|
Supreme Decree N°206/2002 (Ministry of Foreign Affairs of the Republic of Chile)
Promulgation of the agreement with the Justice Studies Center of the Americas
Published in the Official Register, October 18, 2002
Having seen:
Article 32 Nº17, and 50 Nº1, of the Political Constitution of the Republic.
Considering:
That on January 22, 2001, an Agreement was signed between the Government of Chile and the Justice Studies Center of the Americas, with respect to the establishment of the Center’s Headquarters in Santiago, Chile.
That the mentioned Agreement was approved by the National Congress, as is set forth in official letter Nº3,857 of July 18, 2001, of the Honorable House of Representatives.
That the requirements of paragraph 1 of article XI of the Agreement have been met,
I Hereby Decree
Sole Article:
The Agreement between the Government of Chile and the Justice Studies Center of the Americas, signed January 22, 2001, is to be enacted, executed and implemented as law and an authorized copy of its text HAS TO be published in the Official Register.
This decree shall hereby be recorded, recognized, and published.- Ricardo Lagos Escobar, President of the Republic of Chile.- María Soledad Alvear Valenzuela, Minister of the State Department.- José Antonio Gómez Urrutia, Minister of Justice. Which I duly transcribe here for your information.- José Miguel Cruz Sánchez, Ambassador, General Administrative Director.
Agreement betwen the Justice Studies Center of the Americas and the government of Chile
Considering:
That in the Plan of Action adopted during the Second Americas Summit, held in Santiago, Chile, in April 1998, the Heads of State and Government agreed to establish a Justice Studies Center of the Americas to promote the training of human resources, the exchange of information, and other forms of technical cooperation within the Americas, in accordance with the specific requirements of each country. That in April 1999, the Permanent Council of the OAS established a Special Group charged with carrying out the Recommendations of the Annual Meeting of Justice Ministers and Ministers or Attorneys General of the Americas ( hereinafter referred to as REMJA), whose Report was presented to the Permanent Council session of September 28, 1999, which concluded with the approval of the Draft Statutes of the Justice Studies Center of the Americas;
Bearing in mind
The Resolution of the General Assembly of the Organization of American States pronounced during its Twenty-sixth Special Session, held November 15, 1999, which established the Justice Studies Center of the Americas and adopted its Statutes; The request of the Government of Chile to be the headquarters of the said Center. That the III REMJA, in accordance with the authorities assigned to it in the Statutes of the Center, and bearing in mind the recommendation of the Board of Directors, decided that the headquarters of the Justice Studies Center of the Americas be established in Santiago, Chile.
Therefore,
The Government of Chile and the Justice Studies Center of the Americas have agreed upon the following:
Article I
Definitions
For the purposes of the present Agreement, the following terms are defined as follows:
-
“Government”, the Government of the Republic of Chile;
-
“OAS”, the Organization of American States;
-
“Center”, the Justice Studies Center of the Americas;
-
“Program”, the set of activities undertaken by the Center in compliance with its objectives;
-
“Competent Authorities”, the Authorities of the Republic of Chile in accordance with its laws;
-
“The Center’s Headquarters”, the sites and/or premises occupied by the Center, regardless of the property owner;
-
“Goods”, the furnishings, vehicles, rights, funds in any currency, assets, income, other resources and anything that may constitute the patrimony of the Center;
-
“Records”, the documents of any nature or in any form, whether paper or electronic, that are the property of or in the possession of the Center
-
“Board of Directors”, the highest body of the Center, comprised of seven members appointed by the General Assembly of the OAS;
-
“Executive Director”, the person responsible for the general operations of the Center, appointed by the Board of Directors;
-
“Local Personnel”, the persons hired locally by the Executive Director for professional, administrative or service duties;
“International Personnel”, non-local persons hired by the Executive Director. This group is further defined as:
-
“Permanent International Personnel”, any non-Chilean personnel who regularly works for the Center for a period superior than one year
-
“Non-Permanent International Personnel”, any non-Chilean person who works for the Center in Chile for a period of less than one year.
Article II
Objectives of the Center
The objectives of the Center are to promote the training of human resources, the exchange of information, the support of the processes of reform and modernization of the justice systems in the region and other forms of technical cooperation in the area of justice within the Hemisphere, in accordance with the specific requirements of each country.
The Center may not be utilized in any manner that is incompatible with its objectives and duties.
Article III
Legal Capacity
The Center shall have legal personality within the territory of the Republic of Chile and shall have full authority to:
-
Enter into contracts;
-
Acquire and dispose of moveable property and real property , and
-
Initiate legal and administrative actions The Center’s legal representation shall be exercised by the Executive Director or by a duly-appointed representative appointed by the Board of Directors
Article IV
Immunities and Privileges of the Center
The Government shall grant to the Center, its personnel, goods, funds and assets, the privileges and immunities contemplated in the Agreement.
