Headquarters Agreement for the Secretariat of the Antarctic Treaty

The Agreement, concluded between the Antarctic Treaty Consultative Meeting (ATCM) and the Argentine
Republic, regulates the Headquarters and legal status of the ATCM Secretariat in Argentina.

The Secretariat as an organ of the ATCM has legal personality and capacity to perform its functions in the territory of the Argentine Republic. It has, in particular, the capacity to contract, to acquire and dispose of movable and immovable property, and to institute and be a party to legal proceedings (Article 2).

Within the scope of its Official Activities, the Secretariat as an organ of the ATCM and its property, premises and assets shall have immunity of jurisdiction in judicial and administrative proceedings except: a) to the extent that the ATCM expressly waives such immunity; b) in respect of any contract for the supply of goods or services and any
loan or other transaction for the provision of finance and any guarantee or indemnity in respect of any such transaction or of any other financial obligation; in respect of a civil action by a third party for death, damage or personal injury arising from an accident caused by a motor vehicle belonging to, or operated on behalf of, the Secretariat to the extent that compensation is not recoverable from insurance; d) in respect of a motor vehicle offense involving a motor vehicle belonging to, or operated on behalf of, the Secretariat; e) in the event of a claim for salaries, wages or other emoluments owed by the Secretariat; f) in respect of a counter-claim directly connected with proceedings initiated by the Secretariat; g) in respect of claims made on real estate situated in the Argentine Republic; and h) in respect of actions based on the Secretariat’s status as heir or beneficiary
of property situated in the Argentine Republic (Article 4).

The privileges and immunities provided in this Agreement may be waived by the ATCM. They should be waived
in a particular case where the privilege and immunity in question would impede the course of justice and can be waived without prejudice to the purpose for which they are accorded (Article 5).

Staff members of the Secretariat and Experts shall have immunity from suit and any other legal or administrative proceedings or judicial request in respect of acts and things done by them in the exercise of their official functions, including words written or spoken (Articles 17 and 18).

The Executive Secretary, unless he or she is a national or a permanent resident of the Argentine Republic, shall enjoy the privileges, immunities, exemptions and facilities to which a diplomatic agent in the Argentine Republic is entitled, including privileges, immunities, exemptions and facilities in respect of the members of their family which form a part of the household, unless they are nationals or permanent residents of the Argentine Republic (Article 16).

The Secretariat shall co-operate fully at all times with the appropriate Authorities in order to prevent any abuse of the privileges, immunities and facilities provided for in this Agreement (Article 20).