FORTY-FIFTH SESSION (Contd.)

APPENDIX B
ANNEXE B
APENDICE B
DELEGATES AND OBSERVERS ATTENDING THE FORTY-FIFTH SESSION OF THE COUNCIL
DELEGUES ET OBSERVATEURS PARTICIPANT A LA QUARANTECINQUIEME SESSION DU CONSEIL
DELEGADOS Y OBSERVADORES QUE ASISTEN AL 45^o PERIODO DE SESIONES DEL CONSEJO

1 Due to retire from the Council on the conclusion of the Thirteenth Session of the Conference, November 1965.
Mandat venant à expiration à la clôture de la Treizième Session de la Conférence, en novembre 1965.
Debe retirarse del Consejo al terminar el 13^o período de sessiones de la Conferencia, en noviembre de 1965.

2 Due to retire from the Council on 31 December 1966.
Mandat venant à expiration le 31 décembre 1966.
Debe retirarse del Consejo el 31 diciembre 1966.

3 Due to retire from the Council on the conclusion of the Fourteenth Session of the Conference, November 1967.
Mandat venant à expiration à la clôture de la Quatorzième Session de la Conférence, en novembre 1967.
Debe retirarse del Consejo al terminar el 14^o período de sesiones de la Conferencia, en noviembre 1967.

OBSERVERS FROM MEMBER NATIONS NOT MEMBERS OF THE COUNCIL
OBSERVATEURS D'ETATS MEMBRES NE SIEGEANT PAS AU CONSEIL
OBSERVADORES DE LOS ESTADOS MIEMBROS QUE NO SON MIEMBROS DEL CONSEJO

SPECIALIZED AGENCIES

INSTITUTIONS SPECIALISEES

ORGANISMOS ESPECIALIZADOS

COMMUNAUTE ECONOMIQUE EUROPEENNE

NONGOVERNMENTAL ORGANIZATIONS

ORGANISATIONS NON GOUVERNEMENTALES

ORGANIZACIONES NO GUBERNAMENTALES

EUROPEAN ASSOCIATION FOR ANIMAL PRODUCTION

APPENDIX C
AGREEMENT BETWEEN THE GOVERNMENT OF KENYA AND THE FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS REGARDING THE SUBREGIONAL OFFICE FOR THE EAST/SOUTH ZONE OF AFRICA, OF THE FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS

THE GOVERNMENT OF KENYA

and

THE FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS

Desiring to conclude an Agreement pursuant to action recommended by the Twenty-Ninth Session of the Council of the Food and Agriculture Organization of the United Nations (November 1958), and by the Eleventh Session of the Conference of the Food and Agriculture Organization of the United Nations (November 1961), regarding the establishment of a Subregional Office of the Food and Agriculture Organization of the United Nations for Eastern Africa,

HAVE AGREED AS FOLLOWS:

ARTICLE I

Definitions

SECTION I

In this Agreement:

1. the expression “FAO” means the Food and Agriculture Organization of the United Nations;

2. the expression “Subregional Office” means the FAO Subregional Office for the East/South Zone of Africa;

3. the expression “the Government” means the Government of the Republic of Kenya;

4. the expression “Director-General” means the Director-General of FAO, and during his absence from duty the Deputy Director-General of FAO, or any officer designated by him to act on his behalf;

5. the expression “Deputy Regional Representative” means the Representative of the Director-General of FAO for the East/South Zone of Africa and, in his absence, his duly authorized deputy;

6. the expression “appropriate authorities of Kenya” means such national, or other authorities in Kenya as may be appropriate in the context and in accordance with the laws and regulations applicable in Kenya;

7. the expression “Member Nation” means a nation which is a member of FAO and the expression “Associate Member” means such territory that is not responsible for the conduct of its international relations, as has been admitted to associate membership of FAO;

8. the expressions “Representatives of Member Nations” and “Representatives of Associate Members” include all representatives, alternates, advisers and technical experts and secretaries of delegations;

9. the expression “meetings convened by FAO” means meetings of the Conference of FAO, the Council of FAO, any international conference or other gathering convened by FAO, and any commission, committee or subgroup of any of these bodies;

10. the expression “Subregional Office Seat” means the premises occupied by the Subregional Office;

11. the expression “archives of FAO” includes records and correspondence, documents, manuscripts, still and moving pictures and films, and sound recordings belonging to or held by FAO;

12. the expression “Officers of FAO” means all ranks of the FAO Secretariat engaged by the Director-General or on his behalf, other than officers recruited locally who are paid on the basis of hourly rates;

13. the expression “property” as used in Article VIII, means all property, including funds and assets, belonging to FAO or held or administered by FAO in furtherance of its constitutional functions, and all income of FAO.

