Joint Declaration in relation to Article 46 (2)

Joint Declaration in relation to Article 46 (2)

The Parties confirm their mutual understanding that the question of whether activities are connected, even occasionally, with the exercise of official authority in their respective territories, depends upon the circumstances of each particular case. An examination, in each particular case, whether such activities are connected with:

- the right to use physical constraint, or

- the exercise of judicial functions, or

- the right unilaterally to enact binding regulations,

will help to determine the answer to such questions.