International Atomic Energy Agency Information Circular (Unofficial electronic edition)

INFCIRC/9/Rev.2/Add.10 October 1995 GENERAL Distr. Original: ENGLISH

1. The list of Member States shows the 65 Members which, by 30 September 1995, had accepted the Agreement on the Privileges and Immunities of the International Atomic Energy Agency, as provided for in Section 38 thereof.

2. The list is followed by the texts of reservations made to the Agreement.

On 28 February 1997 an addendum was issued to this document (INFCIRC/9/Rev.2/Add.11).

Member	Date of deposit of instrument of acceptance
Afghanistan
Albania
Algeria
Argentina	15 October 1963
Armenia
Australia	9 May 1986
Austria
Bangladesh
Belarus*	2 Dec 1966
Belgium*	26 Oct 1965
Bolivia	10 Apr 1968
Bosnia and Herzegovina
Brazil	13 Jun 1966
Bulgaria*	17 Jun 1968
Cambodia
Cameroon	22 Sep 1988
Canada*	15 Jun 1966
Chile*	8 Dec 1987
China*	16 Jul 1984
Colombia	1 Jul 1983
Costa Rica
Côte d'Ivoire
Croatia	12 Feb 1993 (succession)
Cuba*	24 Aug 1982
Cyprus	27 Jul 1983
Czech Republic*	27 Sep 1993 (succession)
Denmark*	14 Mar 1962
Dominican Republic
Ecuador	16 Apr 1969
Egypt	12 Feb 1963
El Salvador
Estonia	12 Feb 1992
Ethiopia
Finland	29 Jul 1960
France
Gabon
Germany*	4 Aug 1960
Ghana	16 Dec 1963
Greece	2 Nov 1970
Guatemala
Haiti
Holy See	21 Jan 1986
Hungary*	14 Jul 1967
Iceland
India	10 Mar 1961
Indonesia*	4 Jun 1971
Iran, Islamic Rep. of	21 May 1974
Iraq	23 Nov 1960
Ireland	29 Feb 1972
Israel
Italy*	20 Jun 1985
Jamaica	5 Sep 1967
Japan	18 Apr 1963
Jordan*	27 Oct 1982
Kazakhstan
Kenya
Korea, Republic of*	17 Jan 1962
Kuwait
Lebanon
Liberia
Libyan Arab Jamahiriya
Liechtenstein
Lithuania
Luxembourg*	24 Mar 1972
Madagascar
Malaysia
Mali
Marshall Islands
Mauritius	7 Apr 1975
Mexico*	19 Oct 1983
Monaco
Mongolia*1	12 Jan 1976
Morocco*	30 Mar 1977
Myanmar
Namibia
Netherlands	29 Aug 1963
New Zealand	22 Jun 1961
Nicaragua	17 Oct 1977
Niger	17 Jun 1969
Nigeria
Norway	10 Oct 1961
Pakistan*	16 Apr 1963
Panama
Paraguay
Peru
Philippines	17 Dec 1962
Poland*	24 Jul 1970
Portugal
Qatar
Romania*	7 Oct 1970
Russian Federation*2	1 Jul 1966
Saudi Arabia
Senegal
Sierra Leone
Singapore*	19 Jul 1973
Slovak Republic**	27 Sep 1993 (succession)
Slovenia	21 Sep 1992 (succession)
South Africa
Spain	21 May 1984
Sri Lanka
Sudan
Sweden	8 Sep 1961
Switzerland*	16 Sep 1969
Syrian Arab Republic	18 Dec 1989
Thailand*	15 May 1962
The former Yugoslav Republic of Macedonia
Tunisia	28 Dec 1967
Turkey*	26 Jun 1978
Uganda
Ukraine*	5 Oct 1966
United Arab Emirates
United Kingdom*1	19 Sep 1961
United Republic of Tanzania
United States
Uruguay
Uzbekistan
Venezuela
Viet Nam	31 Jul 1969
Yemen
Yugoslavia3	14 Oct 1963
Zaire
Zambia
Zimbabwe
Acceptances: 65

