WHEREAS
The Organization of American States has maintained headquarters in the City of
Washington, D.C., in the United States of America since its origins in 1890; is the public
international organization with the longest uninterrupted presence in the United States;
and intends to maintain its headquarters in Washington, D.C., pursuant to Articles 91 and
126 of its Charter; and
WHEREAS
Article 138 of the Charter of the Organization provides that, "The Organization of
American States shall enjoy in the territory of each Member such legal capacity,
privileges, and immunities as are necessary for the exercise of its functions and the
accomplishment of its purposes"; and
Article 139 of the Charter further provides that, "The representatives of the
Member States on the organs of the Organization, the personnel of their delegations, as
well as the Secretary General and Assistant Secretary General shall enjoy the privileges
and immunities corresponding to their positions and necessary for the independent
performance of their duties"; and
WHEREAS
The President of the United States in Executive Order 10533 designated the Organization
as a public international organization entitled to certain privileges, exemptions, and
immunities provided for by the International Organizations Immunities Act of the United
States, 22 U.S.C. Sections 288-288i (1945), as amended; and
The Organization and the Government of the United States are parties to an agreement on
the privileges and immunities of the representatives, interim and alternate
representatives, and advisers of the missions of the member states to the Organization,
and of the permanent and alternate observers of non-member states, which entered into
force on March 20, 1975; and
WHEREAS
The Organization and the Government of the United States, in recognition of the close
hemispheric ties and the harmonious relations that have always existed between the two
parties, desire to formalize the status of the Organization in the United States; to
extend to certain Organization officials privileges and immunities befitting their status;
and to regulate conditions for the operation of the Organization in the United States;
THE ORGANIZATION OF AMERICAN STATES AND THE GOVERNMENT OF THE UNITED STATES HEREBY
AGREE AS FOLLOWS:
PART ONE -- GENERAL PROVISIONS
ARTICLE I -- DEFINITIONS
Section 1
"Organization" and "Organization of American States" mean the
international organization established by the Charter of the Organization of American
States, and include any and all organs, agencies, and entities encompassed by Article 52
of the Charter that (1) have a presence in the United States; (2) are dependent on the
General Assembly of the Organization of American States for the determination of their
regular operating budget; and (3) are dependent upon the General Secretariat of the
Organization of American States for their permanent secretariat services.
"Organization" and Organization of American States" do not include any
other organ, agency, or entity encompassed by Article 52 except to the extent that this
Agreement has been extended to such other organ, agency, or entity pursuant to Article XX
of this Agreement.
Section 2
"Charter" means the Charter of the Organization of American States adopted in
Bogota, Colombia, in 1948, entered into force 1951, and amended by the Protocol of Buenos
Aires in 1967 and by the Protocol of Cartagena de Indias in 1985.
Section 3
"Permanent Council" means the Permanent Council provided for in Chapter XII
of the Charter.
Section 4
"Secretary General" means the Secretary General of the Organization elected
pursuant to Article 113 of the Charter, or his duly authorized designee.
Section 5
"General Secretariat" means the General Secretariat of the Organization
provided for in Chapter XVII of the Charter.
Section 6
"Headquarters" means the premises used for purposes of the Organization that
are described in Annex A as well as such other premises as may from time to time be
included therein by supplemental agreement pursuant to Article XVIII of this Agreement.
Section 7
"Property of the Organization" means all real, personal, and other property,
including, without limitation, funds and assets belonging to the Organization, by
whomsoever held; funds and assets held or administered by the Organization in furtherance
of its functions under the Charter, by whomsoever held, including, without limitation, the
Organization's Retirement and Pension Fund; and, in general, all income of the
Organization.
Section 8
"Officials of the Organization" means (a) all persons considered to be staff
members of the Organization under the General Standards To Govern The Operations Of The
General Secretariat of the Organization of American States and (b) those persons elected
or otherwise appointed in their personal capacity by the General Assembly of the
Organization to perform official functions for the Organization.
