MEMORANDUM OF UNDERSTANDING
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ARMENIA AND THE COUNCIL OF EUROPE CONCERNING THE ESTABLISHMENT OF THE COUNCIL OF EUROPE OFFICE IN YEREVAN AND ITS LEGAL STATUS
The Government of the Republic of Armenia and the Council of Europe (hereinafter - the Parties),
Having regard to Resolution CM/Res (2010)5 on the status of Council of Europe Offices adopted by the Committee of Ministers on 7 July 2010;
Having regard to the General Agreement on Privileges and Immunities of the Council of Europe (hereinafter - GAPI) concluded in Paris on 2 September 1949 to which the Republic of Armenia is a Party,
Have agreed as follows:
Article 1
Establishment of the Office of the Council of Europe and its
objectives
1.1 A Council of Europe Office in Yerevan (hereinafter - the Office), as a new institutional form of co-operation between the Parties, is hereby established.
1.2 The main objectives of the Office shall be as follows:
a. representing the Secretary General of the Council of Europe vis-a-vis the authorities of the Republic of Armenia (hereinafter - national authorities);
b. promoting and supporting the policies and activities of national authorities, as well as those of the Council of Europe bodies, related to the membership of the Council of Europe;
c. providing advice, support to national authorities in planning, negotiation and timely implementation of targeted Council of Europe co-operation activities, including Joint Programmes with the European Union and other donors;
d. facilitating the identification of needs for capacity-building, in co-operation with national authorities;
e. conducting fundraising activities for specific projects;
f. co-ordinating activities in the country with other international organisations and institutions (EU, OSCE, UN), as well as other international and local partners active in the country;
g. conducting a proactive media policy, in order to raise the visibility of the Organisation, its values and activities among the general public.
Article 2
Legal status of the Office
2.1 As a Council of Europe Institution, the Office shall have legal personality and shall have the capacity to conclude contracts, to acquire and dispose of movable property, to institute legal proceedings, to open bank accounts in national and foreign currency and to possess them.
2.2 The Articles 2-8 and 21 of the GAPI shall apply mutatis mutandis to the Office.
2.3 The Office is permitted to display the Council of EuropeԺs insignia on premises used by the Office as well as its means of transport.
2.4 The Office may use communication channels, means and services as required to ensure its full ability to communicate. The Office may, pursuant to the laws and regulations of the Republic of Armenia, use the electronic-magnetic spectrum for operations of the Office, and commits itself in co-operation with the relevant authorities of the Republic of Armenia, to ensure the licenses. The Office has no right to use broadcasting frequencies.
2.5 Office vehicles shall be registered under diplomatic license plates and shall carry adequate third-party liability insurance.
2.6 Service providers and consultants contracted locally by the Office shall remain subject to the laws and regulations of the Republic of Armenia.
2.7 The functioning of the Office shall be financed by appropriations under the Ordinary budget of the Council of Europe and, whenever applicable, by extra-budgetary resources provided for the implementation of co-operation programmes.
Article 3
Officials of the Office
3.1 The Office shall be staffed by the Council of Europe officials (hereinafter - the Officials of the Office) who include the following categories: Council of Europe staff members employed under the Staff Regulations and Rules of the Council of Europe, including staff recruited locally, and officials seconded to the Council of Europe in pursuance of the applicable rules.
3.2 The Council of Europe shall notify the Ministry of Foreign Affairs of the Republic of Armenia of the name, functions and category of the Officials of the Office in Yerevan.
3.3 The Secretary General of the Council of Europe shall appoint the Head of Office, whose proposed nomination shall be communicated in advance and in writing to the Minister of Foreign Affairs of the Republic of Armenia.
3.4 The Article 18 of the GAPI shall apply to the Officials of the Office, with the exemption of locally recruited staff.
3.5 Officials of the Office, who are locally recruited staff, shall enjoy the privileges and immunities foreseen in Article 18 paragraph «a» and «b» of the GAPI.
3.6 In addition to the provisions contained in the GAPI, Officials of the Office shall be exempt from the application of the laws of the Republic of Armenia on social security, on condition that the Officials belong to a social security scheme provided for by the Council of Europe.
3.7 The exemption, foreseen in Article 18 (b) of the GAPI, shall not preclude voluntary participation in the social security system of the Republic of Armenia, provided that such participation is permitted by the relevant legislation of the Republic of Armenia.
3.8 Privileges and immunities are granted to officials in the interests of the Council of Europe and not for the personal benefit of the individuals 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 Council of Europe.
3.9 Officials of the Office shall respect the local laws and refrain from activities incompatible with the mandate and tasks of the Office.
Article 4
Settlement of disputes
Disputes between the Parties with regard to the interpretation or application of this Memorandum of Understanding shall be settled by diplomatic means.
Article 5
Final Provisions
5.1 This Memorandum of Understanding shall enter into force on the day of notification by the Government of the Republic of Armenia on the fulfillment of the internal procedures necessary for its entry into force.
5.2 This Memorandum of Understanding may be amended by an agreement between the Parties. Such amendments shall enter into force in the manner prescribed in paragraph 1 of this Article and shall constitute an integral part of this Memorandum of Understanding.
5.3 This Memorandum of Understanding shall remain in force for a period of three years as from the date of its entry into force. After this period this Memorandum of Understanding shall automatically be extended for one-year periods, unless one of the Parties notifies the other Party of its intention to terminate it six months before the expiry of the respective period.
5.4 This Memorandum of Understanding replaces the Memorandum of Understanding between the Government of the Republic of Armenia and the Council of Europe concerning the Status of the Information Office of the Council of Europe in Yerevan concluded on 5 November 2002, the exchange of letters of 11 December 2002 and 24 July 2003 containing a Complementary Understanding concerning the Status of the Special Representative of the Secretary General of the Council of Europe in Yerevan. The Office replaces the existing Information Office of the Council of Europe in Yerevan and succeeds it in respect of its assets and documentation.
Done at Yerevan on April 17, 2013 in two originals, in Armenian and English languages, both texts being equally authentic.
The Memorandum of Understanding has entered into force on 3 July 2013