- Posted by camryn_admin
- On April 8, 2021
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Facilities in Sections 4 and 5 can be built and operated outside headquarters to the extent necessary for efficient operation. The Austrian competent authorities, at the request of the IAEA, make arrangements, under the conditions that can be agreed by an endorsement, for the acquisition or use of suitable premises for these purposes by the IAEA and for the reception of these premises at the headquarters. IAEA officials enjoy the following privileges and immunities within and in the Republic of Austria: If the Government considers it necessary to take, without prejudice to the independent and regular operation of the IAEA, provisions relating to the security of the Republic of Austria affecting the operation of an article of this agreement , it addresses the IAEA as quickly as circumstances permit. to protect the IAEA`s interest. The IAEA and the government may, if necessary, enter into endorsements. The IAEA and its officials cooperate at all times with the relevant Austrian authorities in order to facilitate the proper application of the laws of the Republic of Austria and to avoid the appearance of abuses in relation to the privileges and immunities granted by this article. Persons entitled to diplomatic privileges and immunities under sections 30, 31 or 39 may only leave the Republic of Austria according to the usual procedure applicable to comparable rank members of the staff accredited in the Republic of Austria of the Chiefs of Staff of the Accredited Mission in the Republic of Austria. Office staff and other auxiliary staff attached to a governor or resident delegation of a Member State enjoy the same privileges and immunities as office and assistance staff of diplomatic missions A Deputy Director General or a senior IAEA official acting on behalf of the Director General during his absence from the Office. , the same privileges, immunities and facilities are granted to the Director General; and the IAEA can set up and operate additional telecommunications and radio communications equipment, which can be defined by a complementary agreement between the IAEA and the relevant Austrian authorities. The privileges and immunities granted by this section are granted in the interest of the IAEA and not in the personal interest of individuals.
The immunities of IAEA officials are waived by the IAEA where immunity can interfere with remedies and be lifted without prejudice to the interests of the IAEA. In all cases where these privileges and immunities arise, the official concerned immediately reports to the Director-General who, if necessary, decides, in consultation with the Governing Council, whether to exempt them. In the case of the Director General, the Governing Council has the right to waive immunities. In addition to the privileges and immunities referred to in Section 38: Any dispute between the IAEA and the Government over the interpretation or application of this agreement or endorsement or any matter relating to the seat or the relationship between the IAEA and the Government, which is not resolved by negotiations or other settlement arrangements, is referred to a court with three arbitrators for final decision. : the election by the Director General, one by the Federal Minister of Foreign Affairs of the Republic of Austria and the third, who is the president of the tribunal, who must be elected by the first two arbitrators.