Belarus
"The Byelorussian Soviet Socialist Republic does not consider itself bound by the provisions of Sections 26 and 34 of the Agreement, under which there is an obligation to submit to the jurisdiction of the International Court of Justice. With regard to the question of referring to the International Court of Justice differences arising out of the interpretation or application of the Agreement, the Byelorussian SSR adheres as before to the position that the consent of all parties involved in a dispute must be obtained in each individual case before that dispute can be referred to the International Court of Justice. This reservation applies equally to the provision in Section 34 that the opinion given by the Court shall be accepted as decisive." (Original Russian, translation by the Secretariat)

Belgium
"In accordance with Article XII, Section 38 of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency, approved by the Board of Governors at Vienna on 1 July 1959, the Government of the Kingdom of Belgium hereby excludes from the application of the said Agreement the provisions contained in the last sentence of Article VI, Section 20." (Original French; translation by the Secretariat)

Bulgaria
"The People's Republic of Bulgaria does not consider itself bound by the provisions of Sections 26 and 34 of the Agreement. The People's Republic of Bulgaria considers that a dispute on the interpretation and application of the Agreement may be referred to the International Court of Justice only after the parties to the dispute have given their consent in respect of each individual case. This reservation applies equally to Section 34, which states that the opinion of the Court shall be accepted as decisive by the parties." (Original Bulgarian; translation by the Secretariat from a certified French translation furnished by the Government)

An amended version of this reservation was communicated in a Note dated 19 April 1994. It reads:

"...has withdrawn the following reservations...in respect of Section 34 of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency."

Canada
"...exemption from liability for any taxes or duties imposed by any law in Canada should not extend to a Canadian citizen residing or ordinarily resident in Canada." (Original English)

Chile
"(a) The Government of Chile enters a reservation to the effect that the privileges and immunities granted to the officials of the International Atomic Energy Agency shall not extend to Chilean nationals serving in Chile as officials of the Agency;

(b) The Government of Chile enters a reservation regarding the provisions of Section 4 in the sense that, in accordance with Chilean constitutional practice and domestic law, the property and assets of the International Atomic Energy Agency may be expropriated under a general or special enactment authorizing expropriation on grounds of public importance or national interest, as established by the legislator." (Original Spanish; translation by the Secretariat)

China
"...it has reservations on Sections 26 and 34, which stipulate that differences shall be referred to the International Court of Justice and the opinion given by the Court shall be accepted as decisive by the parties to the difference." (Original Chinese, with official English translation)

A note explaining the reservations reads as follows:

"The reservations referred to in the said agreement are not intended on the entire provisions of Section 26 of the Agreement, but only on those provisions regarding the reference of differences to the International Court of Justice and the decisiveness of opinions of the Court." (Original English)

Cuba
"The Republic of Cuba does not consider itself bound by the provisions of Sections 26 and 34 of Articles VIII and X of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency under which the International Court of Justice shall have obligatory jurisdiction in differences which may arise out of the Interpretation or application of the Agreement. With regard to the competence of the International Court of Justice on such matters, Cuba holds that for a difference to be referred to the Court for settlement the consent of all parties involved must be obtained in each particular case." (Original Spanish; translation by the Secretariat)

Czech Republic
"...does not consider itself bound by the provisions of Sections 26 and 34 of the Agreement, which assume the obligatory jurisdiction of the International Court of Justice with regard to differences arising out of the interpretation or application of the Agreement; as regards the competence of the International Court of Justice in respect to such differences, the [Czech Republic] holds the view that, for a specific difference to be referred for settlement to the International Court of Justice, the consent of all parties thereto must be obtained in each individual case. This reservation also refers to the provisions of Section 34, according to which the parties shall accept as decisive the opinion given by the International Court of Justice." (Original Czech; translation by the Secretariat)

Denmark
"Notwithstanding Sections 20 and 32, the Danish Government reserve the right to apply the Danish legislation concerning duties and excise taxes to Danish citizens, and to other persons insofar as they conduct private business in Denmark." (Original English)

Germany
"The Government...reserves, with reference to Article VI, Section 18(a)(ii) of said Agreement, the right to tax citizens of the Federal Republic of Germany inasmuch as this right has not been renounced by double taxation treaties." (Original English)

Hungary
"The Hungarian People's Republic accepts Sections 26 and 34 of the Agreement with the reservation that disputes regarding the interpretation and application of the Agreement shall be referred to the International Court of Justice only with consent of all parties involved in the given dispute.

