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Download XMLAgreement establishing the Asian Development Bank
Parties with reservations, declarations and objections
| Party | Reservations / Declarations | Objections |
|---|---|---|
| Australia | Yes | No |
| Canada | Yes | No |
| Denmark | Yes | No |
| France | Yes | No |
| Germany | Yes | No |
| India | Yes | No |
| Italy | Yes | No |
| Japan | Yes | No |
| Malaysia | Yes | No |
| Netherlands, the Kingdom of the | Yes | No |
| Norway | Yes | No |
| Philippines | Yes | No |
| Republic of Korea, the | Yes | No |
| Singapore | Yes | No |
| Sri Lanka | Yes | No |
| Sweden | Yes | No |
| United Kingdom | Yes | No |
| United States of America | Yes | No |
Australia
19-12-1966
The Australian Government further declares in accordance with paragraph 2 of article
56 of the said Agreement that it retains the right to levy taxation in respect of
salary and emoluments paid by the Bank for services rendered in Australia to a Director,
alternate, officer or employee of the Bank, including an expert performing a mission
for the Bank, being a resident of Australia within the meaning of the Australian legislation
relating to income tax unless the person is not a citizen of Australia and came to
Australia solely for the purpose of performing duties of the office in the Bank held
by him.
[In connection with the above declaration the Government of Australia further specified
that "although paragraph 2 of article 56 refers to 'citizens or nationals'and not
to residents, it is understood that the persons intended to be covered by the word
`resident' in the declaration include, in addition to citizens, per sons already living
in Australia at the time of recruitment as po- tential Australian citizens who, in
fact, under Australian law have duties of a similar character to citizens. They may,
therefore, be considered as within the category of persons envisaged by the words
`citizens or nationals'.]
The Australian Government is unable to accord to the Bank, in respect of any mailbags
which the Bank might wish to despatch through postal channels in Australia, the reduced
rates which the Australian Government accords, on the basis of reciprocity, to certain
other Governments in respect of mailbags despatched through postal channels by their
diplomatic missions in Australia.
The Australian Government is, insofar as the article applies to priorities, rates
and taxes on telecommunications, unable fully to comply with article 54 of the Agreement
which requires that the Bank in respect of its official communications shall be accorded
by each member treatment not less favourable than that accorded to the official communications
of any other member, until such time as all other Governments have decided to co-operate
in granting this treatment to international organiz- ations. This reservation shall
not affect the right of the Bank to lodge press telegrams at prescribed press rates
to the press and radio in Australia.
The Australian Government understands that nothing in the said Agreement affects the
application of any Australian law relating to quarantine.
Canada
22-08-1966
Canada retains for itself and its political subdivisions the right to tax Canadian citizens resident or ordinarily resident in Canada.
Denmark
16-08-1966
According to article 14, paragraph ix, in the Agreement establishing the Asian Development
Bank, `the proceeds of any loan, investment or other financing undertaken in the ordinary
operations of the Bank or with Special Funds established by the Bank pursuant to paragraph
1 (i) of article 19, shall be used only for procurement in member countries of goods
and services produced in member countries.
The declared shipping policy of the Danish Government is based on the principle of
free circulation of shipping in interna-tional trade in free and fair competition.
In accordance with this policy transactions and transfers in connexion with maritime
transport should not be hampered by provisions giving preferential treatment to one
country or a group of countries, the aim always being that normal commercial consideration
should determine the method and flag of shipment. The Government of Denmark trusts
that article 14, paragraph ix, will not be applied contrary to this principle.
France
27-07-1970
Pursuant to article 56 (2) of the said Agreement, the French Government retains for itself the right to levy taxes, as provided by French law, on salaries and emoluments paid by the Bank to French nationals.
Germany
30-08-1966
1. The Federal Republic of Germany makes use of the reservation provided for in article
56, paragraph 2, of the Agreement establishing the Asian Development Bank and retains
for itself and its political subdivisions the right to tax salaries and emoluments
paid by the Asian Development Bank to Germans within the meaning of Article 116 of
the Basic Law for the Federal Republic of Germany who have their domicile or ordinary
residence in the area of application of the said Basic Law, including Land Berlin;
2. The Agreement establishing the Asian Development Bank shall also apply to Land
Berlin as from the day on which the Convention will enter into force for the Federal
Republic of Germany.
India
20-07-1966
The Government of India declares that India retains for herself and her political subdivision the right to tax salaries and emoluments paid by the Asian Development Bank to citizens or nationals of India.
Italy
30-09-1966
The Italian Government, pursuant to article 56, paragraph 2, of the Agreement, retains
for itself and its political subdivisions the right to tax salaries and emoluments
paid by the Bank to Italian citizens employed in offices of the Bank that might be
set up in Italy or performing any activities in Italy on behalf of the Bank.
On the occasion of the deposit of the instrument of ratifica- tion, the Permanent
Representative of Italy to the United Nations, on the instructions of the Minister
for Foreign Affairs of Italy, has made the following observations:
The Italian Government considers that paragraph 1 of article 56 is to be construed
in the light of current practice concerning exemption of international organizations
from taxation. According to such practice, relief from taxation is granted to international
organizations only in respect of articles acquired in pursuance of the official activities
of an organization and, in the case of internal indirect taxes, only for substantial
purchases where it is reasonably practicable to allow such relief.
The Italian Government considers that the provision of article 50, paragraph 1, concerning
immunity from jurisdiction is to be construed within the limits in which such immunity
is provided by international law.
