Regarding the resident mission of the Asian Development bank

24.09.1997

Agreement

between The Government of the Republic of Uzbekistan and The Asian Development Bank

The Government of the Republic of Uzbekistan (hereinafter referred to as the Government) and

The Asian Development Bank (hereinafter referred to as the Bank),

DESIRING to conclude an agreement regarding the Resident Mission of the Bank in Uzbekistan,

HAVE AGREED as follows:

ARTICLE I

Definitions

Section 1. Wherever used in this Agreement, unless the context otherwise requires, the following terms have the following meanings:

(a) "appropriate authorities of Uzbekistan" means such authorities in Uzbekistan as may be appropriate in the context and in accordance with the laws and customs applicable in Uzbekistan;

(b) "archives of the Bank" means all records, correspondence, documents and other materials belonging to, or held by or on behalf of, the Bank;

(c) "dependents" means the dependents of the Officers and Staff of the Resident Mission, and includes their spouses, parents, children and other persons who are primarily dependent on such personnel for financial support;

(d) "Laws of Uzbekistan" means the Constitution and laws of Uzbekistan, including decrees, resolutions, ordinances, and other legal acts in force in Uzbekistan;

(e) "meetings convened by the Bank" means meetings of the Bank or the Resident Mission, including any international conference or other gathering convened by the Bank or the Resident Mission, and any commission, committee or sub-group of any of such meetings;

(f) "Member Country" means a country which is a member of the Bank;

(g) "members of the household staff" means persons, other than nationals of Uzbekistan, employed in the domestic staff of Officers and Staff of the Resident Mission;

(h) "Officers and Staff of the Bank" means all personnel of the Bank;

(i) "Officers and Staff of the Resident Mission" means all personnel of the Bank appointed by the Bank to the Resident Mission;

(j) "property" of the Bank means all assets of the Bank and includes funds, income and rights belonging to, or held or administered by, the Bank.

(k) "Representatives of Member Countries" means accredited officials of delegations of the Member Countries and include all alternates, advisers and technical experts assisting such officials;

(l) "Resident Mission" means the Resident Mission of the Bank in Uzbekistan;

(m) "Resident Mission Seat" means the premises occupied by the Resident Mission, including any buildings and the land ancillary thereto as may be utilized for the purposes of the Resident Mission;

(n) "Resident Representative" means the principal executive official of the Resident Mission appointed by the Bank; and

(o) "Uzbekistan" means the Republic of Uzbekistan.

ARTICLE II

Juridical Personality

Section 2. The Bank shall have full juridical personality and, in particular, full capacity:

(a) to contract;

(b) to acquire and dispose of immovable and movable property; and

(c) to institute legal proceedings.

Section 3. Pursuant to the provisions of Section 2 of this Agreement, the Bank may acquire, by purchase or otherwise, land and other immovable property as may be required for the purposes of the Resident Mission Seat and for the accommodation of Officers and Staff of the Resident Mission and their dependents.

ARTICLE III

Immunities of the Bank

Section 4. Subject to the provisions of Article 50 of the Agreement Establishing the Asian Development Bank, the Bank and its property shall enjoy immunity from every form of legal process.

Section 5. Property of the Bank shall be immune from search, requisition, confiscation, expropriation or any other form of taking or foreclosure by executive or legislative action.

Section 6. The archives of the Bank shall be inviolable, wherever located.

ARTICLE IV

The Resident Mission Seat

Section 7. The Bank may establish a Resident Mission in Uzbekistan to facilitate the efficient conduct of the operations of the Bank in Uzbekistan.

Section 8. The Resident Mission shall be headed by a Resident Representative and shall be staffed with such other personnel as may be appointed thereto by the Bank.

Section 9. The Government shall, if requested, assist the Bank to secure premises necessary for the Resident Mission Seat and the facilities required for the establishment and operations of the Resident Mission.

ARTICLE V

Inviolability of the Resident Mission Seat

Section 10. (a) The Resident Mission Seat shall be inviolable and shall be under the control and authority of the Bank. No authorities of Uzbekistan shall enter the Resident Mission Seat to perform any duties therein without the consent of, and under conditions agreed to by, the Bank or the Resident Mission.

(b) The Bank shall have the power to make rules and regulations operative within the Resident Mission Seat for the full and independent exercise of its operations and performance of its functions.

