Common use of Privileges and immunities of the Clause in Contracts

Privileges and immunities of the. members of the team 1. Papers, correspondence and assets of members of the team shall be inviolable, except in case of measures of execution which are permitted pursuant to paragraph 7. 2. Members of the team shall enjoy immunity from the criminal jurisdiction of Bosnia and Herzegovina in respect of the activities performed in the exercise of the official functions in the course of the actions carried out in accordance with the operational plan. In the event of an allegation of a criminal offence being committed by a member of the team, the executive director of the Agency and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the executive director of the Agency, after careful consideration of any representation made by the competent authority of the home Member State and the competent authorities of Bosnia and Herzegovina, shall act expeditiously and certify whether the act in question was performed in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. Pending the certification by the executive director of the Agency, the Agency and the home Member State shall refrain from taking any measure likely to jeopardise possible subsequent criminal prosecution of the member of the team by the competent authorities of Bosnia and Herzegovina. If the act was committed in the exercise of official functions, the member of the team shall benefit from immunity from the criminal jurisdiction of Bosnia and Herzegovina for the acts performed during and for the purpose of the exercise of the official functions in the course of the actions carried out in accordance with the operational plan. 3. Members of the team shall enjoy immunity from the civil and administrative jurisdiction of Bosnia and Herzegovina in respect of all acts performed by them in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. If any civil proceeding is instituted against members of the team before any court, the executive director of the Agency and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the executive director of the Agency, after careful consideration of any representation made by the competent authority of the home Member State and the competent authorities of Bosnia and Herzegovina, shall act expeditiously and certify to the court whether the act in question was performed by Members of the team in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. If the act was performed in the exercise of official functions, the member of the team shall benefit from immunity from the civil and administrative jurisdiction of Bosnia and Herzegovina for the acts performed during and for the purpose of the exercise of the official functions in the course of the actions carried out in accordance with the operational plan. 4. The immunity of members from the criminal, civil and administrative jurisdiction of Bosnia and Herzegovina may be waived by the home Member State as the case may be. Such a waiver must always be an express waiver. 5. Members of the team, who are witnesses, may be obliged by the competent authorities of Bosnia and Herzegovina, with full respect to the provisions of paragraphs 2 and 3, to provide evidence and in accordance with the procedural provisions of Bosnia and Herzegovina. 6. In case of damage caused by a member of a team in the exercise of official functions in the course of the actions carried out in accordance with the operational plan, Bosnia and Herzegovina shall be liable for any damage. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed in the exercise of official functions by a member of the team from a participating Member State, Bosnia and Herzegovina may request, via the executive director, that compensation be paid by the participating Member State concerned. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed in the exercise of official functions by a member of the team who is a staff member of the Agency, Bosnia and Herzegovina may request that compensation be paid by the Agency. In case of damage caused in Bosnia and Herzegovina, due to force majeure, neither Bosnia and Herzegovina, nor the participating Member State, nor the Agency, shall hold any responsibility. 7. No measures of execution may be taken in respect of members of the team, except in the case where a criminal or civil proceeding not related to their official functions is instituted against them. Property of members of the team, which is certified by the executive director of the Agency to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgment, decision or order. In civil proceedings, members of the team shall not be subject to any restrictions on their personal liberty or to any other measures of constraint. 8. The immunity of members of the team from the jurisdiction of Bosnia and Herzegovina shall not exempt them from the jurisdictions of the respective home Member States. 9. Members of the team shall, with respect to services rendered for the Agency, be exempt from social security provisions which may be in force in Bosnia and Herzegovina. 10. Members of the team shall be exempt from any form of taxation in Bosnia and Herzegovina on the salary and emoluments paid to them by the Agency or the home Member States, as well as on any income received from outside Bosnia and Herzegovina. 11. Bosnia and Herzegovina shall, in accordance with such laws and regulations as it may adopt, permit the entry of articles for the personal use of members of the team, and shall grant exemption from all customs duties, taxes, and other duties or charges applicable to the import of goods other than charges for storage, transport and similar services, in respect of such articles. Bosnia and Herzegovina shall also allow the export of such articles. 12. The personal baggage of members of the team may be inspected only in cases of justified suspicions that it contains articles that are not for the personal use of members of the team, or articles whose import or export is prohibited by the law or subject to quarantine regulations of Bosnia and Herzegovina. Inspection of such personal baggage shall be conducted only in the presence of the member(s) of the team concerned or an authorised representative of the Agency.

