Asian Infrastructure Investment Bank Headquarters Agreement

The Agreement, concluded between China and the Asian Infrastructure Investment Bank on 16 January 2016, establishes the headquarters of the organization in China and regulates its legal status, privileges and immunities in the Host Country.

The Bank shall possess full legal personality and it shall enjoy immunity from every form of legal process, except
that the immunity of the Bank shall not apply: (a) to the extent that the Bank shall have expressly waived any such
immunity in any particular case or in any written document; (b) in respect of a civil action arising out of or in connection with its powers to raise funds, through borrowings or other means, to guarantee obligations, or to buy and sell or underwrite the sale of securities; (c) in respect of the enforcement of an arbitration award made against the
Bank as a result of an express submission to arbitration by or on behalf of the Bank; (d) in respect of a civil action brought by a third party for damages arising from an accident in the People’s Republic of China caused by a vehicle
belonging to the Bank or operated on its behalf; or (e) in respect of any counter-claim directly connected with court
proceedings initiated by the Bank (Articles 3 and 4).

Persons Connected with the Bank shall be immune from jurisdiction and legal process, including arrest and
detention, even after termination of their mission or service, in respect of words spoken or written and acts performed by them in their official capacity; this immunity shall not apply, however, to civil liability either in the case of damage from a road traffic accident, or in the case of other personal injury or death, if either is caused by an act of such person in the People’s Republic of China. The President shall enjoy the same privileges and immunities as are
accorded to diplomatic agents, in accordance with applicable international law and conventions supplemented by practice in the People’s Republic of China (Article 14).

The privileges, immunities and exemptions conferred under this Agreement are granted in the interests of the Bank and not for the personal benefit of the individuals themselves. The Board of Directors may waive to such extent and upon such conditions as it may determine any of the privileges, immunities and exemptions conferred under this Agreement in cases where such action would, in its opinion, be appropriate in the best interests of the Bank. The
President shall have the right and duty to waive any privilege, immunity or exemption in respect of any Officer or Employee of the Bank or any expert or consultant performing services for the Bank, other than the President or a Vice
President, where, in his or her opinion, the privilege, immunity or exemption would impede the course of justice and can be waived without prejudice to the interests of the Bank. In similar circumstances and under the same conditions,
the Board of Directors shall have the right and duty to waive any privilege, immunity or exemption in respect of the President and each Vice President (Article 18).

The Bank shall co-operate at all times with the appropriate authorities of the People’s Republic of China in order to prevent any abuse of the privileges, immunities, exemptions and facilities provided for in this Agreement (Article 20).