D. Agreement between the government of Ghana and the food and agriculture organization of the United nations regarding the African regional office of the food and agriculture organization of the United Nations
THE GOVERNMENT OF GHANA AND THE FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS
Desiring to conclude an Agreement pursuant to Resolution No. 27/57 of the Ninth Session of the Conference of the Food and Agriculture Organization of the United Nations regarding the African Regional Office of the Food and Agriculture Organization of the United Nations,
HAVE AGREED AS FOLLOWS:
In this Agreement:
(a) the expression " FAO " means the Food and Agriculture Organization of the United Nations;
(b) the expression "Regional Office" means the African Regional Office of FAO;
(c) the expression " The Government " means the Government of Ghana;
(d) the expression " Director - General means the Director - General of FAO, and during his absence from duty the Deputy Director - General of FAO, or any officer designated by him to act on his behalf;
(e) the expression " Regional Representative " means the Regional Representative for Africa of the Director - General of FAO and, in his absence, his duly authorized Deputy;
(f) the expression " appropriate Authorities of Ghana " means such national, or other authorities in Ghana as may be appropriate in the context and in accordance with the laws and customs applicable in Ghana;
(g) the expression " laws of Ghana " includes legislative acts and decrees, regulations or orders, issued by or under authority of the Government or appropriate authorities of Ghana;
(h) the expression " Member Nation " means a nation which is a member of FAO;
(i) the expression " Representatives of Member Nations" includes all representatives, alternates, advisers and technical experts and secretaries of delegations;
(j) the expression " meetings convened by FAO " means meetings of the Conference of FAO, the Council of FAO, any international conference or other gathering convened by FAO, and any commission, committee or subgroup of any of these bodies;
(k) the expression " Regional Office Scat means the premises occupied by the Regional Office;
(l) the expression " archives of FAO " includes records and correspondence, documents, manuscripts, still and moving pictures and films, and sound recordings belonging to or held by FAO;
(m) the expression " Officers of FAO means all ranks of the FAO Secretariat engaged by the Director - General or on
his behalf, other than manual workers locally recruited;
(n) the expression " property " as used in Article VIII, means ail property, including funds and assets, belonging to FAO or held or administered by FAO in furtherance of its constitutional functions, and all income of FAO.
Juridical Personality and Freedom of Assembly
The Government recognizes the juridical personality of FAO, and FAO shall have the capacity,
(a) to contract;
(b) to acquire and dispose of movable and immovable property;
(c) to institute legal proceedings.
The Government recognizes the right of FAO to convene meetings within the Regional Office Scat, or with the concurrence of the appropriate authorities of Ghana, elsewhere in Ghana. At meetings convened by FAO, the Government shall take all proper steps to ensure that no impediment is placed in the way of full freedom of discussion and decision.
The Regional Office Seat
The Government grants free of charge to FAO and FAO accepts as from the date of entry into force and during the life of this Agreement, the use and occupancy of premises known as the Offices of the United Nations Organizations near Maxwell Road and the use of installations and office furniture therein contained for the operation of the Regional Office. Such installations and furniture shall be described in an exchange of notes between FAO and the Government to be effected at the time of entry into force of this Agreement.
With respect to the Regional Office Seat and the installations therein provided by, the Government:
(a) except in case of faults attributable to FAO, the Government shall be responsible for all charges of major repairs of a nonrecurring nature, in particular but without limitation by, reason of this enumeration, the repair of damage resulting from fire, force majeure, structural defects or deterioration; for the replacement, when and if necessary, of such installations, and for the replacement within a reasonable period, of any building or part thereof in the Regional Office Scat which may be totally or partially destroyed;
(b) FAO shall be responsible for all ordinary repairs, for the upkeep and maintenance of the premises and installations.
Inviolability of the Regional Office Seat
(a) The Government recognizes the inviolability, of the Regional Office Scat which shall be under the control and authority of FAO, as provided in this Agreement.
(b) No officer or official of the Government, whether administrative, judicial, military or police shall enter the Regional Office Seat to perform any official duties therein except with the consent of, and under conditions agreed to by the Director General or the Regional Representative.
(c) Without prejudice to the provisions of Article X, FAO shall prevent the Regional Office Scat from being used as a refuge by persons who are avoiding arrest under any law of Ghana, or who are required by the Government for extradition to another country, or who are endeavoring to avoid service of legal process or judicial proceedings.