Section 9
"Appropriate United States authorities" means such federal, state, or local
(including District of Columbia) authorities in the United States as may be appropriate in
the context and in accordance with the laws and customs of the United States, including
the laws and customs of any state or local government involved.
Section 10
"The Government" means the federal Government of the United States.
Section 11
"Secretary of State" means the Secretary of State of the United States or his
duly authorized designee.
Section 12
"IOIA" means the International Organizations Immunities Act of the United
States, 22 U.S.C. Sections 288-288i (1945), as amended.
PART TWO -- STATUS OF THE ORGANIZATION
ARTICLE II -- LEGAL PERSONALITY
The Organization and the General Secretariat shall have legal personality and the
capacity to contract, to acquire and to dispose of real and personal property, and to
institute legal proceedings.
ARTICLE III -- RIGHT TO HOLD CURRENCY
Section 1
Without being restricted by financial controls, regulations, or moratoria of any kind,
the Organization may hold funds, gold, or currency of any kind and operate accounts in any
currency. The Organization shall be free to transfer its funds, gold, or currency to and
from the United States or within the United States and to convert any currency held by it
into any other currency.
Section 2
In exercising its rights under this Article, the Organization shall pay due regard to
any representations or relevant laws and regulations of the United States insofar as the
Organization considers that effect can be given to such representations, laws, and
regulations without detriment to the interests of the Organization.
ARTICLE IV -- GENERAL PRIVILEGES
Section 1
The Organization shall enjoy immunity from suit and every form of judicial process.
Such immunity can only be waived by the Organization expressly, with respect to the
particular matter in issue, and in writing.
Section 2
Property of the Organization shall be immune from search, requisition, confiscation,
expropriation and any other form of interference, whether by executive, administrative,
judicial, or legislative action. No waiver of immunity relative to property of the
Organization shall extend to any measure of execution unless that waiver expressly states
that it is a waiver of immunity from execution upon such property.
Section 3
The archives of the Organization, and in general all documents belonging to it or held
by it, shall be inviolable wherever located.
Section 4
The Organization and property of the Organization shall be:
(a) Exempt from all direct taxes, including property, sales, use, and excise taxes;
provided, however, that the Organization shall not be exempt from user fees or taxes which
are, in fact, charges for specific services rendered;
(b) Exempt from customs duties and prohibitions and restrictions on imports in respect
of articles imported into the United States by the Organization for its official use,
except prohibitions and restrictions relating to health and safety; provided, however,
that articles imported under this exemption will be sold or otherwise disposed of in the
united States only under conditions agreed to by the Secretary of State; and
(c) Exempt from customs duties and prohibitions and restrictions on imports and exports
in respect to its publications.
ARTICLE V -- EMPLOYMENT AUTHORITY
The Organization shall have exclusive jurisdiction over the resolution of any and all
disputes and matters arising out of, related to, or deriving from employment in, by, or
with the Organization. In all such disputes, the Internal Law of the Organization provided
for in Article XII below shall apply.
ARTICLE VI -- OFFICIAL TRAVEL DOCUMENT
Section 1
The Organization may issue an Official Travel Document to officials of the
Organization. That Document shall be recognized and accepted as a valid travel document by
the appropriate United States authorities if it shows the bearer's origin, identity, and
nationality, if any; if it is clearly identified as an official Organization document
intended for international travel; and if it bears a notation that the bearer is traveling
on official business of the Organization.
Section 2
There shall be no charge to holders of the Organization's Official Travel Document for
applications for visas required for official purposes, when accompanied by a certificate
from the Organization that the visa is requested for travel on the business of the
Organization. Such applications shall be dealt with as speedily as possible.
ARTICLE VII -- COMMUNICATIONS
Section 1
(a) The Government shall permit and protect free communication on the part of the
Organization for all official purposes. The official correspondence and other official
communications of the Organization shall be inviolable and no censorship shall be applied
to them.
(b) The Organization shall have the right to use codes and to dispatch and receive its
correspondence by courier or in bags, which shall have the same privileges and immunities
as diplomatic couriers and bags.
