☃CONVENTION ON THE PRIVILEGES AND IMMUNITIES
OF THE UNITED NATIONS
Adopted by the General Assembly of the United Nations
on 13 February 1946
Official texts in English and in French. This Convention was registered
ex officio by the Secretariat of the United Nations on 14 December 1946.
CONVENTION SUR LES PRIVILÈGES ET IMMUNITÉS
DES NATIONS UNIES
Approuvée par l'Assemblée générale des Nations Unies le
13 février 1946
Textes officiels anglais et français. Cette Convention a été enregistrée d'office
par le Secrétariat de l'Organisation des Nations Unies le. 14 décembre
1946.
i6 United Nations — Treaty Series 1946-1947
No. 4. CONVENTION^ ON THE PRIVILEGES AND IMMUNI
TIES OF THE UNITED NATIONS, ADOPTED BY THE
GENERAL ASSEMBLY OF THE UNITED NATIONS ON
13 FEBRUARY 1946
Whereas Article 104 of the Charter of the United Nations provides that
the Organization shall enjoy in the territory of each of its Members such
legal capacity as may be necessary for the exercise of its functions and the
fulfilment of its purposes and
Whereas Article 105 of the Charter of the United Nations provides that
the Organization shall enjoy in the territory of each of its Members such
privileges and immunities as are necessary for the fulfilment of its purposes
and that representatives of the Members of the United Nations and officials
of the Organization shall similarly enjoy such privileges ajid immunities as
are necessary for the independent exercise of their functions in connection
with the Organization.
Consequently the General Assembly by a Resolution adopted on the 13
February 1946, approved the following Convention and proposed it for
accession by each Member of the United Nations.
Article I
JURIDICAL PERSONALITY
SECTION i. The United Nations shall possess juridical personality. It
shall have the capacity:
(a) To contract;
(&) To acquire and dispose of immovable and movable property;
(c) To institute legal proceedings.
Article II
PROPERTY, FUNDS AND ASSETS
SECTION 2. The United Nations, its property and assets wherever lo
cated and by whomsoever held, shall enjoy immunity from every form of
1 Came into force (see page 263 of this volume) on 17 September 1946 as regards United
Kingdom o£ Great Britain and Northern Ireland by the deposit of the instrument of accession.
i8 United Nations Treaty Series 1946-1947
legal process except insofar as in any particular case it has expressly waived
its immunity shall extend to any particular case it has expressly waived its
immunity. It is, however, understood that no waiver o£ immunity shall ex
tend to any measure of execution.
SECTION 3. The premises of the United Nations shall be inviolable. The
property and assets of the United Nations, wherever located and by whom
soever held, shall be immune from search, requisition, confiscation, expropri
ation and any other form of interference, whether by executive, administra
tive, judicial or legislative action.
SECTION 4. The archives of the United Nations, and in general all docu
ments belonging to it or held by it, shall be inviolable wherever located.
SECTION 5. Without being restricted by financial controls, regulations
or moratoria of any kind,
(a) The United Nations may hold funds, gold or currency of any
kind and operate accounts in any currency;
(ft) The United Nations shall be free to transfer its funds, gold
or currency from one country to another or within any country and to
convert any currency held by it into any other currency.
SECTION 6. In exercising its rights under Section 5 above, the United
Nations shall pay due regard to any representations made by the Govern
ment of any Member insofar as it is considered that effect can be given to
such representations without detriment to the interests of the United
Nations.
SECTION 7. The United Nations, its assets, income and other property
shall be:
(a) Exempt from all direct taxes; it is understood, however, that
the United Nations will not claim exemption from taxes which are, in
fact, no more than charges for public utility services;
(6) Exempt from customs duties and prohibitions and restrictions
on imports and exports in respect of articles imported or exported by
the United Nations for its official use. It is understood, however, that
articles imported under such exemption will not be sold in the country
into which they were imported except under conditions agreed with
the Government of that country;
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so United Nations — Treaty Series 1946-1947
(c) Exempt from customs duties and prohibitions and restrictions
on imports and exports in respect o£ its publications.
SECTION 8. While the United Nations will not, as a general rule, claim
exemption from excise duties and from taxes on the sale of movable and
immovable property which form part of the price to be paid, nevertheless
when the United Nations is making important purchases for official use of
property on which such duties and taxes have been charged or are charge
able, Members will, whenever possible, make appropriate administrative
arrangements for the remission or return of the amount of duty or tax.
Article III
FACILITIES IN RESPECT OF COMMUNICATIONS
SECTION 9. The United Nations shall enjoy in the territory of each
Member for its official communications treatment not less favourable than
that accorded by the Government of that Member to any other Government
including its diplomatic mission in the matter of priorities, rates and taxes
on mails, cables, telegrams, radiograms, telephotos, telephone and other
communications; and press rates for information to the press and radio. No
censorship shall be applied to the official correspondence and other official
communications of the United Nations.
SECTION 10. The United Nations shall have the right to use codes and
to despatch and receive its correspondence by courier or in bags, which shall
have the same immunities and privileges as diplomatic couriers and bags.