Privileges and immunities of the. members of the team 1. Members of the team shall not be subject to any form of arrest or detention. 2. Papers, correspondence and assets of members of the team shall be inviolable, except in case of measures of execution which are permitted pursuant to paragraph 76. 23. Members of the team shall enjoy immunity from the criminal jurisdiction of Bosnia [third country] under all circumstances. Privileges granted to members of the team and Herzegovina immunity from the criminal jurisdiction of [third country] do not exempt them from the jurisdiction of the home Member State .The immunity of members of the team from the criminal jurisdiction of [third country] may be waived by the home Member State as the case may be. Such a waiver must always be an express waiver. 4. Members of the team shall enjoy immunity from the civil and administrative jurisdiction of [third country] in respect of the activities all acts performed by them in the exercise of the their official functions in the course functions. If any civil proceeding is instituted against members of the actions carried out in accordance with the operational plan. In the event of an allegation of a criminal offence being committed by a member of the teamteam before any [third country] court, the executive director Executive Director of the Agency and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the executive director of the Agency, after careful consideration of any representation made by the competent authority of the home Member State and the competent authorities of Bosnia and Herzegovina, shall act expeditiously and certify whether the act in question was performed in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. Pending the certification by the executive director of the Agency, the Agency and the home Member State shall refrain from taking any measure likely to jeopardise possible subsequent criminal prosecution of the member of the team by the competent authorities of Bosnia and Herzegovina. If the act was committed in the exercise of official functions, the member of the team shall benefit from immunity from the criminal jurisdiction of Bosnia and Herzegovina for the acts performed during and for the purpose of the exercise of the official functions in the course of the actions carried out in accordance with the operational plan. 3. Members of the team shall enjoy immunity from the civil and administrative jurisdiction of Bosnia and Herzegovina in respect of all acts performed by them in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. If any civil proceeding is instituted against members of the team before any court, the executive director Executive Director of the Agency and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the executive director of the Agency, after careful consideration of any representation made by the competent authority of the home Member State and the competent authorities of Bosnia and Herzegovina, shall act expeditiously and certify to the court whether the act in question was performed by Members of the team in the exercise of their official functions in the course of the actions carried out in accordance with the operational planfunctions. If the act was performed in the exercise of official functions, the member proceeding shall not be initiated. If the act was not performed in the exercise of official functions, the proceeding may continue. The certification by the Executive Director of the Agency and the competent authority of the home Member State shall be binding upon the jurisdiction of [third country] which may not contest it. The initiation of proceedings by members of the team shall benefit preclude them from invoking immunity from the civil and administrative jurisdiction in respect of Bosnia and Herzegovina for the acts performed during and for the purpose of the exercise of the official functions in the course of the actions carried out in accordance any counter-claim directly connected with the operational plan. 4. The immunity of members from the criminal, civil and administrative jurisdiction of Bosnia and Herzegovina may be waived by the home Member State as the case may be. Such a waiver must always be an express waiverprincipal claim. 5. Members of the team, who are witnesses, may team shall not be obliged by the competent authorities of Bosnia and Herzegovina, with full respect to the provisions of paragraphs 2 and 3, to provide give evidence and in accordance with the procedural provisions of Bosnia and Herzegovinaas witnesses. 6. In case of damage caused by a member of a team in the exercise of official functions in the course of the actions carried out in accordance with the operational plan, Bosnia and Herzegovina shall be liable for any damage. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed in the exercise of official functions by a member of the team from a participating Member State, Bosnia and Herzegovina may request, via the executive director, that compensation be paid by the participating Member State concerned. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed in the exercise of official functions by a member of the team who is a staff member of the Agency, Bosnia and Herzegovina may request that compensation be paid by the Agency. In case of damage caused in Bosnia and Herzegovina, due to force majeure, neither Bosnia and Herzegovina, nor the participating Member State, nor the Agency, shall hold any responsibility. 