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Host Country Agreement Between the Bank for
International Settlements and
the United Mexican States
Relating to
the Establishment and Status of a
Representative Office of the
Bank for International
Settlements in Mexico
The Bank for International Settlements
(hereinafter referred to as "the Bank") and the United Mexican
States (hereinafter referred to as "the State");
Having regard to the Convention of 20th January 1930 respecting the
Bank, the Constituent Charter and Statutes of the Bank, and
the Protocol regarding the immunities of the Bank of 30th July 1936;
Taking into account that the Bank wishes to
establish a Representative Office for the Americas
(hereinafter referred to as "the Representative Office") in
the State in order to assist in performing its objects,
notably in the Americas, and that the State supports the
Bank's decision;
Desiring to settle, in the light of
international practice relating to the privileges and
immunities of intergovernmental organisations, the status of
the Representative Office in the State,
Have agreed as follows:
I. Status, Privileges and Immunities of the
Bank, including the Representative Office
Article 1
Objective
The objective of this Agreement is to assist
the Bank in performing its objects, notably in the Americas,
and to settle, in the light of international practice relating
to the privileges and immunities of intergovernmental
organisations, the status of the Representative Office in the
State.
Article 2
Legal Personality and Capacity
The State acknowledges the international legal personality
and the legal capacity of the Bank within the State.
The State shall at all times ensure that the
Bank benefits from or is granted in all respects treatment at
least as favourable as that granted by the State to any other
intergovernmental organisation in the State. With regard to
fiscal matters the Bank shall benefit from treatment at least
as favourable as that granted generally by the State to
intergovernmental organisations in the State, taking due
account of the specific function of the Representative Office
to promote monetary and financial cooperation in the Americas.
Article 3
Establishment and Seat of the
Representative Office
The Representative Office shall be headed by
a Senior Resident Representative, and shall be staffed with
such officials and other personnel as are appointed or
assigned at the discretion of the Bank.
The Bank shall be entitled to lease or
acquire movable property for the Representative Office and for
the accommodation of its personnel in the State as may be
necessary for the official purposes of the Bank and its
personnel.
The Bank shall be entitled to lease immovable
property for the Representative Office and for the
accommodation of its personnel in the State, as well as such
other facilities (including services and utilities) as may be
necessary for the official purposes of the Bank and its
personnel.
The Bank shall be entitled to acquire
immovable property in accordance with the provisions of the
Constitution of the State.
The Bank shall be entitled to display its
flag and emblem, if any, on the premises of the Representative
Office.
Article 4
Immunity of the Bank, its Goods and
Assets
The Bank, including the Representative Office, shall enjoy
immunity from every form of legal process in the State,
except:
a) To the extent that such immunity has been
expressly waived in individual cases by the President, the
General Manager or the Deputy General Manager of the Bank or
their duly authorised representative, in writing or in a duly
authenticated telecommunication or by the terms of a contract;
or
b) In the case of any civil action brought by
a third party for damage resulting from an accident occurring
in the State and caused by a motor vehicle belonging to, or
operated on behalf of the Bank, or in respect of a motor
traffic offence in the State involving such a vehicle.
The Bank shall do its best to ensure that
appropriate procedures are available for the satisfactory
settlement of private law disputes involving the
Representative Office and a person resident in or a body
incorporated in the State.
Property and assets of the Bank shall be
exempt from any measure of compulsory execution in the State,
except for any final judgement rendered by any court of the
State which has jurisdiction over the Bank pursuant to the
first paragraph of this Article.
All deposits entrusted to the Bank, all
claims against the Bank and the shares issued by the Bank
shall, without the express prior agreement of the Bank,
wherever located and by whomsoever held, be immune from any
form of seizure, attachment, sequestration, execution,
requisition, confiscation, expropriation, freeze or any other
form of seizure by executive, judicial or legislative action.
The Administrative Tribunal of the Bank (as described in
Article 4.2 of the Headquarters Agreement of 10th February 1987 determining the
legal status of the Bank in Switzerland) shall have exclusive
and final jurisdiction over all disputes in connection with
employment, welfare and pension matters between the Bank and
its personnel (or its former personnel) employed outside the
State and the officials of the Representative Office duly
accredited by the Ministry of Foreign Affairs in accordance
with Article 16 of this Agreement (or its former officials),
or persons claiming through them.
