Agreement Between the Government of Nigeria and COPAZ

The Government of the Federal Republic of Nigeria and the Co-Prosperity Alliance Zone (COPAZ) duly represented by the Executive Secretary shall establish the Technical Support Facility (Secretariat) in Nigeria (hereinafter referred to) as the Host Country:

CONSIDERING Article 8 of the Memorandum of Understanding signed between the Member States of the Co-Prosperity Alliance Zone (COPAZ) in Abuja, Nigeria on the 8th February, 2007:

DESIRING to improve cooperation and friendly relations and facilitating the implementation of the provisions relating to privileges and immunities to be granted to officials of the Technical Support Facility at the Headquarters and in the State Parties:

REAFFIRMING that the privileges and immunities to the Secretariat of the Co-Prosperity alliance Zone (COPAZ) shall be the same as granted to the Diplomatic Missions and International Organizations in the Federal Republic of Nigeria and in the other States Parties:

HAVE AGREED AS FOLLOWS:

ARTICLE I

DEFINITIONS

1. For the purpose of this Agreement, the following expressions shall have the meanings assigned to them hereunder:

(a)     “Appropriate Nigerian Authorities “means the Federal, State, Local or other Authorities in Nigeria as may be appropriate within the laws of Nigeria:

(b)     “COPAZ” means Co-Prosperity Alliance Zone;

(c)      “Committee of Minister” means the Minister of Foreign Affairs of the Member States, those of Interior and Security. Finance, Budget and Development, Commerce and Industry. Transport, Communication and Infrastructure, Culture, Tourism and Sports, Mines and Steel Development, Justice, Energy and Petroleum Resource. Agriculture and Water Resources;

(d)     “Executive Secretary” means the Chief Executive Officer of the Technical Support Facility:

(e)     “Government” means the Government of the Federal Republic of Nigeria:

(f)      “Headquarters” means the buildings, premises, structure or portions thereof which at any given moment are occupied or used by the Technical Support Facility in Nigeria:

(g)     “Laws of Nigeria” include Legislative Acts. Decrees, Orders or Regulations issued by or under the authority of the Government or any appropriate Nigerian:

(h)     “MOU” means the Memorandum of Understanding on the Co-Prosperity Alliance Zone (COPAZ) signed by the Member Stat in Abuja. Nigeria on the 8th February. 2007:

(i)      “Officials and other employees of the Technical Support Facility” mean all members of staff of the Technical Support Facility irrespective of nationality, with the exception of Consultants, Contractors, Experts and those who are recruited locally on hourly rates:

(j)      “Official Correspondence” means all correspondence relating to the functions of the Technical Support Facility:

(k) “Representatives of State Parties” include resident representatives, leaders of delegation. from State Parties and members thereof, including advisers, technical experts and secretariat personnel:

(i)      “TSF” means the Technical Support Facility, including its Secretariat, as well as any other institutions, technical and specialized agencies, which may subsequently be established under the Memorandum of Understanding.

(m)    “Secretary” means the Executive Secretary of COPAZ and/or his authorized representatives.

ARTICLE 2

PRIVILEGES, IMMUNITIES AND CONTROL OF THE TECHNICAL SUPPORT FACILITY

1. The Headquarters shall be inviolable and shall be under the control and the responsibility of the Executive Secretary as provided in this Agreement.

2. The Technical Support Facility and all its property shall enjoy immunity from every form of legal process except in so far as in any particular case the Technical Support Facility has expressly waived such immunity in accordance with the provisions of this Agreement.

3. The premises of the Technical Support Facility 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, whether administrative, Judicial, Military, or Police including officers or officials or appropriate Nigerian Authorities, shall not enter the Headquarters to perform any official duties therein except with the knowledge and consent and under condition agreed to by the Technical Support Facility official duly authorized to act on that behalf.
4. Without prejudice to the provisions of this Agreement, the Technical Support Facility shall have the power to make rules and Regulations applicable within the Headquarters and to establish means for the application and enforcement of such Rules and Regulations.

5. The Technical Support Facility shall be entitled to display its flag in the Headquarters and on its vehicles, vessels and aircraft.

6. Without prejudice to the provisions of this Agreement, the Technical Support Facility shall prevent the Headquarters from becoming a refuge for persons who are avoiding arrest under any law in Nigeria or who are required by the Government for extradition to another Country or who are endeavouring to avoid service of legal process.

7. The Appropriate Nigerian Authorities shall exercise due diligence to ensure that the tranquillity of the Headquarters is not disturbed by unauthorized entry of group of persons from outside or by disturbance in its immediate vicinity, and shall cause to be provided on the boundaries of the Headquarters such Police protection as is required for these purposes.

