Algemene Overeenkomst betreffende de privileges en immuniteiten van de Internationale Politie Organisatie - INTERPOL

1. For the purposes of this General Agreement:
a) “Agreement” means the present General Agreement;
b) “Archives of the ICPO-INTERPOL” means all information in any medium, including but not limited to the records, correspondences, papers, documents, manuscripts, photographs, films, recordings, computer programmes, video tapes, discs and data belonging to, sent to, received by, processed by, held by, produced by, elaborated by, or that is transiting through the ICPO-INTERPOL;
c) “Constitution” means the Constitution of the ICPO-INTERPOL, which entered into force on 13 June 1956, and any subsequent amendments;
d) “INTERPOL Information System” means all the structured material resources and software used by the ICPO-INTERPOL – databases, communications infrastructure, advanced sensor technology and other services – to process data through its channels in the context of international police cooperation;
e) “Members of Certain of the ICPO-INTERPOL’s Bodies” means the members of the Executive Committee, the members of the Commission for the Control of Files and the Advisers;
f) “Officials of the ICPO-INTERPOL” means the Secretary General and staff members of the General Secretariat, within the meaning of Article 27 of the Constitution, who are subject to the INTERPOL Staff Regulations and Rules;
g) “Official Activities” means activities necessary for and carried out in the implementation of the ICPO-INTERPOL’s aims as set out in the Constitution;
h) “Premises of the ICPO-INTERPOL” means the land, building(s) and/or parts of building(s), irrespective of ownership, used exclusively by the ICPO-INTERPOL in order to carry out its Official Activities, on a temporary or permanent basis, provided there is prior consent of the host country;
i) “Property, Funds, and Assets” means property and funds owned, in custody of, or administered by the ICPO-INTERPOL in furtherance of its constitutional functions;
j) “Representatives of Member Countries” means delegates from Member Countries duly accredited for attending sessions of the ICPO-INTERPOL’s bodies or conferences or meetings convened by the ICPO-INTERPOL;
k) “State Party” means any Member Country of the ICPO-INTERPOL for which this Agreement has entered into force;
l) “Statutory Meetings” means sessions of the ICPO-INTERPOL’s General Assembly and Executive Committee, Regional Conferences, Heads of National Central Bureaus Conferences, and any other meetings of a body or subsidiary body of the ICPO-INTERPOL held in accordance with the Constitution.
2. For the purposes of this Agreement, the following terms are accorded the meaning as provided in the Constitution:
a) Advisers;
b) Commission for the Control of Files;
c) Executive Committee;
d) General Assembly;
e) General Secretariat;
f) National Central Bureau; and
g) Secretary General.

This Agreement aims to grant the ICPO-INTERPOL privileges and immunities in order to carry out the missions outlined in its Constitution, specifically to support international police cooperation and the operations of the bodies mentioned in Article 5 of the Constitution. Each State Party shall grant to the ICPO-INTERPOL, its Officials, and other persons mentioned in Articles 8, 9, 10 and 11 privileges and immunities defined in this Agreement in order to enable the unhindered, independent, and responsible discharge of their functions in the interests of the ICPO-INTERPOL.

1. The ICPO-INTERPOL shall possess international legal personality.
2. It shall also have legal capacity, in particular:
a) to contract;
b) to acquire and dispose of immovable and movable property; and
c) to institute legal proceedings.

1. The ICPO-INTERPOL, its property, funds, and assets, wherever located and by whomsoever held, shall enjoy immunity from judicial and other forms of legal process, except:
a) insofar as in any particular case it has expressly waived such immunity; the waiver of jurisdictional immunity is not intended to imply a waiver of immunity regarding enforcement measures, for which a separate waiver is required;
b) in respect of the enforcement of an award made under a dispute settlement mechanism provided for under Article 15(a); and
c) arising from civil actions brought in case of damage resulting from an accident caused by a motor vehicle or other means of transportation owned by or used on behalf of the ICPO-INTERPOL.
2. The Premises, property, funds, and assets of the ICPO-INTERPOL shall be inviolable. The ICPO-INTERPOL’s Premises, property, funds, and assets, wherever located and by whomsoever held, shall enjoy immunity from any form of search, seizure, confiscation, requisition, expropriation, and any other form of interference, whether by execution, administrative, judicial, or legislative action.

