Privileges and Immunities UN

Convention on the Privileges and Immunities of the United Nations

Adopted by the General Assembly of the United Nations on 13 February 1946

ENTRY INTO FORCE: For each State, on the date of deposit of its instrument of accession, in accordance with section 32.

REGISTRATION: 14 December 1946, No. 4.

TEXT: United Nations, Treaty Series, vol. 1, p. 15, and vol. 90, p. 327 (corrigendum to vol. 1).

STATUS: Parties: 141.

Participant

Accession, succession (d)

Afghanistan 5 Sep 1947

Albania 2 Jul 1957

Algeria 31 Oct 1963

Angola 9 Aug 1990

Antigua and Barbuda 25 Oct 1988 d

Argentina 12 Oct 1956

Australia 2 Mar 1949

Austria 10 May 1957

Azerbaijan 13 Aug 1992

Bahamas 17 Mar 1977 d

Bahrain 17 Sep 1992

Bangladesh 13 Jan 1978 d

Barbados 10 Jan 1972d

Belarus 22 Oct 1953

Belgium 25 Sep 1948

Bolivia 23 Dec 1949

Bosnia and Herzegovina 1 Sep 1993 d

Brazil 15 Dec 1949

Bulgaria 30 Sep 1960

Burkina Faso 27 Apr 1962

Burundi 17 Mar 1971

Cambodia 6 Nov 1963

Cameroon 20 Oct 1961 d

Canada 22 Jan 1948

Central African Republic 4 Sep 1962 d

Chile 15 Oct 1948

China 11 Sep 1979

Colombia 6 Aug 1974

Congo 15 Oct 1962 d

Costa Rica 26 Oct 1949

Côte d'Ivoire 8 Dec 1961 d

Croatia 12 Oct 1992 d

Cuba 9 Sep 1959

Cyprus 5 Nov 1963 d

Czech Republic2 22 Feb 1993 d

Democratic Republic
of the Congo 8 Dec 1964

Denmark 10 Jun 1948

Djibouti 6 Apr 1978 d

Dominica 24 Nov 1987 d

Dominican Republic 7 Mar 1947

Ecuador 22 Mar 1956

Egypt 17 Sep 1948

El Salvador 9 Jul 1947

Estonia 21 Oct 1991

Ethiopia 22 Jul 1947

Fiji 21 Jun 1971 d

Finland 31 Jul 1958

France 18 Aug 1947

Gabon 13 Mar 1964

Gambia 1 Aug 1966 d

Germany3, 4 5 Nov 1980

Ghana 5 Aug 1958

Greece 29 Dec 1947

Guatemala 7 Jul 1947

Guinea 10 Jan 1968

Guyana 28 Dec 1972

Haiti 6 Aug 1947

Honduras 16 May 1947

Hungary 30 Jul 1956

Iceland 10 Mar 1948

India 13 May 1948

Indonesia 8 Mar 1972

Iran (Islamic Republic of) 8 May 1947

Iraq 15 Sep 1949

Ireland 10 May 1967

Israel 21 Sep 1949

Italy 3 Feb 1958

Jamaica 9 Sep 1963

Japan 18 Apr 1963

Jordan 3 Jan 1958

Kazakhstan 26 Aug 1998

Kenya 1 Jul 1965

Kuwait 13 Dec 1963

Lao People's Democratic Republic 24 Nov 1956

Latvia 21 Nov 1997

Lebanon 10 Mar 1949

Lesotho 26 Nov 1969

Liberia 14 Mar 1947

Libyan Arab Jamahiriya 28 Nov 1958

Liechtenstein 25 Mar 1993

Lithuania 9 Dec 1993

Luxembourg 14 Feb 1949

Madagascar 23 May 1962 d

Malawi 17 May 1966

Malaysia 28 Oct 1957 d

Mali 28 Mar 1968

Malta 27 Jun 1968 d

Mauritius 18 Jul 1969 d

Mexico 26 Nov 1962

Mongolia 31 May 1962

Morocco 18 Mar 1957

Myanmar 25 Jan 1955

Nepal 28 Sep 1965

Netherlands 19 Apr 1948

New Zealand5 10 Dec 1947

Nicaragua 29 Nov 1947

Niger 25 Aug 1961 d

Nigeria 26 Jun 1961 d

Norway 18 Aug 1947

Pakistan 8 Jan 1948

Panama 27 May 1947

Papua New Guinea 4 Dec 1975 d

Paraguay 2 Oct 1953

Peru 24 Jul 1963

Philippines 28 Oct 1947

Poland 8 Jan 1948

Portugal 14 Oct 1998

Republic of Korea 9 Apr 1992

Republic of Moldova 12 Apr 1995

Romania 5 Jul 1956

Russian Federation 22 Sep 1953

Rwanda 15 Apr 1964

Saint Lucia 27 Aug 1986 d

Senegal 27 May 1963 d

Seychelles 26 Aug 1980

Sierra Leone 13 Mar 1962 d

Singapore 18 Mar 1966 d

Slovakia2 28 May 1993 d

Slovenia 6 Jul 1992 d

Somalia 9 Jul 1963

Spain 31 Jul 1974

Sudan 21 Mar 1977

Sweden 28 Aug 1947

Syrian Arab Republic 29 Sep 1953

Thailand 30 Mar 1956

the former Yugoslav
Republic of Macedonia6 18 Aug 1993 d

Togo 27 Feb 1962 d

Trinidad and Tobago 19 Oct 1965

Tunisia 7 May 1957

Turkey 22 Aug 1950

Ukraine 20 Nov 1953

United Kingdom 17 Sep 1946

United Republic of Tanzania 29 Oct 1962

United States of America 29 Apr 1970

Uruguay 16 Feb 1984

Venezuela 21 Dec 1998

Viet Nam 6 Apr 1988

Yemen7 23 Jul 1963

Yugoslavia 30 Jun 1950

Zambia 6 Jun 1975 d

