the Agreement, which assume the obligatory jurisdiction of the International Court of Justice with regard to differences arising out of the interpretation and application of the Agreement; as regards the competence of the International Court of Justice, the consent of all parties thereto must be obtained in each individual case. This reservation also refers to the provisions of Section 34, according to which the parties shall accept as decisive the opinion given by the International Court of Justice.»

Denmark, Kingdom of

accepted 14 Mar 1962

Upon acceptance:

«Notwithstanding Sections 20 and 32, the Danish Government reserve the right to apply the Danish legislation concerning duties and excise taxes to Danish citizens, and to other persons insofar as they conduct private business in Denmark.»

El Salvador, Republic of

accepted 22 Mar 2024

Upon acceptance:

«With regard to the provisions of Article X, Section 34, the Government of the Republic of El Salvador states that it does not recognize the mandatory jurisdiction of the International Court of Justice.»

(Original: Spanish)

Eritrea, State of

accepted 13 Mar 2020

Upon acceptance:

«The State of Eritrea does not consider itself bound by the provision of Section 6 of Article III and the operation of accounts, transfer of funds and conversion of currency shall be governed by the domestic regulations. As well as the tax exemption provided in Section 8 of the same provision shall not be applicable to Eritrean nationals who work for the Agency in any capacity.»

The immunities specified in this agreement shall not apply to Eritrean nationals working for the Agency. Besides that, the immunity from legal process referred to in Article III, Section 3, Article V, Section 12(a), Article VI,Section 18(a)(i), and Article VII, Section 23(a) and (b), of the Agreement shall not apply either in the case of a civil action instituted by a third party for damages resulting from an accident caused by a motor vehicle belonging to an official of the Agency, a representative of a Member at meetings convened by the Agency or an expert on mission for the Agency, or in the case of traffic violations involving the above vehicles.

The State of Eritrea does not consider itself bound by the provisions of Sections 26 and 34 of the Agreement, under which there is an obligation to submit disputes to the ICJ. Disputes can only be referred to the jurisdiction of the ICJ upon prior consent of the State parties concerned and such decisions shall be made on individual case basis. The reservation also applies equally to the provisions of Section 34, on the decisive nature of the Court's opinion.»

Withdrawal of a reservation and modification of a reservation received on 9 June 2020:

«[...] the Government of the State of Eritrea made reservations to Article 3 sections 6 and 8 of the agreement. [...] the Government of the State of Eritrea, having reviewed the said reservation, hereby withdraws the same.»

[...] the Government of the State of Eritrea made reservations to articles V, sections 12(a), article VI, section 18(a) (i) and article VII, sections 23(a) and b(b) of the agreement. [...] the Government of the State of Eritrea having reviewed the said reservations hereby modifies the same as follows:

The privileges and immunities stated in article V, VI and article VI shall not apply to Eritrean nationals while working in Eritrea.»

Germany, Federal Republic of

accepted 04 Aug 1960

Upon acceptance:

«The Government of the Federal Republic of Germany [.....] reserves, with reference to Article VI, Section 18(a)(ii) of said Agreement, the right to tax citizens of the Federal Republic of Germany inasmuch as this right has not been renounced by double taxation treaties.»

Hungary

accepted 14 Jul 1967

Upon acceptance:

«The Hungarian People's Republic accepts Sections 26 and 34 of the Agreement with the reservation that disputes regarding the interpretation and application of the Agreement shall be referred to the International Court of Justice only with the consent of all parties involved in the given dispute.»

The Hungarian People's Republic makes a reservation also with regard to the provision in Section 34 making the advisory opinion of the Court decisive in certain cases.»

(Original: Hungarian, with official English translation)

Indonesia, Republic of

accepted 04 Jun 1971

Upon acceptance:

«Article II, Section 2(b):»

The capacity of the International Atomic Energy Agency to acquire and dispose of immovable property shall be exercised with due regard to national laws and regulations.

Article X, Section 34:

With regard to the competence of the International Court of Justice in disputes concerning the interpretation or application of the Convention, the Government of Indonesia reserves the right to maintain that in every individual case the agreement of the parties to the dispute is required before the Court for a ruling.

Article VI, Section 18:

The concessions and privileges conferred by the Agreement on the employees of the Agency, other than those which also follow from Article XV of the Statute, such as immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity, should not be admissible to the Indonesian Nationals serving on the staff of the Agency in Indonesia.»

