Common use of ASEAN Clause in Contracts

ASEAN. 1. ASEAN and the property and assets of ASEAN shall enjoy immunity from every form of legal process except insofar as in any particular case it has expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution. 2. The premises of ASEAN shall be inviolable. The property and assets of ASEAN shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action. 3. All forms of communications and the archives of ASEAN, and in general all documents wherever located, belonging to it or held by it, whether in electronic or any other form where the information contained therein can be retrieved for future reference, shall be inviolable. 4. Without being restricted by financial controls, regulations or moratoria of any kind, ASEAN: (a) may hold funds, gold or currency of any kind and operate accounts in any currency; and (b) shall be free to transfer its funds, gold or currency from one country to another or within any country and to convert any currency held by it into any other currency. 5. Notwithstanding Paragraph 4 of this Article, ASEAN shall comply with the laws and regulations of the Member States relating to the reporting of funds and foreign exchange movements. 6. In exercising its rights in Paragraph 4 of this Article, ASEAN shall pay due regard to any representations made by the Government of any Member State insofar as it is considered that effect can be given to such representations without detriment to the interests of ASEAN. 7. ASEAN and the property and assets of ASEAN shall be: (a) exempt from all direct taxes; it is understood, however, that ASEAN will not claim exemption from taxes which are, in fact, no more than charges for public utility services; (b) exempt from customs duties and prohibitions and restrictions on imports and exports in respect of articles imported or exported by ASEAN for its official use. It is understood, however, that articles imported under such exemption will not be sold in the Member State into which they were imported except under conditions agreed with the Government of that Member State; (c) exempt from customs duties and prohibitions and restrictions on imports and exports in respect of its publications. 8. While ASEAN will not, as a general rule, claim exemption from excise duties and from taxes on the sale of movable and immovable property which form part of the price to be paid, nevertheless when ASEAN is making important purchases for official use of property on which such duties and taxes have been charged or are chargeable, Member States will, whenever possible, make appropriate administrative arrangements for the remission or return of the amount of duty or tax. 9. The exemption from taxation and duties referred to in this Article shall not apply to such taxes and dues payable under the law of the Member States by persons contracting with ASEAN. 10. ASEAN shall enjoy in the territory of each Member State for its official communications treatment not less favourable than that accorded by the Government of that Member State to any other Government including its diplomatic mission in the matter of priorities, rates and taxes on mails, cables, telegrams, radiograms, telephotos, telephones and other communications; and press rates for information to the press and radio. No censorship shall be applied to the official correspondence and other official communications of ASEAN. 11. ASEAN shall have the right to use codes and to dispatch and receive its correspondence by courier or in bags, which shall have the same privileges and immunities as diplomatic couriers and bags.