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Interim-verdrag tussen het Koninkrijk der Nederlanden en de Republiek Kosovo betreffende de vestiging van de Kosovo Relocated Specialist Judicial Institution in Nederland, Pristina, 26-01-2016
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Inhoudsopgave
Interim Agreement between the Kingdom of the Netherlands and the Republic of Kosovo concerning the Hosting of the Kosovo Relocated Specialist Judicial Institution in the Netherlands
Article 1. Use of terms
Article 2. Purpose and scope of this Agreement
Article 3. Seat of the Kosovo Relocated Specialist Judicial Institution
Article 4. Juridical personality
Article 5. Privileges, immunities and facilities
Article 6. Inviolability of the premises
Article 7. Protection of the premises and their vicinity
Article 8. Law and authority on the premises
Article 9. Public services for the premises
Article 10. Flag, emblem and markings
Article 11. Funds, assets and other property
Article 12. Inviolability of archives, documents and materials
Article 13. Facilities in respect of communications
Article 14. Freedom of financial assets from restrictions
Article 15. Exemption from taxes and duties for the Kosovo Relocated Specialist Judicial Institution and its property
Article 16. Exemption from import and export restrictions
Article 17. Privileges, immunities and facilities of the judges, the Specialist Prosecutor, Deputy Specialist Prosecutor, and the Registrar and the Deputy Registrar
Article 18. Privileges, immunities and facilities of staff
Article 19. Personnel recruited locally and not otherwise covered by this Agreement
Article 20. Interns
Article 21. Experts
Article 22. Counsel and persons assisting counsel
Article 23. Persons other than suspects, accused, witnesses and victims who are required to be present at the seat of the Kosovo Relocated Specialist Judicial Institution
Article 24. Employment of Family members of the judges, the Specialist Prosecutor, the Deputy Specialist Prosecutor, the Registrar, the Deputy Registrar and staff
Article 25. Exceptions to immunities
Article 26. Waiver of privileges, immunities and facilities provided for in Articles 17, 18, 19, 20, 21, 22 and 23
+ SECTION 1. : GENERAL
+ SECTION 2. : VISAS, PERMITS AND OTHER DOCUMENTS
+ SECTION 3. : SECURITY, OPERATIONAL ASSISTANCE
Article 35. Supplementary arrangements and agreements
Article 36. Settlement of disputes with third Parties
Article 37. Settlement of differences on the interpretation or application of this Agreement or its supplementary arrangements or agreements
Article 38. Costs
Article 39. Application
Article 40. Amendments
Article 41. Entry into force
Article 42. Duration and termination

Geschiedenis-overzicht

Interim-verdrag tussen het Koninkrijk der Nederlanden en de Republiek Kosovo betreffende de vestiging van de Kosovo Relocated Specialist Judicial Institution in Nederland, Pristina, 26-01-2016



 
 
