Protocol on the privileges and immunities of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project
Type of Document: Treaties
International Organization: ITER Organization
Year: 2006
Country: China, India, Japan, Russia, South Korea
The Agreement defines the privileges and immunities of the ITER International Fusion Energy Organization and its personnel.
In accordance with Article 5 of the ITER Agreement, the ITER International Fusion Energy Organization shall have international legal personality (Article 1).
The ITER Organization shall enjoy immunity from jurisdiction and execution except: (a) to the extent that it has expressly waived such immunity in a particular case; (b) in respect of a civil action by a third party for damage
arising from an accident caused by a motor vehicle belonging to, or operated on behalf of, the ITER Organization, or in respect of a motor traffic offense involving such a vehicle; (c) in respect of an enforcement of an arbitration award made under Article 23; and (d) in the event of an attachment of salary, enforced for a debt of a staff member of the ITER Organization, provided that such attachment results from a final and enforceable legal decision in accordance with the rules in force on the territory of enforcement (Article 4).
The staff and Experts of the ITER Organization shall enjoy immunity from jurisdiction, even after they have left the service of the ITER Organization, in respect of acts, including words spoken and written, done by them in the exercise of their functions; this immunity shall not apply, however, in the case of a motor traffic offense committed by a staff member of the ITER Organization, nor in the case of damage caused by a motor vehicle belonging to or driven by him (Articles 14 and 16).
In addition to the privileges and immunities provided for in Article 14, the Director-General of the ITER Organization
and, when the office is vacant, the person appointed to act in his place, shall enjoy the privileges and immunities to which diplomatic agents of comparable rank are entitled (Article 15).
In accordance with Article 12 of the ITER Agreement, the Council shall waive any relevant immunity in any case where
the Council considers that retaining it would impede the course of justice and that such a waiver would not be contrary to the interests of the ITER Organization and its Members (Article 21).