[The Permanent Representative also has] the honour to inform your Excellency that
it is the intention of the Italian Government to seek from the Asian Development Bank
an understanding to the effect that the special procedure to be provided for pursuant
to paragraph 2 of article 50 of the by-laws and regulations of the Bank or in contracts
entered into with the Bank should not be of prejudice to the jurisdiction of Italian
Courts with respect to any claims put forward by private parties.
Japan
16-08-1966
Japan retains for itself and its political subdivisions the right to tax salaries and emoluments paid by the Bank to its nationals.
Malaysia
16-08-1966
The Government of Malaysia declares that it retains for itself the right to tax salaries and emoluments paid.
Netherlands, the Kingdom of the
29-08-1966
This ratification is subject to the reservation provided for in article 56, paragraph 2, of the Convention.
Norway
14-07-1966
According to article 14, paragraph ix, in the Agreement establishing the Asian Development
Bank, 'the proceeds of any loan, investment or other financing undertaken in the ordinary
operations of the Bank or with Special Funds established by the Bank pursuant to paragraph
1 (i) of article 19, shall be used only for procurement in member countries of goods
and services produced in member countries.
The declared shipping policy of the Norwegian Government is based on the principle
of free circulation of shipping in international trade in free and fair competition.
In accordance with this policy transactions and transfers in connection with maritime
transport should not be hampered by provisions giving preferential treatment to one
country or a group of countries, the aim always being that normal commercial consideration
should determine the method and flag of shipment. The Government of Norway trusts
that article 14, paragraph ix, will not be applied contrary to this principle.
Philippines
05-07-1966
The Government of the Philippines declares that it retains for itself and its political subdivisions the right to tax salaries and emoluments paid by the Bank to citizens or nationals of the Philippines.
Republic of Korea, the
16-08-1966
The Republic of Korea retains for itself and its political subdivisions the right to tax salaries and emoluments paid by the Bank to its nationals.
Singapore
21-09-1966
Singapore retains for itself the right to tax salaries and emoluments paid by the Asian Development Bank to citizens and nationals of Singapore.
Sri Lanka
29-09-1966
In accordance with paragraph 2 of article 56 of the Asian Development Bank Agreement, the Government of Ceylon retains for itself and its political subdivision the right to tax salaries and emoluments paid by the Bank to citizens or nationals of Ceylon resident or ordinarily resident in Ceylon.
Sweden
29-09-1966
According to the main rule of article 14, paragraph ix, in the Agreement establishing
the Asian Development Bank, the proceeds of any loan, investment or other financing
undertaken by the Bank shall be used only for procurement in member countries of goods.
The shipping policy of the Swedish Government is based on the principle of free circulation
of shipping in international trade in free and fair competition. The Swedish Government
trusts that article 14, paragraph ix, will not be applied contrary to this principle.
Similarly, it is part of the assistance policy of the Swedish Government that multilateral
development assistance should be based on the principle of free international competitive
bidding. The Swedish Government expresses the hope that it will be possible to reach
agreement on such modification of article 14, paragraph ix, that it does not conflict
with this principle.
United Kingdom
26-09-1966
In accordance with paragraph 2 of article 56, the Government of the United Kingdom
declare that they retain the right to tax salaries and emoluments paid by the Asian
Development Bank to citizens of the United Kingdom and Colonies.
In a letter transmitting the instrument of ratification, the Permanent Representative
of the United Kingdom to the United Nations, has made the following observations:
Article 54 of the Agreement has the effect of affording Government telecommunication
privileges to the Asian Development Bank. The list of persons and authorities entitled
to such privileges in Annex 3 to the International Telecommunications Convention signed
at Geneva on the 21st of December, 1959, does not include international organizations
other than the United Nations. There is thus a clear conflict between article 54 and
the Telecommunications Convention, to which the United Kingdom (and no doubt other
members of the Asian Development Bank) is a party. The United Kingdom wishes to propose
that this conflict be considered at an early meeting of the Board of Governors.
Paragraph 1 of article 56 of the Agreement might perhaps be construed as allowing
the Asian Development Bank complete exemption from all customs duties and taxes on
goods without any qualification. It is current practice to accord relief from taxation
on goods to international organizations only in respect of articles acquired in pursuance
of the official activities of an organization, and, in the case of internal indirect
taxes, only for substantial purchases where it is reasonably practicable to allow
such relief. The Government of the United Kingdom consider that paragraph 1 of article
56 is to be construed in the light of current practice.
[The Permanent Representative also has] the honour to inform you that it is the intention
of the Government of the United Kingdom to seek from the Asian Development Bank:
(a) An understanding that it will insure any motor vehicle belonging to, or operated
on behalf of, the Bank against third party claims for damage arising from an accident
caused by such a vehicle in the United Kingdom and that the immunity of the Bank from
legal process under paragraph 1 of article 50 will not be asserted in the case of
any civil action in the United Kingdom by a third party for damage arising from an
accident caused by such a vehicle;
(b) An understanding that no immunity under article 55 will be asserted in respect
of any motor traffic offence committed by a member of the personnel of the Bank or
in respect of damage caused by a motor vehicle belonging to, or driven by, him.
United States of America
16-08-1966
The United States of America retains for itself and for all political subdivisions of the United States of America the right to tax salaries and emoluments paid by the Asian Development Bank to any citizen or national of the United States of America.