– Having regard to the provisions of the Agreement on Establishing the Center of Excellence in Finance (CEF) (hereinafter: Agreement Establishing the CEF) concluded in Bled on 3 September 2013,
– Desiring to further define the terms and conditions for the smooth operation of the Center of Excellence in Finance (CEF), with headquarters in Ljubljana, Republic of Slovenia, and the effective performance of its activities in the Republic of Slovenia,
have agreed as follows:
Article 1
Definitions
For the purposes of this Agreement, the terms used herein shall have the following meaning:
"CEF" means the Center of Excellence in Finance.
"Members of the Governing Board" means the Ministers of Finance and Governors of Central Banks or heads of other relevant institutions or their nominated representatives.
"Official activities" means the provision of training, professional and technical assistance, and facilitation of networks for the purpose of implementing reforms in public financial management and central banking.
"Director" means the Director of the CEF.
"Staff" means any employee of the CEF.
"Expert" means any person contracted by the CEF for a short term (up to twelve months) to deliver requested services.
"Representatives of the CEF Members" means members of delegations participating in meetings convened by the CEF.
"Meeting convened by the CEF" means any meeting of any CEF organ or a subsidiary body or any conference convened by the CEF.
"Property" means all income of the CEF and all property, including funds, assets and other properties that belong to the CEF, either owned or held/administered by the CEF, in accordance with the official duties performed by the CEF.
“Premises” means the buildings or parts of buildings, including the land ancillary thereto, used only for the purposes of the CEF, irrespective of ownership.
"Archives" means all records, correspondence, documents, manuscripts, computer and media data, photographs, films, video, sound recordings and any other data belonging to or held by the CEF.
"Family members" means spouses and common-law partners of the Staff, unmarried dependent children of the Staff up to 18 years of age, or up to 26 years of age if enrolled as full-time students at post-secondary educational institutions, and unmarried dependent children of the Staff who are physically or mentally disabled.
"Host country" means the country where the headquarters of CEF is located.
"Host country authorities" means state authorities, local government authorities and other authorities of the Republic of Slovenia.
Any reference to a person of the male sex shall be deemed also to constitute a reference to a person of the female sex, and viceversa.
Article 2
Status and Legal Capacity
The CEF possesses international legal personality in accordance with the Agreement Establishing the CEF and shall possess such legal capacity as is necessary for the exercise of its functions, including the capacity to contract, to acquire and to dispose movable and immovable property, enter into and respond to legal proceedings and take such other actions as may be necessary or useful for its purposes and activities.
Article 3
Headquarters
1. The headquarters of the CEF shall be located at Cankarjeva 18 in Ljubljana, Slovenia, in a building on plot No. 2776, building No. 36, cadastral community 1725 – Ajdovščina, which is fully owned by the Republic of Slovenia, and shall comprise the following:
a) The entire elevated ground floor of the building, with the exception of three rooms (a classroom and two test rooms), including the common areas and facilities that are clearly marked on the floor plan attached hereto as Annex 1;
b) The entire fourth floor with common areas and facilities marked on the floor plan attached hereto as Annex 2.
2. The Government of the Republic of Slovenia shall make available to the CEF free of charge the premises referred to in the preceding paragraph, which shall be considered as Slovenia’s annual contribution to the CEF and to the Official Development Assistance (ODA), and shall be valued according to the rental value indicated in the CEF’s Annual Report.
3. The CEF shall freely use the headquarter premises in line with the purpose and the activities set out in the Agreement Establishing the CEF. The CEF may not sublet the premises referred to in the first paragraph of this Article.
4. The CEF shall cover operating and regular maintenance costs. Major maintenance costs shall be borne by the Republic of Slovenia unless otherwise agreed by the Contracting Parties. The CEF shall use the premises referred to in the first paragraph of this Article with due care and diligence.
5. The Government of the Republic of Slovenia may also make available to the CEF other premises owned by the Republic of Slovenia.
Article 4
Inviolability of Premises
1. The premises of the CEF shall be inviolable.
2. The Host Country authorities shall have no access to the premises without the permission of the CEF Director or any person authorised by him. In the event of a fire or other emergency warranting immediate measures of protection, the CEF shall be deemed to have consented to such measures.
3. The CEF must not allow its premises to become a refuge from justice for persons who are avoiding apprehension under any Slovenian law, extradition by national authorities to a foreign state or the service of process.
