MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNCIL OF EUROPE AND THE GOVERNMENT OF UKRAINE CONCERNING SETTING UP IN UKRAINE THE INFORMATION OFFICE OF THE COUNCIL OF EUROPE AND ITS LEGAL STATUS

The Council of Europe and the Government of Ukraine (hereafter the Parties),
Being determined to develop further co-operation between the Council of Europe and Ukraine;
Having regard to Resolution (99) 9 of 28 July 1999 of the Committee of Ministers of the Council of Europe;
Bearing in mind the guidelines for the establishment and operation of Information and Documentation Centres on the Council of Europe adopted at the 452^nd meeting of the Ministers`' Deputies in February 1991;
Having regard to the recommendation made by the Committee of Wise Persons in its report to the Committee of Ministers of the Council of Europe, pointing out, that the role of the Information and Documentation Centres should be reinforced in order to enhance the visibility of the Council of Europe;
Having regard to the provisions of the General Agreement on Privileges and Immunities of the Council of Europe,
Have agreed as follows:

Article 1

1. To set up the Information Office of the Council of Europe in Ukraine (hereafter - the Office).

2. The Office shall be set up in place of the Information and Documentation Centre of the Council of Europe in Ukraine opened on 15 September 1995 in Kyiv on the basis of the Library of the Ukrainian Legal Foundation which ceases to exist.

The Office is the successor of the Information and Documentation Centre of the Council of Europe in Ukraine with reservation in respect of all its assets and other rights as well as obligations.

3. The Office shall be financed from the budget of the Council of Europe.

4. The Ukrainian party shall provide premises to the Office, which are necessary for exercise of its functions under the conditions of rent free of charge excepting the service and maintenance and communication charges.

Article 2

Objectives of activities of the Office is disseminating in Ukraine the information on the Council of Europe, its activities and standards by:

- Helping individuals and public organisations to contact the Council of Europe and to get information on its activities;

- Participating in and supporting the implementation of co­operation programmes and other relevant Council of Europe projects in Ukraine;

- Translating into Ukrainian, publishing and disseminating texts of international legal treaties and other pertinent documents of the Council of Europe which are of particular interest;

- Helping to implement in Ukraine the information strategy of the Council of Europe, in particular for professional circles concerned with the work and activities of the Council of Europe and the media;

- Providing logistical support and information coverage for the Council of Europe visits and meetings taking place in Ukraine;

- Participating on behalf of the Secretariat of the Council of Europe in events taking place in Ukraine and which are of the Council of Europe's interest.

Article 3

The Office shall possess judicial personality and, in particular, shall have the capacity to conclude contracts, to acquire movable property, to dispose of and release from it; to open accounts with a bank in national and foreign currency and to possess them.

Article 4

1. The Office shall be headed by the Director to be appointed by the Secretary General of the Council of Europe.

2. The staff of the Office will include the Council of Europe officials and possibly other staff recruited locally. The officials of the Office are the Council of Europe temporary staff posted to the Office.

Article 5

The premises of the Office shall be inviolable. The property, assets, archives and documents of the Office, irrespectively of their location, shall be immune from search, requisition, confiscation, and expropriation, whether by any other form of judicial or administrative Interference.

Article 6

The Office, its assets, income and other property are exempted from all direct taxes.

Article 7

The objects necessary for official use, temporarily imported to Ukraine or those, which have been imported to before and are exported from Ukraine, shall be exempted from all custom duties, customs, excises and value added tax as well as from restrictions concerning import and export provided the mentioned objects are not be sold (transferred) in the territory of Ukraine.

Article 8

1. The Secretary General of the Council of Europe shall communicate to the Government of Ukraine the list of officials to whom the privileges and immunities provided for in Article 18 of the General Agreement on Privileges and Immunities of the Council of Europe apply.

2. The staff of the Office shall not violate the legislation of Ukraine and shall refrain from acts incompatible with performance of their official functions.

3. Provided the issue of waiver of immunity of the officials of the Office arises, the provisions of Article 19 of the General Agreement on Privileges and Immunities of the Council of Europe shall apply.

Article 9

The Office and its officials shall be entitled to use the Council of Europe's emblem.

Article 10

By mutual consent of the Parties the branches of the Office, to which application of the provisions of this Memorandum will spread, may be created in other cities of Ukraine.

Article 11

Disputes regarding interpretation and application of the provisions of this Memorandum shall be settled between the Parties through consultations.

Each Party may propose to amend this Memorandum. It shall notify of such amendments through diplomatic channels. In case of consent of the other Party, the amendments shall be drawn up in the form of separate protocol, which will be an integral part of this Memorandum and will enter into force in the order provided for by the provisions of such Protocol.

Article 12

This Memorandum shall temporarily apply from the date of its signing in the part, which does not contradict to the legislation, of Ukraine, and enter into force after notification on fulfillment by Ukraine of internal procedures necessary for its entry into force.

The Memorandum shall remain effective during the time of operation of the Office in Ukraine but no less three years from the date of its entry into force.

Done in Strasbourg on " 9" November 2000 in two copies in English and Ukrainian both texts being equally authentic.

For the Council of Europe                For the Government of Ukraine

Walter Schwimmer                                   O. Chalyi