Signed by President of Armenia Robert Kocharian, President of Belarus Aleksander Lukashenko, President of Kazakhstan Nursultan Nazarbaev, President of Kyrgyzstan Askar Akaev, President of Russia Vladimir Putin and President of Tajikistan Emomali Rakhmonov on October 7, 2002 in Chisinau
The States Parties to the Treaty on Collective Security,
On the basis of the Treaty on Collective Security of 15 May 1992 (hereinafter — ”the Treaty“),
Guided by the universally recognized principles of international law,
Wishing to ensure the necessary conditions for the effective achievement of the purposes and principles of the Collective Security Treaty Organization (hereinafter — ”the Organization“),
Have agreed as follows:
Article 1
For the purposes of this Agreement, the following terms shall have the meanings assigned to them hereunder:
”The Parties“ — the States Parties to this Agreement;
”The member States“ — the member States of the Organization;
”The Council“ — the Council on Collective Security established in accordance with chapter IV of the Charter of the Organization;
”The receiving State“ — the member State in the territory of which the Secretariat of the Organization is located or carries out its work;
”The organs of the Organization“ — the Council on Collective Security, the Council of Ministers for Foreign Affairs, the Council of Ministers of Defence, and the Committee of Secretaries of the Security Councils of the member States of the Organization;
”Representatives of member States“ — representatives of member States of the Organization, including heads and members of delegations participating in activities carried out within the framework of the Organization;
”The Secretariat“ — the permanent working organ of the Organization;
”The Secretary-General“ — the highest administrative official of the Organization, heading the Secretariat, and appointed by the Council;
”Officials“ — persons approved under the procedure laid down by the Organization after being nominated by member States of the Organization in accordance with the quotas of posts established for each member State, in the list determined by the Council;
”Employees“ — persons working as specialists in the Organization on the basis of contracts concluded with them;
”Premises of the Organization“ — all premises, buildings or parts of buildings used for the official purposes of the Organization and provided to the Organization by the receiving State;
”Family members“ — spouse, minor children and dependents of the Secretary-General, officials or employees of the Organization.
I. Legal capacity, privileges and immunities of the Organization
Article 2
The Organization shall enjoy in the territory of each member State such legal capacity as is necessary for the exercise of its functions in accordance with the Charter of the Organization.
Article 3
The property and assets of the Organization shall be inviolable. They shall have immunity from every form of administrative or legal process, except for cases when the Organization itself waives its immunity.
The premises of the Organization, and also its archives and documents, including official correspondence, wherever located, shall be immune from search, requisition, attachment or any other form of interference.
Representatives of the relevant authorities and administrative bodies of the receiving State may not enter the premises of the Organization, except with the consent of the Secretary-General or his deputy.
Any actions decided upon by the relevant authorities and administrative bodies of the receiving State may be carried out in the premises of the Organization only with the consent of the Secretary-General or his deputy.
The premises of the Organization may not serve as a refuge for persons being prosecuted under the law of any of the Parties or subject to extradition to a member State or a third State.
The inviolability of the premises of the Organization shall not give rise to the right to use them for purposes incompatible with the functions of the Organization or detrimental to the security of the Parties or the interests of their physical or juridical persons.
The receiving State shall take the appropriate steps to protect the premises of the Organization against any intrusion or damage.
Article 4
The Organization shall be exempt in member States from direct taxes and charges, duties and other payments other than those that represent payment for specific services rendered.
Articles and other property intended for the official use of the Organization shall be exempt in member States from the imposition of customs duties, taxes and related charges, other than charges for cartage, storage, customs registration in places other than those established for the purpose or outside the working hours of the competent customs organ and similar services under the procedure envisaged for other international organizations. Their use for other purposes, including their sale or transfer, shall entail the payment of customs duties and compliance with other formalities in accordance with the legislation of the receiving State.
Article 5
With regard to its official communications, the Organization shall enjoy treatment that is no less favourable than that accorded by the receiving State to diplomatic missions.
Article 6
The Organization may place the flag, emblem or other insignia of the Organization on premises occupied by it and use them on official vehicles. The placement of the insignia of the Organization in other locations shall be subject to agreement with the receiving State.
Article 7
The Organization, while complying with the legislation of member States, may, in accordance with its purposes and functions, issue and disseminate printed matter, the publication of which is envisaged by decisions of its organs.
Article 8
The receiving State shall assist the Organization in acquiring from its budgetary resources and on the basis of commercial contracts the necessary premises for the performance of its functions.
Article 9
The Organization shall engage in continuous cooperation with the authorities and administrative bodies of member States with a view to preventing any abuse of the privileges and immunities envisaged in this Agreement.