Section 2
(a) In accordance with Article 141 of the Charter, the correspondence of the
Organization, including printed matter and parcels, bearing the frank thereof, shall be
carried free of charge in the mails of the United States. The obligations of the
Government under this Section and Article 141 of the Charter shall, however, be subject to
the continued cooperation of other member states in enforcing the provisions of that
Article within their respective territories.
(b) The Organization shall enjoy such treatment as is necessary for the exercise of its
functions and the accomplishment of its purposes with respect to press rates for
information to the press, radio, and television, and with respect to priorities, rates and
taxes on cables, telegrams, radiograms, telephotos, telephones, telexes, computers, other
communications, and mails other than the mails of the United States.
Section 3
(a) The Government recognizes that the Organization must have access to
telecommunications facilities adequate to ensure that it can perform its functions.
(b) To this end, the Organization shall use commercial communications facilities in the
area in and around the Headquarters, including at such buildings as may temporarily be
used by the Organization. The Organization will be free to procure any commercial
communications facilities available in such area without the specific approval of the
Government, excepting only such commercial communications facilities as normally would
require licensing by the United States Federal Communications Commission. In the event
that a specific Federal Communications Commission license is required, application
therefor shall be made by the United States Department of State on behalf of the
Organization. The Department undertakes to ensure the receipt of such licenses as may be
required on a reasonable and timely basis.
(c) When commercial communications facilities in the area in and around the
Headquarters, or at such buildings as may temporarily be used by the Organization, are
incapable of meeting the Organization's telecommunications service requirements, the
Organization may, subject to the written approval of the appropriate United States
authorities, establish and operate its own communications facilities, as follows:
(i) The Organization will consult with the Department prior to the procurement of any
communications facilities in order that the Department may advise the Organization whether
specific approval to use the radio frequency spectrum will be required. In the event that
such approval is required, application therefor shall be made by the Department of State
on behalf of the Organization. The Department undertakes to ensure the assignment of
specific frequencies on a reasonable and timely basis.
(ii) In its procurement of communications facilities, the Organization shall take into
account fully the requirement of this subsection for the written approval of the
appropriate United States authorities and, as appropriate, the advice of the Department
with respect to use of the radio frequency spectrum.
ARTICLE VIII -- SETTLEMENT OF PRIVATE DISPUTES
Section 1
Without prejudice to the immunities conferred by the IOIA or this Agreement, the
Organization shall make provisions for appropriate modes of settlement of disputes for
which jurisdiction would exist against a foreign government under Section 1605(a)(2)-(6)
of the United States Foreign Sovereign Immunities Act of 1976 ("FSIA"), as
amended, and as to which the Organization is a party and asserts immunity under Section 1
of Article IV of this Agreement. In all such cases, each party shall bear its own
attorneys fees and no damages in excess of actual damages shall be recoverable, except as
otherwise expressly agreed by the parties. Federal, state, and local laws of the United
States shall otherwise apply to the resolution of disputes pursuant to such modes of
settlement; provided, however, that disputes between the Organization and officials of the
Organization shall be resolved only in accordance with the Internal Law of the
Organization provided for in Article XII, below, and only by institutions established or
recognized by the Organization for that purpose.
Section 2
In the event that the parties to a dispute to which this Article applies cannot agree
upon a mode of settlement, the following provisions shall apply:
(a) Except as provided in subparagraph (b) of this Section, the appropriate mode of
settlement shall be binding arbitration in accordance with the procedures of the American
Arbitration Association or the Inter-American Commercial Arbitration Commission, at the
election of the Organization; provided, however, that no arbitrator or arbitration
tribunal shall have authority to issue an order that a court or other judicial authority
is precluded from issuing under the IOTA with respect to the property, archives, or
officials of the Organization.
