AGREEMENT
dated __ ________2019
BETWEEN THE RESERVE INTERSTATE BANK AND THE COUNTRY GOVERNMENT ON THE CONDITIONS OF RESIDENCE OF THE RESERVE INTERSTATE BANK IN THE TERRITORY OF THE COUNTRY
The Reserve Interstate Bank and the Country Government in order to create favorable conditions for activities of the Reserve Interstate Bank in the territory of the Country have agreed on the following:
Article 1.
For the purposes of this Agreement, the terms set forth herein shall have the following meanings:
а) “Bank” shall mean the Reserve Interstate Bank;
b) “Bank’s Articles of Association” shall mean the Articles of Association of the Reserve Interstate Bank, as well as any amendments and supplements thereto;
c) “Relevant authorities” shall mean the relevant public and local authorities;
d) “President of the Bank” shall mean the President of the Reserve Interstate Bank or other person authorized to act on behalf of the president;
e) “Officials of the Bank” shall mean the President of the Bank, his/her deputies and other officials, determined by the Board of the Bank;
f) “Employees of the Bank” shall mean all employees of the Bank, including technical and service staff;
g) “Family members” shall mean a husband (wife) and minor children of officials of the Bank;
h) “Archives of the Bank” shall mean all documents, records, correspondence and other materials, including manuscripts and photographs, films and sound records, computer programs, written materials, videotapes and DVDs, discs and tapes containing information owned or kept by the Bank or anyone on its behalf;
i) “Property of the Bank” shall mean all assets of the Bank, wherever located and by whomsoever held, including funds, income and rights held or disposed (managed) by the Bank or on its behalf;
j) “Premises of the Bank” shall mean buildings or parts of buildings, owned by whomsoever, used for the purposes of the Bank, as well as the land where such building or parts of buildings are located;
k) “Meetings” shall mean meetings of the Board of the Bank, meetings convened by the Bank, including any international conferences, commissions or committees.
Article 2.
The Bank, in accordance with the present Agreement and the Bank’s Articles of Association, shall have international legal personality, enjoy the rights of a legal entity in the territory of the Country, and in particular, shall be entitled:
a) to conclude international and other agreements, as well as to make any transactions within its competence;
b) to acquire, lease, alienate movable and immovable property and to dispose of it;
c) to act on its own behalf and on someone’s behalf in judicial and arbitral bodies;
d) perform other actions aimed at the execution of the tasks imposed upon the Bank in accordance with its Articles of Association.
For protection of its interests, the Bank enjoys the rights granted to legal entities by legislation of the Country.
Article 3.
The relevant authorities provide the Bank at its expense with premises required for the exercise of its functions.
The procedure and conditions of possession and use of the premises provided for the Bank shall be determined by separate agreements concluded between the relevant authorities and the Bank.
The Bank takes measures for the proper maintenance, operation and use of the provided premises and undertakes not to perform any actions, causing damage to them.
At the request of the Bank the appropriate authorities assist in the purchase and construction of the premises required by the Bank for the exercise of its functions, or assist in obtaining premises in some other way, as well as in case officials of the Bank need residential accommodations, social and amenity premises.
Article 4.
The premises of the Bank and its property shall enjoy the immunity of diplomatic missions.
Actions performed in the premises of the Bank shall be subject to the internal regulations adopted by the Bank in order to exercise its functions.
Any action taken under a decision of a relevant authority can take place in premises of the Bank only with the consent of the President of the Bank, or in his/her absence the Deputy President of the Bank, or other authorized officer of the Bank.
The premises of the Bank shall not serve as an asylum for people prosecuted under laws of the Country or extraditable to another state.
The inviolability of the premises of the Bank does not give the right to use them for purposes inconsistent with the objectives and functions of the Bank or detrimental to the security of the Country, interests of its citizens and legal entities.
The property of the Bank, located in the territory of the Country shall have immunity from search, inspection, expropriation, confiscation or any other form of interference through executive, administrative, judicial or other actions.
Article 5.
The relevant authorities shall provide the Bank with communication services, security, transportation, utilities and other services on the terms established for diplomatic missions of foreign states, assist the Bank in providing material and technical resources and creating the necessary conditions for the operation of motor vehicles.
These services shall be paid at the expense of the Bank.
Article 6.
The Bank shall be exempt from all taxes, duties, fees and other payments collected in the territory of the Country, except for payments for specific services rendered.
The Bank uses the same benefits for import and export of property and items for office use
as well as its own publications as diplomatic missions of foreign states in the Country.
Article 7.
The archives of the Bank and all documents owned or held by it enjoy the immunity of diplomatic missions. Communications and correspondence of the Bank shall not be subject to censorship. This immunity extends to printed, photographic, audiovisual and other forms of information received or sent by the Bank irrespective of the method and form of its transmission.