8. If and when so requested by the Executive Secretary or by the Technical Support Facility official duly authorized to act on his behalf, the appropriate Nigerian Authorities shall provide a sufficient number of Police for the removal thereof the persons as requested under the authority of the Technical Support Facility official duly authorized to act on his behalf.

9. The Technical Support Facility, its assets, income and other property shall enjoy tax duty and other related exemptions and privileges in accordance with Articles 8, 10, 12, and 14 of the Technical Support Facility Agreement.

ARTICLE 3

COMMUNICATION AND TRANSPORT

1. For its official communications and the transfer of all its documents, the Technical Support Facility shall enjoy in Nigeria the treatment granted by the Government to any other International Organization as well as to Foreign Diplomatic Missions in Nigeria.

2. The archives, documents and correspondence of the Technical Support Facility shall be inviolable.

3. Without limitations by reasons of this enumeration, the Technical Support Facility 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 courier and bags.

4. Technical Support Facility shall have the right to establish and operate at the Headquarters for its exclusive use an all-purpose Radio Station or stations and such additional broadcasting facilities as may be required by the Technical Support Facility provided however that the operation of such a station shall be subject to the provisions of Article 45 and 46 of the International Convention relating to the rational use of frequencies and spectrum space and harmful interference. It is further provided that the frequencies on which such station may be operated shall be as agreed upon between the Technical Support Facility and the Ministry of Communications, Nigeria, which agreement shall fully be communicated by the Technical Support. Facility to the International Frequency Registration Board.

5. For its official purposes, the COPAZ shall be entitled to use transportation operated by the Government at the same rates and treatment as may be granted to resident Diplomatic Missions or any other International Organization.
6. Aircraft operated by or for the Technical Support Facility shall be exempted 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 Nigeria. Likewise, any vessel operated by or for Technical Support Facility shall be exempted from all charges except those for actual service rendered, and from fees or taxes incidental to the docking at, or sailing away from any Port in Nigeria. 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 Nigeria governing the operation of flights and shipping inta, within and out of the territory and territorial waters of Nigeria.

7. No provision of this Article shall be interpreted as forbidding the adoption of the necessary measures, particularly in case of emergency in the Federal Republic of Nigeria which shall be mutually determined between the Technical Support Facility and the Government and aimed at hindering or avoiding the abuse of the immunities, exemptions and privileges stipulated under this Article.

ARTICLE 4

ACCESS

1. The appropriate Nigerian Authorities shall not impede the transit to or from the Headquarters of the following persons:

(a)     Officials of the Technical Support Facility together with their families and relatives residing with and dependent on them:

ARTICLE G

PRIVILEGES AND IMMUNITIES OF REPRESENTATIVES OF MEMBER STATES

1. The Council of Ministers shall specify the categories of official to which the provisions of this Article shall apply and shall submit those categories to the Ministry of Foreign Affairs of Nigeria.
2. The official of the Technical Support Facility shall have the same privileges and immunities as diplomatic persons.

3. In keeping with paragraph 1 and 2 of this Article, the officials of the Technical Support Facility have the following privileges and immunities:

(a)     The person of the Technical Support Facility is inviolable. He shall not be liable to any form of arrest and detention, and the appropriate Nigerian Authority shall treat him with the due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity. This provision shall apply in respect of a Nigerian national only in the course of the performance of his official duties:

(b)     The private residence of the Technical Support Facility officials shall enjoy the same inviolability and protection as the premises of the Headquarters. His papers and correspondence shall likewise enjoy inviolability. This provision shall also apply in respect of a Nigerian.

(c)      The Technical Support Facility official shall enjoy immunity from criminal jurisdiction. They shall also enjoy immunity from Civil and Administrative jurisdiction except in the case of:

(i)   A real action relating to private immovable property situate in the territory of Nigeria, unless he holds it on behalf of the COPAZ for the purpose of the Secretariat or any institutions of the COPAZ.

(ii) An action relating to succession in which the official is involved as executor. administrator, heir or legatee as a private person and not on behalf of the COPAZ or any of its institutions:

(iii) An action relating to any professional or commercial activity exercised by the official outside his official functions. This provision shall not apply to a Nigerian National or foreigner with permanent residence in Nigeria:

(iv) Technical Support Facility official shall not be obliged to give evidence as a witness in any legal proceedings. This provision shall not apply to a Nigerian National employed by it:

(v) Technical Support Facility official shall be immune together with his spouse and relatives residing with and dependent on him from immigration restrictions.

(vi) The immunities and privileges under this Agreement are granted to Technical Support Facility official in the interest of the COPAZ only and not for their personal benefits. The Council of Ministers shall however have the right and duty to waive the immunity of any official in any case where immunity would impede the course of Justice and could be waived without prejudice to the interest of the State Parties:

(vii)The initiation of private proceeding by Technical Support Facility official shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.