Protection of the Regional Office Seat
(a) The appropriate authorities of Ghana shall exercise due diligence to ensure that the tranquillity of the Regional Office Scat is not disturbed by any person or group of persons attempting unauthorized entry or creating disturbances in the immediate vicinity of the Regional Office Seat.
(b) If so requested by the Regional Representative, the appropriate authorities of Ghana shall provide a sufficient number of police for the preservation of law and order in the Regional Office Seat and for the removal therefrom of offenders.
(a) The appropriate authorities of Ghana shall exercise, to the extent requested by the Director - General or the Regional Representative, their respective powers to ensure that the Regional Office Seat shall be supplied with the necessary public services, including, without limitation by reason of this enumeration, fire protection, electricity, water, sewerage, post, telephone, and telegraph, and that such public services shall be supplied on equitable terms. In case of any interruption or threatened interruption of any such services, the appropriate authorities of Ghana shall consider the needs of FAO as being of equal importance with those of essential agencies of the Government and shall take steps accordingly to ensure that the work of FAO is not prejudiced.
(b) Where electricity or water are supplied by appropriate authorities of Ghana or bodies under their control, FAO shall be supplied at special tariffs which shall not exceed the lowest rates accorded to governmental offices of Ghana.
FAO shall enjoy for its official communications treatment not less favorable than that accorded by the Government to any other international organization or government, or the diplomatic mission of any such other government, in the matter of priorities and rates on mails, cables, telegrams, radiograms, telephotos, telephone and other communications; and press rates for information to press and radio.
FAO shall be entitled, for its official purposes, to use the transport facilities of the Government under the same conditions as may be granted to resident diplomatic missions.
(a) No censorship shall be applied to the official correspondence nor other communications of FAO. Such immunity shall extend, without limitation by reason of this enumeration, to publications, still and moving pictures, and films and sound recordings. In case of emergency requiring the enforcement of censorship in Ghana, the appropriate authorities of Ghana shall consult with the Regional Representative with a view to reaching agreement on appropriate steps to be taken by him or by the appropriate authorities of Ghana in order to avoid abuse of the immunity from censorship enjoyed by the official communications of FAO and its officers.
(b) FAO shall have the right to use codes and to dispatch and receive correspondence and other official communications by courier or in sealed bags, which shall have the same privileges and immunities as diplomatic couriers and bags.
(c) Nothing in this section shall be construed to preclude the adoption of appropriate security precautions to be determined by supplemental agreement between FAO and the Government,
Property of FAO and Taxation
FAO, its property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except insofar as in any particular case the Director - General shall have expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution.
The property and assets of FAO, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.
The archives of FAO, and in general all documents belonging to FAO or held by it, shall be inviolable wherever located.
The assets, income and other property of FAO shall be exempt:
(a) from any form of direct taxation. FAO, however, will not claim exemption from taxes which are, in fact, no more than charges for public utility services;
(b) from customs duties and from prohibitions and restrictions on imports and exports in respect of articles imported or exported by FAO for its official use, on the understanding that articles imported under such exemption will not be sold within the country except in accordance with conditions to be mutually agreed upon;
(c) from customs duties and prohibitions and restrictions in respect of the import and export of its publications, still and moving pictures and films and sound recordings.
(a) FAO shall be exempt from levies and duties on operations and transactions, and from excise duties, sales and luxury taxes and all other indirect taxes when it is making important purchases for official use by FAO of property on which such duties or taxes are normally chargeable. However, FAO will not, as a general rule, claim exemption from excise duties, and from taxes on the sale of movable and immovable property which form part of the price to be paid, and cannot be identified separately from the sale price.
(b) The Government shall grant allotments of gasoline or other required fuels and lubricating oils for vehicles required for the official use of FAO in quantities and at rates prevailing for diplomatic missions in Ghana.
(a) Without an), financial controls, regulations or moratoria of any kind:
(i) FAO may hold funds, gold or currency of any kind and operate foreign currency accounts in any currency.
(ii) FAO shall be free to transfer its funds, securities, gold or currency from one country to another or within Ghana and to convert any currency held by it into any other currency.
(b) FAO shall, in exercising its rights under this section, pay due regard to an), representations made by the Government insofar as effect can be given to such representations without detriment to the interest of FAO.
(c) The Government shall render to FAO the same privileges as accorded to diplomatic missions in respect of exchange facilities.
