The Contracting Parties,

Considering that on February 12, 1967, the Member States of the Preparatory Commission for the Denuclearization of Latin America unanimously approved the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (Treaty of Tlatelolco);

Considering that in Article 22 of the Treaty of Tlatelolco it was established that the Agency for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (OPANAL), hereinafter called “the Agency”, will enjoy in the territory of each of the Contracting Parties, of the legal capacity and of the prerogatives and immunities necessary for the exercise of their functions and the realization of their purposes, agree as follows:

Legal personality

Article 1

The Agency will have legal personality and, in particular, the capacity to enter into all types of acts and contracts permitted by the laws of the respective State and may intervene in any judicial or administrative action in defense of its interests.

Goods

Article 2

1. The Agency and its property anywhere and in the possession of any person will enjoy immunity from all judicial proceedings except in cases where such immunity is expressly waived. It is understood, however, that this waiver will not apply to any enforceable judicial measure.

2. The Agency's Premises will be inviolable. The assets of the Agency, wherever located and in the possession of whomever, shall enjoy immunity from search, requisition, confiscation and expropriation and against all other forms of interference, whether of an executive, administrative, judicial or legislative nature.

3. The archives of the Agency and, in general, all documents that belong to it or are in its possession, will be inviolable wherever they are located.

4. Without being affected by tax ordinances, regulations or moratoriums of any nature:

a) the Agency may have current funds or currencies of any kind and maintain its accounts in any currency;

b) The Agency will be free to transfer its current funds or currencies from one country to another or within any country, and to convert the currency in custody to any other currency.

5. In the exercise of its rights under the preceding paragraph, the Agency shall give due consideration to any representations of the Governments of any Member to the extent that it is considered that such representations can be taken into account without detriment to the interests of the Agency.

6. The Agency and its assets will be exempt:

a) from any direct contribution; It is understood, however, that the Agency may not claim any exemption for contributions that, in fact, constitute remuneration for public services;

b) customs duties, prohibitions and restrictions regarding items imported or exported for official use. It is understood, however, that articles imported duty-free will not be sold in the country where they are imported but under the conditions agreed upon with the authorities of that country;

c) customs duties, prohibitions and restrictions regarding the import and export of its publications.

Communications Facilities

Article 3

1. The Agency shall enjoy, in the territory of each of its Members, for official communications, communication facilities no less favorable than those granted by the Government of that Member to any other Government, including diplomatic missions, with respect to to priorities, contributions and taxes on correspondence, cables, telegrams, radiograms, telephotos, telephones, and other communications, as well as press rates for information material intended for the press and radio. No censorship will be applied to the correspondence or other official communications of the Agency.

2. The Agency will have the right to use codes and to dispatch and receive correspondence, whether by courier or pouch, which will enjoy the same immunities and privileges as those granted to diplomatic couriers and pouches.

Member Representatives

Article 4

1. The representatives of the Members in the main and subsidiary bodies, and the representatives at the conferences convened by the Agency, while they are carrying out their functions or are in transit to the place of meeting and on their return, will be reminded of the following privileges and immunities:

a) immunities from detention or personal arrest and seizure of their personal baggage and immunity from all judicial proceedings with respect to all their acts and expressions, whether oral or written, while they are performing their functions in that capacity;

b) inviolability of all paper or document;

c) the right to use codes and receive documents and correspondence by courier or sealed bag;

d) exemption with respect to representatives and their spouses from all restrictions on immigration and registration of foreigners, from all national services in the country they visit or through which they pass in the performance of their duties;

e) the same exemptions granted to representatives of foreign Governments on temporary official mission, with regard to restrictions on foreign currencies;

f) the same immunities and exemptions with respect to their personal baggage accorded to diplomatic agents, and also;

g) those other prerogatives, immunities and facilities compatible with the above, which diplomatic agents enjoy, with the exception that they may not claim exemption from customs duties on imported merchandise that is not part of their personal luggage or from customs taxes. sale and consumer rights.

2. In order to guarantee to the representatives of Members in the main and subsidiary organs of the Agency, and in conferences convened by the Agency, freedom of speech and complete independence in the performance of their functions, immunity from judicial process , with respect to expressions whether oral or written and all acts performed in the performance of their functions will continue to be agreed even though the affected persons are no longer representatives of the Members.

3. When the application of any form of tax depends on residence, the periods in which the representatives of Members of the main and subsidiary bodies of the Agency, and of conferences convened by the Agency, remain in a country performing their functions shall not be considered for these purposes as residence periods.

