HEADQUARTERS AGREMENT Between THE GOVERNMENT OF THE REPUBLIC OF CHAD And THE LAKE CHAD BASIN COMMISSION THE GOVERNMENT OF THE REPUBLIC OF CHAD AND THE LAKE CHAD BASIN COMMISSION, CONSIDERING the decision taken on 22 nd May, 1964 by the Heads of State and Government bordering the Chad Basin to set up the permanent Headquarters of the LCBC in N'Djamena, CONSIDERING that the Council of Ministers, presided over by the Head of State, at its meeting on 27 th October, 1966 granted to the LCBC two plots of land Nos 4 and 7 in the new residential area of Corniche and Ilot 30 by Etoile Roudabout for the setting up of its building; CONSIDERING the Basin Document of the LCBC; DESIROUS to conclude an Agreement with a view to facilitating the mission of the Commission aimed at developing the Lake Chad Basin, at resolving matters to the establishment in N'djamena of the permanent Headquarters of the Commission and consequently defining the diplomatic privileges and immunities of this organisation in Chad, ANXIOUS to ensure the efficient running of the services of the LCBC; HAVE HEREBY AGREED AS FOLLOWS: ARTICLE I: LEGAL STATUS AND IMMUNITIES In accordance with the General Convention, the Government recognizes the legal status of the Commission and its capacity: (a) to contract, (b) to acquire and to alienate personal and landed property,
(c) to make its judicious regulations, (d) to enjoy privileges and immunities stipulated in Article XVII of the Convention. ARCTICLE II: PRIVILEGES,IMMUNITIES AND CONTROL OF THE COMMISSION AND ITS ASSETS Section 1 The Headquarters shall be inviolable and shall be under the control and authority of the Commission as provided in the Agreement The Commission and all its property shall enjoy immunity from every form of legal process except in so far as in any particular case the Commission has waived such immunity in accordance with the provisions of the Agreement. For this purpose: Section 2 (a) The premise of the Commission shall be inviolable and shall be immune from search, requisition, confiscation, expropriation or any other form of administrative or legislative action. Consequently, Government officers or officials of the Republic of Chad, whether administrative, judicial, military or police, shall not enter the Headquarters to perform any official duties therein except with the knowledge and consent and under the conditions agreed to by the Executive Secretary. (b) The Commission shall prevent the Headquarters from becoming a refuge for persons who: - are avoiding arrest for criminal offence, - are required on legal process for expulsion or extradition, - attempt to evade security action or measures of the Chadian authorities or avoid legal process. (a) The Government shall exercise due diligence to ensure that the tranquillity of the Headquarters is not disturbed by unauthorized entry of a person or groups of persons from outside or by disturbance in its immediate vicinity.
Section 3 For these purposes, it shall cause to provide on the boundaries of the Headquarters, such police protection as is required. (b) If and when so requested by the Executive Secretary, the appropriate Chadian Authorities shall provide a sufficient number of police for the preservation of law and order in the Headquarters and for the removal there from of the person or persons as requested under the authority of the Executive Secretary. The Chadian Authorities shall not impede the transit to or from the LCBC Headquarters of officials or other persons invited by the Commission for official business. For this purpose, the Chadian Government shall authorize, free of charge and without delay, entry visas and resident permit in its territory for the duration of the assignment or mission to the LCBC of the following person: - Commissioners of Member States of the LCBC and their families, - Officials and experts on the service of the LCBC and their families, - other persons who are not officials of the Commission but are invited for a mission to the LCBC together with their spouse or dependent children. Without prejudice to the special immunities which they enjoy, the above-mentioned persons, during the duration of their assignment or missions, shall be compelled by the Chadian Authorities to quit the Territory of Chad only in the case of their abuse of the resident privileges accorded them, by engaging in activities not compatible with their functions or mission in the commission and except on the following provisions: - No action shall be taken against the above-mentioned persons to quit the Territory without the approval of the Minister of Foreign Affairs and Cooperation shall consult the Executive Secretary of the LCBC.