(viii)Waiver of immunity from jurisdiction in respect of Civil or Administrative proceeding shall not be held to imply waiver to immunity in respect of the execution of the judgment for which a separate waiver shall be necessary: and

ix) Technical Support Facility’s Principal and Professional officers are exempted to pay tax on the salary paid by the COPAZ

“The official of the Technical Support Facility are members of staff of the State Parties entitled to privileges and immunities. They shall be the professional International Civil Servants as defined in the Staff Rules and Regulations of the COPAZ and such other person as the Council of Ministers may designate from time to time.

All officials of the Technical Support Facility and such other persons as the Council of Ministers may designate as entitled to the privileges and immunities shall be provided with a special identity card issued by the relevant Nigeria Authority, certifying the fact that they are Technical Support Facility officials or persons as entitled to the privileges and immunities specified in this Agreement.

ARTICLE 7

CO-OPERATION BETWEEN THE TECHNICAL SUPPORT FACILITY AND THE GOVERNMENT

1. Technical Support Facility shall co-operate at all times, with appropriate Nigeria Authorities to facilitate the proper administration of justice, ensure observation of police regulations and prevent any abuses in connection with the privileges.

2. If the Government considers that there has been an abuse of any privilege or immunity granted by or under this Agreement, consultations shall be held between the Government and the Technical Support Facility to determine whether any such abuse occurred and to formulate such steps as may be necessary to deal with such an occurrence.

ARTICLE 8

PUBLIC SERVICE AND UTILITIES

The appropriate Nigeria Authorities shall exercise to the extent requested by the Technical Support Facility official in-charge, the powers which they posses with respect to the supply of public services to ensure that the Headquarters shall be supplied on equitable terms with the necessary public service. including electricity, water, post, telephone, telegraph, transportation, drainage, collection of refuse and fire protection. In case of any such services, the Appropriate Nigerian Authorities shall consider the needs of Technical Support Facility as being of equal importance with similar needs of essential agencies of the Government, and will take steps accordingly to ensure that the work of the Technical Support Facility is not prejudiced.

ARTICLE 9

OBLIGATION TO PROVIDE ACCOMMODATION

The Nigerian Authorities shall provide residential accommodation for the Head of the Technical Support Facility. Furthermore, Technical Support Facility is to operate a Housing Policy for all its staff members by adopting a Monetization Policy for housing allowances payable to all staff with the exception of the Head of Institution.

ARTICLE 10

INTERPRETATION AND APPLICATION

1. The provisions of this Agreement and the Technical Support Facility Agreement shall, where they relate to the same subject matter. be treated whenever possible as complimentary, so that the provisions of both shall be applicable and neither shall narrow the effect of the other but in any case, of absolute conflict, the provisions of this Agreement shall prevail.

2. The Government and Technical Support Facility may enter into such supplementary agreement as may be necessary to fulfil the purpose of this agreement.

3. Whenever this Agreement imposes obligations on the appropriate Nigerian Authorities, the ultimate responsibility for the fulfilment of such obligations shall rest with the Government.
4. The provisions of this and any supplementary Agreements shall be interpreted and applied in the light of its or their primary purposes of enabling Technical Support Facility to discharge its responsibilities and fulfil its objectives and fully efficiently.

ARTICLE 11

SETTLEMENT OF DISPUTES

“Any dispute which may arise between the Government and the Technical Support Facility with respect to the interpretation and/or application of any of the provisions of this Agreement or any supplementary Agreement shall be settled amicably through consultation or negotiation between Parties through diplomatic channel or settlement by arbitration to the Council of Minister for solution and as a last resort to the Council of Heads of State of Parties.”

ARTICLE 12

AMENDMENT

The Government of the Federal Republic of Nigeria or Technical Support Facility or any State Parties may request in writing or consultation for the purpose of modification or amendment of this or any supplementary Agreement and any such modification or amendment shall be subject to mutual consent.

ARTICLE 13

FINAL PROVISIONS

1. This Agreement and any supplementary Agreement entered into by the Government and the Technical Support Facility within the scope of its terms of reference, shall cease to be in force twelve months after either of the parties must have given notice in writing to the other of its decision to terminate the Agreement, except, as regards the provisions which may apply to the normal cessation of the activities of Technical Support Facility in Nigeria and the disposal of its property.

2. This Agreement shall enter into force on the date of signature by the representatives of the Government of the Federal Republic of Nigeria and Technical Support Facility.

IN WITNESS WHEREOF the undersigned being duly authorized thereto have signed and sealed this Agreement.

DONE and signed in Abuja this 23 day of JUNE 2010 in a single original in the English texts.

Signed:

FOR AND ON BEHALF OF THE GOVERNMENT                           

OF THE FEDERAL REPUBLIC OF NIGERIA                                        

FOR AND ON BEHALF OF THE

TECHNICAL SUPPORT FACILITY