1710-(38)

II SÉRIE-A — NÚMERO 58

b) Disputes involving any official or expert of the Agency who by reason of his official position enjoys immunity, if immunity has not been waived in accordance with sections 21 or 25.

Section 34

Unless in any case it is agreed by the parties to have

recourse to another mode of settlement, all differences arising out of the interpretation or application of the

present Agreement shall be referred to the International

Court of Justice, in accordance with the Statute of the Court. If a difference arises between the Agency and a Member and they do not agree on any other mode of settlement, a request shall be made for an advisory opinion on any legal question involved, in accordance with article 96 of the Charter of the United Nations and article 65 of the Statute of the Court and the relevant provisions of the agreement concluded between the United Nations and the Agency. The opinion given by the Court shall be- accepted as decisive by the parties.

ARTICLE XI Interpretation

Section 35

The provisions of this Agreement shall be interpreted in the light of the functions with which the Agency is entrusted by its Statute.

Section 36

The provisions of this Agreement shall in no way limit or prejudice the privileges and immunities which have been, or may hereafter be, accorded to the Agency by any State by reason of the location in the territory of that State of the Agency's Headquarters or regional offices, or of officials, experts, materials, equipment or facilities in connexion with Agency projects or activities, including the application of safeguards to an Agency project or other arrangement. This Agreement shall not be deemed to prevent the conclusion between the Agency and any State party thereto of supplemental agreements adjusting the provisions of this Agreement or extending or curtailing the privileges and immunities thereby granted. •

Section 37

This Agreement shall not itself operate so as to abrogate, or derogate from, any provisions of the Statute of the Agency or any rights or obligations which the Agency may otherwise have, acquire or assume.

ARTICLE XII Final provisions

Section 38

This Agreement shall be communicated to every Member of the Agency for acceptance. Acceptance shall be effected by the deposit with the Director General of an instrument of acceptance, and the Agreement shall come into force as regards each Member on the date of deposit of that Member's instrument of acceptance. It is understood \hat, when an instrument of acceptance

is deposited on behalf of any State, that State will be in a position under its own law to give effect to the terms of this Agreement. The Director General shall transmit a certified copy of this Agreement to the Government of every State now or hereafter becoming a Member of the Agency, and shall inform all Members of the deposit of each instrument of acceptance and of the filing of any notification of denunciation provided for in section 39.

It shall be permissible for a Member to make reservations to this Agreement. Reservations may be made only at the time of the deposit of the Member's instrument of acceptance, and shall immediately be communicated by the Director General to all Members of the Agency.

Section 39

This Agreement shall continue in force as between the Agency and every Member which has deposited an instrument of acceptance for so long as that Member remains a Member of the Agency, or until a revised agreement has been approved by the Board of Governors and that Member has become a party to this revised agreement, provided that if a Member files a notification of denunciation with the Director General this Agreement shall cease to be in force with respect to such Member one year after the receipt of such notification by the Director General.

Section 40

At the request of one-third of the States parties to this Agreement, the Board of Governors of the Agency shall consider whether to approve amendments thereto. Amendments approved by the Board shall enter into force upon their acceptance in accordance with the procedure provided in section 38.

Pursuant to the directions of the Director General, I hereby certify that the foregoing is a true copy of the Agreement on the Privileges and immunities of the International Atomic Energy Agency, as approved by the Board of Governors of the Agency on 1 July 1959. in the English, French, Russian and Spanish languages.

In testimony whereof, I, Gurdon W. Wattles, Acting Director of the Legal Division of the International Atomic Energy Agency, have caused the seal of the Agency to be fixed hereto and have subscribed my name, at the city of Vienna, on the 3rd day of February 1960.

Gurdon W. Wattles.

ACORDO SOBRE OS PRIVILÉGIOS E IMUNIDADES OA AGÊNCIA INTERNACIONAL DA ENERGIA ATÓMICA

Considerando que o parágrafo C do artigo xv do Estatuto da Agência Internacional da Energia Atómica dispõe que a capacidade jurídica e os privilegios e imunidades mencionados no dito artigo devem ser definidos num acordo ou acordos distintos que serão concluídos entre a Agência, representada para esse fim pelo direc-tor-geral agindo em conformidade com as instruções do Conselho dos Governadores, e os seus Membros;

Considerando que um acordo regulando as relações entre a Agência e a Organização das Nações Unidas foi adoptado conforme o artigo xvi do Estatuto;

Considerando que a Assembleia Geral da Organização das Nações Unidas, desejando a unificação, na