First Report of the Secretary-General on Arrangements Concerning the Status of the United Nations Emergency Force in Egypt (A/3526)

by United Nations

1. The General Assembly by resolution 1000 (ES-1) of 5 November 1956 established the United Nations Emergency Force. By resolution 1001 (ES-I) of 7 November 1956, the Assembly approved the guiding principles for the organization and functioning of the Force as set forth in the second and final report of the Secretary-General on the plan for an emergency international United Nations Force and, inter alia, authorized the Secretary-General to take all administrative and executive actions which might be essential to the effective functioning of the Force.

2. In accordance with this authority, the Secretary-General, in consultation with the Advisory Committee established under General Assembly resolution 1001 (ES-I), has negotiated and concluded arrangements with the Government of Egypt concerning the status of the United Nations Emergency Force in Egypt.

3. On 8 February 1957, an exchange of letters constituting an agreement was signed by the Secretary-General on behalf of the United Nations and by the Minister for Foreign Affairs of Egypt on behalf of Egypt. This agreement is submitted to the General Assembly for its approval as an annex to the present report.

Definitions

1. The "United Nations Emergency Force" (hereinafter referred to as "the Force") consists of the United Nations Command established by General Assembly resolution 1000 (ES-I) of 5 November 1956 and all military personnel placed under the United Nations Command by a State Member of the United Nations. For the purpose of these arrangements the term "member of the Force" refers to any person, other than a person resident in Egypt, belonging to the military service of a State serving under the Commander of the United Nations Emergency Force either on the United Nations Command (Headquarters Staff) or with a national contingent; to any civilian placed under the Commander by the State to which such civilian belongs.

2. The "Commander" includes the Commander of the United Nations Emergency Force and other authorities of the Force designated by him. "Egyptian authorities" include all national and local, civil and military authorities called upon to perform functions relating to the Force under the provisions of these arrangements, without prejudice to the ultimate responsibility of the Government of Egypt.

3. "Egyptian citizen" includes a person of Egyptian citizenship and a person resident or present in the territory of Egypt other than one associated with the Force.

4. "Participating State" means a Member of the United Nations that contributes military personnel to the Force.

5. "Area of operations" includes areas where the Force is deployed in the performance of its functions as defined in paragraph 12 of the Second and Final Report of the Secretary-General to the General Assembly (A/3302), concurred in by the General Assembly in paragraph 2 of resolution 1001 (ES-I); military installations or other premises referred to in paragraph 19 of these arrangements; lines of communication and supply utilized by the Force pursuant to paragraphs 32 and 33 of these arrangements.

Respect for Local Law and Conduct Befitting International Status

6. Members of the Force and United Nations officials serving with the Force shall respect the laws and regulations of Egypt and shall refrain from any activity of a political character in Egypt and from any action incompatible with the international nature of their duties or inconsistent with the spirit of the present arrangements. The Commander shall take all appropriate measures to observance of these obligations.

Entry and Exit: Identification

7. Members of the Force shall be exempt from passport and visa regulations and immigration inspection and restrictions on entering or departing from Egyptian territory. They shall also be exempt from any regulations governing the residence of aliens in Egypt, including registration, but shall not be considered as acquiring any right to permanent residence or domicile in the territory of Egypt. For the purpose of such entry or departure members of the Force will be required to have only (a) an individual or collective movement order issued by the Commander or an appropriate authority of the Participating State; and (b) a personal identity card issued by the Commander under the authority of the Secretary-General, except in the case of first entry when the personal military identity card issued by the appropriate authorities of the Participating State will be accepted in lieu of the said Force identity card.

8. Members of the Force may be required to present, but not to surrender, their identity cards upon demand of an appropriate Egyptian authority. Except as provided in paragraph 7 of these arrangements the identity card will be the only document required for a Member of the Force. If, however, it does not show the full name, date of birth, rank and number (if any), service and photograph of a member of the Force, such member may be required to present likewise the personal military identity card or similar document issued by the appropriate authorities of the Participating State to which he belongs.

