Attorney Taejin Kim
K&P Law Firm
International Business District, Songdo, Incheon
Privileges and Immunities of GCF Staff
The Green Climate Fund (GCF) staff are awarded certain privileges and immunities to ensure the independent and effective operation of the Fund. These privileges and immunities are designed to protect the Fund from being subject to the jurisdiction of the countries where it operates, which includes immunity from legal action against its assets or personnel while undertaking official functions. The privileges and immunities are not for the personal benefit of individuals but are granted in the interest of the GCF[1]. The privileges and immunities for GCF staff are established through legal agreements between the GCF and countries. The GCF has sought to establish these privileges and immunities through bilateral agreements with countries, using a template that sets out the rights of immunity from legal process and other privileges for the GCF, its assets, and its staff. This template is modeled on the General Convention but reflects a slightly lower standard than that applicable under the General Convention[1][3]. The privileges and immunities include immunity of jurisdiction, privilege of communication, immunity of assets and archives, and exemptions such as exemption from taxation. These are extended to the GCF in the countries where it is operating. The GCF's Board members, consultants, and other persons associated with the GCF are also covered by these privileges and immunities[1][2]. The Executive Director of the GCF has the authority to waive these privileges and immunities if it is in the interest of the Fund and does not impede the course of justice. The privileges and immunities are not an excuse for non-performance of private obligations or failure to observe laws and police regulations. GCF staff members are expected to satisfy their obligations in good faith as residents of the host country[2].
Recommendations for GCF Staff Working in Korea
The Agreement between the Republic of Korea and the Green Climate Fund concerning the Headquarters of the Green Climate Fund applies to GCF staff working in Korea.
The immunities and privileges are specified in Article 13.
The staff of the GCF are granted different types of privileges and immunities based on their job grade or level.
The article outlines the privileges and immunities granted to staff and officials of an international organization (likely the Green Climate Fund or GCF) under a Headquarters Agreement with the Republic of Korea. Key points include:
1. Staff enjoy immunity from legal process for official acts, exemption from national service obligations and immigration restrictions (for non-Korean nationals), repatriation facilities, and the right to import personal effects duty-free when first taking up their post.
2. Board members and alternates are granted additional immunities during their stay in Korea for official duties, such as immunity from arrest, seizure of personal baggage, currency exchange privileges, and diplomatic facilities for official baggage.
3. The Executive Director and senior staff( professional level equivalent to level P-5 and above of the United Nations position classification) are accorded diplomatic privileges and immunities if they are not Korean nationals or permanent residents.
4. Experts on mission for the organization are granted necessary privileges and immunities, including immunity from arrest and legal process for official acts.
5. Locally-recruited hourly personnel have immunity for official acts.
6. Immunity does not apply in civil liability proceedings for damages caused by their vehicles in Korea.
7. Spouses and dependent children of staff posted in Korea are allowed to take up employment after a simple verification process.
| Article 13 PRIVILEGES AND IMMUNITIES 1. Notwithstanding any other privileges, immunities, exemptions and facilities accorded under this Headquarters Agreement, the Staff shall: (a) Enjoy immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity, regardless of their nationality. Such immunity shall continue to be accorded after the termination of employment with the Fund; (b) Where they are not nationals of the Republic of Korea: (i) Enjoy immunity, together with their Dependents who are not nationals of the Republic of Korea, from national service obligations; (ii) Enjoy immunity, together with their Dependents, from immigration restrictions and alien registration requirements; (iii) Be accorded the same privileges in respect of exchange facilities as are accorded to the members of comparable rank of the diplomatic missions established in the Republic of Korea; (iv) Be given, together with their Dependents, the same repatriation facilities in time of international crises as diplomatic agents; and (v) Have the right to import free of duties and taxes, except payments for services, their furniture and effects at the time of first taking up their post in the Republic of Korea. 