Article 5
Inviolability of the Premises and Archives
of the Bank
In addition to the provisions set forth in
Article 4 of this Agreement, the premises, regardless of
ownership, used from time to time by the Representative Office
shall be considered as premises of the Bank in the State and
shall be inviolable; such premises shall be under the control
and authority of the Bank. No representative of the State or
of other authorities may enter upon said premises to perform
any duty without the express consent of, and under the
conditions, if any, agreed to by the President of the Bank, or
the General Manager of the Bank, or the Deputy General Manager
of the Bank, or the Senior Resident Representative, or their
duly authorised representative. The consent of the Senior
Resident Representative may, however, be assumed in the case
of fire or other disaster requiring prompt protective action
if he or she cannot be reached in time.
All archives and records of the Bank and, in
general, all documents and any data or data media belonging to
the Bank or in its possession shall be inviolable at any time
and in any place.
The Bank shall exercise supervision of and
security control over the premises of the Representative
Office.
The premises of the Representative Office and
its immediate surroundings shall be accorded the same
protection against any intrusion or damage and any disturbance
of law and order in or at the Representative Office at least
as favourable as that granted by the State to any other
intergovernmental organisation in the State.
Article 6
Freedom of Action of the Bank
The State shall guarantee to the Bank the
autonomy and freedom of action to which it is entitled as an
intergovernmental organisation of central banks and monetary
authorities based on international treaties between States.
In particular, the State shall grant to the
Bank, including to the Representative Office, as well as to
the members of the Bank and other institutions in their
relations with the Bank, absolute freedom to hold meetings in
the State in connection with the Bank's objects and functions
including freedom of discussion and decision.
The State shall grant access to its territory
for any person, irrespective of nationality, who fulfils any
function for the Bank or who is invited by the Bank in
connection with any official Bank activities. In this regard,
the State shall take appropriate measures to facilitate the
entry of such persons into, departure from and freedom of
movement within the State, notably by granting, upon request
by or supported by the Bank, such visas, free of charge, if
applicable, as may be necessary and by providing such further
assistance as may be required by the Bank.
The Bank shall have the power to make rules
and regulations operative within the Representative Office for
the full and independent exercise of its activities and
performance of its functions.
The Bank shall not be subject to any form of
financial or banking supervision or obliged to implement any
form of accounting standard, or to comply with any form of
licensing or registration requirement.
Article 7
Communications
All official correspondence and
communications to or from the Representative Office, by
whatever means and in whatever form transmitted or received,
shall be immune from censorship and any other form of
interception or interference.
In the context of its official duties and
without any interference, the Representative Office shall be
entitled to unfettered access to world-wide telecommunication
links of its choice and to freely use any communication
facilities that it considers most appropriate to establish
contacts with the Bank, central banks, international
organisations, governmental offices, other institutions and
any other person.
The Representative Office shall benefit, in
respect of all official communications, from treatment at
least as favourable as that granted by the State to any other
intergovernmental organisation in the State.
The Bank shall be entitled to use codes and
encryption for its official communications. The Bank shall
also be entitled to send and receive official correspondence
and communications, on any form of data media, including by
duly identified couriers or in sealed bags, which shall have
privileges and immunities no less favourable than those
customarily accorded to diplomatic couriers and bags.
Article 8
Free Disposal of Funds and Freedom to
Conduct Operations
The Bank may receive, deposit, hold, convert
and transfer all currency, funds, cash, gold and other
transferable securities, and dispose freely thereof, and
generally carry out without any restriction all operations
permitted by its Statutes within the State and in the Bank's
relations with other financial markets, subject to Article 19
of its Statutes. The procedures for such operations shall be
in accordance with the legal provisions in effect within the
State.
The Bank shall have the unrestricted right to
transact business with any financial or other institution
located outside the State.
