January 10, 1986

The GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES, on the one hand, and the INTERGOVERNMENTAL COMMITTEE FOR EUROPEAN MIGRATION, now designated INTERGOVERNMENTAL COMMITTEE FOR MIGRATION (ICM), hereinafter called the Committee, on the other hand,

BEARING IN MIND that Article 25 of the Constitution of the Committee confers juridical personality on the Committee and such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purpose, and that the Committee and its staff should enjoy privileges and immunities as provided for in Article 26 of the Constitution.

CONSIDERING that the purpose and functions of the Committee and the activities carried out by the Committee and its staff warrant the granting in the Philippines to the Organization and its staff of privileges and immunities substantially identical to those accorded to the specialized agencies of the United Nations and their staff.

RECALLING that the Philippines has acceded on 20 March 1950 to the Convention on the privileges and immunities of the specialized agencies of 21 November 1997.

HAVE AGREED on the following provisions:

Article 1

The Government of the Republic of the Philippines recognizes the international personality and legal capacity in the Philippines of the Committee.

Article 2

1. Unless otherwise provided in this Agreement, the Committee, including its property, funds and assets, shall enjoy in the Philippines the same privileges and immunities as those granted to specialized agencies of the United Nations by virtue of the Convention on the privileges and immunities of the specialized agencies of 21 November 1947 and of Philippine laws and regulations, governmental decrees and ministerial instructions pertaining to this matter.

2. The Committee shall be exempt from all taxes and customs duties in respect of the importation of motor vehicles for its official use in the Philippines. The importation of additional motor vehicles by the Committee or officials shall be subject to prior consultation and approval of the Government. None of the Committee's motor vehicles may be sold without the prior approval of the Government. However, the motor vehicles may be exported subject to existing laws and regulations of the Philippine Government.

3. The Committee shall not sell within the country the goods imported duty free, except with the Government's approval and under conditions stipulated by the Government.

Article 3

Unless otherwise provided in this Agreement, representatives of Governments Members of the Committee shall enjoy in the Philippines the same privileges and immunities as those granted to representatives of Member States of a specialized agency of the United Nations by virtue of the Convention on the privileges and immunities of 21 November 1947 and of Philippine laws and regulations, governmental decrees and ministerial instructions pertaining to this matter.

Article 4

1. The Director General and the Deputy Director General of the Committee, on one hand, and, on the other hand, the international officials of the Committee shall enjoy in the Philippines the same privileges and immunities as those granted to executive heads and to the international officials, respectively, of specialized agencies of the United Nations by virtue of the Convention on the privileges and immunities of the specialized agencies of 21 November 1947 and of Philippine laws and regulations, governmental decrees and ministerial instructions pertaining to this matter.

2. It is understood that these privileges and immunities shall not be enjoyed by Filipino nationals or resident aliens working with the Committee, except that these employees shall be immune from the jurisdiction of the judicial or administrative authorities of the Philippines in respect to acts performed in the exercise of their official functions, and not obliged to give evidence as witnesses in matters relating to their official functions.

3. The Committee shall notify the Government of the Republic of the Philippines of the function, date of arrival, date of departure and date of termination of function of all alien officials of the Committee in the country.

Article 5

1. The Committee shall co-operate at all times with the appropriate authorities of the Government of the Philippines to facilitate the proper administration of justice, secure the observance of police regulations and prevent the occurrence of any abuses in connection with the privileges and immunities accorded to the Committee and its officials.

2. The Philippine Government may withdraw the privileges and immunities granted to the Committee and its officials in the event of abuse or if not used in a manner consistent with their purpose and shall notify the Committee accordingly.

3. The Director General of the Committee may waive the immunity of any official whenever in his opinion the immunity of any official would impede the normal course of justice and can be waived without prejudice to the interest of the Committee.

Article 6

Any dispute between the Government of the Philippines and the Committee concerning the interpretation or application of this Agreement shall be settled by negotiation.

Article 7

1. This Agreement shall enter into force upon signature by the representatives of both parties.

2. This Agreement may be modified or revised at the request of either party. If the parties fail to come to an understanding within six months, this Agreement may be terminated by either party by giving one year's notice.

IN FAITH WHEREOF the undersigned representatives, duly authorized for that purpose, have signed this Agreement.

DONE in duplicate at Manila, on 10 January 1986.

             

For the Government of the   Philippines	For the Intergovernmental   Committee for Migration:
(Sgd.)	(Sgd.)