1. The Archives of the ICPO-INTERPOL shall, at any and all times, be inviolable, wherever located and by whomsoever held.
2. The official correspondence of the ICPO-INTERPOL shall be inviolable. Its official correspondence and other official communications shall not be subject to censorship, control, or other interference. The ICPO-INTERPOL shall have the right to use codes and encryption. The ICPO-INTERPOL shall have the right to dispatch and receive correspondence and other communications by courier or in sealed bags, which shall be accorded the same privileges and immunities as those accorded to diplomatic couriers and bags.
3. With regard to its official communications, the ICPO-INTERPOL shall benefit from treatment equal to that granted to diplomatic missions in respect of any exemptions from duties and taxes payable on communications networks.

The ICPO-INTERPOL may, without being restricted by any financial controls, regulations or moratoria:
a) Receive and hold funds and foreign exchange of any kind and open, operate and manage accounts in any currency; and
b) Freely transfer its funds or currency within any country, or from one country to another, and convert any currency held by it into any other currency, according to the procedures established by the applicable national legislation.

1. The ICPO-INTERPOL, its income, assets, and other property shall be exempt from all forms of direct taxation. It is understood, however, that the ICPO-INTERPOL will not claim exemption from duties, taxes or other charges of any kind which only constitute remuneration for services rendered.
2. Articles imported or exported by the ICPO-INTERPOL for its official use shall be exempted from customs duties, import taxes, direct and indirect taxes and levies, including value added tax (VAT) or measures with similar effect, as well as from restrictions and prohibitions on imports or exports, in accordance with national legislation, provided that articles imported under such exemptions will not be sold, transferred or otherwise disposed of, including free of charge, in the State Party into which they were imported, except under conditions agreed with the Government of that State Party.
3. The ICPO-INTERPOL’s publications shall be exempt from payment of customs duties and from import and export prohibitions and restrictions.
4. The States Parties to this Agreement shall, in accordance with their national legislation, grant all necessary licenses and permits for the importation and exportation of the above-referenced articles and publications.
5. The ICPO-INTERPOL will not, as a general rule, claim exemption from excise duties and from taxes, such as VAT, on the purchase of any goods or services which form part of the price to be paid. Nevertheless, when the ICPO-INTERPOL is making purchases of a substantial value for its official use, States Parties to this Agreement will, whenever possible, make appropriate administrative arrangements for the remission or return of the amount of excise duty or tax. Goods for which an excise duty or VAT return (or remission) has been granted cannot be sold, transferred, or otherwise disposed of, including free of charge, unless under conditions agreed upon with the Government of the granting State Party.

1. The competent authorities of any State Party shall take all necessary measures to facilitate the entry into and exit from their territory for the purpose of attending a Statutory Meeting:
a) Representatives of Member Countries and their delegations;
b) Members of the Executive Committee and their delegations;
c) Officials of the ICPO-INTERPOL;
d) Members of the Commission for the Control of Files and persons carrying out official duties on its behalf;
e) Interpreters and minute-takers hired by the General Secretariat;
f) Advisers; and
g) Observers, experts, and other persons who have been officially invited to attend sessions of the ICPO-INTERPOL’s Statutory Meetings, or to attend conferences or meetings convened by the ICPO-INTERPOL, or who have been officially requested by the ICPO-INTERPOL to perform duties within the framework of its bodies.
2. Any applications for visas or entry or exit permits required for persons referred to in paragraph (1) of this Article shall be dealt with free of charge and as quickly as possible in accordance with applicable legislation. The ICPO-INTERPOL will ensure that the persons concerned submit their visa applications sufficiently in advance.

