Global Green Growth Institute Headquarters Agreement

The Agreement, concluded between the Global Green Growth Institute and the Government of South Korea, establishes the Headquarters of the Institute in Seul.

The Government recognizes that the GGGI is an international organization with international legal personality and capacity to perform legal acts required for the performance of its constitutional functions, in particular, to conclude treaties, to contract, to acquire and dispose of property and to participate in legal proceedings (Article 2).

The GGGI and its property, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except in so far as in any particular case the Director-General of the GGGI has expressly waived its immunity. The immunity from the jurisdiction of the Republic of Korea in respect of civil and administrative proceedings shall not be granted in relation to a contract, or a civil action for damages arising from an accident caused by a motor vehicle, vessel or aircraft, used or owned by the GGGI and/or its staff where those damages are not recoverable from insurance (Article 7).

The staff of the GGGI, members of the Assembly, the Council and the Advisory Committee, and experts shall enjoy, within and with respect to the Republic of Korea, immunity from every form of legal process in respect of acts done by them in the exercise of their functions, including words spoken or written, and all acts performed by them in their official capacity, such immunity continuing to be accorded after termination of their employment with the GGGI. Immunity from legal process shall not apply to the civil and administrative jurisdiction of the Republic of Korea in relation to an action for damages arising from an accident caused in the Republic of Korea by a motor vehicle, vessel or aircraft, owned or operated by the persons concerned, where those damages are not recoverable from insurance.(Articles 12, 13, 14).

The competent authorities have the right and the duty to waive immunity whenever it would impede the course of justice, without prejudice to the interests of the GGGI (Article 15).

The GGGI and its staff shall cooperate at all times with the appropriate authorities to facilitate the proper administration of justice, to secure the observance of police regulations and to prevent the occurrence of any abuse in connection with the privileges and immunities provided for in this Agreement. If the Government believes that there has been an abuse of a privilege or immunity granted under the Agreement, consultations shall be held between the Government and the Secretariat to determine whether any such abuse has occurred and, if so, to ensure that no repetition of such abuse occurs (Article 17).

The GGGI shall make provisions for appropriate methods of settlement of: a. disputes arising out of contracts and other disputes of a private character to which the GGGI is party, including appropriate procedures for the settlement of disputes with all persons employed by the GGGI; and b. disputes involving persons mentioned in this Agreement who by reason of their official position enjoy immunity, if such immunity has not been waived pursuant to the provisions of
Article 15 of this Agreement (Article 18).