Privileges and Immunities of the Team Members
1. Team members shall not be subject to any form of arrest or detention in the Republic of Moldova or by authorities of the Republic of Moldova.
2. Team members shall not be subject to any form of inquiry or legal proceedings in the Republic of Moldova or by authorities of the Republic of Moldova, except under the circumstances as referred to in paragraphs 3 and 4 of this Article.
3. Team members shall enjoy immunity from the criminal jurisdiction of the Republic of Moldova under all circumstances.
The immunity from the criminal jurisdiction of the Republic of Moldova of team members who are members of the Agency's statutory staff may be waived by the Agency's executive director.
The immunity from the criminal jurisdiction of the Republic of Moldova of team members who are not members of the Agency's statutory staff may be waived by the competent authorities of the member's home Member State.
Such a waiver of immunity must be express and in writing.
4. Team members shall enjoy immunity from the civil and administrative jurisdiction of the Republic of Moldova in respect of all acts performed by them in the exercise of their official functions.
If civil or administrative proceedings are instituted against a team member before any court of the Republic of Moldova, the competent authorities of the Republic of Moldova shall immediately notify the Agency's executive director thereof.
Prior to the initiation of such proceeding before a court, the Agency's executive director shall certify to the court whether the act in question was performed by team members in the exercise of their official functions. If the act was performed in the exercise of official functions, the 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 Agency's executive director shall be binding upon the jurisdiction of the Republic of Moldova, which may not contest it.
The initiation of proceedings by team members shall preclude them from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.
5. The premises, dwellings, means of transport and communications, and possessions, including any correspondence, documents, identity papers and assets of team members shall be inviolable, except in case of measures of execution as permitted pursuant to paragraph 9 of this article.
6. The Republic of Moldova shall be liable for any damage caused by team members to third parties in the exercise of their official functions.
7. In case of damage caused by gross negligence or wilful misconduct or not in the exercise of official functions by a team member who is a member of the statutory staff of the Agency, the Republic of Moldova may request, via the Agency's executive director, that compensation be paid by the Agency.
In case of damage caused by gross negligence or wilful misconduct or not in the exercise of official functions by a team member who is not a member of the statutory staff of the Agency, the Republic of Moldova may request, via the Agency's executive director, that compensation be paid by the home Member State concerned.
8. Team members shall not be obliged to give evidence as witnesses in legal proceedings in the Republic of Moldova.
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