ARTICLE II

Juridical Personality and Freedom of Assembly

SECTION 2

The Government recognizes the juridical personality of FAO, and FAO shall have the capacity:

1. to contract;

2. to acquire and dispose of movable and immovable property;

3. to institute legal proceedings.

SECTION 3

The Government recognizes the right of FAO to convene meetings within the Subregional Office Seat, or with the concurrence of the appropriate authorities of Kenya, elsewhere in Kenya. At meetings convened by FAO, the Government shall take all proper steps to ensure that no impediment is placed in the way of full freedom of discussion and decision.

ARTICLE III

The Subregional Office Seat

SECTION 4

The Government grants free of charge to FAO and FAO accepts as from the date of entry into force and during the life of this Agreement, the use and occupancy of premises situated in Nairobi to be described in an exchange of notes between FAO and the Government, and the use of installations and office furniture therein contained for the operation of the Subregional Office. Such installations and furniture shall be described in exchanges of notes between FAO and the Government from time to time after the entry into force of this Agreement.

SECTION 5

With respect to the Subregional Office Seat and the installations therein provided by the Government:

1. except in case of fault arising out of any act or omission attributable to FAO, the Government shall be responsible for all charges of major repairs of a non-recurring nature, in particular, but without limitation by reason of this enumeration, the repair of damage resulting from fire, force majeure, structural defects or deterioration; for the replacement, when and if necessary, of such installations, and for the replacement within a reasonable period of any building or part thereof in the Subregional Office Seat which may be totally or partially destroyed;

2. FAO shall be responsible for all ordinary repairs, for the upkeep and maintenance of the premises and installations.

ARTICLE IV

Inviolability of the Subregional Office Seat

SECTION 6

1. The Government recognizes the inviolability of the Subregional Office Seat which shall be under the control and authority of FAO, as provided in this Agreement.

2. No officer or official of the Government, whether administrative, judicial, military or police shall enter the Subregional Office Seat to perform any official duties therein except with the consent of, and under conditions agreed to by the Director-General or the Deputy Regional Representative.

3. Without prejudice to the provisions of Article X, FAO shall prevent the Subregional Office Seat from being used as a refuge by persons who are avoiding arrest under any law of Kenya, or who are required by the Government for extradition to another country or who are endeavoring to avoid service of legal process or judicial proceedings.

ARTICLE V

Protection of the Subregional Office Seat

SECTION 7

1. The appropriate authorities of Kenya shall exercise due diligence to ensure that the tranquility of the Subregional Office Seat is not disturbed by any person or group of persons attempting unauthorized entry or creating disturbances in the immediate vicinity of the Subregional Office Seat.

2. If so requested by the Deputy Regional Representative or a duly authorized official, the appropriate authorities of Kenya shall provide a sufficient number of police for the preservation of law and order in the Subregional Office Seat and for the removal therefrom of offenders.

ARTICLE VI

Public Services

SECTION 8

The appropriate authorities of Kenya shall exercise, to the extent requested by the Director-General or the Deputy Regional Representative, their respective powers to ensure that the Subregional Office Seat shall be supplied with the necessary public services, including, without limitation by reason of this enumeration, fire protection, electricity, water, sewerage, post, telephone, and telegraph, and that such public services shall be supplied on terms similar to those accorded to Government offices in Kenya. In case of any interruption or threatened interruption of any such services, the appropriate authorities of Kenya shall consider the needs of FAO as being of equal importance with those of essential agencies of the Government and shall take steps accordingly to ensure that the work of FAO is not prejudiced.

ARTICLE VII

Communications

SECTION 9

FAO shall enjoy for its official communications treatment not less favorable than that accorded by the Government to any other international organization or government, or the diplomatic mission of any such other government, in the matter of priorities and rates on mails, cables, telegrams, radiograms, telephotos, telephone and other communications; and press rates for information to press and radio.

SECTION 10

The Government shall facilitate free and unhindered movement of personnel, supplies and equipment for official purposes within Kenya.