9. If a member of the Force leaves the service of the Participating State to which he belongs and is not repatriated, the Commander shall immediately inform the Egyptian authorities, giving such particulars as may be required. The Commander shall similarly inform the Egyptian authorities of any member of the Force who has absented himself for more than twenty-one days. If an expulsion order against an ex-member of the Force has been made, the Commander shall be responsible for ensuring that the person concerned shall be received within the territory of the Participating State concerned.

Jurisdiction

10. The following arrangements respecting criminal and civil jurisdiction are made having regard to the special functions of the Force and to the interests of the United Nations, and not for the personal benefit of the members of the Force.

Criminal Jurisdiction

11. Members of the Force shall be subject to the exclusive jurisdiction of their respective national States in respect of any criminal offences which may be committed by them in Egypt.

Civil Jurisdiction

12. (a) Members of the Force shall not be subject to the civil jurisdiction of Egyptian courts or to other legal process in any matter relating to their official duties. In a case arising from a matter relating to the official duties of a member of the Force and which involves a member of the Force and an Egyptian citizen, and in other disputes as agreed, the procedure provided in paragraph 38 (b) shall apply to their settlement.

(b) In those cases where civil jurisdiction is exercised by Egyptian courts with respect to members of the Force, the Egyptian courts and authorities shall grant members of the Force sufficient opportunity to safeguard their rights. If the Commander certifies that a member of the Force is unable because of official duties or authorized absence to protect his interests in a civil proceeding in which he is a participant, the Egyptian court or authority shall at his request suspend the proceeding until the elimination of the disability, but for not more than ninety days. Property of a member of the Force which is certified by the Commander to be needed by him for the fulfillment of his official duties shall be free from seizure for the satisfaction of a judgement, decision or order, together with other property not subject thereto under Egyptian law. The personal liberty of a member of the Force shall not be restricted by an Egyptian court or authority in a civil proceeding, whether to enforce a judgement, decision or order, to compel an oath of disclosure, or for any other reason.

(c) In the cases provided for in sub-paragraph (b) above, the claimant may elect to have his claim dealt with in accordance with the procedure set out in paragraph 38 (b) of these arrangements. Where a claim adjudicated or an award made in favour of the claimant by an Egyptian court of the Claims Commission under paragraph 38 (b) of these arrangements has not been satisfied, the Egyptian authorities may, without prejudice to the claimant's rights, seek the good offices of the Secretary-General to obtain satisfaction.

Notification: Certification

13. If any civil proceeding is instituted against a member of the Force before any Egyptian court having jurisdiction, notification shall be given to the Commander. The Commander shall certify to the court whether or not the proceeding is related to the official duties of such member.

Military Police: Arrest, Transfer of Custody and Mutual Assistance

14. The Commander shall take all appropriate measures to ensure maintenance of discipline and good order among members of the Force. To this end military police designated by the Commander shall police the premises referred to in paragraph 19 of these arrangements and such areas where the Force is deployed in the performance of its functions. Elsewhere such military police shall be employed only subject to arrangements with the Egyptian authorities and in liaison with them and in so far as such employment is necessary to maintain discipline and order among members of the Force. For the purpose of this paragraph the military police of the Force shall have the power of arrest over members of the Force.

15. Military police of the Force may take into custody any person on the premises referred to in paragraph 19 who is subject to Egyptian criminal jurisdiction, without subjecting him to the ordinary routine of arrest, in order immediately to deliver him to the nearest appropriate Egyptian authorities: (a) when so requested by the Egyptian authorities; or (b) for the purpose of dealing with any offense or disturbance on the premises.

16. The Egyptian authorities may take into custody a member of the Force, without subjecting him to the ordinary routine of arrest in order immediately to deliver him, together with any weapons or items seized, to the nearest appropriate authorities of the Force: (a) when so requested by the Commander; or (b) in cases in which the military police of the Force are unable to act with the necessary promptness when a member of the Force is apprehended in the commission or attempted commission of a criminal offense that results or might result in serious injury to persons or property, or serious impairment of other legally protected rights.