7. No measures of execution may be taken in respect of members of the team, except in the case where a criminal or civil proceeding not related to their official functions is instituted against them. Property of members of the team, which is certified by the executive director Executive Director of the Agency to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgment, decision or order. In civil proceedings, members of the team shall not be subject to any restrictions on their personal liberty or to any other measures of constraint. 87. The immunity of members of the team from the jurisdiction of Bosnia and Herzegovina [third country] shall not exempt them from the jurisdictions of the respective home Member States. 98. Members of the team shall, with respect to services rendered for the Agency, be exempt from social security provisions which may be in force in Bosnia and Herzegovina[third country]. 109. Members of the team shall be exempt from any form of taxation in Bosnia and Herzegovina [third country] on the salary and emoluments paid to them by the Agency or the home Member States, as well as on any income received from outside Bosnia and Herzegovina[third country]. 1110. Bosnia and Herzegovina [Third country] shall, in accordance with such laws and regulations as it may adopt, permit the entry of articles for the personal use of members of the team, and shall grant exemption from all customs duties, taxes, and other duties or related charges applicable to the import of goods other than charges for storage, transport and similar services, in respect of such articles. Bosnia and Herzegovina [Third country] shall also allow the export of such articles. 1211. The personal baggage of members of the team may shall be inspected only in cases of justified suspicions exempt from inspection, unless there are serious grounds for considering that it contains articles that are not for the personal use of members of the team, or articles whose import or export is prohibited by the law or subject to quarantine regulations of Bosnia and Herzegovina[third country]. Inspection of such personal baggage shall be conducted only in the presence of the member(s) members of the team concerned or an authorised representative of the Agency.

Privileges and immunities of the. members of the team 1. Members of the team shall not be subject to any form of arrest or detention in the Republic of Serbia. 2. Papers, correspondence and assets property of members of the team shall be inviolable, except in case of measures of execution which are permitted pursuant to paragraph 77 6. 23. Members of the team shall enjoy immunity from the criminal jurisdiction of Bosnia and Herzegovina the Republic of Serbia in respect of the activities all acts performed by them in the exercise of the their official functions in the course of the actions carried out in accordance with the operational planfunctions. In the event of an allegation of a criminal offence being committed by a member the members of the team, the executive director Executive Director of the Agency and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the executive director Executive Director of the Agency, after careful consideration of any representation made by Agency and the competent authority of the home Member State and shall certify to the competent authorities of Bosnia and Herzegovina, shall act expeditiously and certify court whether the act in question was performed in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. Pending the certification by the executive director of the Agency, the Agency and the home Member State shall refrain from taking any measure likely to jeopardise possible subsequent criminal prosecution of the member of the team by the competent authorities of Bosnia and Herzegovinafunctions. If the act was committed in the exercise of official functions, proceedings shall not be initiated. If the member act was not committed in the exercise of official functions, proceedings may continue. The certification by the Executive Director of the Agency and the competent authority of the home Member State shall be binding upon the jurisdiction of the Republic of Serbia which may not contest it. Privileges 1. During the action, members of the team shall benefit from be treated in the same way as police officers of the Republic of Serbia in respect of all criminal offences that might be committed against or by them. 2. The Republic of Serbia may, upon examining all circumstances of a specific case, decide to transfer criminal proceedings to the competent authorities of the home Member State. 3. The Agency shall be held liable for any possible damage caused by members of the team while acting in the Republic of Serbia. granted to members of the team and immunity from the criminal jurisdiction of Bosnia and Herzegovina for the acts performed during and for Republic of Serbia do not exempt them from the purpose jurisdiction of the exercise of the official functions in the course of the actions carried out in accordance with the operational planhome Member State. 