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AGREEMENT
BETWEEN THE REPUBLIC OF LATVIA
AND THE ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT
ON THE PRIVILEGES, IMMUNITIES AND FACILITIES GRANTED
TO THE ORGANISATION

THE REPUBLIC OF LATVIA AND THE ORGANISATION FOR ECONOMIC
CO-OPERATION AND DEVELOPMENT
(HEREINAFTER REFERRED TO AS "THE PARTIES"),

HAVING REGARD to the provisions of the Convention on the Organisation for Economic Co-operation and Development of 14 December 1960 (hereinafter referred to as "the OECD Convention"), in particular Article 5 c);

HAVE AGREED as follows:

Article 1

For the purposes of this Agreement:

(a) "archives of the Organisation" means all records and correspondence, documents and other material, including tapes and films, sound recordings, computer software and written material, video tapes, discs and multimedia supports, either in conventional or in digital form, or any other support storing any information or material belonging to or held by the Organisation or on its behalf;

(b) "charges for pension or social security purposes" means all charges related to pension or social security coverage, whether or not such charges are related to the employment of officials by the Organisation and including all charges related to pensions or retirement benefits, unemployment benefits, health insurance and family benefits;

(c) "experts" means persons other than those mentioned in paragraph (h) of this Article, who are appointed by the Organisation to carry out missions for the Organisation;

(d) "Government" means the Government of the Republic of Latvia (hereinafter referred to as "Latvia");

(e) "meeting convened by the Organisation" means any meeting of a body of the Organisation, and any other meeting, conference, seminar or gathering convened by the Organisation, including meetings organised jointly with other entities;

(f) "Members" means countries which are Members of the Organisation or other entities which participate in the work of the Organisation in pursuance of Article 13 of the Convention on the Organisation;

(g) "non-Member participants" means countries, economies or international organisations which are not Members of the Organisation and which have received an invitation from the Organisation to participate in a meeting convened by the Organisation;

(h) "officials" means the categories of staff to which the provisions of this Agreement apply as specified by the Secretary-General of the Organisation;

(i) "Organisation" means the Organisation for Economic Co-operation and Development and all the entities or agencies functioning under its framework;

(j) "premises of the Organisation" means buildings or parts thereof (including the land ancillary thereto), utilised permanently or temporarily for official purposes of the Organisation;

(k) "property of the Organisation" means all property, including income, funds and assets, belonging to the Organisation or held or administered by the Organisation or on its behalf;

(l) "representatives" means all delegates, alternates, advisers, technical experts and secretaries of delegations of Members or non-Member participants.

Article 2

The Organisation possesses juridical personality. It has the capacity, inter alia, to conclude contracts, to acquire and dispose of movable and immovable property and to institute legal proceedings.

Article 3

The Organisation shall be granted the privileges, exemptions and immunities provided for in this Agreement and any more favourable privilege, exemption and immunity which the Government has agreed to grant to any other international organisation.

Article 4

The Organisation and its property, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except insofar as in any particular case it has expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution.

Article 5

The property of the Organisation, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation or any other form of interference whether by executive, administrative, judicial or legislative action.

Article 6

1. The premises of the Organisation, including premises utilised by the Organisation for the duration of a meeting convened by the Organisation, shall be inviolable and shall be under its exclusive control and authority.

2. The Government shall take appropriate measures to ensure the security of the Organisation's premises; in particular, it shall prevent any person, or group of persons from penetrating without authorisation into the premises or causing disorder in the immediate vicinity thereof.

Article 7

The archives of the Organisation and more generally all documents belonging to it or held by it, shall be inviolable wherever located.

Article 8

Without being restricted by financial controls, regulations or moratoria of any kind:

(a) the Organisation may hold currency of any kind and operate accounts in any currency;

(b) the Organisation may freely transfer its funds within, into and out of the territory of Latvia and convert any currency held by it into any other currency.

Article 9

The Organisation and its property shall be exempt from:

(a) any form of direct taxation including charges for pension or social security purposes; however, the Organisation will not claim exemption from rates and taxes which constitute no more than a payment for public utilities;

(b) customs duties, prohibitions and restrictions in respect of goods imported and exported by the Organisation for its own functioning or in pursuance of its activities, on the understanding that such imported goods will not be sold in Latvia, except under conditions agreed with the Government;

(c) customs duties, prohibitions and restrictions in respect of import and export of publications or other goods produced by it, as well as any taxes in respect of the sale or diffusion free of charge of its publications or other goods produced or services provided by it;

(d) any form of indirect taxation, including taxes forming part of the price to be paid, on goods and services purchased by the Organisation for its own functioning or in pursuance of its activities.