(b) Small claims shall be resolved in accordance with the procedures established in
Annex C, which may be changed from time to time by agreement of the parties. For the first
five years that this Agreement is in effect, a small claim shall be a claim of no more
than $2,000. Thereafter, the amount of a small claim shall be established by agreement
between the Secretary General and the Secretary of State; in the absence of such
agreement, however, the amount shall be increased, but never decreased, effective January
1 of each year in accordance with the Consumer Price Index for All Urban Consumers (CPI/U)
for the Washington, D.C. area published by the United States Department of Labor's Bureau
of Labor Statistics.
PART THREE -- HEADQUARTERS
ARTICLE IX -- INVIOLABILITY
Section 1
The Headquarters shall be inviolable. The Headquarters, their furnishings, and other
property thereon and all means of transportation belonging to the Organization shall be
immune from search, requisition, attachment, or execution. The service and execution of
legal process, including the seizure of private property, may take place within the
Headquarters only with the consent of and under conditions approved by the Secretary
General. Federal, state, or local officials of the United States, whether administrative,
judicial, military, or police, shall not enter the Headquarters, except with the consent
of and under conditions agreed to by the Secretary General. The consent of the Secretary
General may be assumed in the case of fire or other similar disaster that threatens the
public safety and requires prompt protective action, for the limited purpose of taking
such protective action as may be necessary.
Section 2
(a) The appropriate United States authorities shall take all appropriate steps to
protect the Headquarters against any intrusion or damage and to prevent any disturbances
of the peace of the Headquarters or impairment of its dignity.
(b) If so requested by the Secretary General, the appropriate United States authorities
shall maintain law and order within the Headquarters and remove therefrom persons as
requested under the authority of the Organization. The Secretary General shall, if
requested, enter into arrangements with the appropriate United States authorities to
reimburse them for the reasonable cost of such services.
Section 3
(a) Without prejudice to Articles XIII and XIV of this Agreement, the Organization
shall prevent the Headquarters from becoming a refuge for persons who are avoiding arrest
under the federal, state, or local law of the United States; who are required by the
Government for extradition to another country; or who are endeavoring to avoid service of
legal process.
(b) The Headquarters shall not be used in any manner incompatible with the functions of
the Organization as laid down in the Charter or in any special agreements in force between
the Government and the Organization.
Section 4
The inviolability, privileges and immunities conferred by this Agreement upon the
Headquarters shall immediately cease to apply to any part thereof that the Organization
ceases to occupy and use in the performance of its official functions.
ARTICLE X -- POSSESSION, USE AND ENJOYMENT
Section 1
The appropriate United States authorities shall take whatever action may be necessary
to assure that the Organization shall not be dispossessed of the premises in the United
States comprising the Headquarters.
Section 2
The appropriate United States authorities will, to the extent requested by the
Secretary General, exercise their powers with respect to public services to ensure that
the Headquarters shall be supplied on equitable terms with the necessary public services,
including electricity, water, gas, mail, telephone, telegraph, fire protection, snow
removal, collection of refuse, drainage, and similar services. In case of any interruption
or threatened interruption of any such services, the appropriate United States authorities
will consider the needs of the Organization as being of equal importance with like needs
of similar international organizations.
Section 3
The appropriate United States authorities shall take all reasonable steps to ensure
that the amenities of the Headquarters are not prejudiced and that the purposes for which
the Headquarters is required are not obstructed by any use made of the land in the
immediate vicinity of the Headquarters. The Organization on its part shall take all
reasonable steps to ensure that the amenities of the land in the vicinity of the
Headquarters are not prejudiced by any use made by the Organization of the Headquarters or
of the land in the immediate vicinity of the Headquarters.
Section 4
The Organization shall notify the Secretary of State prior to purchasing or otherwise
acquiring any property that it may wish to request be added to Annex A.
ARTICLE XI -- DISPOSITION
If the Organization ceases to use for its Headquarters all or part of the Main Building
or the Administration Building; or if the Organization ceases to use the Administration
Building as an office building for its sole use; or if the seat of the General Secretariat
and the Permanent Council is removed from Washington, D.C.; or if for any other reason the
Organization decides to convey or otherwise dispose of its interests in the Main Building
or the Administration Building, then:
(a) The Organization shall give the Secretary of State prior notice.