17. When a person is taken into custody under (b) of paragraphs 15 and 16, the Commander or Egyptian authorities, as the case may be, may make a preliminary interrogation but may not delay the transfer of custody. Following the transfer of custody, the persons concerned shall be made available upon request for further interrogation.

18. The Commander and the Egyptian authorities shall assist each other in the carrying out of all necessary investigations into offenses in respect of which either or both have an interest, in the production of witnesses, and in the collection and production of evidence, including the seizure of and, in proper cases, the handing over of things connected with an offense. The handing over of any such things may be made subject to their return within the time specified by the authority delivering them. Each shall notify the other of the disposition of any case in the outomce of which the other may have an interest or in which there has been a transfer of custody under the provisions of paragraphs 15 and 16 of these arrangements. The Government of Egypt will ensure the prosecution of persons subject to its criminal jurisdiction who are accused of acts in relation to the Force or its members which, if committed in relation to the Egyptian forces or their members, would have rendered them liable to prosecution. The authorities of the Force will take the measures within their power with respect to crimes or offenses committed against Egyptian citizens by members of the Force.

Premises of the Force

19. The Egyptian Government shall provide, in agreement with the Commander, such areas for headquarters, camps, or other premises as may be necessary for the accommodation and the fulfillment of the functions of the Force. Without prejudice to the fact that all such premises remain Egyptian territory, they shall be inviolable and subject to the exclusive control and territory of the Commander, who alone may consent to the entry of officials to perform duties on such premises.

United Nations Flag

20. The Egyptian Government recognizes the right of the Force to display within Egyptian territory the United Nations Flag on its headquarters, camps, posts or other premises, vehicles, vessels and otherwise as decided by the Commander. Other flags or pennants may be displayed only in exceptional cases and in accordance with conditions prescribed by the Commander. Sympathetic consideration will be given to observations or requests of the Egyptian authorities concerning this last-mentioned matter.

Uniform, Vehicle, Vessel and Aircraft Markings and Registration: Operating Permits

21. Members of the Force shall normally wear the uniform prescribed by the Commander. The conditions on which the wearing of civilian dress is authorized shall be notified by the Commander to the Egyptian authorities, and sympathetic consideration will be given to observations or requests of the Egyptian authorities concerning this matter. Service vehicles, vessels, and aircraft shall carry a distinctive United Nations identification mark and license which shall be notified by the Commander to the Egyptian authorities. Such vehicles, vessels and aircraft shall not be subject to registration and licensing under the laws and regulations of Egypt. Egyptian authorities shall accept as valid, without a test or fee, a permit or license for the operation of service vehicles, vessels and aircraft issued by the Commander.

Arms

22. Members of the Force may possess and carry arms while on duty in accordance with their orders. The Commander shall give sympathetic consideration to requests from the Egyptian authorities concerning this matter.

Privileges and Immunities of the Force

23. The United Nations Emergency Force, as a subsidiary organ of the United Nations established by the General Assembly, enjoys the status, privileges, and immunities of the Organization in accordance with the Convention on the Privileges and Immunities of the United Nations. The provisions of Article II on the Convention on the Privileges and Immunities of the United Nations shall also apply to the property, funds and assets of Participating States used in Egypt in connection with the national contingents serving in the United Nations Emergency Force. Such Participating States may not acquire immovable property in Egypt without agreement with the Government of Egypt. The Government of Egypt recognizes that the right of the Force to import free of duty equipment for the Force and provisions, supplies and other goods for the exclusive use of members of the Force, members of the United Nations Secretariat detailed by the Secretary-General to serve with the Force, excluding locally recruited personnel, includes the right of the Force to establish, maintain and operate at headquarters, camps and posts, service institutes providing amenities for the persons aforesaid. The amenities that may be provided by service institutes shall be goods of a consumable nature (tobacco and tobacco products, beer, etc.), and other customary articles of small value. To the end that duty-free importation of the Force may be effected with the least possible delay, having regard to the interests of the Government of Egypt, a mutually satisfactory procedure, including documentation, shall be arranged between the appropriate authorities of the Force and the Egyptian customs authorities. The Commander shall take all necessary measures to prevent any abuse of the exemption and to prevent the sale or resale of such goods to persons other than those aforesaid. Sympathetic consideration shall be given by the Commander to observations or requests of the Egyptian authorities concerning the operation of service institutes.