Section 11. Except as otherwise provided in this Agreement, the Laws of Uzbekistan shall apply within the Resident Mission Seat, and the courts of Uzbekistan shall have jurisdiction over acts done in the Resident Mission Seat.

ARTICLE VI

Protection of the Resident Mission Seat

Section 12. (a) The appropriate authorities of Uzbekistan shall exercise due diligence to ensure that the tranquility of the Resident Mission Seat is not disturbed by any person attempting unauthorized entry or creating disturbances in the immediate vicinity of the Resident Mission Seat.

(b) If so requested by the Bank or the Resident Mission, the appropriate authorities of Uzbekistan shall provide a sufficient number of police for the preservation of law and order in the Resident Mission Seat and for the removal therefrom of offenders.

ARTICLE VII

Public Services

Section 13. The Government shall assist the Bank to secure services required to maintain the Resident Mission Seat in a condition suitable for the effective discharge of the functions of the Resident Mission.

Section 14. (a) The Government shall ensure that the Resident Mission Seat is provided, on terms not less favorable than those accorded to any other international organization or government including its diplomatic mission in Uzbekistan, with the necessary public services, including post, telephone, telegraph, electricity, gas, heating, water, sewerage, drainage, collection of refuse and fire protection, of a quality not inferior to those provided to any other international organization or government including its diplomatic mission. In case of any interruption or threatened interruption of any of such services the Government shall take appropriate steps to ensure that the operations of the Resident Mission are not prejudiced.

(b) Where electricity, gas or water is supplied by the appropriate authorities of Uzbekistan or bodies under their control, the Resident Mission shall be supplied at special tariffs which shall not exceed the lowest rates accorded to any other international organization or government including its diplomatic mission in Uzbekistan.

(c) The Government shall always grant allotments of gasoline or other fuels and lubricating oils for vehicles and any other means of transportation required for the official use of the Bank (including for the use of Officers and Staff of the Bank) in quantities and at rates prevailing for any other international organization and government including its diplomatic missions in Uzbekistan.

Section 15. The Government shall, if requested, assist the Bank to secure suitable housing accommodation for Officers and Staff of the Resident Mission and their dependents.

ARTICLE VIII

Property of the Bank and Taxation

Section 16. The Bank, its property and its operations and transactions shall be exempt from:

(a) all taxation and any obligation for the payment, withholding or collection of any tax or duty;

(b) all customs duties, taxes and other levies on any goods, articles, including motor vehicles, spare parts and publications, imported or exported by the Bank for its official use (including articles imported by the Bank for the use of Officers and Staff of the Resident Mission), and any obligation for the payment, withholding or collection of any customs duties. Any goods and articles imported under such exemption may be disposed of locally, subject to such terms as may be agreed upon with the Government which shall not be less favorable than those applicable to any other international organization and government including its diplomatic mission in Uzbekistan; and

(c) all prohibitions and restrictions on imports and exports in respect of goods or articles, including motor vehicles, spare parts and publications, intended for the official use of the Bank (including articles imported by the Bank for the use of Officers and Staff of the Resident Mission).

ARTICLE IX

Financial Facilities

Section 17. Notwithstanding financial controls, regulations or moratoria of any kind, the Bank may, in Uzbekistan, freely:

(a) purchase, hold and dispose of any funds, currencies, financial instruments and securities, operate accounts in any currency, engage in financial transactions and conclude financial contracts; and

(b) transfer its funds, currencies, financial instruments, securities, to or from Uzbekistan, from or to any other country or within Uzbekistan and convert any currency held by it into any other currency.

Section 18. The Government shall provide the Bank, in exchange for any convertible currency, the national currency of Uzbekistan in such amounts as the Bank may from time to time require for meeting expenditures of the Bank in Uzbekistan, at the prevailing official exchange rate and at the conditions applicable to any other international organization and government including its diplomatic mission.

Section 19. For the purposes of meeting local currency expenditures in Uzbekistan for the establishment and maintenance of the Resident Mission Seat and for the effective discharge of the functions of the Resident Mission, the Bank may utilize any portion of the subscriptions of Uzbekistan to the capital stock of the Bank which have been paid in the national currency of Uzbekistan.