II. Privileges and immunities of the Secretary-General, officials and employees of the Organization
Article 10
The Secretary-General, officials and employees of the Organization are international civil servants and shall not seek or receive instructions from authorities of officials of the Parties.
Each Party undertakes to respect strictly the international character of the functions of the Secretary-General, officials and employees of the Organization and not to seek to influence them.
Article 11
The Secretary-General and members of his family forming part of his household, if they are not nationals of the receiving State, shall enjoy privileges and immunities to the extent envisaged in the Vienna Convention on Diplomatic Relations of 18 April 1961.
Article 12
Officials of the Organization and members of their families forming part of their household in the receiving State shall:
(a) Be immune from criminal, civil and administrative liability in respect of words spoken or written and all acts performed by them in their official capacity;
(b) Be exempt from taxation on the salaries and other emoluments paid by the Organization;
(c) Be immune from all national service obligations;
(d) Be immune from immigration restrictions and alien registration;
(e) Be exempt from payment of customs duties, taxes and related charges on articles and other property intended for their first installation, other than charges for cartage, storage, customs registration in places other than those established for the purpose or outside the working hours of the competent customs organ, and similar services. The use of the aforementioned articles and property for other purposes, including the sale or the transfer of the use thereof, shall entail the payment of customs duties and compliance with other formalities in accordance with the legislation of the receiving State;
(f) Enjoy the same privileges with regard to repatriation as are enjoyed by diplomatic representatives at times of international crisis.
Subparagraphs (b), (d), (e) and (f) shall not apply to officials and members of their families who are nationals of or permanently resident in the receiving State.
Officials of the Organization and members of their families who are nationals of the receiving State shall be exempt from military service if, at the request of the Organization, the competent organs of the receiving State grant the said officials the necessary deferment.
Article 13
The Secretary-General, officials and employees of the Organization shall not be entitled to engage, for personal profit or the profit of others, in any commercial or other activity other than a scientific, artistic or educational activity.
Persons who are exempt from taxes in the receiving State in accordance with articles 11 and 12 of this Agreement shall, if they receive income from any of the activities referred to in this article, declare the aggregate income received from such activity and pay taxes in respect of it in accordance with the legislation of the receiving State.
Article 14
The Secretary-General, officials and employees of the Organization shall comply with the provisions of the legislation of the receiving State with respect to insurance against injury or damage which may be caused to the health or property of third parties from the use of any means of transport.
Article 15
Officials and employees of the Organization shall not be subject to the jurisdiction of the receiving State in respect of acts committed by them in the direct performance of their official functions except in the case of:
(a) An action relating to compensation for damage in connection with a road transport accident caused by a vehicle belonging to the Organization or belonging to or driven by an official or employee thereof;
(b) An action relating to death or bodily injury caused by an act of an official or employee of the Organization.
Officials of the Organization who are not nationals of the receiving State shall be immune from immigration restrictions and alien registration.
Article 16
Documents of officials or employees of the Organization shall be inviolable in the receiving State at any time and irrespective of the repository of the information.
Article 17
Residences occupied by officials and employees of the Organization who are not nationals of the receiving State shall be inviolable in the receiving State and shall be immune from search, requisition, attachment or execution.
Article 18
The privileges and immunities enjoyed by the Secretary-General, officials and employees of the Organization are granted to them not for their personal benefit but for the effective and independent exercise of their official functions in the interests of the Organization.
Article 19
The Secretary-General, officials and members of their families shall enjoy the privileges and immunities provided for in this Agreement from the moment they enter the territory of the receiving State on proceeding to take up their posts or, if they are already in its territory, from the moment when the Secretary-General or the officials commence carrying out their duties.
When the functions of the Secretary-General or an official have come to an end, his privileges and immunities, as well as the privileges and immunities of members of his family forming part of his household, shall normally cease at the moment when he leaves the receiving State or on expiry of a reasonable period in which to do so, depending on which occurs first.
The privileges and immunities of members of the family of the Secretary-General or of an official shall cease when they cease to be members of his family. If such persons intend to leave the receiving State within a reasonable period, their privileges and immunities shall subsist until the moment of their departure.
In the event of the death of the Secretary-General or of an official of the Organization, the members of his family forming part of his household shall continue to enjoy the privileges and immunities granted to them until the moment when they leave the receiving State or until the expiry of a reasonable period in which to do so, depending on which occurs first.
Article 20
Without prejudice to their privileges and immunities, it is the duty of all persons enjoying privileges and immunities under this Agreement to respect the legislation of the receiving State. They also have a duty not to interfere in the internal affairs of that State.
