Agreement Between the Government of the Republic of Turkey and the OIC
Agreement between the Government of Turkey and the Organisation of the Islamic Conference on the Establishment in Istanbul of the Research Centre for Islamic History Art and Culture
Parties signatory to the present Agreement have agreed on the following provisions:
In the Agreement:
a) The Conference” means the Conference of Kings and Heads of State and Government or the Conference of Foreign Ministers or their officially accredited representatives.
b) Member States” means the Member States of the Organisation of the Islamic Conference.
c) The Secretary General” means the Secretary General of the Organisation of the Islamic Conference.
d) The General Secretariat” means the General Secretariat of the Organisation of the Islamic Conference.
e) The Subsidiary Organs” means the organs founded by the Organisation of the Islamic Conference and connected to the General Secretariat of the Organisation of the Islamic Conference.
f) The Centre” means the Research Centre for Islamic History, Art and Culture (RCIHAC).
g) The Government Council” means the Governing Council of the Research Centre for the Islamic History, Art and Culture.
h) The Executive Bureau” means the Executive Bureau of the Research Centre for the Islamic History, Art and Culture.
i) The Director” means the Director of the Research Centre for the Islamic History, Art and Culture.
j) The Agreement” means this Agreement between the Organisation of the Islamic Conference and the Government of the Republic of Turkey.
The Centre has judicial personality, it is authorized to conclude contracts, acquire and utilise movable and immovable properties and introduce legal proceedings before the courts.
PROPERTIES, FUNDS AND ASSETS
Properties and assets of the Centre, wherever their location and whoever their withholder is, are entitled to immunities and privileges recognized by the Agreement except in case the Director, acting on behalf of the Centre waives them. Such waiver cannot, however, entail forceful measures against the Centre.
The premises of the Centre are inviolable provided that they are used in conformity with the aims of the Centre. In this context, its properties and assets, wherever their location and whoever their withholder is, cannot be subjected to search, requisition, confiscation, expropriation or to any form of administrative, judicial or legislative procedures.
- The archives and documents of the Centre are inviolable wherever they are located, provided that they are in line with the objectives of the Centre.
- No censorship can be applied to the official communications and correspondence of the Centre.
- The Centre, without being subjected to any restriction or financial control, regulation or moratorium;
a) may hold currency of any kind and have accounts in any monetary unit;
b) may freely transfer its funds to and from Turkey and convert them into any monetary unit;
c) and is also entitled to convert any currency in its possession into another at the official exchange rate in force.
- It is however understood that in the exercise of the prerogatives indicated above, the Centre pays due regard to the recommendations of the Government of the Republic of Turkey and takes them into consideration insofar as they are compatible with the realization of its objectives.
The Centre itself, the assets, incomes, other properties are exempted;
a) from all direct taxes. The Centre however cannot claim exemption from rates taxes or fees which are charged for public utility services.
b) from all customs taxes and stamp fees, charges and any import or export restrictions in respect of articles imported or exported by the Centre for its official use. However articles imported under such exemption cannot be disposed of, by way of sale or gift except under conditions approved by the Government of the Republic of Turkey.
c) from all sort of customs duties and charges for the importation and exportation of its publications.
The Centre cannot, as a general rule, claim exemption from sale taxes and excise duties levied on the sale of movable and immovable goods which form part of the price to be paid.
Nevertheless, when the Centre makes considerable purchases of such goods for official use, the Government of the Republic of Turkey, whenever possible, takes the appropriate administrative measures to waive or refund such taxes.
PERSONNEL OF THE CENTRE
Personnel of the Centre will be composed of nationals of Member States and be regarded as international staff. Throughout their term of duty, the personnel of the Centre will act in accordance with the objectives and interests of the Centre and that shall give proof of probity and integrity which the nature of their duties require.
Personnel of the Centre are divided into three categories in respect to privileges and immunities:
First category: Director, Assistant Director, Experts
Second category: Junior Experts, administrative and technical staff
Third category: Other personnel and supporting staff.
Permanent personnel of the Centre other than nationals of the Republic of Turkey enjoy the following privileges and immunities.
1. Those who fall in the First Category:
a) legal immunity for written or spoken statements made and acts done in their official capacity.
b) in view of the foreign exchange restrictions the same facilities accorded to diplomatic personnel of similar rank,
c) in case of necessity, same facilities accorded to the diplomatic personnel of similar rank, concerning the formalities in returning to their home country, for themselves, their spouses and the members of their close family and,
d) the right to import free of duty personnel and household effects and one motor vehicle for their personal use. Sale of such property and private vehicle to people who do not have diplomatic status will be subject to regulations applied to members of the diplomatic corps.
2. Those who fall in the second category benefit from relevant provisions of temporary important regulations in addition to facilities set out in paragraphs (b) and (c) above.
Personnel other then nationals of the Republic of Turkey, who will be recruited for temporary bases as advisors and experts benefit from privileges and immunities set out in paragraphs 1. (a), (b) and (c) of Article 11.
Emoluments and salaries paid by the Centre to its personnel are exempted from taxation.
Nationals of the Republic of Turkey working for the Centre are exempted from foreign exchange and travel restrictions in their overseas travel on behalf of the Centre.
GENERAL PROVISIONS RELATED TO PRIVILEGES AND IMMUNITIES
Privileges and immunities accorded to the personnel of the Centre do not have personal and individual character but are intended to guarantee free exercise of their functions assigned to them by the Centre.
Consequently, the Secretary General not only has the right but it is his duty to waive the immunity of the member of the personnel of the Centre, insofar as this immunity can be waived without affecting the aim to which it is intended, in case he considers that maintaining this immunity impedes the course of justice.
In order to facilitate the smooth functioning of all legal affairs, the Government of the Republic of Turkey and the Centre will act in concert to ensure the police regulations are respected and to avoid any misuse of privileges and immunities accorded by the Agreement.
In case the Government of the Republic of Turkey considers that these privileges and immunities accorded by the Agreement have been diverted from their aims and in order to be able to affirm whether these misuses have in effect being committed or not, and in the affirmative, to prevent their repetition, consultations among the Government of the Republic of Turkey, the Centre and the Secretariat General will take place.
SOLUTION OF DISPUTES AND IMPLEMENTATION
The Director will take necessary action to solve in a proper manner the disputes that may arise from the contracts that he is a party to or from the private law.
The disputes which involve the personnel of the Centre who enjoy the above-emotioned immunities in their official capacity, in case such immunities are not waived in accordance with the 3rd and 15th articles of this Agreement.
The Director will be in close cooperation with the Government of the Republic of Turkey in order to secure the effective implementation of the Agreement.
This Agreement may be terminated by either party upon a one year notice.
This Agreement will enter into force upon its ratification by the Government of the Republic of Turkey and by the Secretary General.
This Agreement is done in Arabic, English, French and Turkish. However in the event of the divergence the English text shall prevail.
In Witness whereof the undersigned, being duly authorised, have signed the present Agreement at Jeddah on the 16 May, day of Sixteen May, 1981 nineteen hundred eighty one.
For the Government of the Republic of Turkey
M. HUSEYIN E. CELEM
AMBASSADOR OF THE REPUBLIC OF TURKEY, JEDDAH
For the Organisation of the Islamic Conference
M. HABIB CHATTY
ORGANISATION OF THE ISLAMIC CONFERENCE