Loi du 5 septembre 2023 portant approbation de l’« Agreement between the Grand Duchy of Luxembourg and the Global Green Growth Institute regarding the legal status and privileges and immunities of the Global Green Growth Institute », fait à Luxembourg, le 22 juin 2022.

N° 582 du 18 septembre 2023

Loi du 5 septembre 2023 portant approbation de l’« Agreement between the Grand Duchy of

Luxembourg and the Global Green Growth Institute regarding the legal status and privileges and

immunities of the Global Green Growth Institute », fait à Luxembourg, le 22 juin 2022.

Nous Henri, Grand-Duc de Luxembourg, Duc de Nassau,

Le Conseil d’État entendu ;

Vu l’adoption par la Chambre des Députés ;

Vu la décision de la Chambre des Députés du 13 juillet 2023 et celle du Conseil d’État du 14 juillet 2023

portant qu’il n’y a pas lieu à second vote ;

Avons ordonné et ordonnons

Est approuvé l’« Agreement between the Grand Duchy of Luxembourg and the Global Green Growth Institute

regarding the legal status and privileges and immunities of the Global Green Growth Institute », fait à

Luxembourg, le 22 juin 2022.

Mandons et ordonnons que la présente loi soit insérée au Journal officiel du Grand-Duché de Luxembourg

pour être exécutée et observée par tous ceux que la chose concerne.

Le Ministre des Affaires étrangères

et européennes,

Jean Asselborn

Palais de Luxembourg, le 5 septembre 2023.

Henri

Doc. parl. 8094 ; sess. ord. 2022-2023.

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AGREEMENT

between

THE GRAND DUCHY OF LUXEMBOURG

And

THE GLOBAL GREEN GROWTH INSTITUTE

REGARDING THE LEGAL STATUS AND PRIVILEGES AND

IMMUNITIES OF THE GLOBAL GREEN GROWTH INSTITUTE

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The Grand Duchy of Luxembourg and the Global Green Growth Institute,

Jointly referred to as “Parties” and separately as “Party”,

WHEREAS the Global Green Growth Institute (“GGGI”) was established as an international organization by

the Agreement on the Establishment of the Global Green Growth Institute (the “Establishment Agreement”)

at Rio de Janeiro on 20 June 2012;

WHEREAS the Establishment Agreement entered into force on 18 October 2012;

WHEREAS GGGI’s primary objective is to promote sustainable development of developing and emerging

countries, including the least developed countries;

WHEREAS the Grand Duchy of Luxembourg has decided to initiate the procedure to become a Member

of GGGI;

WHEREAS GGGI has a physical presence and undertakes official activities in the Grand Duchy of

Luxembourg;

WHEREAS the Parties are cognizant of the need to regulate their relationship in relation to GGGI’s physical

presence and its official activities in the Grand Duchy of Luxembourg, in accordance with international practice

relating to the legal status and privileges and immunities of international organizations;

WHEREAS the GGGI and the Grand Duchy of Luxembourg desire to ensure that GGGI possesses the legal

status and privileges and immunities to operate within its territory and internationally and to efficiently and

properly exercise its official functions, including in respect of its governing organs, its personnel and experts;

NOW THEREFORE the Parties to this Agreement hereby agree as follows

Article 1

Definitions

Whenever used in this Agreement, the following terms have the following meanings

a) “Agreement” shall mean this Agreement between the GGGI and the Grand Duchy of Luxembourg;

b) “Advisory Committee” shall mean the Advisory Committee of GGGI;

c) “appropriate authorities” shall mean such authorities in the Grand Duchy of Luxembourg as may be

appropriate in the context and in accordance with the laws and customs applicable in the Grand Duchy

of Luxembourg;

d) “archives of GGGI” shall mean all archives of GGGI, including all records, correspondence, documents,

manuscripts, moving pictures, films, sound recordings and other materials belonging to GGGI, or held by

or on behalf of GGGI;

e) “Assembly” shall mean the Assembly of GGGI;

f)

“Council” shall mean the Council of GGGI;

g) “Director-General” shall mean the Director-General of GGGI appointed by the Assembly;

h) “Expert” shall mean any individual providing short-term services to GGGI under contractual arrangements

between the individual and GGGI or between an entity and GGGI;

i)