Article 21
The Organization may waive the immunity of one of its officials when, in the view of the Organization, immunity would impede the course of justice and could be waived without prejudice to the purposes for which it was granted. In the case of the Secretary-General, the Council shall have the right to waive immunity.
Waiver must be express.
III. Privileges and immunities of representatives of member States
Article 22
Representatives of member States shall, while exercising their official functions and while proceeding to the place where they are to take part in activities organized by the Organization in member States, enjoy the following privileges and immunities:
(a) Immunity from personal arrest or detention and from the jurisdiction of the receiving State in respect of all acts done by them in that capacity;
(b) Inviolability of their residence;
(c) Exemption from customs inspection of accompanying luggage and hand luggage, unless there are serious grounds for presuming that it contains articles and other property not intended for official or personal use or articles and other property the import or export of which is prohibited or controlled by the legislation of the member State. When such an inspection is necessary, it shall be conducted only in the presence of the representative of the member State in question or his authorized representative;
(d) Exemption from immigration restrictions and alien registration.
Article 23
The privileges and immunities enjoyed by representatives of member States are granted to them not for their personal benefit but for the effective and independent exercise of their official functions in the interests of the Organization.
Representatives of member States shall not, in the receiving State, engage, for personal profit or the profit of others, in any commercial or other activity other than a scientific, artistic or educational activity.
Article 24
The premises occupied by representatives of member States, their furnishings and other property and the means of transport used by them in the exercise of their functions shall be immune from search, requisition, attachment or execution.
Article 25
Documents of representatives of member States shall be inviolable at any time and irrespective of the repository of the information.
Article 26
The sending member State may waive the immunity of its representative when, in its opinion, immunity would impede the course of justice and immunity could be waived without prejudice to the purposes for which it was granted.
Waiver must be express.
If the sending member State does not waive the immunity of its representative in respect of civil proceedings, it shall make every effort to ensure a just judgement in the case.
The initiation of proceedings by a representative of a member State shall preclude him from invoking immunity from jurisdiction in respect of any counterclaim directly connected with the principal claim.
IV. Conditions of work and social security
Article 27
The conditions of work of the Secretary-General and officials and employees of the Organization shall be determined by the Organization.
The conditions of work of the technical and service personnel of the Organization shall be governed by the national legislation of the receiving State.
Article 28
Social security (insurance) benefits for the Secretary-General, officials and employees of the Organization and members of their families shall be determined and paid in accordance with the system established by the legislation of the receiving State during the period in which the Secretary-General, officials and employees of the Organization are exercising their official functions. The funds for social and medical insurance shall be deducted from the budget of the Organization in accordance with the legislation of the receiving State.
Article 29
Pensions shall be paid to the Secretary-General, officials and employees of the Organization in accordance with the legislation of the member States of which they are nationals. Pensions established by the legislation of member States shall be paid from the budget of the Organization in the respective currency of the member States of which the Secretary-General, officials and employees of the Organization are nationals.
The costs of the pensions of the Secretary-General, officials and employees of the Organization shall be borne by the member States of which they are nationals.
Article 30
In determining pensions or social security (insurance) benefits, the period of employment as Secretary-General, official or employee of the Organization shall be included in the term of insurance or length of service in accordance with the legislation of the member State of which he is a national.
V. Final provisions
Article 31
Disputes concerning the application or interpretation of this Agreement shall be settled by means of consultation and negotiation between the interested Parties.
Article 32
This Agreement is subject to ratification and shall enter into force on the date of deposit of the last written notice of ratification with the depositary, who shall be the Secretary-General.
Article 33
This Agreement shall remain open for accession by any State which becomes a member of the Organization in accordance with article 19 of the Charter of the Organization. The instruments of accession to this Agreement shall be deposited with the depositary.
For a State acceding to this Agreement, it shall enter into force on the date of receipt by the depositary of written notice of ratification.
Article 34
Any Party may withdraw from this Agreement by sending written notice to that effect to the depositary.
This Agreement shall cease to have effect with respect to that Party on the expiry of six months from the date of receipt of such notice by the depositary.
Article 35
Amendments and additions may be made to this Agreement. They shall be drawn up in a separate protocol and shall form an integral part of this Agreement. Any of the Parties may propose amendments and additions by sending a notice to that effect to the depositary.
Protocols regarding changes and additions shall be subject to ratification and shall enter into force in accordance with the provisions of article 32 of this Agreement.
Done at Chisinau, on 7 October 2002 in a single original in the Russian language The single original of this Agreement shall be kept by the depositary, who shall send a certified copy thereof to each State which has signed this Agreement.