SECTION 11

1. No censorship shall be applied to the official correspondence nor other communications of FAO. Such immunity shall extend, without limitation by reason of this enumeration, to publications, still and moving pictures, and films and sound recordings. In case of emergency requiring the enforcement of censorship in Kenya, the appropriate authorities of Kenya shall consult with the Deputy Regional Representative with a view to reaching agreement on appropriate steps to be taken by him or by the appropriate authorities of Kenya in order to avoid abuse of the immunity from censorship enjoyed by the official communications of FAO and its officers.

2. FAO shall have the right to use codes and to despatch and receive correspondence and other official communications by courier or in sealed bags, which shall have the same privileges and immunities as diplomatic couriers and bags.

3. Nothing in this section shall be construed to preclude the adoption of appropriate security precautions to be determined by supplemental agreement between FAO and the Government.

ARTICLE VIII

Property of FAO and Taxation

SECTION 12

FAO, its property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except insofar as in any particular case the Director-General shall have expressly waived its immunity. It is, however, understood that in the case of a waiver of immunity no such waiver of immunity shall extend to any measure of execution.

SECTION 13

The property and assets of FAO, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.

SECTION 14

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

SECTION 15

The assets, income and other property of FAO shall be exempt:

1. from any form of direct taxation. FAO, however, will not claim exemption from taxes which are, in fact, no more than charges for public utility services;

2. from customs duties and from prohibitions and restrictions on imports and exports in respect of articles imported or exported by FAO for its official use, on the understanding that articles imported under such exemption will not be sold within the country except in accordance with conditions to be mutually agreed upon;

3. from customs duties and prohibitions and restrictions in respect of the import and export of its publications, still and moving pictures and films and sound recordings.

SECTION 16

1. FAO shall be exempt from all indirect taxes and duties on its operations and transactions, unless such taxes or duties form part of the price to be paid, and cannot be identified separately from such price.

2. The Government shall grant allotments of gasoline or other required fuels and lubricating oils for vehicles required for the official use of FAO in quantities and at rates prevailing for diplomatic missions in Kenya.

ARTICLE IX

Financial Facilities

SECTION 17

1. Without any financial controls, regulations or moratoria of any kind:

   1. FAO may hold funds, gold or currency of any kind and operate foreign currency accounts in any currency;

   2. FAO shall be free to transfer its funds, securities, gold or currency from one country to another or within Kenya and to convert any currency held by it into any other currency.

2. FAO shall, in exercising its rights under this section, pay due regard to any representations made by the Government insofar as effect car be given to such representations without detriment to the interest of FAO.

3. The Government shall render to FAO the same privileges as are accorded to diplomatic missions in respect of exchange facilities.

ARTICLE X

Transit and Residence

SECTION 18

1. Subject to Article IV, Section 6, clause (c), the appropriate authorities of Kenya shall impose no impediment to transit to or from the Subregional Office Seat, or to residence of the following persons, irrespective of their nationalities, when on official FAO business, and shall afford them any necessary protection:

   1. the Chairman of the Council of FAO, representatives of Member Nations, Associate Members, the United Nations, or any Specialized Agency of the United Nations, and their spouses;

   2. Officers of FAO and their families;

   3. Officers of the Subregional Office, their families and other members of their households;

   4. persons other than officers of FAO, performing missions for FAO, and their spouses;

   5. other persons invited to the Subregional Office Seat on official business. The Deputy Regional Representative or the Director-General shall communicate the names of such persons to the Government within a reasonable time.

2. This section shall not apply to general interruptions in transportation, which shall be dealt with as provided in Section 8(a) save that the Government shall not be required to take any action which would conflict with laws generally applicable to the operation of means of transportation.

3. Visas which may be required for persons referred to in this section shall be granted without charge and as promptly as possible.

4. No activity performed by any such person in his official capacity as described in subsection (a) shall constitute a reason for preventing his entry into Kenya or for requiring him to leave Kenya.

