HEADQUARTERS AGREEMENT BETWEENTHE PAN AFRICAN POSTAL UNION AND THE GOVERNMENT OF THE UNITED REPUBLIC OF TANZANIA

The Pan African Postal and the Government of the United Republic of Tanzania (hereinafter called “the Union” and “the Government” respectively);

CONSIDERING the Convention of the Pan African Postal Union signed at Arusha on 17th day of January 1980;

CONSIDERING Article 4 of the Convention establishing the seat of the Union in Arusha, United Republic of Tanzania and

DESIRING to conclude an Agreement for the purpose of defining the terms and conditions relating to the establishment of the Headquarters of the Union at Arusha and matters incidental thereto;

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HAVE AGREED AS FOLLOWS -

ARTICLE I: DEFINITIONS

For the purpose of this Agreement, unless the context otherwise requires, the term-

The “Convention” means the Convention of the Pan African Postal Union signed at Arusha on the 17th day of January 1980 and any amendment thereto,

“Competent Authorities” means the national, municipal or other authorities of the United Republic of Tanzania ,

“Officials and other Employees of the Union” means all staff members of the Union regardless of their nationality,

“Representatives of Member-States includes all members of delegations as well as advisors and

experts accompanying them in the Union’s meetings or missions and observers from other International Organisations invited by the Union,

“The Secretary-General” means the Secretary-General of the Union or his accredited representative.

ARTICLE II : LEGAL STATUS OF THE UNION

1. The Government recognize the legal status of the Union and its capacity to –

(a) contract,

(b) acquire and dispose of moveable and immoveable property

and

(c) institute legal proceedings.

2. The Union is entitled to display its own flag and emblem and/or the flag of the Organisation of African Unity (OAU) on the Headquarters of the Union and on its property wherever located.

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ARTICLE III: PROPERTY, FUNDS AND ASSETS

The Union together with its property and assets wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except in so far as in any particular case it shall have expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution.

The archives of the Union and, in general, all documents belonging to or held by it shall be inviolable, wherever located.

The Union may operate an external account. The account shall be designated in Tanzanian Shillings but all credits into the account shall be in convertible currency. The Union may freely transfer its funds to other countries in any currency.

It is provided, however, that in exercising its rights under paragraph 3 of this Article, the Union shall pay due regard to any representations made by the Government in so far as it is considered that effect can be given to such representations without prejudicing the interests of the Union.

The Union, its assets, income and other property shall be-

(a) exempt from all direct taxation,

(b) exempt from all customs duties and from all import and export prohibitions and restrictions respect of articles imported or exported by the Union for its official use provided that the articles imported under such exemptions shall not be sold on the territory of the United Republic of Tanzania except under conditions agreed by the Government.

The Union shall enjoy exemptions from sales tax, excise duties and such other taxes on the purchase of moveable or immoveable property as are enjoyed by other International Organisations under the laws of the United Republic of Tanzania.

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ARTICLE IV : COMMUNICATIONS ACTIVITIES

For its official communications within the territory of the United Republic of Tanzania, the Union shall enjoy treatment less not less favourable than that accorded by the Government to any other International Organisations as regards priority, rates and charges on mail, telex, radio, telegrams, telephone services and other communications, as well as rates for information to the press and radio.

The Union is entitled to install at its Headquarters, for its own exclusive use, a radio station and any other additional facilities that it may require in accordance with the provisions of the International Telecommunication Convention concerning the rational uses of available frequencies and harmful Interference.

The official correspondence and other official communications of the Union shall not be censored. The Union is entitled to use codes and send its correspondence by courier or in sealed bags which shall enjoy the same privileges and immunities as diplomatic mails and bags.

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ARTICLE V: FINANCIAL FACILITIES

In accordance with Article II of the Convention, the Government shall on 1st June of every year advance to the Union fifty percent (50%) of the funds comprising the annual budget approved by the Administrative Council of the Union and the Union shall repay the Government the amount advanced not later than the end of the financial year in which the advance is made.

ARTICLE VI : OFFICE AND RESIDENTIAL ACCOMMODATION

At the request of the Secretary-General the Government may-

(a) assist the Union in securing suitable office and residential accommodation for its senior staff at appropriate rentals,

(b) assist the Union to secure land on which to build the Union’s permanent office and residential premises.

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ARTICLE VII: PROTECTION OF THE UNION HEADQUARTERS

The competent authorities shall make appropriate arrangements to ensure the peace of the Headquarters is not disturbed by the entry of outsiders not authorized by the Union of by commotion in the immediate neighbourhood of the Headquarters or residences and take all practical steps to ensure that the Headquarters’ buildings are duly guarded by the police in a manner appropriate to the circumstances.

