S.I. No. 536/2022 - Eu-Lac International Foundation (Privileges And Immunities) Order 2022

1. At the moment of signing or ratifying this Agreement, or acceding to it, the Parties may formulate reservations and/or declarations regarding its text provided that they are not incompatible with its object and purpose.

2. The formulated reservations and declarations shall be communicated to the depositary, who shall notify them to the other Parties of the Agreement.

Article 30

Transitional Provisions

From the entry into force of this Agreement, the transitional foundation established in 2011 under the laws of the Federal Republic of Germany, shall conclude its activities and be dissolved. The assets and liabilities, resources, funds and other contractual obligations of the transitional foundation shall be transferred to the EU-LAC Foundation established under this Agreement. To this effect the EU-LAC Foundation and the transitional foundation shall complete the necessary legal instruments with the Federal Republic of Germany and satisfy the relevant legal requirements.

GIVEN under the Official Seal of the Government,

18 October, 2022.

MICHEÁL MARTIN,

Taoiseach.

EXPLANATORY NOTE

(

This note is not part of the Instrument and does not purport to be a legal interpretation

).

This Order affords certain privileges and immunities to the EU-LAC International Foundation in accordance with the relevant provisions of the Agreement establishing the EU-LAC International Foundation, done at Santo Domingo on 25 October 2016, pursuant to the

Diplomatic Relations and Immunities Act 1967

(as amended).

3. The depositary shall notify all the Parties of the entry into force of the amendments.

Article 24

Ratification and Accession

4. The Foundation may conclude with one or more Latin American and Caribbean States and EU Member States other agreements to be approved by the Board of Governors relating to such privileges and immunities as may be necessary for the proper functioning of the Foundation in their respective territories.

5. In the framework of its official activities, the Foundation, its assets, revenues and other property shall be exempt from all direct taxes. The Foundation shall not be exempt from payment for services rendered.

6. The Executive Director and the staff of the Foundation shall be exempt from national taxation on the salaries and emoluments paid by the Foundation.

7. Staff members of the Foundation means all members of staff appointed by the Executive Director, with the exception of those who are locally recruited and assigned to hourly rates.

Article 21

Languages of the Foundation

The working languages of the Foundation shall be those used by the strategic partnership between Latin America and the Caribbean and the European Union since its establishment in June 1999.

Article 22

Settlement of Disputes

Any dispute that may arise between the Parties concerning the application or interpretation of this Agreement and of its amendments shall be submitted to direct negotiations among them with a view to its timely settlement. If the dispute is not settled by these means, it shall be submitted to the decision of the Board of Governors.

Article 23

Amendments

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

21

st October,

2022.

WHEREAS it is enacted by

section 42

A (amended by

section 6

of the

Diplomatic Relations (Miscellaneous Provisions) Act 2017

(No. 33 of 2017)) of the

Diplomatic Relations and Immunities Act 1967

(No. 8 of 1967) that the Government may by order make provision to enable –

(a) international organisations, communities or bodies, their institutions or organs and their property, and

(b) persons,

to have and enjoy in the State any inviolability, exemptions, facilities, immunities, privileges or rights equivalent or having like effect to those conferred upon, or afforded in relation to, sending states, missions or international organisations under the Vienna Convention, the Convention on the Privileges and Immunities of the United Nations, or the Convention on the Privileges and Immunities of the Specialised Agencies or any other international agreement scheduled to the

Diplomatic Relations and Immunities Act 1967

provided for in relation to them by an international agreement or arrangement to which the State or the Government is or intends to become a party;

AND WHEREAS the EU-LAC International Foundation is such an international organisation, community or body, and the Agreement Establishing the EU-LAC International Foundation, done at Santo Domingo on 25 October 2016, is such an international agreement;

NOW, the Government, in exercise of the powers conferred on them by the said

section 42

A, hereby order as follows