In addition, persons who enjoy the privileges and immunities under this Agreement shall be required to quit the chadian Territory only in accordance with the usual procedure applicable to diplomats accredited to the Government. It is however understood that the persons referred to above are not exempted from the normal application of the rules of quarantine or public health. ARTICLE III: PUBLIC SERVICE AND UTILITIES (a) Electricity, Water, Telephone charges and other similar services of the Headquarters shall be borne by the Commission. (b) The Government shall exercise, at the request of the Executive Secretary, the powers at its disposal in this regard, to ensure that the Headquarters is supplied under equitable terms, the necessary public service and utilities. In case of interruption consider the needs of the LCBC as being of equal important with the similar needs of the essential Government services and shall take necessary steps to avoid these interruptions from prejudicing the activities of the LCBC. ARTICLE IV: COMMUNICATION AND TRANSPORTS Section 1 For its official communications and the transfer of all its documents, the Commission shall enjoy the same favourable treatment granted by the Chadian Government to all the other foreign missions in Chad. Section2 The official communications of the Commission shall be inviolable. This immunity shall extend without limitation, to publications, still and moving pictures, films and sound recording in the official use of the Commission. Under this enumeration, the Commission shall have the right to use codes and to dispatch and receive its official correspondence, publications, documents, still and moving pictures, films and sound recordings, either by courier or in sealed bags, having the same immunities and privileges as diplomatic couriers and bags.
Section3 The Commission shall have the right to establish and operate at the Headquarters for its exclusive official use all-purpose radio station or stations and such additional broadcasting facilities as may be required by the Commission provided that these installations shall be subject to the Provision of Articles 45 and 47 of the International Telecommunications Union Convention relating to the rational use of frequencies and spectrum space and harmless interference. It is further provided that the frequencies on which any such station may be operated will be agreed upon between the Commission and the Chadian Telecommunications Department, which agreement shall be duly communicated by the commission to the International Frequency Registration Board. Section 4 For its official purposes, the commission shall be entitled to use transportation operated by the Government at the same rates and treatment as are granted to permanent diplomatic missions. Section5 Aircraft operated by or for the Commission shall be exempt from all charges, except those for actual service rendered, and from fees or taxes incidental to the landing at, parking on or taking off from any aerodrome in Chad. Likewise, any vessel operated by or for the Commission shall be except from fees or taxes incidental to the landing at, or sailing away from any port in Chad. Except as provided for in the two preceding sentences, nothing herein shall be construed as exempting such aircraft or vessel from full compliance with all applicable laws of Chad governing the operation of flights and shipping into, within and out of the Territory and territorial Water of the Republic of Chad. ARTICLE 5: EXEMPTION The Commission, its assets, income and other revenues shall be exempt from all kinds of national taxes except as regards tax on services rendered. The Commission shall be exempt from any form of duty, taxes and other related exemptions, except as regards tax on services rendered by the Government and shall enjoy all prohibitions or restrictions on the importation and exportation of goods required for its official use. It is
understood however, that goods imported duty-free shall not be disposed off within the Chadian Territory except under the conditions agreed to by the Government. ARTICLE VI: OFFICIALS OF THE COMMISSION In the Territory of Chad, the officials of the Commission shall enjoy the following privileges: (a) immunity from legal process for acts performed by them in their official capacity, including their words, spoken or written; (b) immunity from personal arrest or detention, except in cases of serious criminal offences. Nevertheless, Chadian national officers and employees of the Commission should subject themselves to judicial procedures, personal arrests and detentions in the exercise of their civic rights when they no longer enjoy diplomatic immunities accorded by the Executive Secretary of the Commission; (c) immunity from seizure of their personal and official baggages; (d) exemption from themselves and the members of their immediate families from immigration restrictions, alien registration and finger printing, except for Chadian nationals; (e) all the officials together with their spouses and the members of their immediate families, except Chadian nationals shall be accorded the same repetition facilities in time of international crisis, as are accorded to the members of diplomatic missions; (f) exemption from all national and local taxation on the salaries and emoluments paid to them by the Commission; (g) every Chadian national who is a member of the staff of the Commission, serving in Chad shall be excluded from the privilege of exemption from taxes on the salaries and allowances paid to them by the said Commission; (h) all officials of the Commission whatever their nationality shall be excluded from the privilege of exemption from taxes on private income derived from and on the capital investments made in any commercial establishments within the state to which they are accredited;