ARTICLE VIII: REPRESENTATIVES OF MEMBER STATES

1. The representatives of the Union Member States on mission or at meetings convened by the Union shall, while exercising their functions and during their journey to and from the places of the meetings, enjoy the following privileges and immunities –

(a) immunity from personal arrest of detention and from seizure of their personal baggage an immunity from legal process of any kind in respect of words spoken or written and acts done by them in their capacity as representatives,

(b) inviolability of all papers and documents,

(c)the right to use codes and to receive documents of correspondence by courier or in sealed bags,

(d) exemption in respect of themselves and the members of their families from all immigration restrictions,

alien registration and national service obligations,

(e) the same facilities in respect of currency or exchange regulations as are accorded to representatives of

foreign Governments on temporary mission and

(f) the same immunities and facilities in respect of their personal baggage as are accorded diplomatic envoys.

2. If the incidence of any form of taxation depends upon residence, periods during which the representatives of Member States are with the Union and at conferences convened by it in the United Republic of Tanzania shall not be considered as period of residence.

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ARTICLE IX : STATUS OF THE SECRETARY-GENERAL

Without prejudice to the provisions of the preceding Articles, the Secretary-General shall, by virtue of his residence in the United Republic of Tanzania, enjoy the same status as is accorded to the heads of missions of International Organisations accredited to the United Republic of Tanzania.

ARTICLE X: IMMUNITIES OF OFFICIALS AND OTHER EMPLOYEES OF THE UNION

1. The personnel of the Union shall enjoy such privileges and immunities as are extended by the relevant laws of the United Republic of Tanzania to personnel of International Organisations of similar ranks.

2. Without prejudice to the provisions of paragraph 1 of this Article, the officials and other employees of the Union -

(a) shall be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity,

(b) shall be exempted from all direct taxation on their salaries and emoluments, including municipal and

(c) shall be immune, together with their spouses and immediate relatives, from immigration restrictions

and alien registration,

(d) shall be accorded the same privileges in respect of exchange facilities as are recorded to officials of comparable ranks of other International Organisations accredited to the United Republic of Tanzania,

(e) shall be accorded, together with their spouses and immediate relatives, the same facilities in time of crisis as diplomatic envoys,

(f) shall have the right to import and re-export their personal effects free of all duty and

(g) may be issued with diplomatic identity cards or other related documents.

3. The Union shall furnish the Government with a list of officials, other employees and their families who shall be entitled to enjoy immunities and privileges under this Agreement.

4. For the avoidance of doubt, personnel of the Union who are Tanzania citizens or who are permanently residing in the United Republic of Tanzania shall not enjoy immunities and privileges under this Agreement.

5. Privileges and immunities are granted to officials and other staff members in the interest of the Union and not for the personal benefit of the individuals themselves. The Secretary-General shall have the right and duty to waive the immunity of any official or other staff member in any case where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interest of the Union.

6. The Union shall cooperate at all times with the authorities of the United Republic of Tanzania to

facilitate the proper administration of justice, secure the observance of the laws of the United Republic of Tanzania and prevent the occurrence of any abuse in connection with privileges, immunities and facilities mentioned in Article IX and X.

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ARTICLE XI : SETTLEMENT OF DISPUTES

1. Any dispute between the Union and the Government concerning the interpretation or application of this, agreement which cannot be settled by negotiation shall be submitted to the arbitration of three persons, the first to be appointed by the Secretary-General of the Union, the second by the Government and the third by the first and second arbitrators.

2. In the event of the first and second arbitrators failing to appoint a third arbitrator the matter shall be

referred to the arbitrator, who shall be the chairman of the arbitral tribunal. The decision of the tribunal shall be final and binding.

3. The parties to this Agreement may agree on any mode of settlement of and dispute other than that

provided in paragraph 1 and 2 of this Article.

ARTICLE XII : FINAL PROVISIONS

1. This Agreement shall apply provisionally from the date of signature and shall enter into force upon its

approval by the Plenipotentiary Conference of the Union.

2. This Agreement shall be construed in accordance with the laws of the United Republic of Tanzania.

ARTICLE XIII: REVISION

This Agreement may be revised at the request of one of the parties hereto.

If the activities of the Union cease, the obligations undertaken by the parties shall continue to exist to the extent necessary to enable the personnel, funds and assets of the Union to be methodically withdrawn from the Headquarters country.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by the Pan African Postal Union and by the Government of the United Republic of Tanzania respectively, have signed this Agreement.

Done at ARUSHA, this …7th…. Day of …October… 1984, in duplicate in English and French languages, both texts being equally authentic.