The Texts of the Agreements Between the International Atomic Energy Agency, the United Nations and the Federal Government of the

INFCIRC/15/Rev.1/Add.1 - The Texts of the Agreements Between the International Atomic Energy Agency, the United Nations and the Federal Government of the ...

INFCIRC/15/Rev.1/Add.1 January 1983 International Atomic Energy Agency GENERAL Distr. Information Circular Original: ENGLISH (Unofficial electronic edition) and GERMAN

The Texts of the Agreements Between the International Atomic Energy Agency, the United Nations and the Federal Government of the Republic of Austria Regarding the Headquarters Seat and Related Agreements

1. The texts of seven agreements concluded between the Agency and the Republic of Austria, as well as between the Agency, the United Nations and the Republic of Austria, are reproduced in this document for the information of all Members.

2. The agreements deal with the following subjects:

I. Definition of the Agency's Headquarters area at the Vienna International Centre; this Agreement between the Agency and Austria was signed on 20 September 1979. Pursuant to its Article II, it entered into force on 1 October 1979.

II. Definition of the Headquarters area common to the United Nations and the Agency at the Vienna International Centre; this Agreement between the Agency, the United Nations and Austria was signed on 28 September 1979. Pursuant to its Article II, it entered into force on 1 September 1979.

III. Conditions of use of the Headquarters area at the Vienna International Centre; the Agreement between the Agency and Austria was signed on 19 January 1981. Pursuant to its Article XV, it entered into force on 1 October 1981.

IV. Conditions of use of the Headquarters area common to the Agency and the United Nations at the Vienna International Centre; this Agreement between the Agency, the United Nations and Austria was signed on 19 January 1981. Pursuant to its Article IV, it entered into force on 1 October 1981.

V. Establishment and administration of a Common Fund for financing major repairs and replacements at the Vienna International Centre; this Agreement between the Agency, the United Nations and Austria was signed on 19 January 1981. Pursuant to its Article 9, it entered into force on 1 January 1981.

VI. Provisional list of main elements referred to in Article 2, paragraph (2) of the Common Fund Agreement; this Protocol between the Agency, the United Nations and Austria was signed on 19 January 1981 and entered into force on the same date. A letter which the Board of Governors requested the Director General to communicate to the Austrian Minister for Foreign Affairs is attached thereto.

VII. Definition of the "Settlement of Disputes" clause, as contained in Article 6 of the Common Fund Agreement; this exchange of letters between the Agency and Austria is dated 19 January 1981 and entered into force on the same date.

Agreement Between the International Atomic Energy Agency and the Federal Government of the Republic of Austria Regarding the Headquarters of the International Atomic Energy Agency

http://www.iaea.org/Publications/Documents/Infcircs/Others/infcirc15r1a1.shtml[2013-08-13 10:06:36] INFCIRC/15/Rev.1/Add.1 - The Texts of the Agreements Between the International Atomic Energy Agency, the United Nations and the Federal Government of the ...

Bearing in mind the Agreement between the Republic of Austria and the International Atomic Energy Agency (hereinafter called "the Agency") regarding the Headquarters of the Agency of 11 December 1957* (hereinafter called "the Headquarters Agreement");

Considering that the Federal Government of the Republic of Austria (hereinafter called "the Government") has offered to the Agency the use of land, buildings and facilities within the Vienna International Center as a permanent headquarters seat in accordance with the objectives and purposes of the Agency as laid down in its Statute and that the Agency has accepted that offer;

Recognizing that pursuant to Section 3 of the Headquarters Agreement the headquarters seat shall be defined in supplemental agreements to be concluded between the Agency and the Government;

The Agency and the Government have agreed as follows:

Article I

The area as shown in the map attached to this Agreement shall constitute the permanent headquarters seat of the Agency as provided for in Section 3 of the Headquarters Agreement.

Article II

This Agreement shall enter into force on 1 October 1979.