Privileges and Immunities of Officials and Members of the Force

24. Members of the United Nations Secretariat detailed by the Secretary-General to serve with the Force remain officials of the United Nations entitled to the privileges and immunities of Articles V and VII of the Convention on the Privileges and Immunities of the United Nations. With respect to the locally recruited personnel of the Force, however, the United Nations will assert its right only to the immunity concerning official acts provided in Section 18 (a) of the Convention on the Privileges and Immunities of the United Nations.

25. The Commander shall be entitled to the privileges, immunities and facilities of Sections 19 and 27 of the Convention on the Privileges and Immunities of the United Nations. Officers serving on the United Nations Command (the Commander's Headquarters Staff) are entitled to the privileges and immunities of Article VI of the Convention on the Privileges and Immunities of the United Nations. Subject to the foregoing, the United Nations will claim with respect to members of the Force only those rights expressly provided in the present or supplemental arrangements.

Members of the Force: Taxation, Customs and Fiscal Regulations

26. Members of the Force shall be exempt from taxation on the pay and emoluments received from their national Governments or from the United Nations. They shall also be exempt from all other direct taxes except municipal rates for services enjoyed, and from all registration fees, and charges.

27. Members of the Force shall have the right to import free of duty their personal effects in connection with their first taking up their post in Egypt. They shall be subject to the Egyptian laws and regulations governing customs and foreign exchange with respect to personal property not required by them by reason of their presence in Egypt with the Force. Special facilities for entry or exit shall be granted by the Egyptian immigration, customs and fiscal authorities to regularly constituted units of the Force provided that the authorities concerned have been duly notified sufficiently in advance. Members of the Force on departure from Egypt may, notwithstanding the foreign exchange regulations, take with them such funds as the appropriate Pay Officer of the Force certifies were received in pay and emoluments from their respective national Governments or from the United Nations and are a reasonable residue thereof. Special arrangements between the Commander and the Egyptian authorities shall be made for the implementation of the foregoing provisions in the interests of the Egyptian Government and members of the Force.

28. The Commander will cooperate with customs and fiscal authorities of Egypt and will render all assistance within his power in ensuring the observance of the customs and fiscal laws and regulations of Egypt by the members of the Force in accordance with these or any relevant supplemental arrangements.

Communications and Postal Services

29. The Force enjoys the facilities in respect to communications provided in Article III of the Convention on the Privileges and Immunities of the United Nations. The Commander shall have authority to install and operate a radio sending and receiving station or stations to connect at appropriate points and exchange traffic with the United Nations radio network, subject to the provisions of Article 45 of the International Telecommunication Convention relating to harmful interference. The frequencies on which any such station may be operated will be duly communicated by the United Nations to the appropriate Egyptian authorities and to the International Frequency Registration Board. The right of the Commander is likewise recognized to enjoy the priorities of government telegrams and telephone calls as provided for the United Nations in Article 37 and Annex 3 of the latter Convention and in Article 83 of the Telegraph Regulations annexed thereto.

30. The Force shall also enjoy, within its area of operations, the right of unrestricted communication by radio, telephone, telegraph or any other means, and of establishing the necessary facilities for maintaining such communications within and between premises of the Force, including the laying of cables and land lines and the establishment of fixed and mobile radio sending and receiving stations. It is understood that the telegraph and telephone cables and lines herein referred to will be situated within or directly between the premises of the Force and the area of operations, and that connection with the Egyptian system of telegraphs and telephones will be made in accordance with arrangements with the appropriate Egyptian authorities.