“GGGI Representative” means the senior official appointed by GGGI to be the head and in charge of the

Office;

j)

“laws of country” shall mean the legislation applicable in the Grand Duchy of Luxembourg;

k) “Luxembourg” shall mean the Grand Duchy of Luxembourg;

l)

“meetings convened by GGGI” shall mean meetings of GGGI, including any international conference

or other gathering convened by GGGI, and any commission, committee or sub-group of any of such

meetings;

m) “Office” shall mean an office of GGGI in the Grand Duchy of Luxembourg, as further elaborated in Article

3 of this Agreement;

n) “Officials of GGGI” shall mean the GGGI Representative, and all persons appointed or engaged to work

full time or part time for GGGI, but does not include Experts;

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o) “Personnel of GGGI” shall mean all members of the Assembly, the Council and the Advisory Committee,

Officials of GGGI and Experts, but not locally recruited persons paid at an hourly rate;

p) “property of GGGI” shall mean all property and assets of GGGI, wheresoever located and by whomsoever

held and includes funds, income and rights belonging to, or held or administered by, GGGI; and

q) “spouse” shall mean a partner (of whatever sex) of Personnel of GGGI if they have registered their

relationship.

Article 2

Legal Personality and Capacity

(1) Luxembourg recognizes that GGGI is an international organization with international legal personality.

(2) GGGI shall be accorded the juridical personality and the legal capacity to (i) to contract, (ii) to acquire and

dispose of immovable and movable property and (iii) to institute and to participate in legal proceedings.

(3) GGGI shall have the independence and freedom of action belonging to an international organization.

Article 3

Office Premises

(1) With the agreement of Luxembourg, GGGI may establish an office in the Grand Duchy of Luxembourg

(the “Office”).

(2) Except as otherwise provided in this Agreement, the laws of the Grand Duchy of Luxembourg shall apply

within the Office, and the courts of the Grand Duchy of Luxembourg shall have jurisdiction over acts done

in the Office.

(3) The Office premises shall be inviolable and shall be under the control and authority of GGGI. No authorities

of the Grand Duchy of Luxembourg shall enter the Office premises to perform any duties therein without the

consent of, and under conditions agreed to by GGGI. Such consent will be assumed in the case of fire or

other emergency requiring prompt protective action.

(4) GGGI may install and use a wireless transmitter only with the consent of Luxembourg.

(5) The Office premises shall be used in a manner compatible with GGGI’s official functions. GGGI shall

prevent the Office premises form becoming a refuge for fugitives from justice, or for persons subject to

extradition, or persons avoiding service of legal process or a judicial proceeding.

(6) The Grand Duchy of Luxembourg takes all appropriate steps to protect the Office premises against any

intrusion or damage and to prevent any disturbance of the peace of the GGGI or impairment of its dignity.

(7) GGGI and the appropriate authorities of Luxembourg shall cooperate closely concerning the protection

of the premises of the Office.

Article 4

Property, Funds, Assets and Archives

(1) Property and assets of the GGGI, wherever located and by whomsoever held, shall enjoy immunity from

every form of legal process, except in so far as in a particular case it has expressly waived its immunity.

It is, however, understood that no waiver of immunity shall extend to any measure of execution, for which

a separate express waiver shall be necessary. In case the GGGI initiates a legal proceeding, waiver of

immunities in respect not only of that legal proceeding but also of the execution of a judgement thereof is

presumed.

(2) The property and assets of GGGI, wherever located and by whomsoever held, shall be immune from

search, requisition, confiscation, expropriation or any other form of interference, whether by executive,

administrative, judicial or legislative action.

(3) The archives of GGGI shall be inviolable, wherever located.

(4) Without being restricted by financial controls, regulations or moratoria of any kind, GGGI may hold funds

or currency of any kind; operate accounts in any currency; and freely transfer any currencies it holds from

one country to another and freely convert any currency held by it into any other currency.

