(Paris, February 14, 2012)
The Government of the Russian Federation and the Eurasian Group on Combating Money Laundering and Financing of Terrorism (hereinafter - the EAG),
guided by the generally accepted principals and provisions of international law,
based on the Agreement on the Eurasian Group on Combating Money Laundering and Financing of Terrorism dated the 16th of June 2011,
taking into account that the EAG Secretariat locates in Moscow (the Russian Federation),
desiring to create appropriate conditions for the EAG Secretariat activity in the territory of the Russian Federation,
have agreed as follows:
Article 1
For the purpose of the Agreement, the following terms have the following meanings:
The Member States - the EAG member states;
The State Authorities - Federal authorities, the authorities of the subjects of the Russian Federation and local governments;
The Secretariat - the executive body of the EAG which performs administrative and technical duties on a regular basis for the purpose to implement the decisions of the EAG Plenary meetings and assignments of the EAG Chairman;
The Executive Secretary - the chief executive officer, the member of the EAG Secretariat appointed by the EAG Plenary meeting who administrates the EAG Secretariat's activity;
The Staff - the personnel of the EAG Secretariat that performs the administrative functions, appointed by the Executive Secretary on a competition basis from nationals of the Member States who performs their activities under labor contracts;
The Family Members - spouse, minors and dependants of the Staff;
The Premises of the Secretariat - any buildings or parts of buildings used by the Secretariat to perform its functions;
The Property of the Secretariat - all property, including monetary funds and other assets, as well as archives owned by the Secretariat for performing its official activity except for the Premises of the Secretariat.
Article 2
1. The Secretariat exercises rights of a legal entity in the Russian Federation and, in particular, entitled to:
enter into civil law contracts;
perform financial and economic activities aimed at performing functions imposed on it;
purchase movable property and real estate and dispose of it;
transfer its monetary funds in any currency within the Russian Federation from the Russian Federation to any foreign state and vice versa;
have a seal and letterheads of the prescribed form;
be a claimant and a defendant before Court.
All rights prescribed in this Article to be exercised on behalf of the Secretariat by the Executive Secretary or during his/her absence by an officer who is acting as he/she and authorized to do so.
2. The Secretariat cannot be engaged in any commercial activities.
3. All costs of stay and activities of the Secretariat to be paid from the EAG budget that consists of annual contributions of the Member States.
Article 3
The Property of the Secretariat located in the Russian Federation is inviolable. It enjoys immunity from any form of administrative or judicial intervention, except when the Secretariat refuses from the immunity.
Article 4
1. For performing the Secretariat's functions the Executive Secretary is entitled to prescribe its internal code of conduct that acts within the Premises of the Secretariat.
2. While performing the activities, the Secretariat is entitled to hold meetings and any other events within the Premises of the Secretariat without prior coordination with any State Authorities.
Article 5
1. The Premises of the Secretariat in the Russian Federation are inviolable. Officials of the State Authorities may enter the Premises of the Secretariat for any actions they obliged only upon the consent of the Executive Secretary or a person that acts as the Executive Secretary. Such consent is deemed to be given in case of fire, any other natural disaster or any emergencies that require immediate actions and urgent protective measures.
2. The Premises of the Secretariat shall not be used as a shelter for any persons that are prosecuted by the law of any Member State or subject to extradition to any Member State or any other third state.
3. In interacting with the Secretariat, the State Authorities shall take appropriate measures to protect the Premises of the Secretariat from any invasion and damage.
4. The immunity of the Premises of the Secretariat shall not entitle to use them for any purposes that are inconsistent with functions of the EAG or cause any damage to security of the Member States, interests of their natural or legal persons.
Article 6
1. The Staff in the territory of the Russian Federation:
a) is not a subject to criminal, civil or administrative liability for anything told or written by them and actions taken by them as a personnel of the Secretariat, as well as actions taken by them in direct performing of their service functions except when the following claims are made:
- for compensation of damage in connection with any road accident caused by vehicle owned by the Secretariat or the Staff or driven by them; or
- for death or injury caused by any personnel's action/omission;
b) to be relieved from taxation of their wages except from these to be paid by Russian citizens;
c) to be relieved from any and all mandatory national services;
d) to be relieved from any and all customs duties, taxes and related charges for objects and any other property except for excisable goods intended for initial establishment except for customs duties for convoy and storage thereof. Use of the said objects and property for any other purposes, including sale or transfer thereof, will involve payment of customs duties and compliance with any other requirements prescribed by the Russian laws;
e) have the same privileges as to repatriation that diplomatic envoys enjoy in the course of international crises.