The Hungarian People's Republic makes a reservation also with regard to the provision in Section 34 making the advisory opinion of the court decisive in certain cases." (Original Hungarian; certified English translation furnished by the Government)

Indonesia

"Article II, Section 2(b):

The capacity of the International Atomic Energy Agency to acquire and dispose of immovable property shall be exercised with due regard to national laws and regulations.

Article X, Section 34:

With regard to the competence of the International Court of Justice in disputes concerning the interpretation or application of the Convention, the Government of Indonesia reserves the right to maintain that in every individual case the agreement of the parties to the dispute is required before the Court for a ruling.

Article VI, Section 18:

The concessions and privileges conferred by the Agreement on the employees of the Agency, other than those which also follow from Article XV of the Statute, such as immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity, should not be admissible to the Indonesian Nationals serving on the staff of the Agency in Indonesia." (Original English)

Italy

1. "With regard to the exemption from taxation referred to in Section 18 (a)(ii) of Article VI of the Agreement, the Italian Government reserves the right to take into account the total amount of salaries and emoluments received by the Italian officials of the Agency resident in italy and by other officials of the Agency permanently resident in Italy, for the purposes of possible taxation of income derived from other sources in Italy."

2. "The immunity from legal process referred to in Article III, Section 3, Article V, Section 12(a), Article VI, Section 18(a)(i) and Article VII, Section 23(a) and (b) of the Agreement shall not apply either in the case of a civil action instituted by a third party for damages resulting from an accident caused by a motor vehicle belonging to an official of the Agency, a representative of a Member at meetings convened by the Agency or an expert on mission for the Agency, or in the case of violations of traffic laws involving the above vehicles." (Original French, translation by the Secretariat)

Jordan
"The privileges and immunities recognized under this agreement shall not be extended to the officials of the IAEA who are Jordanian nationals if their station is in Jordan itself." (Original English)

Korea, Republic of
"Locally recruited personnel who are considered as officials of the Agency under the Agreement shall not enjoy the privileges and immunities set forth in paragraphs (ii), (ii), (iv), (v) and (vi) of Section 18, and Section 19." (Original Korean; English translation furnished by the Government)

Luxembourg
"In applying the provisions of Article XII, Section 38 of the Agreement, Luxembourg will not give effect to the last sentence of Article VI, Section 20." (Original French; translation by the Secretariat)

Mexico

1. "In acceding to the Agreement on the Privileges and Immunities of the Agency, which was adopted on 1 July 1959, the Mexican Government declares that the capacity to acquire and dispose of immovable property, mentioned in Article II, Section 2 of the Agreement, shall be subject to applicable national legislation.

2. Agency officials and experts of Mexican nationality, in the exercise of their functions in Mexican territory, shall enjoy only those privileges which are conferred, as appropriate, by sub-paragraphs (i), (iii) and (vi) of Section 18 and paragraphs (a), (b), (c), (d) and (f) of Section 23, on the understanding that the inviolability mentioned in sub-paragraph (c) of Section 23 shall be granted only for official papers and documents.

3. The provisions relating to the holding of funds, gold or currency of any kind and of accounts in any currency and to the transfer and convertibility of such currency in Mexican territory shall be subject to the relevant legal provisions in force."

