Article 37
Income and Fees
The Administrative Council shall lay down the fees and the income necessary for the
running of the Organization and shall fix the amounts and methods of payment thereof.
Article 38
Budgetary Surpluses
(1) On a decision by the Administrative Council, the Organization shall, where
appropriate, pay to each member State the share of any budgetary surplus accruing to it, after
deduction, where necessary, of its special contribution.
(2) Budgetary surpluses shall be fixed after provision has been made for reserve funds
and special funds established by the financial regulations.
(3) Surpluses shall be shared equally among the member States.
TITLE V
MISCELLANEOUS, TRANSITIONAL
AND FINAL PROVISIONS
Article 39
Legal Personality, Privileges
and Immunities of the Organization
(1) The Organization shall have legal personality. In each of the member States, it shall
enjoy the broadest legal capacity accorded to legal entities by national legislation.
(2) The immunities and privileges generally accorded to international organizations
shall be accorded to the Organization on the territories of the member States in order to
facilitate the conduct of its action.
In particular, the member States grant the Organization the benefit of the following
privileges and immunities:
(a) its officials, wherever they may be, shall enjoy immunity from prosecution except
in so far as the Organization expressly waives it, either in a specific procedure or by contract.
Officials of the Organization means the staff permanently working for it, experts for the
duration of their assignments and the representatives of member States and their substitutes
for the duration of the sessions of the Administrative Council;
(b) the property and assets of the Organization shall be exempt from search,
requisitioning, confiscation, expropriation, sequestration or any other form of seizure ordered
by the executive, legislative or judicial authorities of member States;
(c) the Organization may hold funds in local currency and open bank accounts in any
currency, transfer its funds or currency and convert all currencies held by it into any other
currency in accordance with the rules applicable thereto;
(d) the Organization, its assets, property and income and also its operations and
transactions shall be exempt from all taxes, charges and customs duties in accordance with the
headquarters agreement in the host State and the privileges accorded to international
organizations in the other member States;
(e) the premises of the Organization shall be inviolable, and its property and assets
unattachable;