Italy (Italian Republic)

accepted 20 Jun 1985

Upon acceptance:

«1. With regard to the exemption from taxation referred to in Section 18 (a)(ii) of Article VI of the Agreement, the Italian Government reserves the right to take into account the total amount of salaries and emoluments received by the Italian officials of the Agency resident in Italy and by other officials of the Agency permanently resident in Italy, for the purposes of possible taxation of income derived from other sources in Italy.»

«2. The immunity from legal process referred to in Article III, Section 3, Article V, Section 12(a), Article VI, Section 18(a)(i) and Article VII, Section 23(a) and (b) of the Agreement shall not apply either in the case of a civil action instituted by a third party for damages resulting from an accident caused by a motor vehicle belonging to an official of the Agency, a representative of a Member at meetings convened by the Agency or an expert on mission for the Agency, or in the case of violations of traffic laws involving the above vehicles.»

(Original: French)

Jordan, Hashemite Kingdom of

accepted 27 Oct 1982

Upon acceptance:

«The privileges and immunities recognized under this agreement shall not be extended to the officials of the IAEA who are Jordanian nationals if their station is in Jordan itself.»

Korea, Republic of

accepted 17 Jan 1962

Upon acceptance:

«Locally recruited personnel who are considered as officials of the Agency under the Agreement shall not enjoy the privileges and immunities set forth in paragraphs (ii), (iii), (iv), (v) and (vi) of Section 18, and Section 19.»

(Original: Korean, with official English translation)

Luxembourg, Grand Duchy of

accepted 24 Mar 1972

Upon acceptance:

«In applying the provisions of Article XII, Section 38 of the Agreement, Luxembourg will not give effect to the last sentence of Article VI, Section 20.»

(Original: French)

Mexico (United Mexican States)

accepted 19 Oct 1983

Upon acceptance:

«1. In acceding to the Agreement on the Privileges and Immunities of the Agency, which was adopted on 1 July 1959, the Mexican Government declares that the capacity to acquire and dispose of immovable property, mentioned in Article II, Section 2 of the Agreement, shall be subject to applicable national legislation.»

2. Agency officials and experts of Mexican nationality, in the exercise of their functions in Mexican territory, shall enjoy only those privileges which are conferred, as appropriate, by sub-paragraphs (i), (iii) and (vi) of Section 18 and paragraphs (a), (b), (c), (d) and (f) of Section 23, on the understanding that the inviolability mentioned in sub-paragraph (c) of Section 23 shall be granted only for official papers and documents.

3. The Provisions relating to the holding of funds, gold or currency of any kind and of accounts in any currency and to the transfer and convertibility of such currency in Mexican territory shall be subject to the relevant legal provisions in force.»

(Original: Spanish)

Note received on 19 October 1983:

«The Government of Mexico interprets [the reservation contained in paragraph 3] to mean that the relevant legal provisions will be implemented in such a way as not to impede or impair the effective execution of the technical assistance and co-operation programmes in which Mexico is participating.»

(Original Spanish)

Mongolia

accepted 12 Jan 1976

Upon acceptance, but withdrawn on 18 June 1990:

«The Mongolian People's Republic does not consider itself bound by the provisions of Sections 26 and 34 of the Agreement concerning the jurisdiction of the International Court of Justice. The Mongolian People's Republic considers that any dispute arising out of the interpretation and application of the Agreement should be referred to the International Court of Justice with the consent of all parties to the dispute in each individual case. This reservation applies equally to the provision of Section 34 which states that the opinion given by the Court shall be accepted as decisive by the parties.»

Morocco, Kingdom of

accepted 30 Mar 1977

Upon acceptance:

«The IAEA shall take due account of the national laws and regulations in acquiring and possessing immovable property in Morocco;»

The privileges and immunities recognized under the Agreement shall not be extended to the officials of the IAEA who are Moroccan nationals serving in Morocco;

In the case of disputes, any recourse to the International Court of Justice shall be based on the consent of all the parties concerned.»

(Original: Arabic, with official French translation)

Netherlands, Kingdom of the

accepted 29 Aug 1963

Upon acceptance:

«[...] for the purpose of the implementation of the Agreement, the term „country“ in Article III, Sections 6(b) and 8(b) and in Article VI, Section 18(a)(vi) shall be understood to mean „any of the individual countries of the Kingdom (viz. the Netherlands, Surinam and the Netherlands Antilles).“»

In Article VIII, Section 27, the term «country» shall, however, be understood to mean «the Kingdom of the Netherlands».