Zimbabwe 13 May 1991

Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made
upon accession or succession.)

Albania8

The People's Republic of Albania does not consider itself bound by the provisions of section 30, which provide that any difference arising out of the interpretation or application of the present Convention shall be brought before the International Court of Justice, whose opinion shall be accepted as decisive by the parties; with respect to the competence of the Court in disputes relating to the interpretation or application of the Convention, the People's Republic of Albania will continue to maintain, as it has heretofore, that in every individual case the agreement of all the parties to the dispute is required in order that the dispute may be laid before the International Court of Justice for a ruling.

Algeria8

The Democratic and Popular Republic of Algeria does not consider itself bound by section 30 of the said Convention which provides for the compulsory jurisdiction of the International Court of Justice in the case of differences arising out of the interpretation or application of the Convention. It declares that, for the submission of a particular dispute to the International Court of Justice for settlement, the consent of all parties to the dispute is necessary in each case. This reservation also applies to the provision of the same section that the advisory opinion given by the International Court of Justice shall be accepted as decisive.

bahrain

Declaration:

"The accession by the State of Bahrain to the said Convention shall in no way constitute recognition of Israel or be a cause for the establishment of any relations of any kind therewith."

BELARUS8

The Byelorussian Soviet Socialist Republic does not consider itself bound by the provision of section 30 of the Convention which envisages the compulsory jurisdiction of the International Court and, in regard to the competence of the International Court in differences arising out of the interpretation and application of the Convention, the Byelorussian Soviet Socialist Republic will, as hitherto, 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 same section, whereby the advisory opinion of the International Court shall be accepted as decisive.

bulgaria8, 9

canada

"With the reservation that exemption from taxation imposed by any law in Canada on salaries and emoluments shall not extend to a Canadian citizen residing or ordinarily resident in Canada."

china8

The Government of the People's Republic of China has reservations on section 30, article VIII, of the Convention.

CZECH REPUBLIC 2, 8

hungary8, 10

indonesia

"Article 1 (b) section 1: The capacity of the United Nations to acquire and dispose of immovable property shall be exercised with due regard to national laws and regulations.

"Article VIII, section 30: With regard to 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."

lao people's democratic republic

1. Laotian nationals domiciled or habitually resident in Laos shall not enjoy exemption from the taxation payable in Laos on salaries and income.

2. Laotian nationals who are officials of the United Nations shall not be immune from National Service obligations.

lithuania11

Reservation:

"The Government of the Republic of Lithuania has made the reservation in respect of article 1 (1) (b), that the United Nations shall not be entitled to acquire land in the territory of the Republic of Lithuania, in view of the land regulations laid down by the article 47 of the Constitution of the Republic of Lithuania."

mexico

(a) The United Nations and its organs shall not be entitled to acquire immovable property in Mexican territory, in view of the property regulations laid down by the Political Constitution of the United Mexican States.