5. In case of abuse of the privileges of transit or residence by any such person in activities in Kenya outside his official capacity, such privileges shall not be construed to grant him exemption from the laws of Kenya regarding residence of aliens, provided that:

   1. no proceeding shall be instituted under such laws to require any such person to leave Kenya except with the prior approval of the Minister for External Affairs of Kenya;

   2. in the case of the representative of a Member Nation, or an Associate Member, such approval shall be given only after consultation with the government of the appropriate Member Nation or Associate Member;

   3. in the case of any other person mentioned in sub-section (a), such approval shall be given only after consultation with the Deputy Regional Representative or the Director-General, the Secretary-General of the United Nations or the principal executive officer of the appropriate Specialized Agency, as the case may be;

   4. a representative of the Member Nation or Associate Member concerned, the Deputy Regional Representative or the Director-General, the Secretary General of the United Nations or the principal executive officer of the appropriate Specialized Agency, as the case may be, shall have the right to appear and be heard in any such proceedings on behalf of the person against whom they shall have been instituted;

   5. persons who are entitled to diplomatic privileges and immunities shall not be required to leave Kenya otherwise than in accordance with the customary procedure applicable to diplomatic envoys accredited to Kenya.

6. This section shall not prevent the requirement of reasonable evidence to establish that persons claiming the rights granted by this section come within the classes described in subsection (a), or the requirement that persons listed in the said subsection comply with with applicable quarantine and health regulations.

ARTICLE XI

Chairman of Council and Representatives at Meetings

SECTION 19

The Chairman of the Council of FAO; representatives of Member Nations and of Associate Members; representatives or observers of other Nations, subject to approval by the Government; and representatives of the United Nations and its Specialized Agencies at meetings convened by FAO shall be entitled, in the territory of Kenya while exercising their functions and during their journeys to and from the Subregional Office Seat and other places of meetings, to the same privileges and immunities as are provided for under Article V (Sections 13 to 17 inclusive) of the Convention on the Privileges and Immunities of the Specialized Agencies, and in paragraph 1 of Annex 2 to that Convention.

ARTICLE XII

Officers of FAO
Members of FAO Missions
Persons invited to the Subregional Office Seat on Official Business

SECTION 20

Officers of FAO shall enjoy within and with respect to Kenya the following privileges and immunities:

1. immunity from personal arrest or detention;

2. immunity from seizure of their official baggage, and for officers who are not citizens of Kenya, immunity from seizure of their personal baggage;

3. immunity from legal process of any kind with respect to words spoken or written and all acts performed by them in their official capacity, such immunity to continue notwithstanding the fact that the persons concerned might have ceased to be officers of FAO;

4. exemption from any form of direct taxation on salaries and emoluments paid to them by FAO;

5. exemption, for officers other than citizens of Kenya, from any form of direct taxation on income derived from sources outside Kenya;

6. exemption, with respect to themselves, their spouses and relatives dependent on them, from immigration restrictions and alien registration;

7. exemption from national service obligations for officers of FAO who are not citizens of Kenya;

8. for officers who are not citizens of Kenya, freedom to maintain in Kenya or elsewhere foreign securities and other movable and immovable property; and while employed by FAO and at the time of termination of such employment, the right to send or take out monies paid to them by reason of such employment in any foreign currency, subject to showing if necessary how they were acquired, and the right to take out of Kenya funds in the same currencies and up to the same amounts as they brought in through authorized channels;

9. the same protection and repatriation facilities with respect to themselves, their families and other members of their households, as are accorded to diplomatic envoys in time of international crisis;

10. for officers of FAO who are not citizens of Kenya, the right to import, free of duties and other levies, prohibitions and restrictions on import, their furniture, automobiles, and effects within three months after first taking up their posts in Kenya, or in the case of officers who have not completed their probationary periods, within three months after confirmation of their employment with FAO subject to the extension of these periods in specific cases. Such officers shall have the right to replace automobiles on the same conditions after a period of three years.

SECTION 21

The names of the officers of FAO shall be communicated to the appropriate authorities of Kenya from time to time and whenever requested.

SECTION 22

1. The Government shall accord to the Deputy Regional Representative and senior officers of the Subregional Office designated by the Director-General, diplomatic privileges and immunities.

2. For this purpose the Deputy Regional Representative and senior officers of the Subregional Office (a schedule of which officers shall be drawn up from time to time) shall be incorporated by the Ministry of External Affairs, in consultation with the Director-General into the appropriate diplomatic categories and, with the exception of citizens of Kenya, shall enjoy the customs exemptions granted to such diplomatic categories in Kenya.

3. All officers of FAO shall be provided with a special identity card by arrangement with the Subregional Office certifying the fact that they are officers of FAO enjoying the privileges and immunities specified in this Agreement.

