SECTION 26 Similar facilities to those specified in Section 25 shall be accorded to experts and other persons who, though not the holders of United Nations laissez-passer, have a certificate that they are travelling on the business of the United Nations. SECTION 27 The Secretary-General, Assistant Secretaries-General and Directors travelling on United States laissez-passer on the business of the United Nations shall be granted the same facilities as are accorded to diplomatic envoys. SECTION 28 The provisions of this article may be applied to the comparable officials of specialized agencies if the agreements for relationship made under Article 63 of the Charter so provide. ARTICLE VIII-SETTLEMENT OF DISPUTES SECTION 29 The United Nations shall make provisions for appropriate modes of settlement of: (a) disputes arising out of contracts of other disputes of a private law character to which the United Nations is a party; (b) disputes involving any official of the United Nations who by reason of his official position enjoys immunity, if immunity has not been waived by the Secretary-General. SECTION 30 All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises be tween the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties. FINAL ARTICLE SECTION 31 This convention is submitted to every Member of the United Na tions for accession. SECTION 32 Accession shall be effected by deposit of an instrument with the Secretary-General of the United Nations and the convention shall 4 TS 993; 59 Stat. 1063. come into force as regards each Member on the date of deposit of each instrument of accession. SECTION 33 The Secretary-General shall inform all Members of the United Nations of the deposit of each accession. SECTION 34 It is understood that, when an instrument of accession is deposited on behalf of any Member, the Member will be in a position under its own law to give effect to the terms of this convention. SECTION 35 This convention shall continue in force as between the United Nations and every Member which has deposited an instrument of accession for so long as that Member remains a Member of the United Nations, or until a revised general convention has been approved by the General Assembly and that Member has become a party to this revised convention. SECTION 36 The Secretary-General may conclude with any Member or Members supplementary agreements adjusting the provisions of this convention so far as that Member or those Members are concerned. These supplementary agreements shall in each case be subject to the approval of the General Assembly. Reservations as Stated in the Proclamation of the United States By its resolution of March 19, 1970, the Senate of the United States of America, two-thirds of the Senators present concurring, gave its advice and consent to the ratification of the Convention subject to the following reservations: (1) Paragraph (b) of section 18 regarding immunity from taxation and paragraph (c) of section 18 regarding immunity from national service obligations shall not apply with respect to United States nationals and aliens admitted for permanent residence. (2) Nothing in Article IV, regarding the privileges and immunities of representatives of Members, in Article V, regarding the privileges and immunities of United Nations officials, or in Article VI regarding the privileges and immunities of experts on missions for the United Nations, shall be construed to grant any person who has abused his privileges of residence by activities in the United States outside his official capacity exemption from the laws and regulations of the United States regarding the continued residence of aliens, provided that: (a) No proceedings shall be instituted under such laws or regulations to require any such person to leave the United States except with the prior approval of the Secretary of State of the United States. Such approval shall be given only after consultation with the appropriate Member in the case of a representative of a Member (or a member of his family) or with the Secretary-General in the case of any person referred to in Articles V and VI; (b) A representative of the Member concerned or the Secretary-General, as the case may be, shall have the right to appear in any such proceedings on behalf of the person against whom they are instituted; (c) Persons who are entitled to diplomatic privileges and immunities under the Convention shall not be required to leave the United States otherwise than in accordance with the customary procedure applicable to members of diplomatic missions accredited or notified to the United States. 5. Acts of Terrorism and Crimes Against Internationally Protected Persons a. Convention to Prevent and Punish the Acts of Terrorism Taking the Form of Crimes Against Persons and Related Extortion That Are of International Significance 1 Adopted at the 3d Special Session of the OAS General Assembly, Washington, D.C., January 25-February 2, 1971; Ratification advised by the Senate of the United States of America June 12, 1972; Instrument of ratification deposited in the General Secretariat of the Organization of American States October 20, 1976; Entered into force with respect to the United States of America October 20, 1976 WHEREAS, The defense of freedom and justice and respect for the fundamental rights of the individual that are recognized by the American Declaration of the Rights and Duties of Man and the Universal Declaration of Human Rights are primary duties of states; The General Assembly of the Organization, in Resolution 4, of June 30, 1970, strongly condemned acts of terrorism, especially the kidnapping of persons and extortion in connection with that crime, which it declared to be serious common crimes; Criminal acts against persons entitled to special protection under international law are occurring frequently, and those acts are of international significance because of the consequences that may flow from them for relations among states; It is advisable to adopt general standards that will progressively develop international law as regards cooperation in the prevention and punishment of such acts; and In the application of those standards the institution of asylum should be maintained and, likewise the principle of nonintervention should not be impaired, THE MEMBER STATES OF THE ORGANIZATION OF AMERICAN STATES HAVE AGREED UPON THE FOLLOWING ARTICLES: ARTICLE 1 The contracting states undertake to cooperate among themselves by taking all the measures that they may consider effective, under their own laws, and especially those established in this convention, o prevent and punish acts of terrorism, especially kidnapping, nurder, and other assaults against the life or physical integrity of hose persons to whom the state has the duty according to internaional law to give special protection, as well as extortion in connection with those crimes. 127 UST 3949; TIAS 8413. For states which are parties in the Convention, see Department of itate publication, Treaties in Force. ARTICLE 2 For the purposes of this convention, kidnapping, murder, and other assaults against the life or personal integrity of those persons to whom the state has the duty to give special protection according to international law, as well as extortion in connection with those crimes, shall be considered common crimes of international significance, regardless of motive. ARTICLE 3 Persons who have been charged or convicted for any of the crimes referred to in Article 2 of this convention shall be subject to extradition under the provisions of the extradition treaties in force between the parties or, in the case of states that do not make extradition dependent on the existence of a treaty, in accordance with their own laws. In any case, it is the exclusive responsibility of the state under whose jurisdiction or protection such persons are located to determine the nature of the acts and decide whether the standards of this convention are applicable. ARTICLE 4 Any person deprived of his freedom through the application of this convention shall enjoy the legal guarantees of due process. ARTICLE 5 When extradition requested for one of the crimes specified in Article 2 is not in order because the person sought is a national of the requested state, or because of some other legal or constitutional impediment, that state is obliged to submit the case to its competent authorities for prosecution, as if the act had been committed in its territory. The decision of these authorities shall be communicated to the state that requested extradition. In such proceedings, the obligation established in Article 4 shall be respected. ARTICLE 6 None of the provisions of this convention shall be interpreted so as to impair the right of asylum. ARTICLE 7 The contracting states undertake to include the crimes referred to in Article 2 of this convention among the punishable acts giving rise to extradition in any treaty on the subject to which they agree among themselves in the future. The contracting states that do not subject extradition to the existence of a treaty with the requesting state shall consider the crimes referred to in Article 2 of this convention as crimes giving rise to extradition, according to the conditions established by the laws of the requested state. |