2. In addition to the provisions set forth in paragraph 1 of this Article: (a) Board Members and alternate members shall, during their stay in the Republic of Korea, in connection with their official duties with the Fund, enjoy the following privileges and immunities: (i) Immunity from personal arrest or detention and from seizure of their personal baggage; (ii) Immunity from legal process of any kind with respect to words spoken or written, and all acts done by them in the performance of their official functions; such immunity shall continue to be accorded notwithstanding that the persons concerned are no longer engaged in the performance of such functions; (iii) Inviolability of all papers and documents; (iv) Exemption with respect to immigration restrictions, alien registration requirements and national service obligations in the Republic of Korea when they are visiting or through which they are passing in the exercise of their functions; (v) The same facilities with respect to currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions; and (vi) The same immunities and facilities with respect to their official baggage as are accorded to diplomatic envoys, pursuant to security measures that the Republic of Korea may apply according to international law. A Board Member or alternate member who is a national of the Republic of Korea shall not enjoy the privileges and immunities except for those listed under (ii) and (iii) above. (b) The Executive Director and senior Staff of the Secretariat having a professional level equivalent to level P-5 and above of the United Nations position classification, as determined by the Fund and duly notified to, and accepted by, the Government, who do not have nationality of, or permanent residence status in, the Republic of Korea, shall be accorded the same privileges and immunities, exemptions and facilities as the Government accords to members of comparable rank of the diplomatic staff of missions accredited to the Government; and (c) No person shall be entitled to the privileges and immunities provided in this paragraph 2 unless and until the necessary information, including the name and the status of such person, has been duly notified to the relevant authority of the Republic of Korea. 3. Experts for the Fund shall be accorded such privileges and immunities as are necessary for the independent exercise of their functions during the period of their missions, including the time spent on journeys in connection with their missions. In particular, they shall be accorded: (a) Where they are not nationals of the Republic of Korea, immunity from personal arrest or detention and from seizure of their personal baggage; (b) Immunity from legal process of any kind in respect of words spoken or written and acts done by them in the course of the performance of their official functions. This immunity from legal process shall continue to be accorded notwithstanding that the persons concerned are no longer employed by, or providing services to, the Fund; (c) Inviolability of all official papers and documents; and (d) For the purpose of their communication with the Fund, the right to use codes and to receive papers or correspondence by courier or in sealed bags; 4. Personnel recruited by the Fund locally and assigned to hourly rates of pay shall be accorded immunity from any type of legal process in respect of words spoken or written and acts performed by them in their official capacity for the Fund. Such immunity shall continue to be accorded after termination of their employment with the Fund. 5. The persons referred to in this Article shall not enjoy immunity from legal process and execution of judgment in the case of civil liability proceedings initiated against any such person for damages caused in the Republic of Korea by any vehicle belonging to any such a person or operated on his/her behalf. 6. Without prejudice to the pertinent provisions of this Agreement, all persons invited by the Fund to participate in the official business of the Fund shall enjoy immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity. Such immunity shall continue to be accorded after termination of their business. They shall also be accorded inviolability for all official papers and documents. 7. Spouses of the Staff whose duty station is in the Republic of Korea and their children forming part of their household who are under 21 years of age or economically dependent shall be allowed to take up employment in the Republic of Korea after a fast and simple verification process. |
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Citations:
[1] https://legalresponse.org/legaladvice/privileges-and-immunities-of-the-green-climate-fund/
[2] https://www.greenclimate.fund/sites/default/files/decision/b06/decision-b06-03-b06-a1.pdf
[3] https://www.greenclimate.fund/decision/b10-12
[4] https://www.greenclimate.fund/document/agreement-between-republic-korea-and-green-climate-fund-concerning-headquarters-green
[5] https://www.greenclimate.fund/about/secretariat/management
[6] https://www.greenclimate.fund/about/policies/administration
[7] https://www.korea.kr/common/download.do?fileId=210152&tblKey=EDN
[8] https://www.fnnews.com/news/201306101355118313?t=y
[9] https://ajunews.com/view/20140107061832415
[10] https://science.ytn.co.kr/view.php?key=201401071618135458&s_mcd=0082
[11] https://www.kyeonggi.com/article/201304280508809
[12] https://www.klri.re.kr:9443/bitstream/2017.oak/4251/1/58500.pdf
[13] https://www.gov.nu/wb/media/NIUE%20REGULATIONS/Reg%202020-05%20Diplomatic%20Privileges%20and%20Immunities%20%28Green%20Climate%20Fund%29%20Re___.pdf
[14] https://www.nars.go.kr/fileDownload2.do?doc_id=1M0AyW8b9bm&fileName=%28%EC%9D%B4%EC%8A%88%EC%99%80%EB%85%BC%EC%A0%90+1389%ED%98%B8-20171201%29%EA%B5%AD%EC%A0%9C%EA%B8%B0%EA%B5%AC+%EC%9C%A0%EC%B9%98%C2%B7%EC%A7%80%EC%9B%90%EC%9D%84+%EC%9C%84%ED%95%9C+%EC%9E%85%EB%B2%95+%EA%B4%80%EB%A0%A8+%EC%9F%81%EC%A0%90%EA%B3%BC+%EA%B3%A0%EB%A0%A4%EC%82%AC%ED%95%AD.pdf&timeStamp=1530230422000
[15] https://unfccc.int/sites/default/files/resource/AGN_Submission_COP25.pdf
[16] http://www.greenpostkorea.co.kr/news/articleView.html?idxno=27784