Communication received on 17 January 1986:

«As of 1 January 1986, the island of Aruba has obtained internal autonomy as a country within the Kingdom of the Netherlands. As from that date, the Kingdom of the Netherlands consists of three countries, viz, the Netherlands, the Netherlands Antilles and Aruba. [...] The said changes [...] have no consequences in international law regarding to treaties concluded by the Kingdom which already apply to the Netherlands Antilles, including Aruba».

Communication received on 12 October 2010:

«With effect from 10 October 2010, the Netherlands Antilles will cease to exist as part of the Kingdom of the Netherlands. From that date onwards, the Kingdom will consist of four parts: the Netherlands, Aruba, Curaçao and Sint Maarten. [...] The modification of the structure of the Kingdom will [...] not affect the validity of the international agreements ratified by the Kingdom for the Netherlands Antilles: these agreements, including any reservations made, will continue to apply to Curaçao and Sint Maarten. The other islands that have until now formed part of the Netherlands Antilles — Bonaire, Sint Eustatius and Saaba — will become part of the Netherlands, thus constituting „the Caribbean part of the Netherlands“. The agreements that now apply to the Netherlands Antilles will also continue to apply to these islands; however, the Government of the Netherlands will now be responsible for implementing these agreements».

Declaration received on 6 June 2011:

«For the purpose of the implementation of the Agreement, the term „country“ in Article III, Sections 6(b) and 8(b) and in Article VI, Section 18(a)(vi) shall be understood to mean „any of the individual countries of the Kingdom (viz the Netherlands, Aruba, Curaçao and Sint Maarten)“.»

In Article VIII, Section 27, the term «country» shall, however, be understood to mean «the Kingdom of the Netherlands».

Oman, Sultanate of

accepted 03 Aug 2010

Upon acceptance:

«In accordance with the text of Article XII. Section 38 of the Agreement, the Sultanate of Oman expresses its reservation in respect of the following Sections:»

Article II. Section 2 (b):

The Agency shall take into consideration the national laws and legal regulations relating to the acquisition and disposal of any immovable property in the Sultanate of Oman.

Article VI. Section 18:

The privileges and immunities in this Section are not applicable to officials of the Agency who have Omani citizenship during the performance of their work in the Sultanate of Oman.

Article X. Section 34:

The Sultanate of Oman is not bound by the established modes for solving and settling disputes, provided for in this Section. There shall be no referral to the International Court of Justice for any case of dispute without the consent of all the parties in the dispute.»

(Original: Arabic)

Pakistan, Islamic Republic of

accepted 16 Apr 1963

Upon acceptance:

«[..] the Government of Pakistan [...] declare their acceptance [...] with the reservation that the concessions and privileges conferred by the Agreement on the employees of the Agency should not be admissible to the Pakistani nationals serving on the staff of the Agency in Pakistan.»

Amended reservation received on 18 October 1966:

«[....] reservation that the concessions and privileges conferred by the Agreement on the employees of the Agency, other than those which also follow from Article XV of the Statute, such as immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity, should not be admissible to the Pakistani nationals serving on the staff of the Agency in Pakistan.»

Poland, Republic of

accepted 24 Jul 1970

Upon acceptance, but withdrawn on 18 June 1997:

«[...] reservation in respect of Sections 26 and 34 of the Agreement that disputes regarding the interpretation and application of the Agreement shall be referred to the International Court of Justice only with the consent of all parties involved in a given dispute. The Polish People's Republic also reserves the right not to accept as decisive the advisory opinion of the International Court of Justice [...].»

Portugal (Portuguese Republic)

accepted 27 Nov 2006

Upon acceptance:

«(A) Article V, Section 12(d) and Article VI, Section 18(a)(iii): the provisions of the Vienna Convention on Diplomatic Relations (1961) shall apply, without exemption from formalities, especially with regard to notification (Article 10);»

(B) Article VI, Section 18(a)(ii): IAEA officials who are recruited locally, whether of Portuguese nationality or foreigners residing permanently in Portugal, shall not enjoy this exemption.»

(Original: Portuguese, with official French translation)

Republic of Moldova

accepted 22 Dec 2008

Upon acceptance:

«Until the full re-establishment of the territorial integrity of the Republic of Moldova, the provisions of the Agreement will be applied only on the territory controlled effectively by the authorities of the Republic of Moldova.»