(i) officials shall be accorded in respect of currency or exchange regulations, the same privileges as are accorded to officials of the diplomatic missions of comparable rank, accredited to the Government, provided they are not nationals of the member countries of the franc zone; (j) the right to possess foreign securities and other movable and immovable property in Chad or elsewhere under the stipulated conditions of the Chadian exchange regulations; (k) officials who were formerly residing abroad shall have the right to import their furniture and other personal effects without restriction or prohibition. The same right shall apply to the importation of personal motor cars at the rate of one car per family. Nevertheless, officials of Chadian nationality shall enjoy the privilege of suspension of customs duty and taxes for the duration of their assignment with the LCBC, at the rate of a single car per family. This right of suspension shall be subjected to a solid Bank Surety deposited with the Customs Office on behalf of the beneficiary testifying that duties and taxes shall be paid when the officer is no longer in the employment of the LCBC or when the car is disposed to a non-privileged third party. Section 2 The Executive Secretary shall propose a list to the Ministry of foreign Affaires and Cooperation for approval, showing the officials to benefit from the immunities and privileges mentioned above. All officials and other employees of the LCBC shall be provided with a special identity card issued by the organisation, certifying the fact that they are officials and / or employees of the LCBC. Section 3 The Executive Secretary shall enjoy within the Chadian Territory the privileges and immunities accorded to Heads of diplomatic missions accredited to Chad, namely:
Section 4: (a) immunity from legal process for acts performed by him in his official capacity (including his words, spoken or written); (b) immunity from personal arrest or detention for the independent acts performed in the exercise of his function; (c) exemption from all taxes on the salaries and emoluments paid to him by the Commission as well as national taxes on his income from aboard; (d) exemption for himself and the members of his family, from all kinds of immigration restrictions and alien registration formalities; (e) privileges for foreign currency exchange provided he is not a national of the member countries of the franc zone; (f) repartition facilities in time of international crisis, for himself and the member family; (g) right to possess foreign securities and other movable and immovable property in Chad and elsewhere under the stipulated conditions of Chadian exchange regulations; (h) right to import his furniture and personal effects without subjection to any tax, prohibition or restriction; (i) as regard the importation disposal and replacement of motor cars, he shall enjoy the same privilege as is accorded to the Heads of diplomatic missions. The privileges and immunities provided for in this Agreement are granted solely in the interest of the Commission and not for the personal benefit of the individuals themselves. Hence the Executive Secretary shall have the right and the duty to waive the immunity granted to any official or an employee in any case where the Government considers that such immunity hampers the application of justice and can be waived without prejudice to the interests of the Commission. Section5
Experts attached to the LCBC under technical assistance shall enjoy the privileges and immunities to be elaborated in a senior staff Regulation adopted by the Council of Ministers of the LCBC. Section 6 The Commission shall cooperate at all time with the appropriate Chadian Authorities to facilitate the proper administration of justice, ensure the observance of police regulations and prevent any abuses in connection with the privileges, immunities and facilities accorded in this Agreement. ARTICLE VII: INTERPRETATION AND APLICATION The provisions of this and any supplementary agreements shall be interpreted and applied in the light of its and their primary purpose to enable the Commission to discharge its responsibilities and fulfil its objectives fully and efficiently. ARTICLE VIII: SETTLEMENT OF DISPUTES Any dispute which may arise between the Government and the Commission with respect to the interpretation and/or application of this Agreement or of any supplementary agreement, shall be settled by the contracting parties and failing which it shall be sent for settlement by the Council of Ministers of the LCBC, and as the last resort by the Heads of States and Government. ARTICLE IX: EFFECTIVE DATE This Agreement shall enter into force on the date of its ratification by the Government of Chad in accordance with its constitutional process.