DONE at Vienna, in duplicate, in the English and German languages, both texts being equally authentic, on the twentieth day of September one thousand nine hundred and seventy-nine.

For the INTERNATIONAL ATOMIC ENERGY For the FEDERAL GOVERNMENT OF THE REPUBLIC OF AGENCY: AUSTRIA: (signed) (signed) Sigvard Eklund Ch. Broda

Agreement Between the International Atomic Energy Agency, the United Nations and the Federal Government of the Republic of Austria Regarding the Common Headquarters Area

Bearing in mind the Agreement of 11 December 1957* between the Republic of Austria and the International Atomic Energy Agency (hereinafter called "the Agency") regarding the headquarters of the Agency and the Agreement signed on 3 April 1967 between the Republic of Austria and the United Nations regarding the headquarters of the United Nations Industrial Development Organization (hereinafter called "both Headquarters Agreements");

Considering that the Federal Government of the Republic of Austria(hereinafter called "the Government") has offered to the Agency and the United Nations (hereinafter called "the Organizations") the joint use of land, buildings and facilities within the Vienna International Center as a common headquarters area (hereinafter called "the common area");

Recognizing that pursuant to Section 3 of both Headquarters Agreements the respective headquarters seat shall be defined in supplemental agreements to be concluded between the Organizations and the Government;

The Organizations and the Government have agreed as follows:

Article I

The common area as shown in the map attached to this Agreement shall constitute a part of the permanent headquarters seat of each of the Organizations as provided for in Section 3 of both Headquarters Agreements. Accordingly, the provisions of both Headquarters Agreements shall apply mutatis mutandis to that area.

Article II

This Agreement shall enter into force on 1 September 1979.

DONE at Vienna and New York, in triplicate, in the English and German languages, both texts being equally authentic, on 28 September 1979.

For the INTERNATIONAL ATOMIC ENERGY For the FEDERAL GOVERNMENT OF THE REPUBLIC OF AGENCY: AUSTRIA:

(signed) (signed) Sigvard Eklund Willibald Pahr

For the UNITED NATIONS:

(signed) Kurt Waldheim

III

Agreement Between the International Atomic Energy Agency and the Republic of Austria Regarding the Headquarters Seat of the International Atomic Energy Agency at the Vienna International Centre

BEARING IN MIND the Agreement between the International Atomic Energy Agency and the Republic of Austria Regarding the Headquarters of the International Atomic Energy Agency of 11 December 1957* (hereinafter referred to as "the Headquarters Agreement");

CONSIDERING that the Federal Government of the Republic of Austria (hereinafter referred to as "the Government") has offered to the International Atomic Energy Agency (hereinafter referred to as "the IAEA") and the IAEA has accepted the use of land, buildings and facilities within the area defined (hereinafter referred to as the "Headquarters Area") in the Agreement between the IAEA and the Government regarding the Headquarters of the IAEA of 20 September 1979; (Reproduced in part I.)

The International Atomic Energy Agency and the Republic of Austria (hereinafter referred to as "the Parties") have agreed as follows:

Article I

1. The IAEA shall have the right to use the Headquarters Area for a period of ninety-nine years beginning 1 October 1979 in a manner consistent with its objectives and functions as defined in its Statute, and in accordance with the provisions of the Headquarters Agreement and this Agreement.

2. Without prejudice to the right of the IAEA referred to above, the Government retains the ownership over the Headquarters Area.

Article II

The IAEA shall pay to the Government with respect to the right to use the Headquarters Area a rental of one Austrian Schilling per annum payable yearly in advance during the period of such use commencing on 1 January 1980. http://www.iaea.org/Publications/Documents/Infcircs/Others/infcirc15r1a1.shtml[2013-08-13 10:06:36] INFCIRC/15/Rev.1/Add.1 - The Texts of the Agreements Between the International Atomic Energy Agency, the United Nations and the Federal Government of the ...