(Original: Moldovan, with unofficial English translation)

Romania

accepted 07 Oct 1970

Upon acceptance:

«[....] the Socialist Republic of Romania does not consider itself bound by the provisions of Section 34, or by the provisions of Section 26 to the extent that they refer to Section 34. The Socialist Republic of Romania holds the view that differences arising out of the interpretation or application of the Agreement may be referred to the International Court of Justice only with the consent, in each individual case, of all parties to the dispute.»

(Original: French)

Russian Federation

accepted 01 Jul 1966

Upon acceptance:

«The Union of Soviet Socialist Republics does not consider itself bound by the provisions of Sections 26 and 34 of the Agreement, under which there is an obligation to submit to the jurisdiction of the International Court of Justice. With regard to the question of referring to the International Court of Justice differences arising out of the interpretation or application of the Agreement, the [Russian Federation] adheres as before to the position that the consent of all parties involved in a dispute must be obtained in each individual case before that dispute can be referred to the International Court of Justice. This reservation applies equally to the provision in Section 34 that the opinion given by the Court shall be accepted as decisive.»

(Original: Russian)

Saudi Arabia, Kingdom of

accepted 07 Aug 2024

Upon acceptance:

«1) (a) The Kingdom of Saudi Arabia does not consider itself bound by Article X, Section 34 relating to the compulsory jurisdiction of the International Court of Justice in the event of any difference arising out of the interpretation or application of the present Agreement. In each individual case, the consent of the parties to the dispute shall be required for referral of the dispute to the Court for settlement. This reservation also applies to the text in Section 34 stipulating the jurisdiction of the Court in issuing a decisive opinion and its acceptance by both parties with respect to any legal question that may have emerged in relation to differences arising between the Agency and a Member State.»

(b) The Kingdom of Saudi Arabia does not consider itself bound by the settlement mechanism relating to Article X, Section 34, referred to in Article VIII, Section 26 of the Agreement.

2. If the Saudi Arabian authorities suspect that a diplomatic bag or any package therein contains items that may not be sent by diplomatic bag, they may request that the package be opened in their presence and in the presence of a representative designated by the Agency. If this request is denied, the bag or package will be sent back to the place of arrival.

3. The Agency shall observe national laws and regulations regarding the acquisition and disposal of immovable and movable property within the Kingdom of Saudi Arabia.

4. The privileges and immunities established under this Agreement shall not apply to Saudi Arabian officials of the Agency working in the Kingdom of Saudi Arabia.»

(Original: Arabic)

Singapore, Republic of

accepted 19 Jul 1973

Upon acceptance:

«[...] reservation that officials of the Agency, who are Singapore citizens shall not enjoy exemption from taxation on salaries and emoluments paid to them by the Agency.»

Slovakia (Slovak Republic)

succeded 27 Sep 1993

Upon acceptance by the Czechoslovak Socialist Republic, but withdrawn upon succession:

«[...] the Czechoslovak Socialist Republic does not consider itself bound by the provisions of Sections 26 and 34 of the Agreement, which assume the obligatory jurisdiction of the International Court of Justice with regard to differences arising out of the interpretation and application of the Agreement; as regards the competence of the International Court of Justice, the consent of all parties thereto must be obtained in each individual case. This reservation also refers to the provisions of Section 34, according to which the parties shall accept as decisive the opinion given by the International Court of Justice.»

South Africa, Republic of

accepted 13 Sep 2002

Upon acceptance:

«1. The Government of the Republic of South Africa does not consider itself bound by the provisions of Article III, Section 6 in so far as it relates to the buying, selling and holding of gold as certain limitations exist in the Republic regarding the buying, selling and holding of gold.»

Explanatory note: the buying, selling and holding of gold in the Republic is regulated. In terms of Exchange Control Regulation 2 no person other than an Authorised Dealer may buy or borrow any gold from, or sell to, any person not being an Authorised Dealer, unless exemption from Exchange Control Regulation 5 has been authorised (Mining Houses and Mining Producers may elect to sell their total gold holdings to the approved counter parties, including foreign counter parties, provided that the Exchange Control Department of the South African Reserve Bank has given the necessary exemption from the aforementioned regulation).

2. The Government of the Republic of South Africa does not undertake to apply the exemption from taxation in respect of salaries and emoluments referred to in Article VI, Section 18(a)(ii) of the Agreement in respect of any South African citizen who is ordinarily resident in South Africa.