4. Official documents issued by Slovenian authorities may be served on the premises of the CEF.
Article 5
Security
The CEF shall be responsible for the maintenance of order and security on its premises. The CEF shall also have the responsibility to comply with the applicable Slovenian legislation in accordance with the Agreement Establishing the CEF.
Article 6
Assistance and Cooperation in Security Matters
1. The competent Slovenian authorities shall exercise due diligence in ensuring that the tranquillity of the premises of the CEF is not disturbed by any person or group attempting unauthorised entry into or creating disturbances in their immediate vicinity.
2. The competent Slovenian authorities and the CEF shall closely cooperate to effectively provide security both on the premises of the CEF and in their immediate vicinity.
3. Persons empowered to maintain law and order according to the Slovenian legislation may enter the premises only at the request or upon explicit authorisation of the CEF Director or a person authorised by him; in such cases, the Staff shall provide them with all necessary assistance.
4. The competent Slovenian authorities and the CEF shall notify each other of all matters relating to the security of the premises of the CEF. They shall, in particular, notify each other of the name and status of any authority responsible for security.
Article 7
Public Services
Essential public services shall be made available to the CEF under the same terms and conditions as those provided to diplomatic missions in the Republic of Slovenia.
Article 8
Official Correspondence
1. As regards official correspondence, the CEF shall enjoy treatment no less favourable than that accorded by the Host Country to diplomatic missions in the Republic of Slovenia.
2. The official correspondence of the CEF, by whatever means or in whatever form it is transmitted, shall be inviolable.
3. The CEF shall have the right to send and receive official correspondence and other materials by courier or in sealed bags, which shall be granted the same status in terms of privileges and immunities as that granted to diplomatic couriers and diplomatic bags.
Article 9
Flag, Emblem and Markings
The CEF may display its flag, logo and other designations, adopted by the Governing Board of the CEF, on its premises and on the motor vehicles used for official purposes.
Article 10
Exemption from Taxes and Duties
1. In addition to the exemption referred to in the Agreement Establishing the CEF, the CEF shall be exempt from:
a) Any direct tax in respect of the premises and official activities of the CEF;
b) Any customs duty on motor vehicles used for official purposes and on spare parts that are imported in the Republic of Slovenia.
2. The CEF may not alienate, make available to other persons or use for any other purposes the goods imported in accordance with item b of the preceding paragraph before the expiry of one year from the date of import.
3. The exemption shall not apply to charges, taxes or duties which constitute payment for public services.
Article 11
Privileges and Immunities of Members of the Governing Board and Representatives of the CEF Members
The privileges and immunities of the Members of the Governing Board and representatives of the CEF Members are specified in the Agreement Establishing the CEF.
Article 12
Privileges and Immunities of the Director and the Staff
1. In addition to the privileges and immunities specified in the Agreement Establishing the CEF, the Director and the Staff shall also enjoy the privileges under this Agreement.
2. The Director and the Staff holding an established post at the CEF for at least one year and who are not Slovenian nationals or have not held permanent residency status prior to their employment with the CEF shall be entitled to VAT exemption for purchasing or importing personal effects and household goods in the value of at least EUR 116 incl. VAT within six months from the date of their first arrival in the Republic of Slovenia and from the moment of taking up their post at the CEF.
3. Items subject to exemption under the preceding paragraph may not be alienated, made available to other persons or used for any other purposes before the expiry of one year without paying duty.
Article 13
Purpose of the Privileges and Immunities
1. The privileges and immunities specified in the Agreement Establishing the CEF and in this Agreement shall be accorded not for the personal benefit of individuals themselves, but in order to ensure the smooth performance of tasks in connection with the CEF.
2. Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities in accordance with this Agreement to respect the laws and regulations of the Host Country and not interfere in the internal affairs of the Republic of Slovenia.
3. The CEF shall cooperate at all times with the competent Slovenian authorities in order to ensure the compliance with the Slovenian law and prevent any abuse of the privileges and immunities granted under the provisions of this Agreement.
Article 14
Duration of Privileges and Immunities
1. Persons entitled to privileges and immunities shall enjoy such privileges and immunities in the Host Country territory from the moment they assume their post at the CEF or, if this had not been notified in advance, from the moment when the take up of their post was notified to the competent authorities of the Host Country.