A note explaining the reservation contained in paragraph 3 reads as follows:

"The Government of Mexico interprets this reservation to mean that the relevant legal provisions will be implemented in such a way as not to impede or impair the effective execution of the technical assistance and co-operation programmes in which Mexico is participating." (Original Spanish; translation by the Secretariat)

Morocco
"The IAEA shall take due account of the national laws and regulations in acquiring and possessing immovable property in Morocco;

The privileges and immunities recognized under the Agreement shall not be extended to the officials of the IAEA who are Moroccan nationals serving in Morocco;

In the case of disputes, any recourse to the International Court of Justice shall be based on the consent of all the parties concerned." (Original Arabic; translation by the Secretariat from a French translation furnished by the Government)

Pakistan
"...with the reservation that the concessions and privileges conferred by the Agreement on the employees of the Agency should not be admissible to the Pakistani nationals serving on the staff of the Agency in Pakistan." (Original English)

An amended version of this reservation was communicated in a Note dated 29 September 1966. It reads:

"...with the reservation that the concessions and privileges conferred by the Agreement on the employees of the Agency, other than those which also follow from Article XV of the Statute, such as immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity, should not be admissible to the Pakistani nationals serving on the staff of the Agency in Pakistan." (Original English)

Poland
"...with the reservation, in respect of Sections 26 and 34 of the Agreement, that differences arising out of the interpretation and application of the Agreement may be referred to the International Court of Justice only with the consent of all parties to the dispute. The People's Republic of Poland further reserves the right not to accept the advisory opinion of the International Court of Justice as decisive." (Original French; translation by the Secretariat)

Romania
"...the Socialist Republic of Romania does not consider itself bound by the provisions of Section 34, or by the provisions of Section 26 to the extent that they refer to Section 34. The Socialist Republic of Romania holds the view that differences arising out of the interpretation or application of the Agreement may be referred to the International Court of Justice only with the consent, in each Individual case, of all parties to the dispute." (Original French; translation by Secretariat)

Russian Federation
"...does not consider itself bound by the provisions of Sections 26 and 34 of the Agreement, under which there is an obligation to submit to the jurisdiction of the International Court of Justice. With regard to the question of referring to the International Court of Justice differences arising out of the interpretation or application of the Agreement, the [Russian Federation] adheres as before to the position that the consent of all parties involved in a dispute must be obtained in each individual case before that dispute can be referred to the International Court of Justice. This reservation applies equally to the provision in Section 34 that the opinion given by the Court shall be accepted as decisive." (Original Russian; translation by the Secretariat)

Singapore
"...officials of the Agency, who are Singapore citizens shall not enjoy exemption from taxation on salaries and emoluments paid to them by the Agency." (Original English)

Switzerland
"With regard to Article VI, Section 19, second paragraph, Switzerland reserves the right not to grant the deferments in call-up requested by the Agency, it being understood however that such requests will receive sympathetic consideration on the part of the competent Federal authorities." (Original French; translation by the Secretariat)

Thailand
"...with the reservation that the officials of the Agency to be accorded privileges and immunities according to this Agreement who are of Thai nationality shall not be immune from national service obligation." (Original English)

Turkey
"A) With regard to the postponement of national service of Turkish nationals who will be recruited by the International Atomic Energy Agency with reference to Section 19 of the said Agreement, relevant Turkish legislation shall be applied.

B) The officials of Turkish nationality who will be missioned in Turkey by the International Atomic Energy Agency, shall be subject to the taxes levied on Turkish nationals. They shall, in accordance with the provisions of part 4, Section 2 of Income Tax Law No. 5421, inform their wages by means of annual declarations." (Original English)

Ukraine
"The Ukrainian Soviet Socialist Republic does not consider itself bound by the provisions of Sections 26 and 34 of the Agreement, under which there is an obligation to refer to the International Court of Justice all disputes arising out of the interpretation or application of the Agreement. With regard to the question of the Court's Jurisdiction in respect of such disputes, the Ukrainian SSR continues to take the view that the consent of all parties involved in a dispute must be obtained in each individual case before that dispute can be referred to the International Court of Justice. This reservation applies equally to the provision in Section 34 that the advisory opinion given by the Court shall be accepted by the parties as decisive." (Original Russian; translation by the Secretariat)