Headquarters Agreement between Belgium and the African, Caribbean and Pacific Group of States
Type of Document: Treaties
International Organization: ACP Group
Year: 1993
Country: Belgium
The Agreement establishes the Headquarters of the Secretariat of the African, Caribbean and Pacific Group of States (ACP Group) in Belgium and defines its legal status, privileges and immunities in the Host Country.
The Secretariat shall have the most extensive legal capacity accorded to legal persons (Article 1).
The Secretariat as well as property and assets of the Secretariat used by the latter exclusively in the exercise of its
official functions, shall enjoy immunity from jurisdiction, save where the President of the Council of ACP Ministers set up under the Convention expressly waives such immunity in an individual case (Article 2).
The Secretary-General, the Deputy Secretary-General and other permanent members of staff of senior rank in the Secretariat -designated by the ACP States – as well as their spouse and children under age forming part of their household shall enjoy the immunities, privileges and facilities accorded to diplomatic staff of diplomatic
missions (Article 17). The permanent members of the Secretariat shall enjoy immunity from jurisdiction in respect of acts done in their official capacity including words spoken or written ; such immunity shall continue after the termination of their duties (Article 19). The persons referred to in Article 19 shall not be entitled to any immunity from jurisdiction in respect of road traffic offenses or of damage caused by a motor vehicle.
The privileges and immunities are granted to the members of the Secretariat solely in the interest of the Secretariat and not for their personal advantage. The President of the Council of ACP Ministers shall have the right to waive immunity in all cases where such immunity may hinder the course of justice and where such waiver is possible without prejudicing the interests of the Secretariat.
The Secretariat and its staff shall cooperate at all times with the competent Belgian authorities in. order to facilitate the proper administration of justice, to ensure that police regulations are complied with and to prevent any abuse which could arise out of the privileges, immunities and facilities provided for in this Agreement (Article 28).