4. Privileges and immunities shall be granted to representatives of Members not for their own benefit but to safeguard their independence in the exercise of their functions in relation to the Agency. Accordingly, a Member has not only the right but the obligation to waive the immunity of its representative in any case where in its own opinion the immunity would obstruct the course of justice, and when it can be waived without prejudice to the purposes for which which immunity was granted.

5. The provisions of paragraphs 2, 3 and 4 may not be invoked against the authorities of the State of which the person in question is a national or is or has been a representative.

6. The expression “representatives” used in this article includes all representatives as well as alternate representatives, advisors and experts.

Officials

Article 5

1. The Secretary General of the Agency will determine the categories of officials to whom the provisions of this article apply. He will submit the list of these categories to the General Conference and they will then be communicated periodically to the Governments of all Members.

2. Officials of the Agency:

a) they will be immune from all legal proceedings regarding written or spoken words and all acts performed, in their official capacity;

b) they and their spouses and minor children will be immune from all immigration restrictions and registration of foreigners;

c) they, and their spouses and minor children, will be given the same repatriation facilities in times of international crisis that diplomatic agents enjoy;

d) they may import, duty-free, their furniture and effects upon entering the country to occupy their position.

3. Officials of the Agency, except in the country of their nationality:

a) will be exempt from taxes on salaries and emoluments paid by the Agency;

b) they will be exempt from all national services;

c) they will enjoy, with regard to the international movement of funds, franchises equal to those enjoyed by officials of equivalent category belonging to diplomatic missions to the respective Government.

4. In addition to the prerogatives and immunities specified in the two previous paragraphs, the Secretary General of the Organization and his spouse and minor children will be granted the prerogatives and immunities, exemptions and facilities granted to diplomatic agents in accordance with the Law. International.

5. Privileges and immunities are granted to officials in the interest of the Agency and not for the benefit of the individuals themselves. The Secretary General of the Agency shall have the right and duty to waive the immunity of any official, in any case in which, in his or her own judgment, the immunity impedes the course of justice and can be waived without prejudice to the interests of the Organism.

6. The Agency shall always cooperate with the competent authorities of the Members to facilitate the proper administration of justice, ensure compliance with police ordinances and prevent abuses in relation to the privileges, immunities and facilities mentioned in this article.

Inspectors and Experts in Agency Missions

Article 6

1. Inspectors and experts of the Agency (other than the officials included in Article 5) in the performance of Agency missions will be granted the prerogatives and immunities that are necessary for the independent exercise of their functions and, during the period of their missions, including the time necessary to carry out the trips related to them. In particular, they will enjoy:

a) immunity from arrest and detention and from seizure of personal baggage;

b) immunity from all legal action regarding spoken or written words and their actions in the fulfillment of their mission. This immunity from all legal action will continue even if the persons concerned have ceased to work on missions for the Agency;

c) inviolability of all paper and documents;

d) for the purposes of communicating with the Agency, the right to use codes and to receive papers or correspondence by post or in sealed bags;

e) with regard to currency or exchange regulations, except in the country of their nationality, the same facilities that are granted to representatives of foreign Governments on temporary official missions;

f) the same immunities and facilities with respect to their personal baggage as those granted to diplomatic agents;

g) immunity, both themselves and their spouses and minor children, from all restrictions on migration and registration of foreigners.

2. Privileges and immunities are granted to inspectors and experts for the benefit of the Agency and not for the benefit of the individuals themselves. The Secretary General of the Agency will have the right and the duty to waive the immunity of any inspector or expert, in any case in which, in his opinion, the immunity impedes the course of justice and can be waived without prejudice to the interests of the Organism.

Dispute settlement

Article 7

1. The Agency will take appropriate measures to resolve:

a) controversies arising from contracts or other private law controversies to which the Agency is a party;

b) disputes involving an official of the Agency; that by reason of his official position he enjoys immunity, if the Secretary General of the Agency has not waived the immunity of the official.

2. Disputes arising from the interpretation or application of this Convention may be referred to the International Court of Justice, unless in a specific case, the Parties agree to resort to another means of solution. If a difference of opinion arises between the Agency and a Member, an advisory opinion may be requested on any related legal matter, in accordance with Article 96 of the Charter of the United Nations and Article 65 of the Statute of the International Court. of Justice. The opinion issued by the Court will be accepted by the Parties as decisive.

Final Provisions

Article 8

1. This Convention, once it has been approved by the General Conference of the Agency, will be open for signature by all Member States.

2. It will enter into force for the Member States of the Agency that subscribe to it on the date on which they deliver the respective instrument of ratification to the Secretary General of the Agency.

3. The Secretary General of the Agency will inform all Members of the deposit of each instrument of ratification.

Done in Mexico City, on the twenty-third day of December of the year one thousand nine hundred and sixty-nine.