(b) Officials and experts of the United Nations and its organs who are of Mexican nationality shall enjoy, in the exercise of their functions in Mexican territory, exclusively those privileges which are granted them by section 18, paragraphs (a), (d), (f) and (g), and by section 22, paragraphs (a), (b), (c), (d) and (f) respectively, of the Convention on the Privileges and Immunities of the United Nations, on the understanding that the inviolability established in the aforesaid section 22, paragraph (c), shall be granted only for official papers and documents.

mongolia8, 12

nepal8

"Subject to the reservation with regard to section 18 (c) of the Convention, that United Nations officials of Nepalese nationality shall not be exempt from service obligations applicable to them pursuant to Nepalese law; and

"Subject to the reservation with regard to section 30 of the Convention, that any difference arising out of the interpretation or application of the Convention to which Nepal is a party, shall be referred to the International Court of Justice only with the specific agreement of His Majesty's Government of Nepal."

portugal

Reservation:

"The exemption established in paragraph (b) of section 18 shall not apply with respect to Portuguese Nationals and Residents in the Portuguese Territory which have not acquired this quality for the purpose of the exercise of their activity."

Republic of Korea

Reservation:

[The Government of the Republic of Korea declares] that the provision of paragraph (c) of section 18 of article V shall not apply with respect to Korean nationals.

romania8

The Romanian People's Republic does not consider itself bound by the terms of section 30 of the Convention which provide for the compulsory jurisdiction of the International Court in differences arising out of the interpretation or application of the Convention; with respect to the competence of the International Court in such differences, the Romanian People's Republic takes the view that, for the purpose of the submission of any dispute whatsoever to the Court for a ruling, 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.

Russian Federation8, 13

The Soviet Union does not consider itself bound by the provision of section 30 of the Convention which envisages the compulsory jurisdiction of the International Court, and in regard to the competence of the International Court in differences arising out of the interpretation and application of the Convention, the Soviet Union will, as hitherto, 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 provision contained in the same section, whereby the advisory opinion of the International Court shall be accepted as decisive.

SLOVAKIA2, 8

thailand

"Officials of the United Nations of Thai nationality shall not be immune from national service obligations".

turkey14

With the following reservations:

(a) The deferment, during service with the United Nations, of the second period of military service of Turkish nationals who occupy posts with the said Organization, will be arranged in accordance with the procedures provided in Military Law No. 1111, account being taken of their position as reserve officers or private soldiers, provided that they complete their previous military service as required under Article 6 of the above-mentioned Law, as reserve officers or private soldiers.

. . .

(e) Turkish nationals entrusted by the United Nations with a mission in Turkey as officials of the Organization are subject to the taxes payable by their fellow citizens. They must make an annual declaration of their salaries in accordance with the provisions set forth in chapter 4, section 2, of Law No. 5421 concerning income tax.

ukraine8

The Ukrainian Soviet Socialist Republic does not consider itself bound by the provision of section 30 of the Convention which envisages the compulsory jurisdiction of the International Court and, in regard to the competence of the International Court in differences arising out of the interpretation and application of the Convention, the Ukrainian Soviet Socialist Republic will, as hitherto, 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 provision contained in the same section, whereby the advisory opinion of the International Court shall be accepted as decisive.

UNITED STATES OF AMERICA

"(1) Paragraph (b) of section 18 regarding immunity from taxation and paragraph (c) of section 18 regarding immunity from national service obligations shall not apply with respect to United States nationals and aliens admitted for permanent residence.

"(2) Nothing in article IV, regarding the privileges and immunities of representatives of Members, in article VI, regarding the privileges and immunities of United Nations officials, or in article VI, regarding the privileges and immunities of experts on missions for the United Nations, shall be construed to grant any person who has abused his privileges of residence by activities in the United States outside his official capacity exemption from the laws and regulations of the United States regarding the continued residence of aliens, provided that:

"(a) No proceedings shall be instituted under such laws or regulations to require any such person to leave the United States except with the prior approval of the Secretary of State of the United States. Such approval shall be given only after consultation with the appropriate Member in the case of a representative of a Member (or member of his family) or with the Secretary-General in the case of any person referred to in articles V and VI;

"(b) A representative of the Member concerned or the Secretary-General, as the case may be, shall have the right to appear in any such proceedings on behalf of the person against whom they are instituted;

"(c) Persons who are entitled to diplomatic privileges and immunities under the Convention shall not be required to leave the United States otherwise than in accordance with the customary procedure applicable to members of diplomatic missions accredited or notified to the United States.

viet nam8

1. Disputes concerning the interpretation or application of the Convention shall be referred to the International Court of Justice for settlement only with the consent of all parties concerned.