SECTION 23

Persons other than officers of FAO, who are members of FAO missions, or who are invited to the Subregional Office Seat by FAO on official business, shall be accorded the privileges and immunities specified in Section 20, except those specified in subsection (j), provided however that such persons who are citizens of Kenya shall enjoy only the privileges and immunities provided for in Section 20 (a), (b), (c), (d).

SECTION 24

1. The privileges and immunities accorded by this Article are conferred in the interests of FAO and not for the personal benefit of the individuals themselves. The Director-General shall waive the immunity of any officer in any case where, in his opinion, the immunity would impede the course of justice and could be waived without prejudice to the interests of FAO.

2. FAO and its officers shall co-operate at all times with the appropriate authorities of Kenya to facilitate the proper administration of justice, to secure the observance of the laws of Kenya and to prevent the occurrence of any abuses in connection with the privileges and immunities accorded by this Article.

ARTICLE XIII

Laissez-Passer

SECTION 25

The Government shall recognize and accept the United Nations Laissez-Passer issued to officers of FAO, and to the Chairman of the Council, as a valid travel document equivalent to a passport. Applications for visas from holders of United Nations Laissez-Passer shall be dealt with as speedily as possible.

SECTION 26

Persons desiring to enter Kenya on the business of FAO not in possession of a United Nations Laissez-Passer but in possession of national passports and of certificates showing them to be travelling on the business of FAO connected with the Subregional Office will be treated in all respects similarly to the aforementioned holders of United Nations Laissez-Passer, provided that in cases where applications for visas are required to be referred, such applications shall, except in special circumstances, be submitted two weeks prior to the intended date of travel.

ARTICLE XIV

General Provisions

SECTION 27

1. The Director-General and the Deputy Regional Representative shall take every precaution to ensure that no abuse of a privilege or immunity conferred by this Agreement shall occur, and for this purpose shall establish such rules and regulations as they may deem necessary and expedient for officers of FAO and persons performing missions for FAO.

2. Should the Government consider that an abuse of privilege or immunity conferred by this Agreement has occurred, the Director-General, or the Deputy Regional Representative, shall, upon request, consult with the appropriate authorities of Kenya to determine whether any such abuse has occurred. If such consultations fail to achieve a result satisfactory to the Director-General and the Government, the matter shall be determined in accordance with the procedure set out in Article XV.

ARTICLE XV

Supplemental Agreements and Settlement of Disputes

SECTION 28

1. The Government and FAO may enter into such supplemental agreements as may be necessary within the scope of this Agreement.

2. The Convention on the Privileges and Immunities of the Specialized Agencies and this Agreement shall, where they relate to the same subject matter, be treated as complementary.

SECTION 29

Any dispute between FAO and the Government concerning the interpretation or application of this Agreement or any supplemental agreements, or any question affecting the Subregional Office Seat or the relationships between FAO and the Government, which is not settled by negotiation or other agreed mode of settlement, shall be referred for final decision to a tribunal of three arbitrators; one to be chosen by the Director-General, one to be chosen by the Minister for External Affairs of Kenya, and the third, who shall be Chairman of the tribunal, to be chosen by the first two arbitrators. Should the first two arbitrators fail to agree upon the third, such third arbitrator shall be chosen by the President of the International Court of Justice.

ARTICLE XVI

Entry into Force, Operation and Denunciation

SECTION 30

1. This Agreement shall come into force upon approval by the FAO Council or Conference and ratification by the Government, in accordance with its constitutional processes.

2. Consultations with respect to modification of this Agreement shall be entered into at the request of the Government or FAO. Any such modification shall be by mutual consent.

3. This Agreement shall be construed in the light of its primary purpose to enable the Subregional Office to discharge fully and efficiently its responsibilities and fulfil its purposes.

4. Where this Agreement imposes obligations on the appropriate authorities of Kenya, the ultimate responsibility for the fulfilment of such obligations shall rest with the Government.

5. This Agreement and any supplemental agreement entered into by the Government and FAO pursuant to this Agreement shall cease to be in force six months after either the Government or FAO shall have given notice in writing to the other of its decision to terminate this Agreement, except for such provisions as may be applicable in connection with the orderly termination of the operations of FAO at its Subregional Office for the East/South Zone of Africa and the disposition of its property therein.

IN WITNESS WHEREOF the Government and FAO have signed this Agreement in duplicate in the English language.

APPENDIX D
CONTRIBUTIONS OUTSTANDING, 17 NOVEMBER 1965

¹ Payment in process

APPENDIX E
LIST OF DOCUMENTS