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Article 5

Exemption from Taxation and Customs Duties

(1) As part of its official activities, GGGI, its assets, income and property shall be

(a) exempt from all direct taxes;

(b) exempt from all customs duties, prohibitions and restrictions on imports and exports in respect of articles

imported or exported by GGGI for its official use. GGGI is also exempt for any customs duties and any

prohibitions and restrictions on imports and exports in respect of its publications it is understood, however,

that articles imported under such exemption cannot be disposed of, whether or not in return for payment,

in the territory of the Grand Duchy of Luxembourg, except under conditions to be agreed in advance with

the appropriate authorities; and

(2) GGGI shall have relief, under arrangements made by Luxembourg, by way of refund of value added

tax paid on the supply of any goods and services of substantial value which are necessary for the official

activities of the organization, such relief to be subject to compliance with such conditions as may be imposed

by Luxembourg in accordance with the arrangements.

(3) Domestic source income allocated to the GGGI is not subject to withholding tax.

(4) No exemption shall be granted in respect of taxes and dues which amount merely to charges of public

utility services.

Article 6

Communications

(1) Official communications of GGGI shall be accorded by the Grand Duchy of Luxembourg the same

treatment accorded by the Luxembourg to any other international organization with a physical presence in

Luxembourg.

(2) All official communications to, from and through the territory of the Grand Duchy of Luxembourg, by

whatever means or in whatever form, transmitted shall be immune from censorship and any other form of

interception or interference with their privacy. This does not preclude the adoption of appropriate security

precautions to be determined after consultation between the Luxembourg and GGGI.

(3) GGGI shall have the right in the Grand Duchy of Luxembourg to use codes and to dispatch and receive

correspondence and other official communications either by courier or in sealed bags, which shall have

immunities and privileges accorded to diplomatic couriers and bags. The bags must bear visibly GGGI

emblems and shall contain only documents or articles intended for official use, and the courier shall be

provided with a courier certificate issued by GGGI.

Article 7

Flag, Emblem and Markings

GGGI shall have the right to display its flag and/or other identifiers on its premises and vehicles.

Article 8

Freedom of Assembly, Meetings and Conferences

(1) GGGI and its Personnel shall enjoy full freedom of meeting, discussion and decision. Luxembourg shall

take all necessary measures to ensure that no impediment is placed in the way of meetings convened by

GGGI within the Grand Duchy of Luxembourg.

(2) All persons invited and accredited for a meeting or conference organized by GGGI, shall have the right of

entry into and exit from the Grand Duchy of Luxembourg, and no impediment shall be imposed on their transit

to, and from, the premises of the meeting or conference. They shall be granted facilities for speedy travel.

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Article 9

Privileges and Immunities of Officials of GGGI

(1) Officials of GGGI shall

(a) be immune from personal arrest or detention and from legal process of every kind in respect of words

spoken or written and all acts done by them in their official capacity, which shall continue to apply after they

are no longer Officials of GGGI. This immunity from legal process shall not apply to the above persons in

the case of motor traffic offences committed by them or in the case of damage caused by a motor vehicle

belonging to or driven by them. This paragraph shall also apply to the Director-General;

(b) be exempt from all forms of taxation on or in respect of salaries, allowances, and emoluments paid to

them by GGGI;

(c) be accorded the same privileges in respect of exchange facilities as are accorded to officials of

international organizations with a physical presence in Luxembourg;

(d) be given, together with their spouses and dependent children, the same repatriation facilities in time of

international crises as officials of international organizations with a physical presence in Luxembourg;

(e) have the right to import free of duty their furniture, personal property and motor vehicles for their personal

use. Such goods are normally imported within twelve months of the first taking up of their duties in

Luxembourg. An extension of this period may however be granted if justified;

(f) be exempt, together with their spouses and dependent children, from immigration restrictions and alien

registration.

(2) The Officials of GGGI shall be exempt from national service obligations.

(3) The privileges and immunities contained in Article 9 (1) (a) to (e) and in Article 2 shall also apply to persons

seconded by a Member, organization, or other entity to GGGI. Article 9 (1) (f) shall apply to persons seconded

to the GGGI for the duration of their secondment to GGGI.