3. Pending a decision by the Government of the Republic of South Africa on the compulsory jurisdiction of the International Court of Justice, the Government of the Republic does not consider itself bound by the terms of Article X, Section 34 of the Agreement which provides for the compulsory jurisdiction of the International Court of Justice in differences arising out of the interpretation or application of the Agreement. The Republic will adhere to the position that, for the submission of a particular dispute for settlement by the International Court, the consent of all the parties to the dispute is required in every individual case. This reservation is equally applicable to the provisions contained in the said section, which stipulate that the advisory opinion of the International Court is to be accepted as decisive.»

Sri Lanka, Democratic Socialist Republic of

accepted 05 Jul 2024

Upon acceptance:

«i. The capacity of the International Atomic Energy Agency to acquire and dispose of immovable property under Article II, Section 2(b) shall be exercised with due regard to national laws and regulations.»

ii. Application of privileges and immunities provided in Section 18 (ii), (iii), (iv), and (v) shall not be extended to the officials of the IAEA who are Sri Lankan nationals serving in Sri Lanka.

iii. Application of privileges and immunities provided in Section 23 (a), Section 23 (b) except immunity granted in respect of words spoken or written or acts done in the performance of their official functions, Section 23 (c) except immunity granted to official papers and documents; and Section 23 (e) shall not be extended to the officials of the IAEA who are Sri Lankan nationals serving in Sri Lanka.

iv. Notwithstanding Sections 20 and 32, the Government of the Democratic Socialist Republic of Sri Lanka reserves the right to apply the national legislation, national policies concerning duties and excise taxes.

v. The provisions relating to the holding of funds, gold or currency of any kind and of accounts in any currency and to the transfer and convertibility of such currency in Sri Lankan territory under Section 6 shall be subject to the relevant national legal provisions in force in the Government of the Democratic Socialist Republic of Sri Lanka.»

Switzerland (Swiss Confederation)

accepted 16 Sep 1969

Upon acceptance:

«With regard to Article VI, Section 19, second paragraph, Switzerland reserves the right not to grant the deferments in call-up requested by the Agency, it being understood however that such requests will receive sympathetic consideration on the part of the competent Federal authorities.»

(Original: French)

Thailand, Kingdom of

accepted 15 May 1962

Upon acceptance:

«...with the reservation that the officials of the Agency to be accorded privileges and immunities according to this Agreement who are of Thai nationality shall not be immune from national service obligation.»

Türkiye , Republic of

accepted 26 Jun 1978

Upon acceptance:

«A) With regard to the postponement of national service of Turkish nationals who will be recruited by the International Atomic Energy Agency with reference to Section 19 of the said Agreement, relevant Turkish legislation shall be applied.»

B) The officials of Turkish nationality who will be missioned in Turkey by the International Atomic Energy Agency, shall be subject to the taxes levied on Turkish nationals. They shall, in accordance with the provisions of part 4, Section 2 of Income Tax Law No. 5421, inform their wages by means of annual declarations.»

Ukraine

accepted 05 Oct 1966

Upon acceptance:

«The Ukrainian Soviet Socialist Republic does not consider itself bound by the provisions of Sections 26 and 34 of the Agreement, under which there is an obligation to refer to the International Court of Justice all disputes arising out of the interpretation or application of the Agreement. With regard to the question of the Court's Jurisdiction in respect of such disputes, the Ukrainian SSR continues to take the view that the consent of all parties involved in a dispute must be obtained in each individual case before that dispute can be referred to the International Court of Justice. This reservation applies equally to the provision in Section 34 that the advisory opinion given by the Court shall be accepted by the parties as decisive.»

(Original: Russian)

United Kingdom of Great Britain and Northern Ireland

accepted 19 Sep 1961

Upon acceptance:

«(1) The Government of the United Kingdom do not undertake to grant any privileges and immunities under Section 18(a)(iii), (v) and (vi), Section 18(b), Section 20, or Section 23(a) and (f) to any person who is citizen of the United Kingdom and Colonies.»

(2) The Government of the United Kingdom, while undertaking to grant privileges and immunities under Section 20 to Deputy Director-General, do not undertake to grant any privileges and immunities under Section 20 to any other official acting of behalf of the Director-General or the Agency during his absence from duty.

(3) [...]» [See the footnote in the status list under United Kingdom.]

Reservation 1 was amended by the United Kingdom by two notes dated respectively 13 July 1962 and 10 December 1965. All reservations were withdran by a communication received on 14 June 1985.