ARTICLE X

Freedom of Assembly

Section 20. The Bank shall have the right to convene meetings within the Resident Mission Seat, or with the concurrence of the appropriate authorities of Uzbekistan, elsewhere in Uzbekistan.

Section 21. At meetings convened by the Bank, the Government shall ensure that no impediment is placed in the way of full freedom of discussion and decision.

ARTICLE XI

Communications

Section 22. The Bank shall enjoy in Uzbekistan for its official communications treatment not less favorable than that accorded by the Government to any other international organization or government including its diplomatic mission in Uzbekistan, in the matter of priorities, rates and surcharges on mail, cables, telegrams, telexes, radiograms, telefax, telephone and other means of communications, and press rates for information to the press, radio and television.

Section 23. The Government shall ensure that the Bank shall be accorded the same rates and treatment as may be granted to any other international organization or government including its diplomatic mission in Uzbekistan with respect to the use of transportation facilities.

Section 24. All communications to and from the Resident Mission by whatever means or in whatever form transmitted shall be immune from censorship and any other form of interception or interference with their privacy.

Section 25. The Bank shall have the right in Uzbekistan to use codes and to dispatch and receive correspondence and other communications either by courier or in sealed bags which shall have immunities and privileges not less favorable than those accorded to diplomatic couriers and bags.

Section 26. The Bank may install and operate in Uzbekistan point-to-point telecommunication facilities and other communication and transmission facilities as may be necessary to facilitate communications with the Resident Mission both from within and outside Uzbekistan.

ARTICLE XII

Transit and Residence

Section 27. The Government shall take all measures required to facilitate the entry into, residence and freedom of movement in, and departure from Uzbekistan, of the following persons without any restriction, subject to the national security concerns of Uzbekistan, and irrespective of nationality:

(a) Representatives of Member Countries and their spouses;

(b) Officers and Staff of the Bank and their families;

(c) Officers and Staff of the Resident Mission and their dependents and members of their household staff; and

(d) Other persons invited by the Bank or the Resident Mission on official business. The Bank or the Resident Mission shall communicate the names and positions of such persons to the Government.

Section 28. The provisions of Section 27 of this Agreement shall be applicable irrespective of the relations existing between the Government of Uzbekistan and the government of any of the persons referred to in Section 27 of this Agreement.

Section 29. No Laws of Uzbekistan restricting the entry of aliens or regulating the conditions of their stay shall apply, subject to the national security concerns of Uzbekistan, to persons referred to in Section 27 of this Agreement.

Section 30. The Government shall take appropriate steps and issue to its concerned departments, embassies, legations, consulates and any other offices representing the interests of Uzbekistan, general instructions to grant visas to any persons referred to in Section 27 of this Agreement without any delay, waiting period, or payment of any charges, and without ordinarily requiring their personal presence.

Section 31. The Government and the Bank may consult on methods of facilitating entry into Uzbekistan, and the use of available means of transportation, by persons coming from abroad and visiting the Resident Mission who do not enjoy the privileges conferred by this Article or under the Agreement Establishing the Asian Development Bank.

ARTICLE XIII

Privileges and Immunities of the Officers and Staff of the Bank

Section 32. Officers and Staff of the Bank, including experts performing missions for the Bank, shall enjoy within and with respect to Uzbekistan the following privileges and immunities:

(a) Immunity from legal process with respect to words spoken or written and all acts performed by them in their official capacity, except when the Bank waives the immunity;

(b) Exemption from taxation on or in respect of the salaries and emoluments paid by the Bank;

(c) Exemption in respect of exchange restrictions not less favorable than that accorded to officials of comparable rank of diplomatic missions;

(d) The same repatriation facilities in time of international crises, together with their dependents and members of their household staff, as are accorded to diplomatic envoys; and

(e) The right to import, free of duty, taxes and other levies, prohibitions and restrictions on imports, their furniture, appliances, and other effects including automobiles, and other articles for personal use and consumption and not for gift or sale. If the previously imported articles and effects (including automobiles) are to be sold, conveyed or transferred, due notice shall be given by the Bank to the Government prior to such sale, conveyance or transfer; and

(f) The right to import after first taking up their posts in Uzbekistan, free of duty, taxes and other levies, and without prohibitions and restrictions on imports, reasonable quantities of food stuff and other articles for personal use and consumption and not for gift or sale, in accordance with procedures to be established between the Government and the Bank which shall not be less favorable than those applicable to any other international organization and government including its diplomatic mission in Uzbekistan.