Transit and Residence
(a) Subject to Article IV, Section 6, clause (c), the appropriate authorities of Ghana shall impose no impediment to transit to or from the Regional Office Scat, or to residence of the following persons, irrespective of their nationalities, when on official FAO business, and shall afford them any necessary protection:
(i) the Chairman of the Council of FAO, representatives of Member Nations, the United Nations, or any specialized agency of the United Nations, and their spouses;
(ii) officers of FAO and their families;
(iii) officers of the Regional Office, their families and other members of their households;
(iv) persons other than officers of FAO, performing missions for FAO, and their spouses;
(v) other persons invited to the Regional Office Scat on official business. The Regional Representative or the Director General shall communicate the names of such persons to the Government within a reasonable time.
(b) This section shall not apply to general interruptions in transportation, which shall be dealt with as provided in Section 8(a) and shall not impair the effectiveness of generally applicable laws as to the operation of means of transportation.
(c) Visas which may be required for persons referred to in this section shall be granted without charge and as promptly as possible.
(d) No activity performed by any such person in his official capacity as described in subsection (a) shall constitute a reason for preventing his entry into Ghana or for requiring him to leave Ghana.
(e) In case of abuse of the privilege of transit or residence by any such person in activities in Ghana outside his official capacity, such privilege shall not be construed to grant him exemption from the laws of Ghana regarding residence of aliens, provided that:
(i) no proceeding shall be instituted under such laws to require any such person to leave Ghana except with the prior approval of the Minister of Foreign Affairs of Ghana;
(ii) in the case of the representative of a Member Nation, such approval shall be given only after consultation with the government of the appropriate Member Nation;
(iii) in the case of any other person mentioned in subsection (a), such approval shall be given only after consultation with the Regional Representative or the Director - General, the Secretary - General of the United Nations or the principal executive officer of the appropriate specialized agency, as the case may be;
(iv) a representative of the Member Nation concerned, the Regional Representative or the Director - General, the Secretary - General of the United Nations, or the principal executive officer of the appropriate specialized agency, as the case may be, shall have the right to appear and be heard in any such proceedings on behalf of the person against whom they shall have been instituted;
(v) persons who are entitled to diplomatic privileges and immunities shall not be required to leave Ghana otherwise than in accordance with the customary procedure applicable to diplomatic envoys accredited to Ghana.
(f) This section shall not prevent the requirement of reasonable evidence to establish that persons claiming the rights granted by this section come within the classes described in subsection (c), or the reasonable application of quarantine and health regulations.
Chairman of Council and Representatives at Meetings
The Chairman of the Council of FAO, representatives of Member Nations, representatives or observers of other nations, and representatives of the United Nations and its specialized agencies at meetings convened by FAO shall be entitled, in the territory of Ghana, while exercising their functions and during their journeys to and from the Regional Office Seat and other places of meetings, to the same privileges and immunities as are provided for under Article V (Sections 13 to 17 inclusive) of the Convention on the Privileges and Immunities of the Specialized Agencies, and in paragraph I of Annex 2 to that Convention.
Officers of FAO Members of FAO Missions Persons invited to the Regional Office Seat on Official Business
Officers of FAO shall enjoy within and with respect to Ghana the following privileges and immunities;
(a) immunity from personal arrest or detention;
(b) immunity from seizure of their official baggage and, for officers who are not citizens of Ghana, immunity from seizure of their personal baggage;
(c) immunity from legal process of any kind with respect to words spoken or written and all acts performed by them in their official capacity, such immunity, to continue notwithstanding the fact that the persons concerned might have ceased to he officers of FAO;
(d) exemption from any form of direct taxation on salaries and emoluments paid to them by, FAO;
(e) exemption, for officers other than citizens of Ghana, from any form of direct taxation on income derived from sources outside Ghana;
(f) exemption, with respect to themselves, their spouses and relatives dependent on them, from immigration restrictions and alien registration;
(g) exemption from national service obligations for officers of FAO who are not citizens of Ghana;
(h) for officers who are not citizens of Ghana, freedom to maintain in Ghana or elsewhere foreign securities and other movable and immovable property; and while employed by FAO and at the time of termination of such employment, the right to send or take out monies paid to them by reason of such employment in any foreign currency, subject to showing if necessary how they were acquired, and the right to take out of Ghana funds in the same currencies and up to the same amounts as they brought in through authorized channels;
(i) the same protection and repatriation facilities with respect to themselves, their families and other members of their households, as are accorded to diplomatic envoys in time of international crisis;
(j) for officers who are not citizens of Ghana, the right to import, free of duties and other levies, prohibitions and restrictions on import, their furniture and effects within six months after first taking up their posts in Ghana or, in the case of officers who have not completed their probationary periods, within six months after confirmation of their employment with FAO; the same regulations shall apply in the case of importation, transfer and replacement of automobiles as are in force for the resident members of diplomatic missions of comparable rank.