1.
The judges, the Specialist Prosecutor, the Deputy Specialist Prosecutor, the Registrar and the Deputy Registrar together with members of their family forming part of their household who do not have Dutch nationality or permanent residence status in the Host State, shall enjoy the same privileges, immunities and facilities as are accorded by the Host State to heads of diplomatic missions in conformity with the Vienna Convention . They shall, inter alia, enjoy: 
1.
The judges, the Specialist Prosecutor, the Deputy Specialist Prosecutor, the Registrar and the Deputy Registrar together with members of their family forming part of their household who do not have Dutch nationality or permanent residence status in the Host State, shall enjoy the same privileges, immunities and facilities as are accorded by the Host State to heads of diplomatic missions in conformity with the Vienna Convention . They shall, inter alia, enjoy: 
a) personal inviolability, including immunity from personal arrest or detention or any other restriction of their liberty; 
a) personal inviolability, including immunity from personal arrest or detention or any other restriction of their liberty; 
b) immunity from criminal, civil and administrative jurisdiction; 
b) immunity from criminal, civil and administrative jurisdiction; 
c) inviolability of all papers, documents in whatever form and materials; 
c) inviolability of all papers, documents in whatever form and materials; 
d) exemption from national service obligations; 
d) exemption from national service obligations; 
e) exemption from immigration restrictions and alien registration; 
e) exemption from immigration restrictions and alien registration; 
f) exemption from taxation on salaries, emoluments and allowances paid in respect of the employment of the judges, the Specialist Prosecutor, the Deputy Specialist Prosecutor, the Registrar and the Deputy Registrar with the Kosovo Relocated Specialist Judicial Institution; 
f) exemption from taxation on salaries, emoluments and allowances paid in respect of the employment of the judges, the Specialist Prosecutor, the Deputy Specialist Prosecutor, the Registrar and the Deputy Registrar with the Kosovo Relocated Specialist Judicial Institution; 
g) the same facilities in respect of currency and exchange facilities as are accorded to diplomatic agents; 
g) the same facilities in respect of currency and exchange facilities as are accorded to diplomatic agents; 
h) the same immunities and facilities in respect of their official and personal baggage as are accorded to diplomatic agents; 
h) the same immunities and facilities in respect of their official and personal baggage as are accorded to diplomatic agents; 
i) together with members of their families forming part of their household, the same repatriation facilities in time of international crisis as are accorded to diplomatic agents under the Vienna Convention ; 
i) together with members of their families forming part of their household, the same repatriation facilities in time of international crisis as are accorded to diplomatic agents under the Vienna Convention ; 
j) the right of unimpeded entry into, exit from or movement within the Host State, as appropriate and for purposes of the Kosovo Relocated Specialist Judicial Institution. 
j) the right of unimpeded entry into, exit from or movement within the Host State, as appropriate and for purposes of the Kosovo Relocated Specialist Judicial Institution. 
2.
With respect to the inheritance and gift tax, which depends upon residence, periods during which the judges, the Specialist Prosecutor, the Deputy Specialist Prosecutor, the Registrar and Deputy Registrar are present in the Host State for the discharge of their functions shall not be considered as periods of residence. 
2.
With respect to the inheritance and gift tax, which depends upon residence, periods during which the judges, the Specialist Prosecutor, the Deputy Specialist Prosecutor, the Registrar and Deputy Registrar are present in the Host State for the discharge of their functions shall not be considered as periods of residence. 
3.
The judges, the Specialist Prosecutor, the Deputy Specialist Prosecutor, the Registrar and the Deputy Registrar shall, after the expiry of their terms of office, continue to be accorded immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in their official capacity. 
3.
The judges, the Specialist Prosecutor, the Deputy Specialist Prosecutor, the Registrar and the Deputy Registrar shall, after the expiry of their terms of office, continue to be accorded immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in their official capacity. 
4.
The Host State shall not be obliged to exempt from income tax pensions or annuities paid to former judges, Specialist Prosecutors, Deputy Specialist Prosecutors, Registrars, Deputy Registrars and the members of their family forming part of their household. 
4.
The Host State shall not be obliged to exempt from income tax pensions or annuities paid to former judges, Specialist Prosecutors, Deputy Specialist Prosecutors, Registrars, Deputy Registrars and the members of their family forming part of their household. 
5.
Persons referred to in this Article who are nationals or permanent residents of the Host State shall enjoy only the following privileges, immunities and facilities to the extent necessary for the independent performance of their functions: 
5.
Persons referred to in this Article who are nationals or permanent residents of the Host State shall enjoy only the following privileges, immunities and facilities to the extent necessary for the independent performance of their functions: 
a) immunity from personal arrest or detention or any other restriction of their liberty; 
a) immunity from personal arrest or detention or any other restriction of their liberty; 
b) immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in the performance of their functions for the Kosovo Relocated Specialist Judicial Institution, which immunity shall continue to be accorded even after they have ceased to perform their functions for the Kosovo Relocated Specialist Judicial Institution; 
b) immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in the performance of their functions for the Kosovo Relocated Specialist Judicial Institution, which immunity shall continue to be accorded even after they have ceased to perform their functions for the Kosovo Relocated Specialist Judicial Institution; 
c) inviolability of all papers, documents in whatever form and materials relating to the performance of their functions for the Kosovo Relocated Specialist Judicial Institution; 
c) inviolability of all papers, documents in whatever form and materials relating to the performance of their functions for the Kosovo Relocated Specialist Judicial Institution; 
d) exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with the Kosovo Relocated Specialist Judicial Institution; 
d) exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with the Kosovo Relocated Specialist Judicial Institution; 
e) for the purpose of their communications with the Kosovo Relocated Specialist Judicial Institution the right to receive and send papers in whatever form; 
e) for the purpose of their communications with the Kosovo Relocated Specialist Judicial Institution the right to receive and send papers in whatever form; 
f) the right to import free of duties and taxes, except payments for services, their furniture and effects at the time of first taking up their post in the Host State. 
f) the right to import free of duties and taxes, except payments for services, their furniture and effects at the time of first taking up their post in the Host State. 
6.
Persons referred to in paragraph 5 of this Article shall not be subjected by the Host State to any measure which may affect the free and independent performance of their functions for the Kosovo Relocated Specialist Judicial Institution. 
6.
Persons referred to in paragraph 5 of this Article shall not be subjected by the Host State to any measure which may affect the free and independent performance of their functions for the Kosovo Relocated Specialist Judicial Institution.