Article 9
Fiscal Provisions Regarding the Bank and
the Representative Office
In the context of the Bank's official
activities, the Bank, including the Representative Office, its
assets, income and other property shall benefit from the
following privileges and exemptions:
a) Exemption from all direct taxes;
b) Exemption from all indirect taxes.
Concerning Value Added Taxes which may be included in the
public sale price of any good, the Representative Office shall
be entitled to claim reimbursement of the amount of such taxes
in accordance with the attached Protocol and the operating
procedures established in the applicable fiscal provisions;
However, the Representative Office shall not
be entitled to claim for any exemption or reimbursement
related to charges for public services rendered to the
Representative Office (such as utility charges), provided such
charges are non-discriminatory and generally levied.
c) Exemption from any liability regarding tax
collection or withholding;
d) The Representative Office shall be exempt
from all custom duties on imports or exports, on all goods and
articles, including publications, data, data media and
audiovisual material for its official use. Nevertheless, the
Representative Office shall comply with the operating
procedures established in the applicable fiscal provisions;
e) The Representative Office shall be exempt
from all custom duties on the importation of motor vehicles,
as well as be entitled to a reimbursement of Value Added Tax
on the acquisition of motor vehicles in the national market.
With regard to such exemption and reimbursement, the
Representative Office shall comply with the operating
procedures established in the applicable fiscal
provisions.
II. Privileges and Immunities Granted to
Persons Carrying out Official Bank Activities
Article 10
Immunities of Bank Officials and All
Personnel of the Representative Office
Members of the Board of Directors of the
Bank, the President of the Bank, the General Manager of the
Bank, the Deputy General Manager of the Bank, while carrying
out official Bank activities and throughout their journey to
or from the place where a meeting is held in the State, shall
enjoy the following immunities:
a) Immunity from jurisdiction of any court or
tribunal in the State, in particular with respect to civil,
administrative and criminal matters, with respect to things
done or omitted to be done including words spoken and
writings, even after their mission has been accomplished or
they are no longer employed with the Bank, except in the case
where the Bank waives immunity in accordance with Article 17
of this Agreement;
b) Immunity from inspection or seizure of
official baggage;
c) Immunity from arrest or imprisonment and
immunity from inspection or seizure of personal baggage
(except in flagrant cases of criminal offence);
d) Inviolability of all papers, documents,
data or data media;
e) The right to use codes and encryption of
any kind in official communications; and
f) The right to receive or send official
documents or correspondence by means of couriers or diplomatic
bags.
The Senior Resident Representative and all
personnel of the Representative Office, duly accredited by the
Ministry of Foreign Affairs in accordance with Article 16 of
this Agreement, shall, while carrying out official Bank
activities, enjoy the immunities referred to in (a) and (b)
above.
The Senior Resident Representative and all
personnel of the Representative Office shall enjoy privileges
(including exemptions), immunities, and facilities at least as
favourable as those granted by the State to officials of
comparable rank of any other intergovernmental organisation in
the State.
Article 11
Fiscal Privileges and Exemptions Granted to
All Personnel of the Representative Office who are not
Nationals of the State
The Senior Resident Representative and all
personnel of the Representative Office, duly accredited by the
Ministry of Foreign Affairs in accordance with Article 16 of
this Agreement, as well as their spouses, partners, and
dependant members of their families who are their direct
ascendant or descendant relatives in the first degree and who
live with them in the State, who are not nationals of the
State, shall benefit from the following privileges and
exemptions:
a) Exemption from any tax on their wages, any
income, fees, allowances or emoluments, paid to them by the
Bank;
b) Exemption, at the time of the payment,
from any tax on capital payments, if any, paid to them by the
Bank, including capital payments paid to them by way of
indemnity for sickness or accident; income derived from such
capital payments, as well as annuities and pensions paid to
former personnel of the Bank, shall not be exempt from tax;
c) Exemption from tax on any income whose
source is located outside the State;
d) They shall be entitled to import one motor
vehicle of their property, exempt from all custom duties, as
well as to a reimbursement of Value Added Tax on the
acquisition of one motor vehicle in the national market, for
personal use, in accordance with the operating procedures
established in the applicable fiscal provisions;
e) They shall be entitled to import their
baggage, household and personal effects, free of any duties,
in accordance with the procedural requirements applicable in
the State.
