Privileges & Immunities

The International Organization for Identity Documents and its officials enjoy such privileges and immunities as are necessary for the fulfilment of the Organization's purposes and the independent exercise of its functions, in accordance with Article 53 of the Charter.

Governing Instrument

Convention on the Privileges and Immunities of the International Organization for Identity Documents and its Officials

This Convention is a voluntary treaty open for signature and accession by all States and intergovernmental organizations, whether or not they are Contracting Parties to the Charter. No State is obligated to sign or accede to the Convention by reason of its ratification of or accession to the Charter.

The Convention enters into force on the thirtieth day after the deposit of the third instrument of ratification or accession. Current treaty status is maintained in the Legal Affairs Registry.

The privileges and immunities conferred by the Convention are granted in the interest of the Organization, not for the personal benefit of the individuals concerned.

Privileges and Immunities of the Organization

Premises

The premises of the Organization are inviolable. No agent of any public authority of a Contracting Party may enter the premises without the consent of the General Secretariat. The Organization does not permit its premises to become a refuge for persons seeking to avoid lawful arrest or the service of legal process.

Archives

The archives of the Organization are inviolable wherever located and by whomsoever held.

Immunity from Legal Process

The Organization enjoys immunity from every form of legal process in the territory of each Contracting Party, subject to limited exceptions for civil actions arising from motor vehicle accidents and the enforcement of arbitral awards. The property and assets of the Organization are immune from search, requisition, confiscation, expropriation, and any other form of interference.

Fiscal Privileges

The Organization, its assets, income, and other property are exempt from all direct taxes and from customs duties on articles imported or exported for official use. Articles imported under such exemption may not be resold except under conditions agreed with the relevant Contracting Party.

Communications

The Organization enjoys treatment no less favourable than that accorded to any other international organization in respect of official communications, including the right to use codes, dispatch and receive sealed correspondence, and communicate through encrypted channels. No censorship may be applied to official communications.

Funds and Currency

The Organization may hold and operate accounts in any currency, transfer funds freely between countries, and convert currencies without restriction by financial controls, regulations, or moratoria.

Privileges and Immunities of Officials

Officials of the Organization, including the Secretary-General, Deputy Secretaries-General, and all members of the staff of the General Secretariat, enjoy, inter alia:

• Immunity from legal process in respect of words spoken or written and all acts performed in their official capacity, which immunity continues after the person has ceased to be an official;
• Exemption from taxation on salaries, emoluments, and allowances paid by the Organization;
• Exemption from national service obligations in the Contracting Party where they are serving;
• Exemption from immigration restrictions and alien registration for officials and members of their households;
• The right to import furniture and effects free of duty upon first taking up post.

The General Secretariat issues identity cards to officials, which Contracting Parties recognize as valid documentation of the holder's status. The General Secretariat may also issue laissez-passer to officials, which Contracting Parties recognize and accept as valid travel documents.

The Secretary-General, for and on behalf of the General Secretariat, has the right and duty to waive the immunity of any official where immunity would impede the course of justice and waiver would not prejudice the interests of the Organization.

Privileges and Immunities of Experts on Mission

Persons entrusted with missions for the Organization, including members of Technical Committees, committees of experts, the Expert Advisory Council, the Advisory Panel, and ad hoc working groups, enjoy, during their missions and related travel, inter alia:

• Immunity from personal arrest or detention;
• Immunity from legal process in respect of words spoken or written and acts performed in the course of their missions, which immunity continues after the conclusion of the mission;
• Inviolability for all papers, documents, and electronic records;
• The right to use codes and to receive correspondence by courier or in sealed bags;
• The same facilities in respect of currency and exchange restrictions as are accorded to representatives of foreign governments on temporary official missions.

Privileges and Immunities of Representatives of Contracting Parties

Representatives of Contracting Parties to the organs and conferences of the Organization enjoy, while exercising their functions and during related travel, inter alia:

• Immunity from personal arrest or detention and from seizure of personal baggage;
• Immunity from legal process in respect of words spoken or written and all acts performed in their capacity as representatives;
• Inviolability for all papers and documents;
• Exemption from immigration restrictions and alien registration in the Contracting Party visited in the exercise of their functions.

These privileges and immunities are accorded to representatives in order to safeguard the independent exercise of their functions, not for their personal benefit. A Contracting Party has the right and duty to waive the immunity of its own representative where immunity would impede the course of justice.

Privileges and Immunities of Judges

Judges of the Internal Court of Arbitration enjoy, in the exercise of their functions, the privileges and immunities accorded to diplomatic envoys, including, inter alia, personal inviolability, immunity from legal process in respect of judicial acts (which continues after leaving office), inviolability of judicial records, and exemption from taxation on emoluments paid by the Organization.

General Obligations

Without prejudice to their privileges and immunities, all persons enjoying such privileges and immunities have the duty to respect the laws and regulations of the Contracting Party in whose territory they reside or through which they pass. The Organization cooperates at all times with national authorities to facilitate the proper administration of justice and to prevent abuse of the privileges and immunities framework.

Disputes

Any dispute between the Organization and a Contracting Party concerning the interpretation or application of the Convention that is not settled by negotiation shall be referred to the Internal Court of Arbitration for an advisory opinion, which the parties accept as decisive.