34. Members of the team shall enjoy immunity from the civil and administrative jurisdiction of Bosnia and Herzegovina the Republic of Serbia in respect of all acts performed by them in the exercise of their official functions in the course of the actions carried out in accordance with the operational planfunctions. If any civil proceeding is instituted against members of the team before any the Republic of Serbia court, the executive director Executive Director of the Agency and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the executive director Executive Director of the Agency, after careful consideration of any representation made by Agency and the competent authority of the home Member State and the competent authorities of Bosnia and Herzegovina, shall act expeditiously and certify to the court whether the act in question was performed by Members of the team in the exercise of their official functions in the course of the actions carried out in accordance with the operational planfunctions. If the act was performed in the exercise of official functions, the member proceeding shall not be initiated. If the act was not performed in the exercise of official functions, the proceeding may continue. The certification by the Executive Director of the Agency and the competent authority of the home Member State shall be binding upon the jurisdiction of the Republic of Serbia which may not contest it. The initiation of proceedings by members of the team shall benefit preclude them from invoking immunity from the civil and administrative jurisdiction in respect of Bosnia and Herzegovina for the acts performed during and for the purpose of the exercise of the official functions in the course of the actions carried out in accordance any counter-claim directly connected with the operational planprincipal claim. 45. The immunity of members of the teams from the criminal, civil and administrative jurisdiction of Bosnia the Republic of Serbia in accordance with paragraphs 3 and Herzegovina 4 of this article may be waived by the home Member State as the case may be. Such a waiver must always be an express waiver. 56. Members of the team, who are witnesses, may team shall not be obliged by the competent authorities of Bosnia and Herzegovina, with full respect to the provisions of paragraphs 2 and 3, to provide give evidence and in accordance with the procedural provisions of Bosnia and Herzegovina. 6. In case of damage caused by a member of a team in the exercise of official functions in the course of the actions carried out in accordance with the operational plan, Bosnia and Herzegovina shall be liable for any damage. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed in the exercise of official functions by a member of the team from a participating Member State, Bosnia and Herzegovina may request, via the executive director, that compensation be paid by the participating Member State concerned. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed in the exercise of official functions by a member of the team who is a staff member of the Agency, Bosnia and Herzegovina may request that compensation be paid by the Agency. In case of damage caused in Bosnia and Herzegovina, due to force majeure, neither Bosnia and Herzegovina, nor the participating Member State, nor the Agency, shall hold any responsibilityas witnesses. 7. No measures of execution may be taken in respect of members of the team, except in the case where a criminal or civil proceeding not related to their official functions is instituted against them. Property of members of the team, which is certified by the executive director Executive Director of the Agency to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgment, decision or order. In civil proceedings, members of the team shall not be subject to any restrictions on their personal liberty or to any other measures of constraint. 8. The immunity of members of the team from the jurisdiction of Bosnia and Herzegovina the Republic of Serbia shall not exempt them from the jurisdictions of the respective home Member States. 9. Members of the team shall, with respect to services rendered for the Agency, be exempt from social security provisions which may be in force in Bosnia and Herzegovinathe Republic of Serbia. 10. Members of the team shall be exempt from any form of taxation in Bosnia and Herzegovina the Republic of Serbia on the salary and emoluments paid to them by the Agency or the home Member States, as well as on any income received from outside Bosnia and Herzegovinathe Republic of Serbia. 11. Bosnia and Herzegovina The Republic of Serbia shall, in accordance with such laws and regulations as it may adopt, permit the entry of articles for the personal use of members of the team, and shall grant exemption from all customs duties, taxes, and other duties or related charges applicable to the import of goods other than charges for storage, transport and similar services, in respect of such articles. Bosnia and Herzegovina the Republic of Serbia shall also allow the export of such articles. 12. The personal baggage bagage of members of the team may be inspected only in cases of justified suspicions that it contains articles that are not for the personal use of members of the team, or articles whose import or export is prohibited by the law or subject to quarantine regulations of Bosnia and Herzegovinathe Republic of Serbia. Inspection of such personal baggage shall be conducted only in the presence of the member(s) of the team concerned or an authorised representative of the Agency.