The conditions relating to tariffs and rates of telegraph, telex, fax, facsimile and telephone services used by the Bank are not less favorable than those used by diplomatic representatives of foreign states in the Country.
The Bank with the consent of the relevant authorities may install and use in the Country means of distant communication between two points and other facilities for receipt and transmission of messages that may be necessary for the communication of the Bank both within and beyond the boundaries of t the Country.
Article 8.
The Bank has the right to convene meetings and carry out other activities that meet its statutory objectives at the location of its office without the express approval of the relevant authorities.
Article 9.
Activities of the Bank related to the implementation of the statutory functions are not subject to control by the relevant authorities.
To the extent necessary for achievement of objectives and exercise of functions of the Bank and subject to the provisions hereof all property of the Bank is free from any restrictions, regulations, control and moratoria.
Article 10.
Officials of the Bank shall have the following privileges and immunities:
a) be immune from legal, administrative and criminal liability for acts committed while on duty, all of their official documents shall be inviolable; however, this immunity does not apply to civil liability in the event of damage resulting from a traffic accident caused by any officer of the Bank;
b) to use together with their families the same benefits for repatriation as used by members of diplomatic missions of foreign states accredited in the Country;
c) be exempted from national service obligations;
d) be immune, together with their families and dependent relatives, from immigration restrictions, alien registration procedures and registration fees during their stay in the territory of the Country;
e) have the right to import furniture, household articles and other personal property without payment of customs duties, taxes and fees when assuming office at the Bank, as well as the right for their duty-free export after cessation of employment in the Bank.
Immunity for acts committed while in office shall be reserved by officials of the Bank after cessation of their employment in the Bank as well.
Officials of the Bank are not allowed to combine work in the Bank with other paid work and engage in activities incompatible with their official duties, except for scientific, teaching and
creative activities.
Article 11.
The relevant authorities shall provide necessary assistance to persons arriving to or leaving the Country on business of the Bank.
Article 12.
Officials of the Bank enjoying the privileges and immunities provided for hereby shall respect the sovereignty and legislation of the Country and agree not to commit acts impairing the rights and legitimate interests of the Country.
The privileges and immunities provided for hereby shall not be granted to officials of the Bank for the personal benefit of individuals but for the effective and independent exercise of their official functions in the interests of the Bank.
The Board of the Bank may to the extent and subject to such conditions as it may determine waive any immunities, privileges and benefits provided for hereby, where, in its opinion, such a measure meets interests of the Bank.
The President of the Bank shall be entitled and obligated to waive any immunity, privilege or benefit in respect of any officer of the Bank, except for the President of the Bank, the Vice – President of the Bank, his/her deputies, where, in his/her opinion, an immunity, privilege or benefit impedes the administration of justice and such waiver does not impair the interests of the Bank.
In similar circumstances and under the same conditions, the Board of the Bank shall be entitled and obligated to waive any immunity, privilege or benefit in respect of the Bank’s president, vice-president of the Bank, his/her deputies.
The Bank shall cooperate with the relevant authorities in order to prevent any abuse on the part of officials of the Bank resulting from the conferred privileges and immunities.
Article 13.
Salaries and other remuneration paid by the Bank to employees of the Bank in the territory of the Country, shall be taxed in accordance with the laws and international instruments of the Country.
The Bank shall make mandatory contributions to the employment funds of the states of citizenship of employees of the Bank and the pension funds of the states of permanent residence of these employees. Contributions for compulsory health and social insurance shall be paid by the Bank in accordance with the procedures in force in the Country.
Article 14.
The relevant authorities shall at the expense of the Bank organize the provision of employees of the Bank and their families with social, medical and transport services under the conditions established for the respective categories of diplomatic employees of foreign embassies.
The procedure of social and pension security and insurance determined by legislation of the Country shall be applied to employees of the Bank who are citizens of the Country, or persons permanently residing in its territory.
Article 15.
The Bank is entitled to use its flag and emblem in premises of the Bank and on its vehicles.
Article 16.
In the event of termination of activities of the Bank in the territory of the Country this Agreement shall terminate after the settlement of all property and non-property relations involving the Bank in the Country.
Article 17.
This Agreement may be amended by an agreement between the Bank and the Country Government.
Disputes concerning the interpretation or application of this Agreement shall be settled by negotiation between the Bank and the Country Government.
Article 18.
This Agreement shall apply provisionally from the date of its signing and shall enter into force after notification of the Bank by the Ministry of Foreign Affairs of the Country on ratification of the Agreement by the Country.
Executed in Signing city (capital) on the ______________ “__” ______ 2019 in two original copies in Russian and other national language of the State. One copy is stored in the archives of the Bank; the other is stored in the archives of the Ministry of Foreign Affairs of the Country.
the Head of Government
_____________________
the President
VLADIMIR SIPACHEV