Article 12
Facilities Granted to all Personnel of the
Representative Office who are not Nationals of the State
The State shall take all measures required to
guarantee to the members of the Board of Directors of the
Bank, the President of the Bank, the General Manager of the
Bank, the Deputy General Manager of the Bank, the Senior
Resident Representative and all personnel of the
Representative Office, their spouses, partners and dependant
members of their families who are their direct ascendant or
descendant relatives in the first degree and who live with
them in the State, who are not nationals of the State, all
necessary facilities for the performance of their duties, in
particular regarding:
a) Their accreditation, if applicable, before
the Ministry of Foreign Affairs in accordance with Article 16
of this Agreement;
b) The granting of visas, free of
charge, if applicable;
c) The freedom of transit to, within
and from the State;
d) In case of domestic disturbances or
international conflict, all facilities necessary to leave the
country, if they wish to, by whatever means they consider
safer and speedier; and
e) Exemption from restrictions on immigration
and any formality concerning the registration of persons who
are not nationals of the State, and exemption from all
obligations relating to personal public, civil or military
service.
Article 13
Free Disposal of Funds
Members of the Board of Directors of the
Bank, the President of the Bank, the General Manager of the
Bank, the Deputy General Manager of the Bank and the Senior
Resident Representative and all personnel of the
Representative Office, their spouses, partners and dependent
members of their families, who are their direct ascendant or
descendant relatives in the first degree and who live with
them in the State, who are not nationals of the State, may
convert and transfer currency from the State to any other
country and vice versa, on conditions at least as favourable
as those granted by the State to officials of comparable rank
of any other intergovernmental organisation in the State. The
procedures for such operations shall be in accordance with the
legal provisions in effect within the State.
Article 14
Labour Relations
Considering the international status of the
Bank referred to in Articles 1 and 2 of this Agreement, the
State recognises that the labour relations between the Bank
and its personnel employed outside the State and officials of
the Representative Office duly accredited by the Ministry of
Foreign Affairs in accordance with Article 16 of this
Agreement, are governed by rules based on international law
and subject to the jurisdiction of the Administrative Tribunal
of the Bank in accordance with Article 4.
The Bank and its officials, duly accredited
by the Ministry of Foreign Affairs, in their capacity as
international civil servants, shall not be subject to social
welfare and labour legislation in force in the State.
Personnel not mentioned in the preceding
paragraph, hired by the Representative Office in the State,
shall be subject to social welfare and labour legislation in
force in the State, and to the jurisdiction of courts or
tribunals of the State in their employment relations with the
Bank. The Bank shall be exempt from any liability for the
collection or withholding of any tax or contribution, except
contributions for social welfare with regard to personnel
subject to social welfare in the State.
The Bank shall ensure that all personnel of
the Representative Office are granted adequate labour
conditions and social welfare protection.
Article 15
Experts
Experts who are not nationals of the State,
on temporary assignment in the State duly accredited by the
Ministry of Foreign Affairs shall, in connection with their
mission, be assimilated to the personnel of the Representative
Office and be afforded all the immunities and facilities
granted under Articles 10 to 14 of this Agreement, as
applicable.
Experts who are nationals of the State, on
temporary assignment in the State, shall, in connection with
their missions, be afforded the immunities referred to in
subparagraphs (a) to (b) of Article 10 of this Agreement.
Article 16
Accreditation Procedure and Identity Cards
of Bank Personnel
For the purpose of accreditation in the
State, the Bank shall inform the Ministry of Foreign Affairs,
through the Directorate General of Protocol, of the name, date
of birth, nationality, domicile in the State and category of
employment of the officials of the Representative Office and
of other personnel hired by the Representative Office in the
State. The same details, as applicable, shall be provided for
any official's spouse, partner or dependant members of their
families, who are their direct ascendant or descendant
relatives in the first degree and who live with them in the
State.
After reviewing the information provided by
the Bank in accordance with the above paragraph, the Ministry
of Foreign Affairs of the State shall duly accredit the
officials of the Representative Office, and their spouse or
partner and dependants as well as other personnel hired by the
Representative Office in the State, and issue identity cards
to identify these persons before any authority in the State.