Article 10

1. The Organisation shall enjoy, for its official communications, treatment not less favourable than that accorded by Latvia to any international organisation or foreign government, including its diplomatic mission, in the matter of priorities, rates and taxes on mails, cables, telegrams, radiograms, telephotos, telefaxes, telephone, electronic communications and other communications and press rates for information to the press and radio. No censorship shall be applied to the official correspondence and other official communications of the Organisation.

2. The Organisation shall enjoy the right, for its communications, to use codes and to send and receive correspondence and other papers and documents by courier.

Article 11

Essential public services shall be made available to the Organisation on the same basis and conditions as those which apply to diplomatic missions in Latvia.

Article 12

1. Representatives of Members and non-Member participants in the Council of the Organisation or in any other body of the Organisation or participating in a meeting convened by the Organisation in Latvia shall, while exercising their functions and during their journey to and from the place of meeting, enjoy the following privileges and immunities:

(a) immunity from personal arrest or detention and from seizure of their personal baggage, and, in respect of words spoken or written and all acts done by them in their capacity as representatives, immunity from legal process of every kind;

(b) inviolability for all papers and documents;

(c) the right to use codes and to receive papers and correspondence by courier or in sealed bags;

(d) exemption in respect of themselves and their spouses or partners from immigration restrictions, aliens registration or national service obligations in the State they are visiting or through which they are passing in the exercise of their functions;

(e) the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions;

(f) the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys, and also;

(g) such other privileges, immunities and facilities, not inconsistent with the foregoing, as diplomatic envoys enjoy, except that they shall have no right to claim exemption from customs duties on goods imported (otherwise than as part of their personal baggage) or from excise duties or sales taxes.

2. In order to secure for representatives of Members and non-Member participants complete freedom of speech and independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer the representatives of Members or non-Member participants.

3. Privileges and immunities are accorded to the representatives of Members and non-Member participants in order to safeguard their functions in connection with the Organisation and not for their personal benefit. Consequently, a Member or non-Member participant has not only the right but also the duty to waive the immunity of its representative in any case where, in the opinion of the Members or non-Member participant, the immunity would impede the course of justice, and it can be waived without prejudice to the purpose for which the immunity is accorded.

Article 13

Officials of the Organisation shall:

(a) be immune from arrest or detention for acts performed in their official capacity and from seizure of their baggage and other belongings;

(b) be immune from legal process for words spoken or written and acts performed in their official capacity or in the context of their employment with the Organisation; they shall continue to be so immune after completion of their functions as officials of the Organisation;

(c) be exempt from any form of direct taxation, including charges for pension or social security purposes, on salaries, emoluments, indemnities, pensions or other element of remuneration paid to them by the Organisation;

(d) be exempt, together with their spouses or partners and dependent relatives, as recognised by the Organisation, from immigration restrictions and alien registration;

(e) be exempt from the national military service;

(f) enjoy, together with their spouses or partners and dependent relatives, as recognised by the Organisation, the same benefits in respect of repatriation in cases of international crisis as members of diplomatic missions;

(g) have the right to import free of duty their furniture and effects at the time of first taking up their functions in Latvia;

(h) have the same right to import free of duty motor vehicles as Latvia accords to diplomatic agents of comparable rank;

(i) be accorded the same privileges in respect of currency or exchange facilities as are accorded to diplomatic agents of comparable rank;

(j) be exempt from any obligation to deposit security payable in respect of goods temporarily admitted into Latvia;

(k) enjoy the right, for acts performed in their official capacity, to use codes and to send and receive correspondence and other papers and documents by courier.

Article 14

In addition to the privileges, immunities and facilities mentioned in Article 13:

(a) the Secretary-General of the Organisation shall enjoy the privileges, immunities and facilities granted to the heads of diplomatic missions; his/her spouse or partner and dependent children, as recognised by the Organisation, shall enjoy the privileges, immunities and facilities granted to the members of family forming part of the household of heads of diplomatic missions;

(b) the Deputy and Assistant Secretaries-General shall enjoy the privileges, immunities and facilities granted to diplomatic agents of comparable rank; their spouses or partners and dependent children, as recognised by the Organisation, shall enjoy the privileges, immunities and facilities granted to the members of family forming part of the household of diplomatic agents of comparable rank.