(b) If the notice pertains to the Administration Building, the Government shall have
the option to purchase the interest of the Organization in the Administration Building at
a purchase price that shall be the fair market value of the land and its improvements,
less the fair market value of any portion of the land that was donated to the Organization
by the Government. If any such notice pertains to the Main Building the Government shall
have the option to purchase the Main Building at a purchase price that shall be the fair
market value of the land and its improvements. These options will expire if not exercised
within a reasonable amount of time.
(c) In the event the Government and the Organization fail to agree upon the applicable
purchase price, the purchase price shall be decided by taking the average of the
appraisals of two independent appraisers chosen jointly by the Organization and the
Government. If the parties cannot agree on the independent appraisers, the parties shall
appoint arbitrators in accordance with Article XIX of this Agreement, and the arbitrators
shall appoint the independent appraisers. The costs of the appraisals shall be shared
equally by the parties.
ARTICLE XII -- LAW AND AUTHORITY IN THE HEADQUARTERS
Section 1
(a) The Headquarters shall be under the control and authority of the Organization as
provided in this Agreement.
(b) For the purpose of establishing the necessary legal order for the exercise of its
functions, the Organization shall have the power to make and apply within the Headquarters
the Internal Law of the Organization. The Organization shall determine the scope and
substance of that Internal Law, which includes, but is not limited to: the Organization's
Charter; its General Standards; its Retirement and Pension Plan; published rules and
regulations of the Organization; international agreements to which the Organization is a
party; the jurisprudence of tribunals duly constituted by the Organization for the
resolution of internal disputes; long-standing administrative practices of the
Organization uncontradicted by the Organization's published norms; and the federal, state,
and local laws of the United States in those cases where those laws are not inconsistent
with any of the above and their application would not interfere with the ability of the
Organization or officials of the Organization to exercise the Organization's functions and
to accomplish its purposes.
Section 2
The right of the Organization to expel or exclude persons from the Headquarters shall
include, but not be limited to, the right to expel or exclude persons for violations of
the Internal Law of the Organization and the federal, state, and local criminal laws of
the United States. Persons who violate the federal, state, or local criminal laws of the
United States may be subject to criminal penalties or to detention under arrest only in
accordance with the provisions of applicable federal, state, and local United States laws;
this provision shall not be construed, however, to limit the Organization's authority to
levy fines or other assessments under its Internal Law for infringements thereof.
Section 3
(a) The Organization shall observe the fire protection regulations, and shall endeavor
to comply substantially with the health and safety regulations, other than the reporting
and record-keeping requirements, of appropriate United States authorities without
prejudice to its privileges and immunities under this Agreement. Where the fire protection
regulations of the appropriate United States authorities are inconsistent with the
Internal Law of the Organization, the regulations shall control.
(b) Notwithstanding any other provision of this Agreement, and without prejudice to the
privileges and immunities enjoyed by the Organization and officials of Organization under
this Agreement, the federal, state, and local criminal laws of the United States shall
apply within the Headquarters. Where those federal, state, and local criminal laws are
inconsistent with the Internal Law of the Organization, those criminal laws shall govern.
Section 4
(a) Except in matters in which the Organization, officials of the Organization sued
solely in their official capacity, or officials of the Organization acting in their
official capacity in relation to their official functions are party defendants and are
immune from judicial process, or except as otherwise stated in this Agreement, the
federal, state, and local courts of the United States shall have jurisdiction over acts
done and transactions taking place at the Headquarters as provided in applicable federal,
state, and local laws and shall determine the applicable law governing such acts.
(b) The federal, state, and local courts of the United States, when dealing with cases
arising out of or relating to acts done or transactions taking place in the Headquarters,
shall take into account the Internal Law of the Organization recognized under Section 1 of
this Article.
PART FOUR -- PERSONS AFFILIATED WITH THE ORGANIZATION
ARTICLE XIII -- OFFICIALS
Section 1
Except as provided in Section 3 of this Article, officials of the Organization shall:
(a) Be immune from suit and legal process relating to acts performed by them in their
official capacity and falling within their official functions except insofar as such
immunity is waived by the Organization.