2. The opinion of the International Court of Justice referred to in article VIII, section 30, shall be merely advisory and shall not be considered decisive without the consent of all parties concerned.

venezuela

Reservations:

With regard to article I, section 1(b), of the Convention, the following reservation is made:

The acquisition of immovable property by the United Nations shall be subject to the condition set forth in the Constitution of the Republic of Venezuela and to the restrictions established by the law provided for therein.

With regard to articles V and VI of the Convention, the following reservation is made:

Venezuela hereby states that the proviso established in section 15 of article IV of this Convention shall also apply with respect to articles V and VI ejusdem.

NOTES:

1 Resolution 22 A (I). See Resolutions adopted by the General Assembly during the First Part of its First Session (A/64), p. 25.

2 Czechoslovakia had acceded to the Convention on 7 September 1955 with a reservation to section 30 of the Convention. The reservation was subsequently withdrawn by a notification received on 26 April 1991. For the text of the reservation, see United Nations, Treaty Series, vol. 214, p. 348. See also 8 note below and 11.I.2in chapter I.2.

3 The German Democratic Republic had acceded to the Convention on 4 October 1974 with a reservation. For the text of the reservation, see United Nations, Treaty Series, vol. 950, p. 354. See also note 8 below and note in chapter I.2.

4 In a communication accompanying the instrument of accession, the Government of the Federal Republic of Germany declared that the said Convention shall also apply to Berlin (West) with effect from the date on which it enters into force for the Federal Republic of Germany.

In this regard, the Secretary-General received, on the dates indicated, the following communications:

Union of Soviet Socialist Republics (9 November 1981):

The declaration made by the Government of the Federal Republic of Germany when depositing the instrument of accession, to the effect that the said Convention shall extend to Berlin (West), is incompatible with the Quadripartite Agreement of 3 September 1971. That Agreement, as is generally known, does not grant the Federal Republic of Germany the right to extend to West Berlin international agreements which affect matters of security and status. The above-mentioned Convention belongs precisely to that category of agreement.

In particular, the 1946 Convention regulates the granting of privileges and immunities to United Nations organs and officials in the State territory of countries parties to it, including immunity from legal proceedings and immunity from arrest or detention. Thus, the Convention concerns sovereign rights and obligations which cannot be exercised by a State in a territory which does not come under its jurisdiction.

In view of the foregoing, the Soviet Union considers the declaration made by the Federal Republic of Germany on extending the application of the Convention on the Privileges and Immunities of the United Nations to Berlin (West) to be illegal and to have no legal force.

German Democratic Republic (23 December 1981):

"Concerning the application of the Convention on Privileges and Immunities of the United Nations on 13 February 1946 to Berlin (West) the German Democratic Republic states in accordance with the Quadripartite Agreement of 3 September 1971, that Berlin (West) continues not to be a constituent part of the Federal Republic of Germany and cannot be governed by it.

"The declaration made by the Federal Republic of Germany to the effect that the said Convention shall be extended to Berlin (West) is contrary to the Quadripartite Agreement in which it is stipulated that international agreements affecting matters of security and status of Berlin (West) cannot be extended by the Federal Republic of Germany to Berlin (West).

"In view of the foregoing, the declaration made by the Federal Republic of Germany will have no validity."

France, the United Kingdom of Great Britain and Northern Ireland and the United States of America (8 June 1982):

"In a communication to the Government of the Union of Soviet Socialist Republics, which is an integral part (annex IV A) of the Quadripartite Agreement of 3 September 1971, the Governments of France, the United Kingdom and the United States, confirmed that, provided matters of security and status are not affected and provided that the extension is specified in each case international agreements and arrangements entered into by the Federal Republic of Germany may be extended to the Western Sectors of Berlin in accordance with established procedures. For its part, the Government of the Union of Soviet Socialist Republics, in a communication to the Governments of the Three Powers, which is similarly an integral part (annex IV B) of the Quadripartite Agreement of 3 September 1971, affirmed that it would raise no objection to such extension.

The established procedures referred to above, which were endorsed in the Quadripartite Agreement, are designed inter alia to afford the authorities of the Three Powers the opportunity to ensure that international agreements and arrangements entered into by the Federal Republic of Germany which are to be extended to the Western Sectors of Berlin are extended in such a way that matters of security and status are not affected.