Article III

The IAEA may, after appropriate consultation with the Government, make available space in the Headquarters Area to international governmental and non-governmental organizations for purposes connected with the activities of the IAEA.

Article IV

1. If acceptable to both Parties, the IAEA may let space in the Headquarters Area to any physical or juridical person providing services to the IAEA or its staff.

2. The rent charged by the IAEA to such physical or juridical persons will be based on the commercially prevailing rates for such premises, ant shall be transferred in its entirety to the Government.

3. The rent referred to above shall not include maintenance and operating costs, which shall be payable to the IAEA.

Article V

1. Alterations with respect to any of the buildings forming part of the Headquarters Area, which may result in a change of structural nature or architectural appearance, may be carried out by the IAEA at its own expense and without the right to reimbursement only after having obtained the prior consent of the Government.

2. Other alterations to the buildings or facilities forming part of the Headquarters Area may be carried out by the IAEA at its expense and without the right to reimbursement.

Article VI

The IAEA shall, from 1 October 1979, be responsible at its own expense for the orderly operation and adequate maintenance of the buildings and facilities forming part of the Headquarters Area, and of installations located therein and for minor repairs and replacements for the purpose of keeping them in good working order, and for any repairs or replacements which may be made necessary by faulty operation and inadequate maintenance.

The Government shall carry out at its own expense repairs and replacements of buildings, facilities and installations made necessary by force majeure or by faulty material, design or labour used within the responsibility of the Government in their construction.

Article VIII

The arrangements for financing the cost of major repairs and replacements of buildings, facilities and technical installations which are the property of the Government and form part of the Headquarters Area shall be the subject of a separate agreement between the Parties.

Article IX

Without prejudice to Section 12(c) of the Headquarters Agreement, the IAEA shall, upon request, take the necessary measures to enable persons duly authorized by the Government to enter the Headquarters Area in order to inspect the buildings, facilities and installations within the Headquarters Area under conditions which shall not unreasonably disturb the carrying out of the functions of the IAEA.

Article X

1. The IAEA and the competent Austrian authorities shall closely co-operate regarding the interrelation of effective security within and in the immediate vicinity outside the Headquarters Area.

2. The IAEA, in the preparation of its security regulations and procedures, shall consult with the Government with a view to achieving the most effective and efficient exercise of security functions.

Article XI

Whenever the IAEA has concluded an insurance contract to cover its liability for damages arising from the use of the Headquarters Area and suffered by juridical or physical persons who are not officials of the IAEA, any claim concerning the IAEA's liability for such damages may be brought directly against the insurer before Austrian courts, and the insurance contract shall so provide.

Article XII

If the IAEA should vacate the Headquarters Area, it shall surrender the Headquarters Area to the Government in as good condition as reasonable wear and tear will permit, provided, however, that the IAEA shall not be required to restore the Headquarters Area to the shape and state existent prior to any alteration or change that may have been executed by the IAEA or the Government in accordance with this Agreement.

Article XIII

Any dispute between the IAEA and the Government concerning the interpretation or application of this Agreement shall be settled in accordance with Section 51 of the Headquarters Agreement.

Article XIV

This Agreement shall cease to be in effect in the event that the Headquarters Agreement ceases to be in effect.

Article XV

This Agreement shall enter into force on the first day of the third month following the day the Government has notified the IAEA that the necessary constitutional conditions for entry into force have been fulfilled.

DONE at Vienna, in duplicate, in the English and German languages, both texts being equally authentic, on this nineteenth day of January one thousand nine hundred and eighty-one.