(b) Be exempt from taxation, whether by local, state, or federal authorities of the
United States, which has been or may hereafter be imposed on monies paid to them by the
Organization that constitute salaries, emoluments, or other compensation under the
Internal Law of the Organization.
(c) Be immune from national service obligations.
(d) Together with members of their families forming part of their households, be immune
from immigration restrictions and from alien registration and fingerprinting requirements.
(e) Be accorded the same privileges in respect of currency exchange facilities as are
accorded to officials of comparable rank forming part of diplomatic missions to the United
States.
(f) Together with members of their families forming part of their households, be given
the same repatriation facilities in time of international crisis as diplomatic agents.
(g) Have the right to import free of duty their furniture and effects at the time of
first taking up their post in the United States.
Section 2
(a) In addition to the immunities and privileges specified in Section 1 of this
Article, those officials of the Organization listed in Annex B shall be accorded in
respect of themselves, their spouses, and their minor children, subject to corresponding
conditions and obligations, the privileges and immunities accorded to diplomatic agents.
Other high-ranking officials of the Organization may be added to Annex B, and shall
thereafter also have the privileges and immunities accorded to diplomatic agents, upon
request by the Secretary General and approval of the Secretary of State.
(b) When traveling on the Organization's Official Travel Document and on the
Organization's business, those persons accorded privileges and immunities under this
Section shall be granted the same facilities accorded to diplomatic agents.
Section 3
(a) Paragraph (d) of Section 1 of this Article, regarding immunity from immigration
restrictions and alien registration, shall not apply to members of the family of an
official of the Organization elected or otherwise appointed in his or her personal
capacity by the General Assembly of the Organization to perform official functions for the
Organization unless such official is also a staff member of the Organization as described
in Section 8 of Article I of this Agreement. Paragraph (g) of Section 1, regarding the
right to import, shall not apply to an official of the Organization elected or otherwise
appointed in his or her personal capacity by the General Assembly of the Organization to
perform official functions for the Organization unless such official is also such a staff
member.
(b) Paragraph (b) of Section 1 of this Article, regarding exemption from taxation on
salaries and emoluments; paragraph (c) of Section 1, regarding immunity from national
service obligations; paragraph (g) of Section 1, regarding duty-free import of furniture
and personal effects; and Section 2 of this Article shall not apply with respect to United
States nationals or permanent residents.
Section 4
(a) Officials of the Organization and members of their immediate families, other than
nationals and permanent residents of the United States, shall, insofar as concerns laws
regulating entry into and departure from the United States, be entitled to the same
privileges, exemptions, and immunities as are accorded under similar circumstances to
officials of comparable rank forming part of diplomatic missions to the United States, and
members of their families; provided, however, that:
(i) No official of the Organization shall be excluded from the United States on account
of any activities performed by such individual in his or her official capacity in relation
to his or her official functions.
(ii) No official of the Organization shall be required to leave the United States on
account of any activities performed by such official in his or her official capacity in
relation to his or her official functions. Nor shall any such official be required to
leave the United States prior to consultation between the Secretary of State and the
Secretary General. Should the Secretary of State determine, with respect to activities
performed by an official of the Organization other than in his or her official capacity in
relation to his or her official functions, and after such consultation, that the continued
presence in the United States of the official is not desirable, the Secretary of State
shall so inform the Organization and, after such official shall have had a reasonable
length of time, to be determined by the Secretary of State, to depart from the United
States, such official shall cease to be entitled to the benefits of an official of the
Organization under this Agreement.
(b) The laws and regulations in force in the United States regarding the entry of
aliens shall not be applied in such manner as to interfere with the privileges referred to
in paragraph (a) of this Section.
(c) Laws and regulations in force in the United States regarding the residence of
aliens shall not be applied to officials of the Organization in such manner as to
interfere with any privileges conferred by Section 1 of this Article.