Article 10

Privileges and Immunities of Representatives of GGGI Members

Constituting the Assembly, Council, and Advisory Committee of GGGI

(1) Representatives of GGGI Members constituting the Assembly, Council, and Advisory Committee shall,

while exercising their functions and during their journeys to and from the place of meetings convened by

GGGI, enjoy the following privileges and immunities

(a) immunity from personal arrest or detention and immunity from legal process in respect of words spoken

or written and all acts done by them in their official capacity. This immunity from legal process shall not

apply to the above persons in the case of motor traffic offences committed by them or in the case of

damage caused by a motor vehicle belonging to or driven by them;

(b) exempt from inspection of their personal baggage, unless there are serious grounds for presuming that

it contains articles not intended for official use by the GGGI or their personal use or members of their

respective spouse and dependent children, including articles intended for their establishment, or articles

the import or export of which is prohibited by the law or controlled by the quarantine regulations of

Luxembourg;

(c) immunity, together with their spouses and dependent children, from immigration restrictions and alien

registration requirements;

(d) the same facilities in respect of currency and exchange restrictions as are accorded to international

organizations; and

(e) where persons constituting the Assembly, Council, and Advisory Committee are required to travel to

attend GGGI meetings, then all applications for visas made by GGGI shall be dealt with by the Grand

Duchy of Luxembourg as speedily as possible.

(2) In order to secure for the Representatives of GGGI Members constituting the Assembly, Council, and

Advisory Committee at GGGI meetings a complete freedom of speech and complete independence 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 the discharge of their official duties shall continue to be accorded, notwithstanding that the

persons concerned are no longer engaged in the discharge of such duties.

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(3) GGGI shall make known, as soon as possible, to Luxembourg the names of the officials to whom the

provisions of this Article apply.

Article 11

Privileges and Immunities of Experts

(1) Experts shall be accorded the following privileges and immunities as are necessary for the effective

exercise of their functions, including during journeys made in connection with their service

(a) immunity from personal arrest or detention and immunity from legal process in respect of words spoken

or written or acts done by them in the performance of their official functions, such immunity to continue

notwithstanding that the persons concerned are no longer under contractual arrangement with GGGI.

This immunity from legal process shall not apply to the above persons in the case of motor traffic offences

committed by them or in the case of damage caused by a motor vehicle belonging to or driven by them;

(b) the same facilities in respect of currency and exchange restrictions as are accorded to officials of

international organizations; and

(c) exemption, together with their spouses and dependent children, from immigration restrictions and alien

registration.

(2) GGGI shall inform the Ministry of Foreign and European Affairs of the names, titles and functions of the

Experts contracted by GGGI.

Article 12

Labour Law

GGGI’s Staff Regulations shall apply to Officials of GGGI. Officials of GGGI shall not be subject to the labour

laws and regulations applicable in the Grand Duchy of Luxembourg.

Article 13

Social Security

(1) GGGI Officials shall be affiliated to the social security scheme provided for by the status applicable to

officials at the GGGI headquarters in accordance with the rules of this status and shall be exempted from

any social security scheme established by Luxembourg with respect to their duties for the GGGI.

(2) To the extent agreed between GGGI and the appropriate authorities, GGGI Officials may transfer pension

rights earned under any social security scheme established by Luxembourg to a social security scheme

established by GGGI.

(3) Provided that they are covered by the social security scheme of the State, the organization, or other entity

from which they are seconded, seconded national experts are also exempt from any compulsory contributions

to social security schemes in Luxembourg and are not covered by them.

(4) Paragraph 3 of this Article applies, mutatis mutandis, to the respective spouse and dependent children of

seconded national experts, unless they are employed in Luxembourg by an employer other than GGGI.

Article 14

Notification of appointments and issuance of “cartes de légitimation”

(1) The GGGI informs Luxembourg of any taking-up or termination of employment of Personnel of GGGI as

well as of persons employed and seconded by a Member, organization, or other entity to GGGI.

(2) At the request of the GGGI, Luxembourg issues to Personnel of GGGI, as well as to their respective

spouse and dependent children, following the notification of their appointment, a card denominated “carte

de légitimation”.

