Agreement regarding the Headquarters of Organization for Security and Co-operation in Europe

The Agreement establishes the headquarters of the Organization for Security and Co-operation in Europe (OSCE) in Austria and regulates the legal status, privileges and immunities of OSCE in the Host Country.

The Republic of Austria recognizes the legal capacity of the OSCE as an international organization. The OSCE shall possess such legal capacity as is necessary for the exercise of its functions (Article II).

The OSCE shall have immunity from jurisdiction and enforcement, except: (i) To the extent that the OSCE shall have expressly waived such immunity in a particular case; (ii) In the case of civil action brought by a third party for damage resulting from an accident caused by a motor vehicle belonging to, or operated on behalf of, the OSCE, or in respect of any infringement of regulations governing the keeping, operation and use of motor vehicles; (iii) In the case of attachment, pursuant to a decision by the judicial authorities, of the salary, emoluments or indemnities owed by the OSCE to an employee, unless the OSCE informs the Government within 14 days of the date on which it is notified of said decision by the Government that it does not waive its immunity (Article VI).

Officials of the OSCE shall enjoy within and with respect to the Republic of Austria Immunity from legal process of any kind in respect of words spoken or written, and of acts performed by them, in their official capacity, such immunity to continue notwithstanding that the persons concerned may have ceased to be Officials of the OSCE. The Secretary General and heads of structures based in Vienna shall be accorded the privileges and immunities, exemptions and facilities as are accorded to heads of diplomatic missions (Article XV).

Experts performing missions authorized by, serving on subsidiary bodies or working groups of, or consulting at its request in any way with, the OSCE shall enjoy Immunity from legal process of any kind with respect to words spoken or written, and all acts done by them, in the performance of their official functions, such immunity to continue notwithstanding that the persons concerned may no longer be employed on missions for, serving on subsidiary bodies or working groups of, or acting as consultants for, the OSCE, or may no longer be present at the Headquarters of the OSCE or attending meetings convened by the OSCE (Article XVI).

The OSCE shall make provision for appropriate methods of settlement of: (a) Disputes arising out of contracts and disputes of a private law character to which the OSCE is a party; and (b) Disputes involving an official of or expert on mission for the OSCE who, by reason of his or her official position, enjoys immunity, if such immunity has not been waived (Article XVIII).

The Secretary General 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 may be deemed necessary and expedient, for Officials of the OSCE and for such other persons as may be appropriate (Article XIX).