Article IV
THE REPRESENTATIVES OF MEMBERS
SECTION 11. Representatives of Members to the principal and subsidiary
organs of the United Nations and to conferences convened by the United
Nations, shall, while exercising their functions and during the journey to
and from the place of meeting, enjoy the following privileges and im
munities:
(a) Immunity from personal arrest or detention and from seizure
of their personal baggage, and, in respect of words spoken or written
and all acts done by them in their capacity as representatives, immunity
from legal process of every kind;
(a) Inviolability for all papers and documents;
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22 United Nations Treaty Series 1946-1947
(c) The right to use codes and to receive papers or correspond
ence by courier or in sealed bags;
(d) Exemption in respect of themselves and their spouses from
immigration restrictions, aliens registration or national service obliga
tions in the state they are visiting or through which they are passing
in the exercise of their functions;
(e) The same facilities in respect of currency or exchange restric
tions as are accorded to representatives of foreign governments on tem
porary official missions;
(/) The same immunities and facilities in respect of their per
sonal baggage as are accorded to diplomatic envoys, and also;
(g) Such other privileges, immunities and facilities not incon
sistent with the foregoing as diplomatic envoys enjoy, except that they
shall have no right to claim exemption from customs duties on goods
imported (otherwise than as part of their personal baggage) or from
excise duties or sales taxes.
SECTION 12. In order to secure, for the representatives of Members to
the principal and subsidiary organs of the United Nations and to conferences
convened by the United Nations, complete freedom of speech and ind
pendance in the discharge of their duties, the immunity from legal process
in respect of words spoken or written and all acts done by them in discharg
ing their duties shall continue to be accorded, notwithstanding that the per
sons concerned are no longer the representatives of Members.
SECTION 13. Where the incidence of any form of taxation depends upon
residence, periods during which the representatives of Members to the prin
cipal and subsidiary organs of the United Nations and to conferences con
vened by the United Nations are present in a state for the discharge of their
duties shall not be considered as periods of residence.
SECTION 14. Privileges and immunities are accorded to the representa
tives of Members not for the personal benefit of the irdividuals themselves,
but in order to safeguard the independent exercise of their functions in
connection with the United Nations. Consequently a Member not only
has the right but is under a duty to waive the immunity of its representative
in any case where in the opinion of the Member the immunity would impede
the course of justice, and it can be waived without prejudice to the purpose
for which the immunity is accorded.
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24 United Nations — Treaty Series 1946-1947
SECTION 15. The provisions of Sections n, 12 and 13 are not applicable
as between a representative and the authorities o£ the state of which he is a
national or of which he is or has been the representative.
SECTION 16. In this article the expression "representatives" shall be
deemed to include all delegates, deputy delegates, advisers, technical experts
and secretaries of delegations.
Article V
OFFICIALS
SECTION 17. The Secretary-General will specify the categories of officials
to which the provisions of this Article and Article VII shall apply. He shall
submit these categories to the General Assembly. Thereafter these cate
gories shall be communicated to the Governments of all Members. The
names of the officials included in these categories shall from time to time be
made known to the Governments of Members.
SECTION 18. Officials of the United Nations shall:
(a) Be immune from legal process in respect of words spoken or
written and all acts performed by them in their official capacity;
(6) Be exempt from taxation on the salaries and emoluments
paid to them by the United Nations;
(c) Be immune from national service obligations;
(d) Be immune, together with their spouses and relatives depend
ent on them, from immigration restrictions and alien registration;
(e) Be accorded the same privileges in respect of exchange facili
ties as are accorded to the officials of comparable ranks forming part of
diplomatic missions to the Government concerned;
(/) Be given, together with their spouses and relatives dependent
on them, the, same repatriation facilities in time of international crisis
as diplomatic envoys;
(g) Have the right to import free of duty their furniture and
effects at the time of first taking up their post in the' country in question.
SECTION 19. In addition to the immunities and privileges specified in
Section 18, th 'Secretary-General and all Assistant Secretaries-General shall
be accorded in respect of themselves, their spouses and minor children, the
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United Nations — Treaty Series 1946-1947
privileges and immunities, exemptions and facilities accorded to diplomatic
envoys, in accordance with international law.
SECTION 20. Privileges and immunities are granted to officials in the
interests o£ the United Nations and not for the personal benefit of the indi
viduals themselves. The Secretary-General shall have the right and the duty
to waive the immunity of any official in any case where, in his opinion, the
immunity would impede the course of justice and can be waived without
prejudice to the interests of the United Nations. In the case of the Secre
tary-General, the Security Counsil shall have the right to waive immunity.
SECTION 21. The United Nations shall co-operate at all times with the
appropriate authorities of Members to facilitate the proper administration
of justice, secure the observance of police regulations and prevent the occur
rence of any abuse in connection with the privileges, immunities and facili
ties mentioned in this Article.
