Евразийское экономическое сообщество

AGREEMENT

between the Eurasian Economic Community

and the Government of the Russian Federation

on the Terms and Conditions of Operation of the Integration Committee of the Eurasian Economic Community on the Territory of the Russian Federation¹

The Eurasian Economic Community and the Government of the Russian Federation,

governed by the universally accepted principles and norms of international law,

on the strength of the Treaty on the Establishment of the Eurasian Economic Community of October 10, 2000 and the Convention on Privileges and Immunities of the Eurasian Economic Community of May 3, 2001,

for the purpose of creating proper conditions for the operation of the Integration Committee of the Eurasian Economic Community on the territory of the Russian Federation,

taking into consideration that the city of Moscow is the seat of the Integration Committee of the Eurasian Economic Community,

agree as follows:

Article 1

Under the present Agreement, the terms hereinafter shall have the following meanings:

“EurAsEC,” or “Community” – the Eurasian Economic Community;

“Integration Committee” – the Integration Committee of the Eurasian Economic Community;

“Secretary General” – the Community’s supreme administrative official appointed by the Interstate Council of EurAsEC;

“Deputy Secretary General” – an official whose appointment to the office of Deputy Secretary General is approved by the Integration Committee upon recommendation of a respective member state of EurAsEC, in conformity with the quota allocated to the state;

 “officials” – persons whose appointment to the offices on the list established by the Interstate Council is approved by the Integration Committee, upon recommendation of EurAsEC member states, in conformity with each member state’s quota; The Agreement came into force December 1, 2003;

“employees” – persons employed as specialists under employment agreements (contracts), except persons employed as maintenance personnel and ancillary workers;

“appropriate authorities” – appropriate federal bodies of state power, state bodies of the constituent entities of the Russian Federation, and bodies of local self-government;

“premises of the Integration Council” – buildings or sections of buildings (irrespective of the ownership thereof) used for the official purposes of EurAsEC and/or as a residence of the Community’s Secretary General and officials;

“property of the Integration Committee” – all property, including funds or other assets owned by the Integration Committee or held and managed by it in the course of the performance by the Integration Committee of its official duties;

“archives of the Integration Committee” – documents, correspondence and other materials owned or held by the Integration Committee.

Article 2

The Integration Committee shall be a legal entity without authority to engage in profit-making operations on the territory of the Russian Federation, and the rights vested in the Integration Committee shall include, but will not be limited to, the right to:

conclude agreements;

buy movable and immovable estate and manage it;

open and operate bank accounts in any currency;

transfer cash assets within the Russian Federation, or from the Russian Federation to another state, or from another state to the Russian Federation;

to sue and be sued.

The rights provided by the present Article shall be exercised on behalf of the Integration Committee by the Secretary General or, in his absence, by the Deputy Secretary General authorized thereto.

Article 3

The Government of the Russian Federation shall provide premises requisite for the performance by the Integration Committee of its functions and/or facilitate the provision of the said premises for the Integration Committee, subject to the terms set forth in this Agreement, and facilitates acquisition, on the Community’s expense, of service flats to serve as a residence for officials of the Secretariat of the Integration Committee who are not citizens of the Russian Federation and do not reside therein permanently, for the duration of their office terms.

Article 4

The premises of the Integration Committee and its property shall be inviolable.

Representatives of appropriate authorities shall not enter the premises of the Integration Committee without the consent of the Secretary General or, in his absence, without the consent of his deputy and on terms other than those approved by them.

Any acts authorized by appropriate authorities shall be performed in the premises of the Integration Committee only with the consent of the Secretary General or his/her deputy.

The premises of the Integration Committee shall not be used as a shelter for persons prosecuted under the law of the Russian Federation or subject to extradition to another state.

Inviolability of the premises of the Integration Committee shall not be construed as the authorization to use them for purposes incompatible with the functions and goals of EurAsEC or detrimental to security of the Russian Federation, the interests of its citizens and/or legal entities.

Article 5

The Government of the Russian Federation shall take proper measures to protect the premises of the Integration Committee against any intrusion or damage. The Integration Committee shall bear the costs of security protection for the premises of the Integration Committee.

Article 6

Appropriate authorities shall ensure accreditation of those officials of the Secretariat of the Integration Committee who hold the quota offices and are not citizens of the Russian Federation.

Diplomatic cards shall be issued to the Secretary General and his/her family members who are not citizens of the Russian Federation.

Article 7

The Integration Committee may establish internal regulations applicable within the Integration Committee premises for the purpose of creating conditions necessary for the performance of the Integration Committee’s functions.

Article 8

In conducting its affairs the Integration Committee may hold at its residence conferences and other events without prior approval thereto from appropriate state authorities of the Russian Federation.

Article 9

The property of the Integration Committee situated on the territory of the Russian Federation shall enjoy immunity against search, requisition, expropriation, confiscation and other forms of legal process except when:

a) a civil action is brought against the Integration Committee, its official or employee in connection with an accident caused by a transportation vehicle owned by the Integration Committee, its official or employee, or operated on behalf of the Integration Committee, in the event the compensation for the damage is not paid by an insurance policy;

b) a civil action is brought against the Integration Committee, its official or its employee in connection with compensation for harm caused to the life and health of a person by action or inaction on the part of the Integration Committee, its official or employee.

Article 10

The Integration Committee shall be exempted from direct taxes and dues, levies and other charges collected on the territory of the Russian Federation, except payments for specific types of services.

Objects and other property designated for official use by the Integration Committee shall be exempted in the Russian Federation from customs dues, taxes and fees related thereto, except charges for custody and/or customs clearance outside customs posts or outside the regular working hours of appropriate customs agency, and for similar services in the manner required for international organizations.

In the event the said merchandise is expropriated, customs charges shall be collected in accordance with the law of the Russian Federation.

Article 11

The archives of the Integration Committee shall be inviolable.

The correspondence of the Integration Committee shall not be subject to censorship. The immunity herein granted shall apply to printed, photographed, audiovisual and other forms of information received or sent by the Integration Committee and its officials. The rules of customs control set forth in the legislation of the Russian Federation shall apply to the correspondence sent by ordinary mail.

Article 12

The Integration Committee may post on its buildings the flag, emblem or other symbols of EurAsEC and fly the flags of the Community’s member states.

Article 13

If agreed to by the Community and the Government of the Russian Federation, amendments may be made to the present Agreement, which shall be set out in separate protocols to the present Agreement.

Any disputes as to the interpretation or application of the present Agreement shall be resolved by negotiation between the Community and the Government of the Russian Federation.

Article 14

In the event the Integration Committee discontinues its operations on the territory of the Russian Federation, the present Agreement shall cease to be in force after all property and non-property relations to which the Integration Committee in the Russian Federation is a party have been resolved.

Article 15

The present Agreement shall be provisionally applied from the date on which it has been signed, and shall become effective from the date on which notification about implementation by the Russian Federation of the intrastate procedures necessary for the entry into effect of the Agreement has been submitted to the depositary – the Integration Committee.

Done at Moscow on July 3, 2002, in two authentic copies in Russian.

For the Eurasian Economic Community                     G. Rapota

For the Russian Federation                                        V. Trubnikov

Part II