Page 102
3. The claims to which paragraph 5 of Article VIII of the Agreement applies shall include claims (other than contractual claims and claims to which paragraphs 6 or 7 that Article apply) arising out of acts or omissions of any employees of an Allied adquarters, or out of any other act, omission or occurrence for which an Allied Headquarters is legally responsible, and causing damage in the territory of a receiving State to third parties, other than any of the Parties to this Protocol.
Article 7
1. The exemption from taxation accorded under Article X of the Agreement to members of a force or civilian component in respect of their salaries and emolu- ments shall apply, as regards personnel of an Allied Headquarters within the definitions in paragraph 1(a) and (b) (i) of Article 3 of this Protocol, to salaries and emoluments paid to them as such personnel by the armed service to which they belong or by which they are employed, except that this paragraph shall not exempt any such member or employee from taxation imposed by a State of which he is a national.
2. Employees of an Allied Headquarters of categories agreed by the North Atlantic Council, shall be exempted from taxation on the salaries and emoluments paid to them by the Allied Headquarters in their capacity as such employees. Any Party to the present Protocol may, however, conclude an arrangement with the Allied Headquarters whereby such Party will employ and assign to the Allied Headquarters all of its nationals (except, if such Party so desires, any not ordinarily resident within its territory) who are to serve on the staff of the Allied Headquarters and pay the salaries and emoluments of such persons from its own funds, at a scale fixed by it. The salaries and emoluments so paid may be taxed by the Party concerned but shall be exempted from taxation by any other Party. If such an arrangement is entered into by any Party to the present Protocol and is subsequently modified or terminated, Parties to the present Protocol shall no longer be bound under the first sentence of this paragraph to exempt from taxation the salaries and emoluments paid to their nationals.
ARTICLE 8
1. For the purpose of facilitating the establishment, construction, maintenance and operation of Allied Headquarters, these Headquarters shall be relieved, so far as practicable, from duties and taxes, affecting expenditures by them in the interest of common defense, and each Party to the present Protocol shall enter into negotiations with any Allied Headquarter's operating in its territory for the purpose of conclud- ing an agreement to give effect to this provision.
2. An Allied Headquarters shall have the rights granted to a force under Article XI of the Agreement subject to the same conditions.
3. The provisions in paragraphs 5 and 6 of Article XI of the Agreement shall not apply to nationals of the receiving States, unless such nationals belong to the armed services of a Party to this Protocol other than the receiving State.
4. The expression " duties and taxes " in this Article does not include charges for services rendered.
ARTICLE 9
Except in so far as the North Atlantic Council may decide otherwise, (a) any assets acquired from the international funds of an Allied Headquarters under its capital budget and no longer required by the Headquarters shall be disposed of under arrangements approved by the North Atlantic Council and the proceeds shall be distributed among or credited to the Parties to the North Atlantic Treaty in the proportions in which they have contributed to the capital costs of the Headquarters. The receiv- ing State shall have the prior right to acquire any immovable property so disposed of in its territory, provided that. it offers terms no less favourable than those offered by any third party.
(b) any land, buildings or fixed installations provided for the use of an Allied
Headquarters by the receiving State without charge to the Headquarters. Page 102ter2than a nominal charge) and no longer required by the Head53
quarters shall be handed back to the receiving State, and any increase
.....
No comments yet.
Private notes are available after approval.