Section 5
This Article shall not be construed to prevent the United States from requiring
reasonable evidence to establish that persons claiming the rights granted by this Article
are entitled to such rights, or the reasonable application of quarantine and health
regulations.
ARTICLE XIV -- EXPERTS
Section 1
Persons, other than officials of the Organization, who are experts performing missions
for the Organization shall be accorded the following privileges and immunities provided
they have been notified to and accepted by the Secretary of State as provided for in
Section 3 of this Article:
(a) Immunity from suit relating to acts performed by them in their official capacity
and falling within their functions as such experts, except insofar as such immunity may be
waived by the Organization.
(b) Inviolability for-all papers and documents.
(c) For the purpose of their communications with the Organization, the right to use
codes, the right to receive papers or correspondence by courier or in sealed bags, and the
right to use telecommunications equipment, computers, and telexes as needed.
(d) The same facilities in respect of currency exchange as are accorded to
representatives of foreign governments on temporary official missions.
(e) The same immunities and facilities in respect of their personal baggage as are
accorded to diplomatic agents.
Section 2
(a) Experts of the Organization, other than nationals and permanent residents of the
United States, shall be entitled, insofar as concerns laws regulating entry into and
departure from the United States, alien registration and fingerprinting, to the same
treatment as is accorded to representatives of foreign governments on temporary official
missions; provided, however, that no expert of the Organization shall be excluded from the
United States on account of any activities performed by such official in his or her
official capacity and relating to his or her official functions as an expert.
(b) Applications for visas from experts performing missions for the Organization, when
accompanied by a certificate that they are traveling on the business of the Organization,
shall be dealt with as speedily as possible.
Section 3
In the event that the Organization wishes an expert on a mission for the Organization
to receive the benefits of this Article, it shall so notify the Secretary of State. The
expert shall be presumed to have been accepted by the Secretary of State until such time
as the Organization is advised otherwise.
ARTICLE XV -- OTHER PERSONS
Section 1
The appropriate United States authorities shall take appropriate steps to facilitate
transit to or from the Headquarters of (a) persons invited to the Headquarters by the
Organization on official business, and (b) representatives of the press or of radio, film,
or other information agencies who have been accredited by the Organization in its
discretion after consultation with the Government.
Section 2
At the request of the Secretary General to the Secretary of State, the appropriate
United States authorities will consult with the Organization concerning the possibility of
admitting to the United States persons abroad who wish to visit the Headquarters and who
are not covered by Section 1 of this Article.
ARTICLE XVI -- CONDITIONS UNDER WHICH PRIVILEGES ARE GRANTED
Section 1
Any and all privileges and immunities granted to officials of the Organization or to
experts in this Agreement are granted in the interests of the Organization and not for the
personal benefit of the individuals themselves. The Secretary General shall have the right
and the duty to waive the immunity of any official or expert in any case where, in the
Secretary General's opinion, the immunity would impede the course of justice and can be
waived without prejudice to the interests of the Organization. In the case of the
Secretary General, the Permanent Council shall have the right to waive immunity.
Section 2
Without prejudice to their privileges and immunities under this Agreement, it is the
duty of all persons enjoying such privileges and immunities to respect the federal, state,
and local laws and regulations of the United States.
Section 3
The Organization shall make provisions for appropriate modes of settlement of disputes
involving any official of the Organization who by reason of the official's position enjoys
immunity, if immunity has not been waived in writing by the Secretary General.
Section 4
Where a civil action is pending in any court of the United States against any official
of the Organization relating to activities as to which there is no immunity under this
Agreement or under the IOIA, or as to which immunity has been waived, the Organization
shall require that official to appoint an agent prior to leaving the United States to take
up another assignment, to retiring, or to separating from the Organization. That agent
shall be authorized to receive process relating to the civil action on behalf of such
official and, in the event of a final judgment against such official, to receive salary,
pensions, and other remuneration due to such official from the Organization, so that such
salary, pensions, and other remuneration may be available to satisfy such judgment. In the
event that any such official as to whom the Organization has continuing financial
obligations fails to appoint such an agent, the Organization shall have authority to
appoint an agent for him and shall do so. Any agent appointed pursuant to this section
shall be resident in Washington, D.C., or in any other jurisdiction within the United
States that the Secretary General deems appropriate.
