Provisions

Date: 11^th March 1984

Venue: City of Riyadh

Proceeding from the interests of the member states of the GCC Arab Countries in facilitating the operation of the council and the main and sub-bodies thereof, in their respective territories;

In the desire of the member states to secure the proper performance of duties by the personnel of the council;

Pursuant to Article 17 of the statue law of the GCC, which promulgates that the GCC and the bodies thereof, in their respective territories, shall have the legal capacities, privileges and immunities required for the achievement of the objective thereof;

Whereas the second paragraph of the same article proclaims that the representatives of the state members of the council and the personnel of the council shall have the privileges and immunities to be determined in an agreement to be concluded thereon for the purpose; and

In their desire to clarify the privileges and immunities provided in the statute law of the GCC, and in order to determine the scope of application thereof, so as to facilitate running of the GCC affairs in their respective territories based on agreed rules,

Therefore, the member states of the GCC for Arab Countries have agreed as follows:

Article 1

The GCC for Arab Countries is of an independent legal personality in as far as the following is concerned:

A.   Ownership of fixed and movable property, and disposal thereof;

B.   Contracting; and

C.   Litigation

Article 2

1.     The fixed and movable property of the GCC and the assets thereof, regardless of the owner of the same, shall be under judicial immunity, unless the secretary general expressly waives of such immunity, provided that such waiver shall not cover the execution procedures;

2.     The sanctity of buildings occupied by the GCC, wherever they are in the member states, shall be observed. The funds, property and assets of the GCC shall not be subject to inspection, confiscation, attachment, seizure or any other similar mandatory procedures;

3.     The sanctity of the records and documents, whether owned by the GCC or under the custody thereof, shall also be observed.

Article 3

The member states of the GCC undertake to take all the measures deems necessary in order to secure the full and permanent utility by the council of lands and buildings that belong to the council in each of the territories of such states.

Article 4

The council shall have free hand in the following acts, without any financial, organizational restrictions or debt repayment hold order:

A.         Possession of funds in various currencies, and to hold accounts in any currency; and

B.         Receipt of currencies. Transfer of the same from one state to another, within the same sate or transfer of the same as desired.

Article 5                                                                                                

When availing the rights vested on the council under the foregoing article, the council shall observe the comments or recommendations raised by the member states, as long as such comments and recommendations are not in contradiction with the interests of the council.

Article 6

The movable, immovable and other property of the council shall be exempted from the following obligations and costs:

A.   All direct taxes, excluding the charges collected against the utility of public facilities and services; and

B.   Custom duties and laws and orders prohibiting or restricting import/ export of material and tools imported or exported by the council for official use, as well as the other levies imposed on the import/ export of publications, excluding the storage and transport charges and other charges sustained against public services.

Article 7                                                                                                

Imported material under such exemption shall not be sold unless upon consent by the concerned government.

Article 8

The mail of the GCC for Arab Countries, in each territory of the member states, shall be treated with privileges not less than the ones accorded by such state to the mail of other states, diplomatic delegations or international organizations, with respect to priority, clearance charges of mail, cable (wire / wireless) telephone calls, as well as the charges applicable on press, with regard to transmission of information to press, Radio and TV.

Article 9

The GCC for Arab Countries is entitled to use codes in related letters or send mail through a special messenger or by diplomatic pouch. The special messenger shall have the same privileges and immunities designated for the diplomatic delegations in the member states.

Article 10

During peace time, no member state shall impose any censorship on correspondence, communications and official contacts of the council as aforesaid in this article.

Article 11

The expression “representatives of member states”, as referred to in this article, shall include all the representatives of member states, their assistants, consultants, technical experts and delegated secretaries.

Article 12

The representative of the member states in the main and sub-bodies of the GCC for Arab Countries as well as in conferences organized by the council, during execution of respective job duties, travel to locations of meeting and return from the same, shall have the benefit of the following privileges and immunities:

A.         Shall not be stopped, arrested, or have personal effects held for any reasons;

B.         Judicial immunity for statements and writings, in official capacities as representatives of member states. Such immunity shall be valid after expiry of official capacity, against statement issued in previous capacities;

C.         Sanctity of documents and written material;

D.         Right to use codes on correspondence, and receipt of mail through a special messenger or in sealed bags;

E.          Right to be granted, along with family, all necessary visas;

F.          Facilities granted to the representatives of foreign state upon delegation in a temporary official assignment with respect to rules of currency;

G.         Facilities and immunities granted to diplomatic representative with respect to personal effects; and

H.         The provisions of the foregoing paragraphs shall not be applicable on the representatives of the hosting country.

Article 13

The privileges and immunities are not granted to the representative of member states for personal and private use; but they are granted as a security for them to avail full freedom and autonomy during the performance of assignments related to the council. Accordingly, the member states shall lift such immunities from respective representatives whenever it is established that such immunity is hindering justice in any way. Lifting of such immunity shall not prejudice the purpose for which it has been initially granted.

Article 14

The permanent missions and delegations at the GCC for Arab Countries and the bodies thereof shall avail the same privileges and immunities designated for the diplomatic missions and permanent members at any of the member states.

In accomplishment of this purpose, the secretary general shall notify the government of the member states with the names of the accredited permanent representatives at the GCC as well as those whose services are terminated.