31. The Government of Egypt recognizes the right of the Force to make arrangements through its own facilities for the processing and transport of private mail addressed to or emanating from members of the Force. The Government of Egypt will be informed of the nature of such arrangements. No interference shall take place with, and no censorship shall be applied to, the mail of the Force by the Government of Egypt. In the event postal arrangements applying to private mail of members of the Force are extended to operations involving transfer of currency, or transport of packages or parcels from Egypt, the conditions under which such operations shall be conducted in Egypt will be agreed upon between the Government of Egypt and the Commander.

Freedom of Movement

32. The Force and its members shall enjoy together with service vehicles, vessels, aircraft and equipment, freedom of movement between Force headquarters, camps and other premises, within the area of operations, and to and from points of access to Egyptian territory agreed upon and to be agreed upon by the Egyptian Government and the Commander. The Commander will consult with the appropriate Egyptian authorities with respect to large movements of personnel, stores or vehicles on railways or roads used for general traffic. The Government of Egypt recognizes the right of the Force and its members to freedom of movement across armistice demarcation lines and other military lines in the performance of the functions of the Force and the official duties of its members. The Egyptian authorities will supply the Force with maps and other information, including locations of mine fields and other dangers and impediments, which may be useful in facilitating its movements.

Use of Roads, Waterways, Port Facilities, Airfields and Railways

33. The Force shall have the right to the use of roads, bridges, canals and other waters, port facilities and airfields without the payment of dues, tolls or charges either by way of registration or otherwise, in the area of operations and the normal points of access, except for charges that are related directly to services rendered. The Egyptian authorities, subject to special arrangements, will give the most favorable consideration to requests for the grant to members of the Force of travelling facilities on its railways and of concessions with regard to fares.

Water, Electricity and Other Public Utilities

34. The Force shall have the right to the use of water, electricity and other public utilities at rates not less favorable to the Force than those to comparable consumers. The Egyptian authorities will, upon the request of the Commander, assist the Force in obtaining water, electricity and other utilities required, and in the case of interruption or threatened interruption of service, will give the same priority to the needs of the Force as to essential Government services. The Force shall have the right where necessary to generate, within the premises of the Force either on land or water, electricity for the use of the Force, and to transmit and distribute such electricity as required by the Force.

Egyptian Currency

35. The Government of Egypt will, if requested by the Commander, make available to the Force, against reimbursement in US dollars, Swiss francs or other currency mutually acceptable, Egyptian currency required for the use of the Force, including the pay of the members of the national contingents, at the rate of exchange most favorable to the Force that is officially recognized by the Government of Egypt.

Provisions, Supplies and Services

36. The Egyptian authorities will, upon the request of the Commander, assist the Force in obtaining equipment, provisions, supplies and other goods and services required from local sources for its subsistence and operation. Sympathetic consideration will be given by the Commander in purchase on the local market to requests or observations of Egyptian authorities in order to avoid any adverse effect on the local economy. Members of the Force and United Nations officials may purchase locally goods necessary for their own consumption, and such services as they need, under conditions not less favorable than for Egyptian citizens. If members of the Force and United Nations officials should require medical or dental facilities beyond those available within the Force, arrangements shall be made with the appropriate Egyptian authorities under which such facilities may be made available. The Commander and the appropriate local authorities will cooperate with respect to sanitary services. The Commander and the Egyptian authorities shall extend to each other the fullest cooperation in matters concerning health, particularly with respect to the control of communicable diseases in accordance with international conventions; such cooperation shall extend to the exchange of relevant information and statistics.

Locally Recruited Personnel

37. The Force may recruit locally such personnel as required. The Egyptian authorities will, upon the request of the Commander, assist the Force in the recruitment of such personnel. Sympathetic consideration will be given by the Commander in the recruitment of local personnel to requests or observations of Egyptian authorities in order to avoid any adverse effect on the local economy. The terms and conditions of employment for locally recruited personnel shall be prescribed by the Commander and shall generally, to the extent practicable, follow the practice prevailing in the locality.

