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PART IV
MISCELLANEOUS PROVISIONS

ARTICLE 40

1. The competent authorities of the Participating States shall communicate to each other—
1. (a) all information concerning measures taken by them for the application of this convention; and
1. (b) all information concerning their legislation and subsequent amendments of such legislation which may affect the application of this Convention; and
1. (c) all statistical information concerning beneficiaries and the amount of benefits paid under this Convention.

2. For the purpose of the application of this Convention, the competent authorities and competent institutions
1. (a) assist one another as if they were applying their own legislation; and of the Participating States shall
1. (b) provide administrative assistance, free of charge however, the competent authorities of the Participating States may agree to reimburse certain expenses.

3. For the purpose of the application of this Convention the competent authorities and competent institutions of the Participating States may communicate directly with one another and with the persons concerned or their representatives.

ARTICLE 41

Any exemption from, or reduction of, taxes, stamp duty, legal or registration costs specified by the legislation of one Participating State with respect to the certificates, documents or other documentary evidence to be submitted under the legislation of that State shall be extended to cover similar certificates, documents or other documentary evidence to be submitted under the legislation of another Participating State or under this Convention.

ARTICLE 42

1. If the claimant is resident in a Participating State other than the competent State, he may validly submit his claim to the institution of his place of residence, which shall refer it to the competent institution or institutions mentioned in the application.

2. Any claim, application, declaration or appeal which should have been made under the legislation of a Participating State within a prescribed time limit to an authority, institution or jurisdiction of that State shall be admissible if it is submitted within the same time limit to an authority, institution or jurisdiction of another Participating States. In such event, the authority, institution or jurisdiction receiving the claim, application, declaration or appeal, shall transmit it without delay to the competent authority, institution or jurisdiction of the first State, either directly or through the competent authority, institution or jurisdiction of the Participating States concerned. The date on which any claim, application, declaration or appeal was submitted to an authority, institution or jurisdiction of the second State shall be deemed to be the date on which it was lodged with the competent authority, institution or jurisdiction.

ARTICLE 43

Investigations or medical examinations prescribed by the legislation of one Participating State may, at the request of the institution which administers such legislation, be carried out in the territory of another Participating State by the institution of the place of stay or residence, and in this case, they shall be deemed to have been made in the territory of the first State.

ARTICLE 44

1. Where, under this Convention, the competent institution of a Participating State is liable to pay cash benefits to a beneficiary who is staying or is in the territory of another Participating State, the liability shall be expressed in the currency of the first State. That institution concerned shall validly discharge its liability in the currency of the second State.

2. Where, under this Convention, the competent institution of a Participating State is liable to pay sums in refund of benefits paid out by the institution of another participating State, its liability shall be expressed in the currency of the second State; the first institution shall validly discharge its liability in the currency of the second State, unless the Participating States concerned have agreed to other ways of settlement.

3. Transfers of funds as a result of the application of this Convention shall be made in accordance with the agreements in this subject, at the time of such transfer, between the Participating States concerned, calling such agreements, the necessary measures for making such transfers shall be drawn up by mutual agreement between the said States.

ARTICLE 45

1. Any dispute arising between 2 or more Participating States as to the interpretation or application of this Convention first be subject to negotiation between the States parties to the dispute.

2. Where the dispute is not settled within 3 months from the request for commencement of negotiations as prescribed in paragraph 1 of this Article, the dispute shall be submitted to arbitration on the written request of any of the Participating States.

3. The written request shall be addressed to the Director General who shall promptly notify the Parties to the dispute of his receipt of the request for arbitration.

4. Any dispute to be submitted to arbitration shall be referred to a tribunal consisting of 3 arbitrators. Each Party to the dispute shall appoint an arbitrator and the 2 arbitrators so appointed shall appoint the third arbitrator who shall be the Chairman. The Chairman must be a person with legal qualifications.

5. For the purposes of establishing a tribunal referred to in the preceding paragraph, a list of arbitrators consisting of persons experienced in the practice of Social Security shall be draw up and maintained by the Director General. To this end, every Participating State shall be invited to nominate 2 persons, and the names of the persons so nominated shall constitute the list. The term of an arbitrator, including that of any arbitrator nominated to fill a vacancy, shall be 3 years and may be renewed. The Chairman need not be appointed from the list.

6. If within 30 days following the date of notification by the Director General in accordance with paragraph 3 of this Article either Party fails to appoint an arbitrator, either Party may request the Director General to appoint the other arbitrator. If within 15 days of appointment of the last of the 2 arbitrators the Chairman has not been appointed, either Party may request the Director General to appoint the Chairman.

7. Where more than 2 Participating States are Parties to a dispute; the Parties concerned shall agree among themselves on the arbitrators to be appointed from the list. In the absence of such appointment within the prescribed period, the Director General shall appoint a sole arbitrator whether from the list or otherwise, for the purpose.

8. The arbitral tribunal so established shall make a determination within 90 days from the date of its constitution. The decision of a sole arbitrator or of a majority in other cases shall be accepted by the Parties to the dispute as the final adjudication thereof.

9. The procedure of the tribunal shall be fixed by the arbitrators but the Chairman shall be empowered to settle all questions of procedure in any case where there is disagreement.