Members of Certain of the ICPO-INTERPOL’s bodies shall be granted within and with respect to the States Parties to this Agreement the following privileges and immunities while carrying out Official Activities and throughout their journey to or from the designated location where a meeting is held by the ICPO-INTERPOL:
a) Immunity from personal arrest or detention;
b) Immunity from inspection and seizure of their baggage;
c) Immunity from legal process of every kind, even if they no longer hold the status referred to above, in respect of words spoken or written and all acts performed by them in their official capacity;
d) Exemption from immigration restrictions or alien registration in the State Party they are visiting or through which they are passing in the exercise of their functions; and
e) Inviolability of all papers, documents and data, whether in hard-copy or electronic format.

1. Representatives of Member Countries who have been notified to the appropriate authorities of the States Parties to this Agreement shall be granted within and with respect to those States Parties the following privileges and immunities while participating in Official Activities and throughout their journey to or from the designated location where a meeting is held by the ICPO-INTERPOL:
a) Immunity from arrest or detention;
b) Immunity from inspection and seizure of their baggage;
c) Immunity from legal process of every kind, even if they no longer hold the status referred to above, in respect of words spoken or written and all acts performed by them in their official capacity;
d) Exemption from immigration restrictions or alien registration in the State Party they are visiting or through which they are passing in the exercise of their functions; and
e) Inviolability of all papers, documents and data, whether in hard-copy or electronic format.
2. The provisions of this article are not applicable in relation to the authorities of a State Party of which the person is a national or permanent resident, or of which he or she has been a representative.

1. Officials of the ICPO-INTERPOL shall be granted the following privileges and immunities:
a) Immunity from legal process of every kind, even after they have ceased to be Officials of the ICPO-INTERPOL, in respect of words spoken or written and all acts performed by them in their official capacity;
b) Immunity from immigration restrictions and alien registration. Applications for visas, where required, from Officials of the ICPO-INTERPOL, when accompanied by a certificate that they are travelling to carry out Official Activities of the ICPO-INTERPOL, shall be dealt with as quickly as possible by the States Parties in accordance with applicable legislation. In addition, such persons shall be granted facilities for speedy travel;
c) Exemption from national service obligations;
d) The same privileges in respect of foreign exchange as are granted by the State Party to members of diplomatic missions, having comparable rank;
e) The same protection and repatriation facilities with respect to themselves and members of their families forming part of their households as are accorded, in times of international crisis, to members of the staff of diplomatic missions; and
f) Exemption from taxation with respect to the emoluments, including salaries, salary supplements and allowances, as well as compensations and indemnities paid to them by the ICPO-INTERPOL.
2. In addition, and without prejudice to the privileges and immunities set forth in paragraph (1) of this Article, the Secretary General of the ICPO-INTERPOL, including any Official acting in this capacity during the Secretary General’s absence from duty, shall be accorded, while in the territory of a State Party, and throughout the duration of his or her functions, in respect of himself or herself, the privileges and immunities, exemptions and facilities normally accorded to heads of diplomatic missions by that State Party, in accordance with international law.
3. The immunities referred to in paragraphs (1) and (2) of this Article do not extend to:
a) Road traffic misdemeanours and offences;
b) Civil actions brought in case of damage resulting from an accident caused by a motor vehicle or other means of transportation owned by or used on behalf of Officials.
4. The ICPO-INTERPOL shall determine the categories of Officials of the ICPO-INTERPOL to whom this Article shall apply and shall make this determination known to the States Parties. The ICPO-INTERPOL shall also inform the States Parties of any substantial changes in that regard.
5. The ICPO-INTERPOL shall notify a State Party to this Agreement if an Official is traveling to or transiting through its territory in his or her official capacity.
6. The ICPO-INTERPOL may, upon the request of a State Party, communicate to it the names of the Officials of the ICPO-INTERPOL to whom the provisions of this Article shall apply.
7. States Parties shall only be obliged to grant to their own nationals and permanent residents the immunities described in paragraph (1)(a) of this Article, without prejudice to their ability to extend further privileges and immunities described in paragraph (1) of this Article to their own nationals and permanent residents in accordance with their national legislation, and subject to their sole discretion.

No person enjoying privileges and immunities under this agreement shall be required by the Government of a State Party to this Agreement to leave its territory, during the performance of official duties, unless the State Party determines that there has been an abuse of the privileges and immunities granted under this Agreement.