Section 33. Officers and Staff of the Resident Mission, their dependents and members of their household staff shall be exempt from national service obligations in Uzbekistan. This exemption shall not apply to nationals of Uzbekistan. Should Officers and Staff of the Resident Mission who are nationals of Uzbekistan be called for national service, including military service, the Government shall make every effort to grant deferment when in the opinion of the Bank serious dislocation in its essential operations may occur.

Section 34. In addition to the immunities and privileges specified in Section 32 and 33 of this Agreement, the Resident Representative, including any official appointed by the Bank to act on behalf of the Resident Representative during the Resident Representative's absence from duty, shall be accorded personally and in respect of his or her spouse and minor children, the privileges and immunities, exemptions and facilities accorded to diplomatic envoys in accordance with international law.

Section 35. Persons, other than Officers and Staff of the Bank and experts performing missions for the Bank, who are invited to the Resident Mission Seat by the Bank or the Resident Mission on official business, shall be accorded the privileges and immunities specified in Section 32 of this Agreement except those specified in paragraphs (e) and (f) thereof, provided further that the persons are not of Uzbekistan nationality.

Section 36. The Bank shall from time to time communicate to the Government the names of those Officers and Staff of the Bank and other persons to whom the provisions of this Article and Article XII shall apply prior to their arrival in Uzbekistan.

Section 37. All persons enjoying the privileges, exemptions and immunities specified in this Agreement shall be provided by the Government with a special identity card which shall serve to identify the holder to the appropriate authorities of Uzbekistan and to certify that the holder enjoys the privileges and immunities specified in this Agreement.

Section 38. The privileges, immunities, exemptions and facilities accorded in this Agreement are granted in the interest of the Bank and not for the personal benefit of the individuals themselves. The Bank shall waive the immunity accorded to any person if, in its opinion, such immunity would impede the course of justice and the waiver would not prejudice the purposes for which the immunities are accorded.

Section 39. The Bank shall take every measure to ensure that the privileges, immunities, exemptions and facilities conferred by this Agreement are not abused and for this purpose shall establish such rules and regulations as it may deem necessary and expedient. There shall be consultation between the Government and the Bank, should the Government consider that an abuse has occurred.

ARTICLE XIV

Settlement of Disputes

Section 40. Any dispute between the Government and the Bank concerning the interpretation or application of this Agreement or any supplementary agreements, or any question affecting the Resident Mission Seat or the relationship between the Government and the Bank, which is not settled by negotiation or other agreed mode of settlement, shall be referred for final decision to a tribunal of three arbitrators: one to be appointed by the Government, one to be appointed by the Bank, and the third, who shall be chairman of the tribunal, to be chosen by the first two arbitrators. Should the first two arbitrators fail to agree upon the third, the Government and the Bank shall request the President of the International Court of Justice to choose the third arbitrator. A majority vote of the arbitrators shall be sufficient to reach decision which shall be final and binding. The third arbitrator shall be empowered to settle all questions of procedure in any case where there is disagreement with respect thereto.

Section 41. The tribunal referred to in Section 40 of this Agreement shall adopt and observe the "Optional Rules for Arbitrating Disputes between two Parties of which only one is a State" of the Permanent Court of Arbitration.

ARTICLE XV

Other Provisions

Section 42. Wherever this Agreement imposes obligations on the authorities of the Republic of Uzbekistan other than the Government, the Government shall ensure the fulfillment of such obligations.

Section 43. None of the provisions of this Agreement shall be deemed to modify or amend the Agreement Establishing the Asian Development Bank, or impair or limit the rights, immunities, privileges or exemptions provided for and specified in the Agreement Establishing the Asian Development Bank.

Section 44. The Government and the Bank may enter into such supplementary agreements as may be necessary within the scope of this Agreement.

Section 45. This Agreement is executed in English in two counterparts, each of which shall be considered an original.

Section 46. This Agreement shall enter into force upon completion of all the procedures by the Government that are required under the laws of Uzbekistan to render this Agreement effective.

IN WITNESS WHEREOF, the respective representatives duly authorized thereto, have signed this Agreement.

(signatures)