Settlement of Disputes or Claims

38. Disputes or claims of a private law character shall be settled in accordance with the following provisions:

(a) The United Nations shall make provisions for the appropriate modes of settlement of disputes or claims arising out of contract or other disputes or claims of a private law character to which the United Nations is a party other than those covered in subparagraphs (b) and (c) following.

(b) Any claim made by

(i) an Egyptian citizen in respect of any damaged alleged to result from an act or omission of a member of the Force relating to his official duties;

(ii) the Government of Egypt against a member of the Force; or

(iii) the Force or the Government of Egypt against one another that is not covered by paragraphs 39 or 40 of these arrangements,

shall be settled by a Claims Commission established for that purpose. One member of the Commission shall be appointed by the Secretary-General, one member by the Government of Egypt and a chairman jointly by the Secretary-General and the Government of Egypt. If the Secretary-General and the Government of Egypt fail to agree on the appointment of a chairman, the President of the International Court of Justice shall be asked by either to make the appointment. An award made by the Claims Commission against the Force or a member thereof or against the Government of Egypt shall be notified to the Commander or the Egyptian authorities, as the case may be, to make satisfaction thereof.

(c) Disputes concerning the terms of enjoyment and conditions of service of locally recruited personnel shall be settled by administrative procedure to be established by the Commander.

39. All differences between the United Nations and Egypt arising out of the interpretation or application of these arrangements which involve a question of principle concerning the Convention on the Privileges and Immunities of the United Nations shall be dealt with in accordance with the procedure of Section 30 of the Convention.

40. All other disputes between the United Nations and Egypt concerning the interpretation or application of these arrangements which are not settled by negotiation or other agreed mode of settlement shall be referred for final settlement to a Tribunal of three arbitrators, one to be named by the Secretary-General of the United Nations, one by the Government of Egypt, and an umpire to be chosen jointly by the Secretary-General and the Government of Egypt. If the two parties fail to agree on the appointment of the umpire within one month of the proposal of arbitration by one of the parties, the President of the International Court of Justice shall be asked by either party to appoint the umpire. Should a vacancy appear for any reason, the vacancy shall be filled within thirty days by the method laid down in this paragraph for the original appointment. The Tribunal shall come into existence upon the appointment of the umpire and at least one of the other members of the Tribunal. Two members of the Tribunal shall constitute a quorum for the performance of its functions, and for all deliberations and decisions of the Tribunal a favorable vote of two members shall be sufficient.

Liaison

41. The Commander and the Egyptian authorities shall take appropriate measures to ensure close and reciprocal liaison.

Deceased Members: Disposition of Personal Property

42. The Commander shall have the right to take charge of and dispose of the body of a member of the Force who dies in Egyptian territory, and may dispose of his personal property after the debts of the deceased person incurred in Egyptian territory and owing to Egyptian citizens have been settled.

Supplemental Arrangements

43. Supplemental detail for the carrying out of these arrangements shall be made as required between the Commander and appropriate Egyptian authorities designated by the Government of Egypt.

Effective Date and Duration

44. Upon acceptance of this proposal by your Government, the present letter and your reply will be considered as constituting an agreement between the United Nations and Egypt that shall be deemed to have taken effect as from the date of the arrival of the first element of the Force in Egypt, and shall remain in force until the departure of the Force from Egypt. The effective date that the departure has occurred shall be defined by the Secretary-General and the Government of Egypt. The provisions of paragraphs 38, 39 and 40 of these arrangements, relating to the settlement of disputes, however, shall remain in force until all claims arising prior to the date of termination of these arrangements, and submitted prior to or within three months following the date of termination, have been settled.

(Signed) Dag HAMMARSKJOLD Secretary-General

Portal:United Nations Emergency Force I