Section 5
The Organization shall cooperate at all times with the appropriate United States
authorities to facilitate the administration of justice, to secure the observance of
police regulations, and to prevent the occurrence of any abuse of the privileges,
immunities and facilities mentioned in this Agreement, including any abuses involving
personal domestic staff of officials of the Organization.
Section 6
At the request of the appropriate United States authorities, the Secretary General
shall assist such authorities with arrangements for registering the arrival and departure
of persons who have been granted visas valid only for transit to and from the Headquarters
and for sojourn therein and in its immediate vicinity.
Section 7
Except as otherwise provided in this Agreement, the Government retains full control and
authority over the entry of persons or property into the territory of the United States
and the conditions under which persons may remain or reside therein.
PART FIVE -- MATTERS RELATING TO THIS AGREEMENT
ARTICLE XVII -- SCOPE AND CONSTRUCTION
Section 1
This Agreement shall be construed in light of its primary purpose to enable the
Organization at its Headquarters to discharge its responsibilities and fulfill its
purposes under the Charter fully and efficiently.
Section 2
Nothing in this Agreement shall be construed as in any way limiting the privileges and
immunities conferred on the Organization by the IOIA.
Section 3
Nothing in this Agreement shall be construed as in any way limiting the right of the
United States to safeguard its own security, or its right completely to control the
entrance of aliens into any territory of the United States.
ARTICLE XVIII -- CONSULTATIONS AND IMPLEMENTATION
Section 1
The Secretary General shall communicate regarding the application of the provisions of
this Agreement and other questions affecting the Headquarters of the Organization with the
Secretary of State, and with such other United States authorities as the Secretary of
State shall advise the Secretary General are appropriate.
Section 2
The Secretary General and the appropriate United States authorities may enter into such
supplemental agreements as may be necessary to fulfill the purposes of this Agreement.
Such supplemental agreements may include amendments to the Annexes to this Agreement.
ARTICLE XIX -- SETTLEMENT OF DISPUTES
Any dispute between the Organization and the Government concerning the interpretation
or application of this Agreement or any supplemental agreement relating to the
Headquarters, 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 named
by the Secretary General, one to be named by the Secretary of State, and the third to be
chosen by the two arbitrators named by the Secretary General and the Secretary of State.
ARTICLE XX -- EXTENSION OF THE AGREEMENT TO CERTAIN ENTITIES
The provisions of this Agreement may be extended to any organ, agency, or entity
encompassed by Article 52 of the Charter but not satisfying the requirements set forth in
the first sentence of Section 1 of Article 1 above by the agreement of the Secretary
General, the Secretary of State, and the ranking official of the organ, agency, or entity
in question.
All provisions of this Agreement, including its annexes, shall apply to any organ,
agency, or entity to which this Agreement is so extended; provided, however, that the
parties may agree on how any particular term in a provision of this Agreement will be
understood so that the provision will be appropriate to the organ, agency, or entity in
question.
ARTICLE XXI -- EFFECTIVE DATE AND DURATION
Section 1
This Agreement shall enter into force upon an exchange of notes between the
Organization and the Government confirming that all necessary requirements for entry into
force have been fulfilled.
Section 2
This Agreement shall cease to be in force if the seat of the Permanent Council and the
General Secretariat of the Organization is removed from the United States, except for such
provisions as may be applicable in connection with the orderly termination of the
operations of the Organization at its seat in the United States and the disposition of its
property therein.
IN WITNESS WHEREOF the undersigned, being duly authorized representatives of the
parties, have signed this Agreement and have affixed their seals hereto.
DONE at Washington in duplicate, this fourteenth day of May, 1992.
FOR THE ORGANIZATION FOR THE GOVERNMENT OF THE OF AMERICAN STATES: UNITED STATES OF
AMERICA:
