Proposals for further consideration by the Chairman on Organization/Implementational Arrangements

ARTICLE IX

THE ORGANIZATION

(E) PRIVILEGES AND IMMUNITIES

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51. The Organization shall not be held liable for any breach of confidentiality committed by members of the Technical Secretariat unless otherwise decided in accordance with the provisions of this Protocol. The Conference shall take the decision on the waiver of immunity of the Organization. Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgement, for which a separate waiver shall be necessary. The Conference, taking into account the recommendations of the Executive Council, shall take its decisions on the waiver of immunity of the Organization from both jurisdiction and execution of judgement by unanimous consent of States Parties present and voting. Waiver shall always be express. The amount of any financial liability of the Organization in any particular case shall not exceed 5 per cent of the annual budget of the Organization in the financial year when the Organization is held liable for breach of confidentiality, and the aggregate amount of financial liability of the Organization in any financial year shall not exceed 10 per cent of the annual budget of the Organization for that year. The provisions of this paragraph shall be implemented from the time set forth in paragraph ¼, unless otherwise decided by unanimous consent of States Parties present and voting by the Conference taking place at that time.

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