For the INTERNATIONAL ATOMIC For the REPUBLIC OF AUSTRIA ENERGY AGENCY:

(signed) (signed) Sigvard Eklund Willibald P. Pahr

Agreement Between the International Atomic Energy Agency, the United Nations and the Republic of Austria Regarding the Headquarters Area Common to the International Atomic Energy Agency and the United Nations at the Vienna International Centre

BEARING IN MIND the Agreement between the United Nations ùnd the Republic of Austria Regarding the Headquarters of the United Nations Industrial Development Organization of 13 April 1967 (hereinafter referred to as "the UNIDO Headquarters Agreement");

CONSIDERING that the Federal Government of the Republic of austria (hereinafter referred to as "the Government") has offered to the International Atomic Energy Agency and the United Nations (hereinafter referred to as "the Organizations")and the Organizations have accepted the joint use of land, buildings and facilities within the area defined (hereinafter referred to as "the common area") in the Agreement between the International Atomic Energy Agency, the United Nations and the Federal Government of the Republic of Austria Regarding the Common Headquarters Area of 28 September 1979; (Reproduced in part II.)

The Organizations and the Republic of Austria have greed ùs follows:

Article I

The Agreement between the International Atomic Energy Agency and the Republic of Austria Regarding the Headquarters Seat of the International Atomic Energy Agency at the Vienna International Centre and the Agreement between the United Nations and the Republic of Austria Regarding the Head-quarters Seat of the United Nations Industrial Development Organization and other United Nations offices at the Vienna International Centre both of which were concluded on 19 January 1981, shall apply mutatis mutandis to the common area. Where applicable reference to the International Atomic Energy Agency or the United Nations in the respective Agreement mentioned in this Article shall be taken for the purposes of this Agreement to refer to the Organizations jointly.

Article II

Any dispute between the Organizations on the one hand and the Government on the other concerning the interpretation or application of this Agreement, which is not settled by negotiation or other agreed mode of settlement, shall be referred for final decision to a tribunal of three arbitrators: one to be chosen jointly by the executive heads of the Organizations, one to be chosen by the Federal Minister for Foreign Affairs of the Republic of Austria and the third, who shall be chairman of the tribunal, to be chosen by the first two arbitrators. Should the first two arbitrators fail to agree upon the third within six months following the appointment of the first two arbitrators, such third arbitrator shall be chosen by the President of the International Court of Justice at the request of either Organization or the Government.

Article III

This Agreement shall cease to be ln force with respect to the International Atomic Energy Agency or the United Nations if the respective Headquarters Agreement ceases to be in force. In that event the remaining parties shall consult to determine whether this Agreement shall continue in force for them, subject to any necessary amendments.

Article IV

This Agreement shall enter into force on the first day of the third month following the day the Government has notified the Organizations that the necessary constitutional conditions for entry into force have been fulfilled.

DONE at Vienna, in triplicate, in the English and German languages, both texts being equally authentic, on this nineteenth day of January one thousand nine hundred and eighty-one.

For the INTERNATIONAL ATOMIC ENERGY AGENCY: For the UNITED NATIONS:

(signed) (signed) Sigvard Eklund Helmut Debatin Under-Secretary-General for Administration, Finance and Management For the REPUBLIC OF AUSTRIA:

(signed) Willibald P. Pahr

Agreement Between the International Atomic Energy Agency, the United Nations and the Republic of Austria Regarding the Establishment and Administration of a Common Fund for Financing Major Repairs and Replacements at their Headquarters Seats at the Vienna International Centre

BEARING IN MIND that the International Atomic Energy Agency (hereinafter referred to as "the IAEA") and the United Nations (hereinafter referred to as "the UN") and the Federal Government of the Republic of Austria (hereinafter referred to as "the Government") are desirous of establishing a common fund for the purpose of meeting the expenses for major repairs and replacements at the headquarters seats of the organizations at the Vienna International Centre;

The International Atomic Energy Agency, the United Nations and the Republic of Austria (hereinafter referred to as "the Parties") have agreed as follows:

Article 1

The Parties hereby establish a common fund, for the purpose of meeting the cost of major repairs and replacements of buildings, facilities and technical installations, which are the property of the Government and form part of the headquarters areas defined in the Agreements regarding the common headqu