Article V
Financial Facilities
The Center may:
-
Have in Chile funds and currency of any type and open and maintain accounts in any currency;
-
Freely transfer its funds or currency within or outside the territory of the Republic of Chile.
Article VI
Exemption of Taxes and Other Charges
The Center, its goods, and assets are exempt from:
-
All direct taxes. However, it must pay for the public services it uses
-
Customs charges and prohibitions or restrictions on the importation or exportation of articles, publications, and goods intended for official use, which may not be marketed without authorization from the Government
-
The payment of certain mandatory charges, such as contributions to the national social security system required of the employer, and of the registration of the Executive Director and of the permanent international personnel in said system.
The previous notwithstanding, all local personnel shall be subject to labor legislation and social security of the Republic of Chile. The Center must make the provisional contributions corresponding to said personnel.
Article VII
Premises and Records of the Center
The headquarters, premises, and records, as well as all documents in general that belong to or are in the possession of the Center shall be inviolable.
The previous notwithstanding, the Center shall not provide political asylum.
Article VIII
Communications
The Center shall have, within the territory of the Republic of Chile, for its official communications, both national and international:
-
A treatment no less favorable than that granted by the Government of Chile to any international organization, in terms of tariffs and applicable rates for correspondence, cable grams, telegrams, telephonic communications, and others, and
-
The right to send and receive its correspondence by mail or in special pouches with the same immunities and privileges granted to the mail and diplomatic pouches
None of the provisions of this Article may be interpreted as prohibitive of the adoption of appropriate security measures for purposes of public order
Article IX
Immunities and Privileges
-
The Executive Director and the permanent international staff:
-
Shall have immunity of jurisdiction in the exclusive exercise of their official duties;
-
Shall be exempt from income taxes based on salaries, remunerations and compensations paid by the Center
-
Shall have the right to import, free of customs duties and other taxes, prohibitions or restrictions on importation, household goods, including an automobile, at the moment of assuming their positions in Chile. The same privilege shall be applied for importing an automobile for the use of the Center. For the effects of the transference of the automobile, the general regulations established for the resident Diplomatic Corps shall be applied.
-
The immunities and privileges extended in this Agreement are conferred in the interest of the Center to safeguard the independent execution of its operations. The Center and its personnel shall cooperate with the Chilean authorities to promote justice, ensure the observation of the police regulations and refrain from any and all abuse of the immunities and privileges recognized under this Agreement.
-
In no case will the immunity of jurisdiction established in section 1 a) of this article be extended to acts that constitute an infraction or breach of the traffic regulations or labor laws in effect in Chile.
-
The provisions made in section 1 b) of this article shall be extended to the transitory international personnel.
-
The members of the Board of Directors who are not host country nationals will have immunity of jurisdiction for the opinions they emit in the exclusive execution of their duties while within Chilean territory.
Article X
Settlement of Disputes
Any difference relative to the interpretation or application of this Agreement shall be resolved by the Parties through the pertinent consultations. If the difference is not resolved through these channels within six months of their initiation, either Party may request arbitration. Such decision shall be communicated to the other party in writing.
The arbitration board must convene within 30 days after the designations referred to in the following paragraph are made. Within the said period, the Parties shall establish the jurisdiction of the board and establish the procedure to be followed.
Each Party shall name an arbiter of their choice and the two duly-named arbitrators will select a third, who will preside over the board.
In the event that one of the Parties fail to name an arbitrator within a period of 30 days from the date of the communication referred to in the first paragraph of this article, the other Party may request that the President of the International Court of Justice appoint that arbitrator.
The costs will be the responsibility of each Party.
Article XI
Final provisions, enactment, and amendments
-
This Agreement shall become effective on the thirtieth working day from the day that the Executive Director of the Center receives written notification from the Government of Chile indicating the completion of the necessary Chilean constitutional procedures.
-
Either of the Parties may request a consultation to amend the present Agreement. All amendments shall be made by the mutual consent of the Parties and shall become effective in the same manner stipulated in the previous paragraph.
-
This Agreement shall be effective indefinitely, and may be terminated by either Party via written notification of the other Party, with a minimum of six months anticipation of the intention to terminate said Agreement. Without prejudice to the preceding provisions, the projects and programs in effect shall continue until their conclusion. With respect to the disposal of the Center’s property, the parties shall agree upon a term not to exceed one year for the completion of its liquidation. In both cases, the regulations stipulated in this Agreement shall continue in effect.
Signed in Santiago, Chile, on the twenty-second day of the month of January of the year two thousand one in four copies in Spanish and in English, all being equally authentic.
|