Privileges and immunities of the. members of the team 1. The privileges and immunities granted to the members of the team of the Agency aim at ensuring successful exercise of their official functions in the course of the actions carried out in accordance with the Operational Plan on the territory of Montenegro. 2. Papers, correspondence and assets of members of the team shall be inviolable, except in case of measures of execution which are permitted pursuant to paragraph 7. 23. Members of the team shall enjoy immunity from the criminal jurisdiction of Bosnia and Herzegovina Montenegro in respect of the activities acts performed in the exercise of the their official functions in the course of the actions carried out in accordance with the operational planOperational Plan. In the event of an allegation of a criminal offence being committed by a member of the team, the executive director Executive Director of the Agency and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the executive director Executive Director of the Agency, after careful consideration of any representation made by the competent authority of the home Member State and the competent authorities of Bosnia and HerzegovinaMontenegro, shall act expeditiously and certify to the court whether the act in question was performed in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. Pending the certification by the executive director Executive Director of the Agency, the Agency and the home Member State shall refrain from taking any measure likely to jeopardise possible subsequent criminal prosecution of the member of the team by the competent authorities of Bosnia and HerzegovinaMontenegro. If the act was committed in the exercise of official functions, the member proceeding shall not be initiated. If the act was not performed in the exercise of official functions, the proceeding may continue. The certification by the Executive Director of the Agency shall be binding upon the competent authorities of Montenegro. Privileges granted to members of the team shall benefit from and immunity from the criminal jurisdiction of Bosnia and Herzegovina for Montenegro do not exempt them from the acts performed during and for the purpose jurisdiction of the exercise home Member State. The immunity of members of the official functions in team from the course criminal, civil and administrative jurisdiction of Montenegro may be waived by the actions carried out in accordance with home Member State as the operational plancase may be. Such a waiver must always be an express waiver. 34. Members of the team shall enjoy immunity from the civil and administrative jurisdiction of Bosnia and Herzegovina Montenegro in respect of all acts performed by them in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. If any civil proceeding is instituted against members of the team before any Montenegro court, the executive director Executive Director of the Agency and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the executive director Executive Director of the Agency, after careful consideration of any representation made by the competent authority of the home Member State and the competent authorities of Bosnia and HerzegovinaMontenegro, shall act expeditiously and certify to the court whether the act in question was performed by Members of the team in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. If the act was performed in the exercise of official functions, the member proceeding shall not be initiated. If the act was not performed in the exercise of official functions, the proceeding may continue. The certification by the Executive Director of the Agency shall be binding upon the jurisdiction of Montenegro. The initiation of proceedings by members of the team shall benefit preclude them from invoking immunity from the civil and administrative jurisdiction in respect of Bosnia and Herzegovina for the acts performed during and for the purpose of the exercise of the official functions in the course of the actions carried out in accordance any counter-claim directly connected with the operational plan. 4. The immunity of members from the criminal, civil and administrative jurisdiction of Bosnia and Herzegovina may be waived by the home Member State as the case may be. Such a waiver must always be an express waiverprincipal claim. 5. Members of the team, who are witnesses, may be obliged by the competent authorities of Bosnia and HerzegovinaMontenegrin authorities, with full respect to the provisions provision of paragraphs 2 Articles 6.paragraphs 3 and 36.4, to provide evidence through a statement and in accordance with the Montenegrin procedural provisions of Bosnia and Herzegovinaprovisions. 6. In case of damage caused by a member of a team in the exercise of official functions in the course of the actions carried out in accordance with the operational planOperational Plan, Bosnia and Herzegovina the Republic of Montenegro shall be liable for any damage. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed in the exercise of official functions by a member of the team from a participating Member State, Bosnia and Herzegovina the Republic of Montenegro may request, via the executive directorExecutive Director of the Agency, that compensation be paid by the participating Member State concerned. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed in the exercise of official functions by a member of the team who is a staff member of the Agency, Bosnia and Herzegovina the Republic of Montenegro may request that compensation be paid by the Agency. In case of damage caused in Bosnia and HerzegovinaMontenegro, due to force majeure, neither Bosnia and Herzegovina, Montenegro nor the participating Member State, member state nor the Agency, shall hold any responsibility. 7. No measures of execution may be taken in respect of members of the team, except in the case where a criminal or civil proceeding not related to their official functions in the course of the actions carried out in accordance with the Operational Plan is instituted against them. Property of members of the team, which is certified by the executive director Executive Director of the Agency to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgment, decision or order. In civil proceedings, members of the team shall not be subject to any restrictions on their personal liberty or to any other measures of constraint. 8. The immunity of members of the team from the jurisdiction of Bosnia and Herzegovina Montenegro shall not exempt them from the jurisdictions of the respective home Member States. 9. Members of the team shall, with respect to services rendered for the Agency, be exempt from social security provisions which may be in force in Bosnia and HerzegovinaMontenegro. 10. Members of the team shall be exempt from any form of taxation in Bosnia and Herzegovina Montenegro on the salary and emoluments paid to them by the Agency or the home Member States, as well as on any income received from outside Bosnia and HerzegovinaMontenegro. 11. Bosnia and Herzegovina Montenegro shall, in accordance with such laws and regulations as it may adopt, permit the entry of articles for the personal use of members of the team, and shall grant exemption from all customs duties, taxes, and other duties or related charges applicable to the import of goods other than charges for storage, transport and similar services, in respect of such articles. Bosnia and Herzegovina Montenegro shall also allow the export of such articles. 12. The personal baggage of members of the team may be inspected only in cases of justified suspicions that it contains articles that are not for the personal use of members of the team, or articles whose import or export is prohibited by the law or subject to quarantine regulations of Bosnia and HerzegovinaMontenegro. Inspection of such personal baggage shall be conducted only in the presence of the member(s) of the team concerned or an authorised representative of the Agency.

Privileges and immunities of the. members of the team 1. The privileges and immunities granted to the members of the team aim at ensuring the successful exercise of their official functions in the course of the actions carried out in accordance with the operational plan on the territory of Montenegro. 2. Papers, correspondence and assets of members of the team shall be inviolable, except in case of measures of execution which are permitted pursuant to paragraph 78. 23. Members of the team shall enjoy immunity from the criminal jurisdiction of Bosnia and Herzegovina Montenegro in respect of the activities acts performed in the exercise of the their official functions in the course of the actions carried out in accordance with the operational plan. In the event of an allegation of a criminal offence being committed by a member of the team, the executive director of the Agency and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the executive director of the Agencydirector, after careful consideration of any representation made by the competent authority of the home Member State and the competent authorities of Bosnia and HerzegovinaMontenegro, shall act expeditiously and certify to the court whether the act in question was performed in the exercise of their the member's official functions in the course of the actions carried out in accordance with the operational plan. Pending the certification by the executive director of the Agencydirector, the Agency and the home Member State shall refrain from taking any measure likely to jeopardise possible subsequent criminal prosecution of the member of the team by the competent authorities of Bosnia and HerzegovinaMontenegro. If Where the executive director certifies that the act was committed performed in the exercise of official functions, the member of the team shall benefit from immunity from the criminal jurisdiction of Bosnia and Herzegovina for the acts performed during and for the purpose of the exercise of the official functions of the member of the team in the course of the actions carried out in accordance with the operational plan, the proceeding shall not be initiated. If the executive director certifies that the act was not performed in the exercise of the official functions of the member of the team, the proceeding may be initiated. The certification by the executive director shall be binding upon the competent authorities of Montenegro. Privileges granted to members of the team and immunity from the criminal jurisdiction of Montenegro do not exempt them from the jurisdiction of the home Member State. 