Article 15

1. Experts performing missions for the Organisation and individuals invited to participate in a meeting convened by the Organisation, shall enjoy, in the territory of Latvia, such privileges, immunities and facilities as are necessary for the independent exercise of their functions during the period of their missions, including time spent on journeys in connection with their missions.

2. In particular, the persons referred to in paragraph 1 of this Article shall be accorded:

(a) immunity from arrest or detention and from seizure of their baggage and other belongings;

(b) immunity from legal process in respect of words spoken or written, and of all acts done in the performance of their mission; such immunity shall continue after the completion of their mission;

(c) inviolability for all papers and documents;

(d) the right, for the purpose of communicating with the Organisation, to use codes and to send and to receive correspondence and other papers and documents by courier;

(e) the same privileges in respect of currency or exchange facilities as are accorded to a representative of a foreign government on temporary official mission;

(f) the exemption from any obligation to deposit security payable in respect of goods temporarily admitted into Latvia.

Article 16

The Government shall take all appropriate measures to facilitate the entry into, stay in, and exit from the territory of Latvia, and to ensure the freedom of movement within such territory of representatives of Members and non-Member participants, officials and experts of the Organisation and any other person invited by the Organisation for official purposes.

Article 17

Privileges, immunities and facilities are granted to officials and experts in the interest of the Organisation and not for the personal benefit of the individual themselves. The Secretary-General of the Organisation shall have the right and duty to waive the immunity of any official or expert where, in his/her exclusive opinion, the immunity of this official or expert would impede the course of justice and can be waived without prejudice to the interests of the Organisation. In the case of the Secretary-General and the Deputy and Assistant Secretaries-General of the Organisation, the Council of the Organisation shall have the right to waive immunity.

Article 18

The Organisation shall co-operate at all times with the Government to facilitate the proper administration of justice and prevent the occurrence of any abuse in connection with the privileges, immunities and facilities mentioned in this Agreement.

Article 19

In order to enable the Organisation to fully and efficiently discharge its responsibilities and fulfil its tasks:

(a) the Government shall assist the Organisation in resolving any difficulty the Organisation may encounter with the procurement of goods, services and facilities in the territory of Latvia and in ensuring effective respect for the privileges, immunities and facilities accorded to it; and

(b) the Government shall reimburse or compensate the Organisation for costs or losses incurred as a result of the failure of any public authority of Latvia to respect the privileges, immunities and facilities set out in this Agreement or granted in its pursuance.

Article 20

In case of non-respect by a national authority of any of the privileges, immunities or facilities granted in this Agreement, the Government agrees to

(a) defend the Organisation, at its request, in the event of a claim or administrative or judicial actions against it;

(b) indemnify the Organisation of all expenses and losses incurred;

(c) hold harmless the Organisation for all decisions and actions taken in that context.

Article 21

This Agreement shall be interpreted and applied in the light of its primary purpose which is to enable the Organisation to fully and efficiently discharge its responsibilities and fulfil its tasks.

Article 22

1. The Parties shall attempt to settle any dispute as to the interpretation or application of this Agreement by negotiations or by any other mutually agreed method.

2. If the dispute is not settled in accordance with paragraph 1 within a period of sixty days from the request of either Party to settle it, such dispute shall be referred to arbitration at the request of either Party.

3. The arbitral tribunal shall be composed of three arbitrators. Each Party shall choose one arbitrator and the third, who shall be the chair of the tribunal, shall be chosen jointly by the Parties. If the tribunal is not constituted within three months from the request for arbitration, the appointment of the arbitrator(s) not yet designated shall be made by the Secretary-General of the Permanent Court of Arbitration at the request of either Party.

4. The tribunal shall apply the provisions of the present Agreement as well as the principles and rules of international law and its award shall be final and binding on both Parties.

Article 23

1. This Agreement shall enter into force on the date on which the Government shall have informed the Organisation of the completion of the domestic requirements for its entry into force.

2. If Latvia ceases to be a party to the Convention on the Organisation for Economic Co-operation and Development, the present Agreement may be terminated by mutual consent or by written notice of termination by either Party. Such written notice of termination shall take effect no earlier than one year after the date of receipt of the notice by the other Party.

Article 24

As from the date of its signature, and pending its entry into force, this Agreement shall be applied on a provisional basis to the fullest possible extent.

Done in Paris, this 5th day of May 2014, in two originals, in the English, French and Latvian languages, each text being authentic. In case of divergence between the texts, the English text shall prevail.

For the Republic of Latvia	For the Organisation for Economic Co-operation and Development
Edgars RINKĒVIČS Minister for Foreign Affairs	Angel GURRÍA Secretary-General