Agreement on the Headquarters of the Green Climate Fund

The Agreement establishes the Headquarters of the Green Climate Fund in South Korea and regulates its legal status, privileges and immunities in the Host Country.

The Fund shall possess such juridical personality and legal capacity as may be necessary to operate effectively internationally, to enter into this Headquarters Agreement, and for the exercise of its official functions and the fulfillment of its purposes, including the capacity to contract, to acquire and dispose of immovable and movable property, and to be party to, and to institute judicial proceedings (Article 3).

The Fund and the Property of the Fund, wherever located and by whomsoever held, shall enjoy immunity from any form of legal process, except as provided in this Article and insofar as in any particular case the Fund expressly has waived its immunity in writing. The Fund shall not enjoy immunity from legal process and execution of judgment in the case of civil liability proceedings initiated against the Fund for damages caused in the Republic of Korea by any vehicle belonging to it or operated on its behalf. The Fund shall not enjoy immunity from legal process in cases arising out of or in connection with the exercise of the Fund’s powers to borrow money, to guarantee obligations, or to buy and sell or underwrite the sale of securities (Article 9).

The Staff, Board Members and alternate members shall enjoy immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity, regardless of their nationality. Such immunity shall continue to be accorded after the termination of employment with the Fund. The Executive Director and senior Staff of the Secretariat having a professional level equivalent to level P-5 and above of the United Nations position classification, as determined by the Fund and duly notified to, and accepted by, the Government, who do
not have nationality of, or permanent residence status in, the Republic of Korea, shall be accorded the same privileges and immunities as the Government accords to members of comparable rank of the diplomatic staff of missions
accredited to the Government (Article 13).

Experts for the Fund shall be accorded such privileges and immunities as are necessary for the independent exercise of their functions during the period of their missions, including the time spent on journeys in connection with their missions. In particular, they shall be accorded immunity from legal process of any kind in respect of words spoken or written and acts done by them in the course of the performance of their official functions (Article 13).

The Fund shall waive the immunity accorded to any person if, in its opinion, such immunity would impede the course of justice and the waiver would not prejudice the purpose for which the immunities are accorded. It shall take every measure to ensure that the privileges, immunities, exemptions and facilities conferred by this Headquarters Agreement are not abused and for this purpose shall establish such rules and regulations as it may deem necessary and expedient.

The Fund shall make provisions in consultation with the Government for appropriate modes of settlement of: (a) Disputes arising out of contracts and other disputes of a private law character to which the Fund is a party; and (b) Disputes involving a member of Staff of the Secretariat who, by reason of his or her official position, enjoys immunity, if such immunity has not been waived (Article 19).