Paragraphs "c", "d" and "e" of this Article shall not be applied to the Russian nationals.
2. The Staff and the Family Members that are the Russian nationals to be relieved from military service when appropriate Russian competent authorities grant the necessary draft deferment to the said persons upon the Secretariat's request.
Article 7
The Staff shall not be entitled to conduct commercial or any other activities for their own benefit or for the benefit of any other person, except for research, creative or teaching activities.
If persons to be relieved from taxation in the Russian Federation under Article 6 hereof receive any income from research, creative or teaching activities, they to declare aggregate income received from such activities and pay taxes laid on it in compliance with the Russian legislation.
Article 8
The Staff to comply with the requirements prescribed by the Russian laws in respect of insurance of liability against damage that may be inflicted upon health and property of any third parties in connection with use of any vehicle.
Article 9
1. The Secretariat shall be relieved from any and all federal, regional and local taxes, fees and charges except for these which constitute payments for concrete types of services.
2. Objects and any other property, except for excisable goods, intended for official use by the Secretariat to be relieved from any customs duties, taxes and related charges except for convoy and storage duties.
Article 10
1. Conditions which are not less favorable than those used by diplomatic missions at the State of residence shall be created for the Secretariat for official relations in respect of priority of transmission of information, tariffs and rates of postal, telegraph, telex, facsimile or telephone communications.
2. Archives of the Secretariat to be inviolable.
3. The Secretariat shall be entitled to use codes, courier and any other special types of communication that ensure confidentiality of transmission of information in the manner and subject to terms and conditions that are rendered to diplomatic missions of foreign states in the Russian Federation.
Article 11
1. The Russian Government renders assistance to the Secretariat in providing the Secretariat with premises necessary to perform the EAG functions through the EAG Budget under the Agreement, as well as upon the Secretariat's request render assistance in providing the Staff that are not the Russian nationals with dwelling premises during performance of their duties under the Agreement.
2. The Staff and the Family Members pay utility bills under tariffs prescribed in the Russian Federation.
Article 12
1. Labor relations of the Staff to be regulated by the legislation of the Russian Federation.
2. Insurance contributions to budgets of the Russian Pension Fund, the Russian Social Insurance Fund, Federal Obligatory Medical Insurance Fund and territorial funds of obligatory medical insurance to paid through the EAG Budget in respect of the Russian nationals who are the residents in the territory of the Russian Federation and are employed in the EAG.
Article 13
1. The Family Members that are not the Russian nationals and residents to have rights to go into secondary/higher general education at general education institutions as it is offered to Russian nationals.
2. The Family Members to be admitted to and trained at educational institutions in spheres of defense, security, interior and customs, as well as civil educational institutions of higher and secondary professional education in compliance with the legislation of the Russian Federation unless any international treaty provides otherwise.
Article 14
The Secretariat may fly flag, emblem or any other EAG symbols, as well as flags of the Member States on its buildings and within the Premises. The EAG flag may be mounted on the Executive Secretary's service vehicle. The symbols may be placed in any other places are the subjects for approval by the State Authorities.
Article 15
Any and all disputes and differences related to interpretation or application of the Agreement shall be settled through negotiations between the Government of the Russian Federation and the EAG.
Article 16
Upon mutual agreement between the Russian Government and the EAG, the Agreement may be amended, that to be executed by separate protocols. Protocols shall come into force on the date when the Secretariat receives a notice of performance of internal procedures required to become effective by the Russian party.
Article 17
1. The Agreement is concluded for an indefinite period of time and shall come into force on the date when the Secretariat receives a notice of performance of internal procedures required for the Agreement to become effective by the Russian party.
2. If the Secretariat terminates its activities in the Russian Federation, the Agreement to become null upon settlement of all proprietary and non-proprietary legal relations, party to which is the Secretariat in the State of residence.
Executed in Paris on February 14, 2012 in two original copies in Russian and English. One copy to be stored in the Ministry of Foreign Affairs of the Russian Federation, the other one in the Secretariat.