Article 17
Purpose of, Waiver of, and Exceptions to,
Immunity
The privileges, immunities, exemptions,
facilities, assurances and other rights referred to in Part II
of this Agreement are solely granted to ensure, in all
circumstances, the freedom of action of the Bank and the
complete independence of persons performing official
activities for the Bank, and are not granted for the personal
benefit of those persons.
The President of the Bank, or the General
Manager of the Bank, or the Deputy General Manager of the Bank
shall, if they consider that the immunity of any member of the
personnel of the Representative Office or experts on temporary
assignment is being used to hinder the normal course of
justice, and that it is possible to waive such immunity
without prejudicing the interests of the Bank, waive that
immunity.
Where immunity is not waived in accordance
with this Article, the Bank shall do its best effort to ensure
the satisfactory settlement of disputes involving any third
party and any member of the personnel of the Representative
Office or any expert on temporary assignment who, pursuant to
Part II of this Agreement, benefits from immunity.
The Bank and the State shall cooperate in
order to avoid any abuse of the immunities, privileges,
exemptions and facilities established in this Agreement and to
ensure the observance of police regulations in force in the
State.
III. General and Final Provisions
Article 18
Settlement of Disputes
In case of any dispute arising from the
interpretation or application of this Agreement, the State and
the Bank shall enter into consultations with a view to
reaching an amicable settlement.
If any such dispute cannot be resolved in
accordance with the procedure established in the previous
paragraph, unless the parties agree to adopt another
settlement mechanism, it shall be referred at the instigation
of either party to the Arbitral Tribunal provided for in the
Hague Agreement of 20th
January 1930 for final settlement.
Article 19
Non-responsibility of the State
The State shall not, as a result of the
Bank's activities in the State, assume any international
responsibility for any act or omission by the Bank or by its
personnel.
Article 20
Security of the State
Nothing in this Agreement shall affect the
right of the State to apply any appropriate safeguard in the
interests of the security of the State. If any such safeguard
is considered necessary, the State shall immediately contact
the Bank to determine jointly with the Bank any appropriate
measure to protect the interests of the Bank.
The Bank shall cooperate with the appropriate
State authorities to prevent any prejudice, as a result of any
activity of the Representative Office, to the security of the
State.
Article 21
Implementation
The Ministry of Foreign Affairs shall provide
its assistance to the Bank with regard to the implementation
of this Agreement by the State and in making such practical
arrangements as may be necessary.
The Bank shall carry out its activities
within the State in accordance with the legal provisions in
force within the State, subject to the provisions of this
Agreement.
Whenever necessary, the operating procedures
referred to in this Agreement shall be the subject of an
exchange of letters between the Bank and the relevant
authority of the State at the appropriate time.
Article 22
Existing Privileges and Immunities
This Agreement shall in no way affect the
privileges and immunities granted to the Bank pursuant to the
Convention of 20th January
1930 respecting the Bank, the Constituent Charter and Statutes
of the Bank, and the Protocol regarding the immunities of the
Bank of 30th July 1936.
Article 23
Entry Into Force
This Agreement shall enter into force thirty
days after the parties have exchanged notifications
communicating that the respective requirements to this effect
have been fulfilled.
Article 24
Amendment
This Agreement may be amended at the request
of either party. Following any such request, the parties shall
jointly examine and agree to appropriate changes to the
provisions of this Agreement. The amendments shall enter into
force in the same manner as mentioned in Article 23.
Article 25
Termination
Either party may terminate this Agreement
upon giving the other party six months' written notice of
termination.
Relevant provisions of this Agreement shall
continue to be applied after its termination for the time
reasonably required for the settlement of the affairs of the
Bank and the disposal of its property in the State as well as
for the repatriation of personnel from the State.
IN WITNESS WHEREOF, the undersigned, duly
authorised respectively thereto by the Bank and the State,
have signed this Agreement.
Done in duplicate at Mexico City on 5th November 2001 in the English
and Spanish languages, both texts being equally authentic.
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For the Bank for International
Settlements |
For the United Mexican
States |
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