1. At the Secretary General’s request, the competent governmental authorities of the States Parties to this Agreement shall take all measures necessary to ensure the security of the ICPO-INTERPOL, Representatives of Member Countries, Members of Certain of the ICPO-INTERPOL’s Bodies, and Officials of the ICPO-INTERPOL during Statutory Meetings, as well as during other meetings and conferences organized by the ICPO-INTERPOL on their territory.
2. Within their respective territories, the States Parties to this Agreement shall take all reasonable measures to ensure the security, safety, protection, and free movement of Officials of the ICPO-INTERPOL.
3. Within their respective territories, the States Parties to this Agreement shall take all reasonable measures for the protection of the Premises of the ICPO-INTERPOL from any intrusion, threat, or damage and to ensure that the tranquillity of the Premises of the ICPO-INTERPOL and the dignity of the ICPO-INTERPOL and its Officials are not jeopardized.

1. Privileges and immunities are granted under this Agreement in the interests of the ICPO-INTERPOL 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 of the ICPO-INTERPOL in any case where the immunity would impede the course of justice and can be waived without prejudice to the interests of the ICPO-INTERPOL. In case of a waiver of the immunity of the Secretary General, such waiver will be effected by the General Assembly of the ICPO-INTERPOL.
2. A waiver must always be express.
3. States Parties have the right and are under a duty to waive the immunity of their Representatives in any case where the immunity would impede the course of justice and can be waived without prejudice to the purpose for which the immunity is accorded.
4. Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of a State Party’s territory.
5. The ICPO-INTERPOL shall cooperate at all times with the appropriate authorities of the States Parties to this Agreement to facilitate the proper administration of justice, secure the observance of police regulations and prevent the occurrence of any abuse in connection with the privileges, immunities and facilities mentioned in this Agreement.

The ICPO-INTERPOL shall take appropriate measures to ensure the satisfactory settlement of disputes:
a) arising from contracts to which the ICPO-INTERPOL is a party. The ICPO-INTERPOL shall include in its contracts a clause whereby any dispute arising from the interpretation or performance of the contract shall be settled by consultation or mediation, or by an arbitration procedure agreed between the parties, in the absence of an amicable settlement of the dispute between them;
b) concerning data processing in the INTERPOL Information System, which may be brought before the Commission for the Control of Files; and
c) between the ICPO-INTERPOL and its Officials which may be submitted to the Administrative Tribunal of the International Labour Organization.

1. Any dispute between two or more States Parties, or between the ICPO-INTERPOL and one or more States Parties, (individually, “party to the dispute”, or together, the “parties to the dispute”) arising out of the interpretation or application of the present Agreement shall be settled by negotiation, consultation or any other agreed mode of settlement.
2. Unless the parties to the dispute decide otherwise, any dispute arising out of the interpretation or application of the present Agreement which cannot be settled in accordance with paragraph (1) of this Article shall, at the request of any party to the dispute, be settled by a final and binding arbitration in accordance with the Permanent Court of Arbitration’s “Optional Rules for Arbitration involving International Organizations and States”, as in force on the date on which this Agreement is opened for signature. The number of arbitrators shall be either one or three, based on the agreement between the parties to the dispute. If a sole arbitrator is to be appointed, they shall be appointed by mutual agreement of the parties to the dispute or, failing that, by the Secretary-General of the Permanent Court of Arbitration. When the arbitral tribunal is composed of three members, each party to the dispute shall appoint one arbitrator, and the third presiding arbitrator, shall be appointed by mutual agreement between the two arbitrators or, failing that, by the Secretary-General of the Permanent Court of Arbitration. Before appointment or confirmation, a prospective arbitrator shall sign a statement of acceptance, availability, impartiality and independence. The award(s) of the arbitral tribunal shall be final and binding on the ICPO-INTERPOL and the other party or parties to the dispute.
3. The language of the arbitral proceeding shall be one of the working languages of the ICPO-INTERPOL, namely, Arabic, English, French, or Spanish.
4. The existence and content of the arbitral proceedings, including but not limited to all submissions, decisions, and awards, shall be kept confidential by the parties to the dispute and the arbitral tribunal, except where such information must be disclosed pursuant to a statutory or other legal obligation placed upon one or more of the parties to the dispute. In such case, the party to the dispute required to disclose the information shall consult the other party or parties to the dispute prior to disclosure.