The names of the officers of FAO shall be communicated to the appropriate authorities of Ghana from time to time and whenever requested.
(a) The Government shall accord to the Regional Representative and senior officers of the Regional Office designated by the Director - General, diplomatic privileges and immunities.
(b) For this purpose the Regional Representative and senior officers of the Regional Office shall be incorporated by the Ministry of Foreign Affairs, in consultation with the Director - General, into the appropriate diplomatic categories and, with the exception of citizens of Ghana, shall enjoy the customs exemptions granted to such diplomatic categories in Ghana.
(c) All officers of FAO shall be provided with a special identity card certifying the fact that they are officers of FAO enjoying the privileges and immunities specified in this Agreement.
Persons other than officers of FAO, who are members of FAO missions, or who are invited to the Regional Office Seat by FAO on official business, shall be accorded the privileges and immunities specified in Section 20, except those specified in subsection (j) provided, however, that such persons who are citizens of Ghana shall enjoy the privileges and immunities provided for in Section 20 (a), (b), (c), (d).
(a) The privileges and immunities accorded by this Article are conferred in the interests of FAO and not for the personal benefit of the individuals themselves. The Director - General shall waive the immunity of any officer in any case where, in his opinion, the immunity would impede the course of justice and could be waived without prejudice to the interests of FAO.
(b) FAO and its officers shall co - operate at all times with the appropriate authorities of Ghana to facilitate the proper administration of justice, to secure the observance of the laws of Ghana and to prevent the occurrence of any abuses in connection with the privileges and immunities accorded by this Article.
Laissez - Passer
The Government shall recognize and accept the United Nations Laissez - Passer issued to officers of FAO, and to the Chairman of the Council, as a valid travel document equivalent to a passport. Applications for visas from holders of United Nations Laissez - Passer shall be dealt with as speedily as possible.
Similar facilities to those specified in Section 25 shall be accorded to persons who, though not the holders of United Nations Laissez - Passer, have a certificate that they are travelling on business for FAO.
(a) The Director - General and the Regional Representative shall take every precaution to ensure that no abuse of a privilege or immunity conferred by this Agreement shall occur, and for this purpose shall establish such rules and regulations as they may deem necessary and expedient for officers of FAO and persons performing missions for FAO.
(b) Should the Government consider that an abuse of privilege or immunity conferred by this Agreement has occurred, the Director - General, or the Regional Representative shall, upon request, consult with the appropriate authorities of Ghana to determine whether any such abuse has occurred. If such consultations fail to achieve a result satisfactory to the Director General and the Government, the matter shall be determined in accordance with the procedure set out in Article XV.
Supplemental Agreements and Settlement of Disputes
(a) The Government and FAO may enter into such supplemental agreements as may be necessary within the scope of this Agreement.
(b) The Convention on the Privileges and Immunities of the Specialized Agencies and this Agreement shall, where they relate to the same subject matter, be treated as complementary.
Any dispute between FAO and the Government concerning the interpretation or application of this Agreement or any supplemental agreements, or any question affecting the Regional Office Seat or the relationships between FAO and the Government, 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 chosen by the Director - General, one to be chosen by the Ministry of Foreign Affairs of Ghana, 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, such third arbitrator shall be chosen by the President of the International Court of justice.
Entry into Force, Operation and Denunciation
(a) This Agreement shall enter into force upon approval by the FAO Conference and ratification by the Government.
(b) Consultations with respect to modification of this Agreement shall be entered into at the request of the Government or FAO. Any such modification shall be by mutual consent.
(c) This Agreement shall be construed in the light of its primary purpose to enable the Regional Office fully, and efficiently to discharge its responsibilities and fulfil its purpose.
(d) Where this Agreement imposes obligations on the appropriate authorities of Ghana, the ultimate responsibility for the fulfilment of such obligations shall rest with the Government.
(e) This Agreement and any supplemental agreement entered into by the Government and FAO pursuant to this Agreement shall cease to be in force six months after either the Government or FAO shall have given notice in writing to the other of its decision to terminate this Agreement, except for such provisions as may be applicable in connection with the orderly termination of the operations of FAO at its African Regional Office and the disposition of its property therein.
IN WITNESS WHEREOF, the Government and FAO have signed this Agreement in duplicate in the English language.
For the Food and Agriculture Organization of the United Nations
Director - General
For the Government of Ghana
Minister of External Affairs