AGREEMENT between the Government of THE REPUBLIC of Latvia and the Council of Europe concerning the status of the Council of Europe Information Office in Riga (Republic of Latvia)

The Government of the Republic of Latvia and the Council of Europe,

With reference to Resolution (99) 9 of the Committee of Ministers of the Council of Europe on the creation of the Council of Europe Information Offices to succeed the present Information and Documentation Centres on the Council of Europe,

Taking into consideration that the Republic of Latvia is a contracting party to the General Agreement on Privileges and Immunities of the Council of Europe, concluded in Paris on 2 September 1949,

Considering that it is necessary to conclude an Agreement to settle certain issues linked with the establishment of the Council of Europe Information Office in Riga (Republic of Latvia),

Have agreed as follows:

Article 1

For the purposes of this Agreement the following definitions shall apply:

a) “IOCE” means the Council of Europe Information Office in Riga;

b) “Government” means the Government of the Republic of Latvia;

c) “Officials of the IOCE” means all the members of the IOCE staff employed under the staff regulations and rules of the Council of Europe with the exception of staff recruited locally.

Article 2

The IOCE possesses juridical personality. It shall have the capacity to conclude contracts, to acquire and dispose of movable goods. The IOCE is part of the Council of Europe and is financed from the Council of Europe budget.

The Council of Europe appoints the Head of IOCE in Riga. He will lead the IOCE. The Council of Europe shall inform the Government of this appointment.

Article 3

The Government shall contribute to the activities of the IOCE by providing adequate premises free of rent. Council of Europe will cover all other charges.

The Government shall ensure that the IOCE is at all times supplied with the necessary public services and that such services are supplied on equitable terms.

Article 4

As a Council of Europe institution, the IOCE shall benefit from the provisions of the General Agreement on Privileges and Immunities of the Council of Europe, concluded in Paris on 2 September 1949.

Article 5

The premises of the IOCE shall be inviolable. The IOCE property, funds and assets, wheresoever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation or any other form of interference whether by executive, administrative, judicial or legislative action.

The archives of the IOCE and all documents belonging to it or held by it shall be inviolable.

Funds, assets, income and other IOCE property shall be exempted from:

a) any form of direct taxes, on condition that the IOCE will not claim exemption from payment for local public services;

b) customs duties, prohibitions and restrictions on articles imported or exported by the IOCE for its official use, provided that articles imported under such exemption will not be sold in Latvia, except under conditions approved by the Government;

c) customs duties, prohibitions and restrictions on imports and exports in respect of its publications.

Article 6

The IOCE shall enjoy, for its official communications, treatment at least as favourable as that accorded to the diplomatic mission of any government, in respect of priorities, tariffs and charges on mail, cablegrams, telephotos, telephone, telegraph, telex and other communications, as well as rates for information to the press and radio.

The Government shall secure the inviolability of the IOCE official communications and correspondence including all electronic communications (i.e. Email, web site …) and shall not apply any censorship to its communications and correspondence. Such inviolability without limitation by reason of this enumeration shall extend to publications, photographs, slides, films and sound recordings.

Article 7

IOCE officials shall enjoy the following privileges and immunities:

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

b) exemption from taxation on the salaries and emoluments paid to them by the Council of Europe.

The Secretary General of the Council of Europe shall communicate to the Government of the Republic of Latvia the names of the officials of the IOCE to which the privileges and immunities provided for in Article 18 of the General Agreement on Privileges and Immunities of the Council of Europe shall apply.

As far as the waiver of IOCE official’s immunity is concerned, Article 19 of the General Agreement on Privileges and Immunities of the Council of Europe shall apply.

Article 8

Personnel recruited locally to perform services for the IOCE shall enjoy immunity from legal process in respect of words spoken or written and any act performed by them in their official capacity.

Article 9

The IOCE will benefit from all resources, equipment and documentation previously held at the disposal of the Information and Documentation Office of the Council of Europe; these assets remain the property of the Council of Europe.

Article 10

This Agreement shall be implemented on a temporary basis from the date of its signing and shall enter into force on the date on which the Council of Europe is notified by the Government of the completion of the internal procedures necessary for its entry into force.

This Agreement shall remain in force for the duration of the presence of the IOCE in the Republic of Latvia.

This Agreement is done in four copies. Two copies of this Agreement in Latvian and two copies in English, both texts being of equal authenticity,

Signed in Strasbourg

on 23 October 2001.

For the Government of the the Republic of Latvia Georgs Andrejevs

Ambassador Extraordinary and Plenipotentiary of Latvia to the Council of Europe

For  Council of Europe Walter Schwimmer

General Secretary of the Council of Europe