1. Any State Party may propose an amendment to this Agreement by sending a request to the Secretary General of the ICPO-INTERPOL at least 120 days before the opening of the next General Assembly session.
2. The Secretary General of the ICPO-INTERPOL shall ensure that the request is complete and submitted within the applicable time limits. If these requirements are met, he or she will send a request to the Executive Committee for the inclusion of the amendment proposal on the provisional agenda of the General Assembly and circulate it to all Member Countries at least 90 days before the opening of the next General Assembly session.
3. The adoption of an amendment on which consensus cannot be reached shall require a three-fifths majority of States Parties present and voting at the General Assembly session, provided that a majority of States Parties is present.
4. The Secretary General shall circulate to all States Parties and signatory States any amendment so adopted.
5. An amendment shall enter into force for States Parties which have ratified or accepted the amendment sixty days after three-fifths of the States which were parties at the date of adoption of the amendment have deposited instruments of ratification or acceptance with the Secretary General of the ICPO-INTERPOL.
6. For each State Party ratifying or accepting an amendment after the deposit of the required number of instruments of ratification or acceptance, the amendment shall enter into force on the sixtieth day following the deposit of its instrument of ratification or acceptance.
7. A State which becomes a Party to the present Agreement after the entry into force of an amendment shall, failing an expression of different intention by that State:
a) Be considered a Party to the present Agreement as so amended; and
b) Be considered a Party to the unamended Agreement in relation to any State Party not bound by the amendment.

1. This Agreement shall not in itself operate so as to abrogate or derogate from any provisions of the Constitution, its General Regulations and appendices.
2. Nothing in this Agreement shall preclude States Parties from concluding other agreements with the ICPO-INTERPOL confirming, supplementing, extending, curtailing, modifying, or amplifying the provisions of this Agreement.
3. The provisions of this Agreement shall not limit or prejudice the provisions of international agreements concluded between the ICPO-INTERPOL and a State Party by reason of the location in the territory of that State Party of the ICPO-INTERPOL’s Headquarters, Regional Bureaus, or other Premises of the ICPO-INTERPOL. In case of conflict between the provisions of this Agreement and those in aforementioned agreements, the provisions of the latter shall take precedence.

1. This Agreement shall be open for signature by the Member Countries of the ICPO-INTERPOL from the date on which it is adopted by the General Assembly until two years thereafter.
2. This Agreement shall be subject to ratification, acceptance, or approval by the signatory States. The instruments of ratification, acceptance, or approval shall be deposited with the Secretary General of the ICPO-INTERPOL.
3. This Agreement shall remain open for accession. The instruments of accession shall be deposited with the Secretary General of the ICPO-INTERPOL.

1. This Agreement shall enter into force thirty days after the date on which the fifth instrument of ratification, acceptance, approval, or accession is deposited.
2. For each State ratifying, accepting, approving, or acceding to this Agreement after its entry into force, this Agreement shall enter into force on the thirtieth day following the deposit with the Secretary General of the ICPO-INTERPOL of its instrument of ratification, acceptance, approval, or accession.

1. It shall be permissible for a State Party to make reservations to this Agreement, provided that such reservation is compatible with the object and purpose of this Agreement. Reservations may be made only at the time of the deposit of the instrument of ratification, acceptance, approval, or accession and shall immediately be communicated by the Secretary General to all Member Countries of the ICPO-INTERPOL.
2. This Agreement shall continue in force as between the ICPO-INTERPOL and every State which has deposited an instrument of acceptance, approval, ratification, or accession, provided that if a State Party files a notification of denunciation with the Secretary General of the ICPO-INTERPOL, this Agreement shall cease to be in force with respect to such State Party six months after the receipt of such notification by the Secretary General.

The Secretary General of the ICPO-INTERPOL shall be the depositary of this Agreement.