2. When the functions of these persons come to an end, privileges and immunities they enjoy in the territory of the Host Country shall normally cease at the moment when they leave the Host Country, or on expiry of a reasonable period in which to do so. However, with respect to the acts done by those persons in the exercise of their functions, immunity shall continue to subsist.
Article 15
Social Security
1. In terms of social security, the CEF shall be accorded the same treatment as that granted to diplomatic missions in the Republic of Slovenia. Each member of the Staff shall be included in the social security system.
2. The Staff who are nationals of or have permanent residence in the Republic of Slovenia and have not been posted to work in the Republic of Slovenia by another EU Member State or a state with which it has concluded a social insurance agreement must be covered by the Slovenian social security scheme. In respect of these members of the Staff, the CEF shall be bound by the obligations imposed on employers by the social security regulations in the Republic of Slovenia.
3. Staff not covered by the first sentence of the preceding paragraph shall be entitled to join the social security scheme of the Republic of Slovenia. In such cases, the CEF shall not be liable for the payment of social security contributions. Without joining the social security scheme, members of the Staff shall not be able to exercise their rights to social security benefits in the Republic of Slovenia. If, due to emergency or other unforeseeable circumstances, the Staff or their family members who are not covered by the social security scheme of the Republic of Slovenia use emergency health care services in the Republic of Slovenia, the costs of these services will be borne entirely by the CEF.
4. On the taking up of duties by the Staff posted to work in the Republic of Slovenia by another EU Member State or a state with which Slovenia has concluded a social insurance agreement, the CEF must provide evidence that the Staff are covered by the social security scheme of that country for the entire duration of their posting to the Republic of Slovenia. The form and the issuer of the certificate shall be provided for by EU regulations or social insurance agreements concluded between the Republic of Slovenia and third countries.
Article 16
Notification of Appointments and Departures and Cards
1. When the Director or Staff take up or relinquish their duties, the CEF shall duly notify the Ministry of Foreign Affairs of the Republic of Slovenia within three days after their arrival or departure.
2. At the request filed by the CEF, the Ministry of Foreign Affairs of the Republic of Slovenia shall issue, in accordance with the Slovenian legislation, diplomatic identity cards to the Director and his family members who are not Slovenian nationals or do not hold permanent residency status in the Republic of Slovenia, and official identity cards to the Staff and their family members who are not Slovenian nationals or do not hold permanent residency status in the Republic of Slovenia.
3. These identity cards shall constitute public documents proving the identity and special status of the holder and shall simultaneously serve as temporary residence permits for foreign nationals in the Republic of Slovenia. The cards shall be used for the purposes for which they have been issued.
Article 17
Settlement of Disputes
1. Any dispute arising between the Slovenian authorities and the CEF relating to the interpretation or application of this Agreement or any additional agreement or any issue arising in connection with the premises of the CEF or the relationship between the CEF and the Slovenian authorities shall be settled by consultation and negotiation.
2. Any dispute between the Republic of Slovenia and the CEF arising from the interpretation or implementation of this Agreement or any additional agreement or any issue concerning the premises of the CEF that is not settled by negotiation or other agreed modes of settlement shall be submitted to an arbitral tribunal composed of three arbitrators, whose decision shall be final and binding. One arbitrator shall be appointed by the Director of the CEF and the other by the Government of the Republic of Slovenia. The two arbitrators shall then appoint the third arbitrator.
3. The disputes under the preceding paragraph regarding in rem issues, in particular regarding Article 3 of this Agreement, shall be settled before the courts of the Republic of Slovenia in accordance with the law of the Republic of Slovenia.
Article 18
Final Provisions
1. This Agreement may be amended or modified by mutual consent of the Contracting Parties in writing. All amendments shall take effect in accordance with the second paragraph of this Article.
2. This Agreement shall enter into force on the date of the receipt of the notification by which the Government of the Republic of Slovenia notifies the CEF of the completion of the procedure required for its entry into force.
3. This Agreement shall be concluded for an indefinite period of time and may be terminated by either Contracting Party by giving written notice to the other. Such notice shall take effect six (6) months after the date of its receipt.
Done at Ljubljana on 18 December 2014 in two originals in the Slovenian and English languages, both texts being equally authentic.
For the Government
of the Republic of Slovenia
Dušan Mramor (s)
For the Center
Of Excellence in Finance (CEF)
Mira Dobovišek (s)