Article 15

Waiver of Privileges and Immunities

(1) The privileges and immunities granted by this Agreement to persons are conferred in the interest of GGGI

and not for the personal benefit of the individuals themselves. The following authorities have the right and the

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duty to waive immunities of the following persons in a particular case where, in their opinion, the immunity

would impede the course of justice and can be waived without prejudice to the interests of GGGI

(a) the Members of GGGI, with respect to their representatives on the Assembly and Council;

(b) the Assembly, with respect to the Director-General;

(c) the Council, with respect to the experts or non-State actors who serve as members of the Council or

Advisory Committee; and

(d) the Director-General, with respect to Officials of GGGI (other than him/herself), Experts and GGGI itself.

(2) In all cases a waiver must be expressly made in writing.

Article 16

Cooperation and Respect of Legislation

(1) The GGGI and its Personnel shall cooperate at all times with the appropriate authorities to facilitate the

proper administration of justice, to secure the observance of police regulations and to prevent the occurrence

of any abuse in connection with the privileges and immunities provided for in this Agreement.

(2) Without prejudice to the privileges and immunities conferred by this Agreement, it is the duty of all persons

enjoying such privileges and immunities to respect the legislation applicable in the territory of the Grand

Duchy of Luxembourg.

(3) Without prejudice to the privileges, immunities, exemptions and facilities foreseen by this Agreement, the

Grand Duchy of Luxembourg retains its right to take all useful precautions in the interest of its security and

public order. If need be, the Grand Duchy of Luxembourg will contact GGGI as quickly as circumstances

allow in order to determine by mutual agreement the measures necessary to protect the interest of GGGI.

GGGI cooperates with the appropriate authorities to avoid any prejudice to the security of the Grand Duchy

of Luxembourg.

Article 17

General Provisions

(1) The provisions of this Agreement shall in no way be construed to limit or prejudice the privileges,

immunities, exemptions, or various types of supports or contributions for GGGI, which have been, or may

hereafter be, agreed between Luxembourg and GGGI.

(2) This Agreement shall not be construed so as to abrogate, or derogate from, any provisions of the

Establishment Agreement or any rights or obligations which GGGI may otherwise have, acquire, or assume.

Article 18

Settlement of Dispute on the Interpretation or Application of this Agreement

(1) All disputes arising out of the interpretation or application of this Agreement shall be settled by

consultation, negotiation or other agreed mode of settlement.

(2) If the dispute is not settled in accordance with Article 18(1) within three months following a written request

by one of the Parties, then either Party may request that the dispute be referred for decision by an arbitral

tribunal according to the procedure set forth in Article 18(3) to (5).

(3) The arbitral tribunal shall be composed of three arbitrators: one to be chosen by each Party and the third,

who shall be the chairman of the tribunal, to be chosen by the other two arbitrators. Should a Party not have

chosen its arbitrator within three months following the appointment by the other Party of its arbitrator, then

the second arbitrator shall be appointed by the President of the International Court of Justice. Should the first

two arbitrators fail to agree upon the third within three months of the latest date on which an arbitrator was

appointed, then the third arbitrator shall be appointed by the President of the International Court of Justice

at the request of either Party.

(4) Unless the Parties otherwise agree, the arbitral tribunal shall determine its own procedure and the

expenses shall be borne by the Parties as assessed by the tribunal.

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(5) The arbitral tribunal, which shall decide by a majority of votes, shall reach a decision on the dispute on the

basis of the provisions of the present Agreement and the applicable rules of international law. The decision

of the arbitral tribunal shall be final and binding on the Parties to the dispute.

Article 19

Entry into Force, Revision and Termination

(1) This Agreement, which constitutes an international treaty, and any amendments made thereto, shall enter

into force on the date on which the Grand Duchy of Luxembourg notified the GGGI of the completion of the

procedure provided for in its Constitution for the ratification of amendment of international treaties.

(2) Luxembourg and the GGGI may terminate this Agreement by notifying in writing the other Party with a

minimum of six months’ notice. After this period, this Agreement shall cease to have effect.

IN WITNESS WHEREOF the Grand Duchy of Luxembourg and the Global Green Growth Institute, each

acting through its duly authorized representative, have signed this Agreement in two equally valid originals

in the English language on the respective dates indicated below.

Done the 22 day of June 2022 in Luxembourg.

For and on behalf of the Grand Duchy of

For and on behalf of the Global Green

Growth Institute

Jean Asselborn

Minister of Foreign and European Affairs

Frank Rijsberman

Director-General