34. Members of the team shall enjoy immunity from the civil and administrative jurisdiction of Bosnia and Herzegovina Montenegro in respect of all acts performed by them in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. If any civil or administrative proceeding is instituted against members a member of the team before any Montenegro court, the executive director of the Agency and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the executive director of the Agencydirector, after careful consideration of any representation made by the competent authority of the home Member State and the competent authorities of Bosnia and HerzegovinaMontenegro, shall act expeditiously and certify to the court whether the act in question was performed by Members the member of the team in the exercise of their his official functions in the course of the actions carried out in accordance with the operational plan. If Where the executive director certifies that the act was performed in the exercise of the official functions, functions of the member of the team in the course of the actions carried out in accordance with the operational plan, the proceeding shall benefit not be initiated. If the executive director certifies that the act was not performed in the exercise of the official functions of the member of the team, the proceeding may be initiated. The certification by the executive director shall be binding upon the jurisdiction of Montenegro. The initiation of civil or administrative proceedings by members of the team shall preclude them from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim. 5. The immunity of the members of the team from the criminal, civil and administrative jurisdiction of Bosnia Montenegro may be waived by the home Member State as the case may be. Such a waiver shall always be an express waiver. 6. Members of the team who are witnesses may be obliged by the competent authorities of Montenegro, while respecting paragraphs 3 and Herzegovina for 4, to provide evidence through a statement and in accordance with the acts performed during and for procedural law of Montenegro. 7. In case of damage caused by a member of the purpose of team in the exercise of the official functions in the course of the actions carried out in accordance with the operational plan. 4. The immunity of members from the criminal, civil and administrative jurisdiction of Bosnia and Herzegovina may be waived by the home Member State as the case may be. Such a waiver must always be an express waiver. 5. Members of the team, who are witnesses, may be obliged by the competent authorities of Bosnia and Herzegovina, with full respect to the provisions of paragraphs 2 and 3, to provide evidence and in accordance with the procedural provisions of Bosnia and Herzegovina. 6. In case of damage caused by a member of a team in the exercise of official functions in the course of the actions carried out in accordance with the operational plan, Bosnia and Herzegovina Montenegro shall be liable for any damage. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed performed in the exercise of the official functions by a member of the team from a participating Member State, Bosnia and Herzegovina Montenegro may request, via the executive director, that compensation be paid by the participating Member State concerned. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed performed in the exercise of the official functions by a member of the team who is a staff member of the Agency, Bosnia and Herzegovina Montenegro may request that compensation be paid by the Agency. In case of damage caused in Bosnia and HerzegovinaMontenegro, due to force majeure, neither Bosnia and HerzegovinaMontenegro, nor the participating Member State, nor the Agency, Agency shall hold any responsibility. 78. No measures of execution may be taken in respect of members of the team, except in the case where a criminal or civil proceeding not related to their official functions held in the course of the actions carried out in accordance with the operational plan is instituted against them. Property of members of the team, which is certified by the executive director of the Agency to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgment, decision or order. In civil proceedings, members of the team shall not be subject to any restrictions on their personal liberty or to any other measures of constraint. 89. The immunity of members of the team from the jurisdiction of Bosnia and Herzegovina Montenegro shall not exempt them from the jurisdictions of the respective home Member States. 910. Members of the team shall, with respect to services rendered for the Agency, be exempt from social security provisions which may be in force in Bosnia and HerzegovinaMontenegro. 1011. Members of the team shall be exempt from any form of taxation in Bosnia and Herzegovina Montenegro on the salary and emoluments paid to them by the Agency or the home Member States, as well as on any income received from outside Bosnia and HerzegovinaMontenegro. 1112. Bosnia and Herzegovina Montenegro shall, in accordance with such its laws and regulations as it may adoptregulations, permit the entry of articles for the personal use of members of the team, and shall grant exemption from all customs duties, taxes, and other duties or related charges applicable to the import of goods other than charges for storage, transport and similar services, in respect of such articles. Bosnia and Herzegovina Montenegro shall also allow permit the export of such articles. 1213. The personal baggage of members of the team may be inspected only in cases of justified suspicions that it contains articles that are not for the personal use of members of the team, or articles whose import or export is prohibited by the law or subject to quarantine regulations of Bosnia and HerzegovinaMontenegro. Inspection of such personal baggage shall be conducted only in the presence of the member(s) of the team concerned or an authorised representative of the Agency.