Article VI
EXPERTS ON MISSIONS FOR THE UNITED NATIONS
SECTION 22. Experts (other than officials coming within the scope of Ar
ticle V) performing missions for the United Nations shall be accorded such
privileges and immunities as are necessary for the independent exercise of
their functions during the period of their missions, including the time spent
on journeys in connection with their missions. In particular they shall be
accorded:
(a) Immunity from personal arrest or detention and from seizure
of their personal baggage;
(6) In respect of words spoken or written and acts done by them
in the course of the performance of their mission, immunity from legal
process of every kind. This immunity from legal process shall continue
to be accorded notwithstanding that the persons concerned are no
longer employed on missions for the United Nations;
(c) Inviolability for all papers and documents;
(d) For the purpose of their communications with the United
Nations, the right to use codes and to receive papers or correspondence
by courier or in sealed bags;
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28 United Nations — Treaty Series 1946-1947
(e) The Same facilities in respect of currency or exchange restric
tions as are accorded to representatives of foreign governments on tem
porary official missions;
(/) The same immunities and facilities in respect of their per
sonal baggage as are accorded to diplomatic envoys.
SECTION 23. Privileges and immunities are granted to experts in the
interests of the United Nations and not for the personal benefit of the indi
viduals themselves. The Secretary-General shall have the right and the duty
to waive the immunity of any expert in any case where, in his opinion, the
immunity would impede the course of justice and it can be waived without
prejudice to the interests of the United Nations.
Article VII
UNITED NATIONS LAISSEZ-PASSER
SECTION 24. The United Nations may issue United Nations laissezpasser
to its officials. These laissez-passer shall be recognized and accepted as
valid travel documents by the authorities of Members, taking into account
the provisions of Section 25.
SECTION 25. Applications for visas (where required) from the holders
of United Nations laissez-passer, when accompanied by a certificate that they
are travelling on the business of the United Nations, shall be dealt with as
speedily as possible. In addition, such persons shall be granted facilities for
speedy travel.
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 busi
ness of the United Nations.
SECTION 27. The Secretary-General, Assistant Secretaries*General and
Directors travelling on United Nations laissez-passer on the business of the
United Nations shall be granted the same facilities as are accorded to diplo
matic envoys.
SECTION 28. The provisions of this article may be applied to the com
parable officials of specialized agencies if the agreements for relationship
made under Article 63 of the Charter so provide.
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Article VIII
SETTLEMENTS OF DISPUTES
SECTION 29. The United Nations shall make provisions for appropriate
modes of settlement of:
(a) Disputes arising out of contracts or other disputes of a private
law character to which the United Nations is a party;
(ft) 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 appli
cation 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 between the United Na
tions 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 Nations for accession.
SECTION 32. Accession shall be affected by deposit of an instrument with
the Secretary-General of the United Nations and the convention shall 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 i$
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
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g2 United Nations — Treaty Series 1946-1947
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 conven
tion so far as that Member or those Members are concerned. These supple
mentary agreements shall in each case be subject to the approval of the
General Assembly.
No.
No. 4
UNITED NATIONS and LEAGUE OF NATIONS
Protocol (No. I) concerning the execution of various opera
tions in the transfer to the United Nations of certain
assets of the League of Nations. Signed at Geneva, on
1 August 1946
French official text communicated by the Secretary-General of the United
Nations. The filing and recording took place on 14 December 1946.
ORGANISATION DES NATIONS UNIES
et
SOCIETE DES NATIONS
Protocole (No I) concernant l'exécution de diverses opéra
tions de transfert de certains avoirs de la Société des
Nations aux Nations Unies. Signé à Genève, le 1er août
1946
Fexte officiel français communiqué par le Secrétaire général de l'Organi
sation des Nations Unies. Le classement et l'inscription au répertoire
ont eu lieu le 14 décembre 1946.
132 United Nations Treaty Series 1946-1947
TRANSLATION TRADUCTION
No. 4. PROTOCOL (NO. I) CONCERNING THE EXECUTION
OF VARIOUS OPERATIONS IN THE TRANSFER TO THE
UNITED NATIONS OF CERTAIN ASSETS OF THE
LEAGUE OF NATIONS, SIGNED AT GENEVA ON i AU
GUST 1946
Mr. Scan LESTER, Secretary-General of the League o£ Nations, and
Mr. Wlodzimierz MODEROW, Director, Representative of the SecretaryGeneral
of the United Nations in Geneva:
Note that, in application of the Common Plan, approved by a resolu
tion of the General Assembly of the United Nations, dated 12 February
1946, and by a resolution of the Assembly of the League of Nations, dated
18 April 1946, and of a subsequent Agreement1 dated 19 July 1946, con
cerning the execution of the transfer to the United Nations of certain assets
of the League of Nations, the following operations were effected on i
August 1946:
1. The transfer of rights in respect of the League of Nations build
ings and other immovable property was effected on i August 1946, and
the necessary entries having been made this day in the Land Register of
the Republic and Canton of Geneva.
2. The transfer of the ownership and possession of the movable prop
erty was also effected on i August 1946.
In accordance with Article 6 of the Agreement of 19 July 1946, the
movable objects transferred have been listed in an inventory drawn up by
the League of Nations which is in course of being verified by the United
Nations. A protocol will be drawn up placing on record the completion of
this operation.
3. A final valuation of the assets will be made in accordance with the
terms of the Common Plan. It will be the subject of a special protocol.
(Signed) Scan LESTER
W. MODEROW
Geneva, i August 1946.