When authorizing the extension of the above-mentioned Convention to the Western Sectors of Berlin, the authorities of the Three Powers took such steps as were necessary to ensure that the application of the Convention to the Western Sectors of Berlin remained subject to Allied rights and responsibilities in the field of privileges and immunities of international organisations. Accordingly, the validity of the Berlin declaration made by the Federal Republic of Germany in accordance with established procedures is unaffected and the application of the Convention to the Western Sectors of Berlin continues in full force and effect, subject to Allied rights and responsibilities.

With reference to the said communication for the Government of the German Democratic Republic we wish to state that States which are not party to the Quadripartite Agreement are not competent to comment authoritatively on its provisions. The three Governments do not consider it necessary, nor do they intend to respond to any further communications from States which are not party to the Quadripartite Agreement. We wish to point out that the absence of a response to further communications of a similar nature should not be taken to imply any change in their position on this matter.

Federal Republic of Germany (16 August 1982):

"By their note of 28 May 1982, . . . the Governments of France, the United Kingdom and the United States answered the assertions made in the communication referred to above. The Government of the Federal Republic of Germany, on the basis of the legal situation set out in the note of the Three Powers, wishes to confirm that the application in Berlin (West) of the above-mentioned Convention extended by it under established procedures continues in full force and effect, subject to Allied rights and responsibilities.

The Government of the Federal Republic of Germany wishes to point out that the absence of a response to further communications of a similar nature should not be taken to imply any change of its position in this matter."

Union of Soviet Socialist Republics (29 December 1982):

The Soviet side once again confirms, as was already stated in the Mission's note of 9 November 1981, that the declaration of the Federal Republic of Germany concerning the extension to West Berlin of the application of the Convention on the Privileges and Immunities of the United Nations of 13 February 1946 is a violation of the Quadripartite Agreement of 3 September 1971 and therefore has no legal force.

The Quadripartite Agreement, as is well known, clearly determined that by no means all international treaties of the Federal Republic of Germany may be extended to West Berlin, but only those which do not affect matters of status and security. The above-mentioned Convention, by reason of its content, directly affects such matters.

The declarations by the Governments of France, the United Kingdom and the United States of America that in the extension of the Convention to West Berlin by the Federal Republic of Germany the established procedures are being observed do not alter the substance of the problem. Those procedures may be applied only in relation to international treaties which the Federal Republic of Germany is entitled to extend to West Berlin. The Convention of 13 February 1946 is not such a treaty.

At the same time the Soviet side wishes to point out that the Quadripartite Agreement of 3 September 1971 contains provisions relating to West Berlin which have universal force of international law. The extension of the Convention of 13 February 1946 to West Berlin by the Federal Republic of Germany notwithstanding those provisions naturally affects the interests of other parties to the Convention, which have the right to express their opinions in the matter. That right cannot be disputed by anyone.

Accordingly, the Soviet side rejects as unfounded the assertions made by the Governments of France, the United Kingdom and the United States of America concerning the declaration by the German Democratic Republic [. . .]. The view set forth in that declaration by the German Democratic Republic as a party to the Convention on the Privileges and Immunities of the United Nations is fully consistent with the Quadripartite Agreement of 3 September 1971.

United States of America, France and the United Kingdom of Great Britain and Northern Ireland (7 July 1983):

"The three Missions wish to recall the position set forth in their communication to the Secretary-General's Note [. . .] dated 20 July 1982. They wish further to recall that the Quadripartite Agreement is an international agreement concluded between the four contracting parties and not open to participation by any other State. In concluding this agreement, the Four Powers acted on the basis of their quadripartite rights and responsibilities, and the corresponding wartime and post-war agreements and decisions of the Four Powers which are not affected. The Quadripartite Agreement is part of conventional, not customary international law. States which are not parties to the Quadripartite Agreement are not competent to comment authoritatively on its provisions. The absence of a response to further communications of a similar nature should not be taken to imply any change of their position in this matter."

Date of the receipt of the objection, or date on which it was circulated by the Secretary-General		With respect to reservation by:
4 August 1954*		Belarus
4 August 1954*		Ukraine
4 August 1954*		Russian Federation
1 December 1955*		Czechoslovakia**
6 September 1956*		Romania
4 September 1956*		Hungary
3 October 1957*		Albania
20 June 1967*		Algeria
20 June 1967*		Bulgaria
20 June 1967*		Mongolia
20 June 1967*		Nepal
21 September 1972		Indonesia
29 November 1979		German Democratic Republic***
8 November 1979		China
30 January 1990		Viet Nam
* Date the objection was circulated.
**See also note 2 above.
***See also note 3 above.