Article 15

The personnel of the general secretariat of the GCC of Arab Countries shall avail the following privileges and immunities effective from the date of assuming office, regardless of respective nationality:

A.         Shall not be stopped or arrested by the competent authorities in member states for issues related to performance of official duties;

B.         Judicial immunity for statements and writings, in official capacities as officers of the GCC for Arab Countries. Such immunity shall be valid after expiry of official capacity, against statement, writing or act during the performance of official assignments; and

C.         Exemption of taxes on salaries and awards earned during office.

Article 16

In addition to the privileges and immunities granted under article (15) above, the secretary general, assistant secretary general, regardless to respective nationality, as well as spouse and dependants, shall also avail the status accredited to heads of diplomatic missions within the territories of the member states.

Article 17

Officials of the eighth grade and above, regardless to nationality, including spouse and dependants, shall avail the immunities and facilities accredited for counterpart members of the diplomatic missions accredited at the member states.

Article 18

The personnel of the general secretariat, other than the citizens of the hosting country, who are not subject to the provisions of articles (16) and (17) above, shall avail the following privileges and immunities:

1.           Exemption from commitments related to civil service, as well as to exempt spouse and dependant family members from restrictions with respect to emigration and foreign registration formalities;

2.           Exchange facilities granted to personnel of the same grade for members of diplomatic missions accredited at the hosting country;

3.           Facilities granted to diplomatic delegations during crisis for returning home countries; and

4.           Exemption of custom duty for two years from the date of assuming office for imports related to furniture and effects for stay in the concerned state.

Article 19

The personnel of the general secretariat holding the nationality of the hosting country, regardless to assumed offices, may not adhere to respective immunities before courts in home country for acts undertaken while on non-official assignments.

Article 20

In case the mandatory military service is due from personnel of the general secretariat, the concerned government may postpone such service for the personnel needed by the general secretariat, upon request thereof, for not more than two years.

Article 21

The privileges and immunities granted to the GCC personnel shall be for the interest of the council. Therefore the secretary general shall lift such immunity from the personnel of the general secretariat, in all cases whenever it is revealed that such immunity is hindering justice, and that the lifting of the same shall not prejudice the purpose for which it has initially been granted. An exception of the foregoing shall be the assistant secretary general whose immunity is lifted upon approval by the ministerial council. However, the immunity of the secretary general shall be lifted upon approval of the higher council, based on recommendation by the ministerial council.

Article 22

Experts from the GCC Countries other than the officials provided under the fifth chapter hereof, shall avail, while on assignment for the GCC, the necessary privileges and immunities for the proper performance of duties as follows:

A.         Shall not be stopped, arrested, or have personal effects held for any reasons;

B.         Judicial immunity upon finalization of assignments against statement issued in previous capacities;

C.         Sanctity of documents and written material;

D.         Right to use codes on correspondence, and receipt of mail through a special messenger or in sealed bags;

E.          Facilities granted to the representatives of foreign state upon delegation on a temporary official assignment with respect to rules of currency;

F.          Facilities and immunities granted to diplomatic representatives with respect to personal effects;

G.         Exemption of self and dependant family members of emigration restrictions and foreigner registration formalities; and

H.         Postponement of military service duty in accordance with the provisions of article (2).

Article 23

The privileges and immunities granted to personnel shall be for the interest of the council. Therefore the secretary general shall lift such immunity in all cases whenever it is revealed that such immunity is hindering justice, and that the lifting of the same shall not prejudice the purpose for which it has initially been granted.

Article 24

The ministerial council may form  a committee for the settlement of disputes related to the special law in which the council and the bodies thereof are parties, or disputes where any of the officials of the council, having immunity by the nature of his position, is part of the same, unless such immunity is lifted.

Article 25

In the event the subject of the dispute is a difference between the member states with respect to the interpretation or application of this agreement, while settlement through negotiation or through any other amicable tools has not been reached, such difference shall be referred for settlement by an arbitration panel in accordance with the article 10 of the statute law of the GCC Arab Courtiers.

Article 26

Nothing in the content hereof is construed as to prejudice the authority of any of the member states in taking appropriate measures for the preservation of respective security and safety of the nation, and the general law thereof. Any state member that deems it necessary to take such measures shall expedite contact with the secretariat general in order to secure the protection of the GCC interests.

Article 27

A.      Any member state is entitled to request amendment of this agreement;

B.      Amendment applications shall be submitted to the secretary general, who will circulate the same to member states at least four months before presentation of the same to the ministerial council;and

C.      Such amendment shall enter into force in accordance with the formalities provided under article (29).

Article 28

The council may conclude additional agreements to organize the implementation of this agreement within the countries of the member states.

Article 29

A.         This agreement shall be signed and ratified in accordance with the constitutional system of each member state. The ratification documents shall be submitted at the secretariat general of the GCC.

B.         This agreement shall become effective upon submission, by a majority of the member states, of the ratification documents.

IN WITNESS WHEREOF, the undersigned has hereto signed this Agreement.

Done at the city of Riyadh this Sunday 9^th of Jumaada al-THaany 1404H corresponding to 11 March 1984, in authentic copy, in Arabic,

Signature of Authorized Signatory

Signed in the on:

1.     The United Arab Emirates.

2.                 State of Bahrain

3.                 Kingdom of Saudi Arabia

4.                 Sultanate of Oman

5.                 State of Qatar

6.                 State of Kuwait