6 | II Série A - Número: 126S1 | 30 de Maio de 2009
3. The privileges and immunities are accorded to the persons designated in paragraph 1 of this Article in order to safeguard the independent exercise of their functions in connection with the OPCW and not for the personal benefit of the individuals themselves. It is the duty of all persons enjoying such privileges and immunities to observe in all other respects the laws and regulations of the State Party.
4. The provisions of this Article apply irrespective of whether the State Party maintains or does not maintain diplomatic relations with the State of which the persons designated in paragraph 1 of this Article are nationals and irrespective of whether the State of which that person is a national grants a similar privilege or immunity to the diplomatic envoys or nationals of the State Party.
5. The provisions of paragraphs 1 and 2 of this Article are not applicable in relation to a person who is a national of the State Party. ARTICLE 6 OFFICIALS OF THE OPCW
1. During the conduct of verification activities, the Director-General and the staff of the Secretariat, including qualified experts during investigations of alleged use of chemical weapons referred to in Part XI, paragraphs 7 and 8 of the Verification Annex to the Convention, enjoy, in accordance with Article VIII, paragraph 51, of the Convention, the privileges and immunities set forth in Part II, Section B, of the Verification Annex to the Convention or, when transiting the territory of non-inspected States Parties, the privileges and immunities referred to in Part II, paragraph 12, of the same Annex. 2. For other activities related to the object and purpose of the Convention, officials of the OPCW shall:
(a) be immune from personal arrest or detention and from seizure of their personal baggage; (b) be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity; (c) enjoy inviolability for all papers, documents and official material, subject to the provisions of the Convention; (d) enjoy the same exemptions from taxation in respect of salaries and emoluments paid to them by the OPCW and on the same conditions as are enjoyed by officials of the United Nations; (e) be exempt, together with their spouses from immigration restrictions and alien registration; (f) be given, together with their spouses, the same repatriation facilities in time of international crises as officials of comparable rank of diplomatic missions; (g) be accorded the same privileges in respect of exchange facilities as are accorded to members of comparable rank of diplomatic missions.
3. The officials of the OPCW shall be exempt from national service obligations, provided that, in relation to nationals of the State Party, such exemption shall be confined to officials of the OPCW whose names have, by reason of their duties, been placed upon a list compiled by the Director-General of the OPCW and approved by the State Party. Should other officials of the OPCW be called up for national service by the State Party, the State Party shall, at the request of the OPCW, grant such temporary deferments in the call-up of such officials as may be necessary to avoid interruption in the continuation of essential work.
4. In addition to the privileges and immunities specified in paragraphs 1, 2 and 3 of this Article, the DirectorGeneral of the OPCW shall be accorded on behalf of himself and his spouse, the privileges and immunities, exemptions and facilities accorded to diplomatic agents on behalf of themselves and their spouses, in accordance with international law. The same privileges and immunities, exemptions and facilities shall also be accorded to a senior official of the OPCW acting on behalf of the Director-General.
5. Privileges and immunities are granted to officials of the OPCW in the interests of the OPCW, and not for the personal benefit of the individuals themselves. It is the duty of all persons enjoying such privileges and immunities to observe in all respects the laws and regulations of the State Party. The OPCW shall have the right and the duty to waive the immunity of any official of the OPCW in any case where, in its opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the OPCW.