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The Swiss Federal Council, on the one hand, the European Free Trade Association, on the other,
In view of art. 35, para. 2 of the Convention establishing the European Free Trade Association of 4 January 1960 1 ,
In view of the decision of the European Free Trade Association to establish its permanent headquarters in Geneva,
The following Agreement has been concluded which determines the legal status of the European Free Trade Association in Switzerland.
The Swiss Federal Council recognises the international personality and legal capacity in Switzerland of the European Free Trade Association (hereinafter referred to as the Association).
The Association shall enjoy the immunities and privileges normally accorded to international organizations. Customs privileges and facilities shall be granted in accordance with the customs procedure 1 Of the Federal Council applicable to international organisations which is annexed to this Agreement.
1 Not published to OR.
The grounds and premises of the Association, as well as the premises occupied by the Association at conferences or meetings organised by the Association, shall be inviolable. No official of the Swiss public authority shall enter without the express consent of the Secretary-General or his duly authorized representative.
2. The archives of the Association and in general all documents belonging to or in the possession of the Association shall be inviolable.
The Swiss Federal Council acknowledges to the Association and to the representatives of its member states, in their relations with it, an absolute freedom of assembly with freedom of discussion and decision.
(1) The Association shall enjoy, for itself, its properties and property, whatever the place where they are or the person holding them, from immunity in respect of any form of judicial action, except to the extent that such immunity has been Formally lifted by the Secretary-General or the person delegated by him or her.
2. The properties and property of the Association, regardless of where they are located or the person holding them, shall enjoy immunity in respect of any search, requisition, confiscation, expropriation, sequestration and any Other form of seizure or interference by any public authority of any kind.
The Association's publications and its intended publications are not subject to import and export prohibitions or restrictions.
1. The Association is exempt from direct federal, cantonal and communal taxes. However, for real property, this exemption will apply only to those owned and occupied by the Association, as well as to the revenues derived from it.
2. The Association is exempt from federal, cantonal and communal indirect taxes. With respect to the federal tax on turnover, included in prices or transferred in an apparent manner, however, the exemption is only permitted for acquisitions for the official use of the Association, provided that the amount Invoiced for one acquisition alone exceeds 100 Swiss francs.
3. The Association is exempt from all federal, cantonal and communal taxes, with the exception of those that represent, in fact, mere remuneration for public services.
4. Where applicable, the exemptions mentioned above shall be made by way of reimbursement, at the request of the Association and following a procedure to be determined by the Association and the competent Swiss authorities. With regard to customs duties, s. 36 of the Customs Regulation of the Federal Council applicable to international organisations remains reserved.
1. The Association may receive and hold any funds, currencies, numeraries and other securities, and freely dispose of them both in Switzerland and abroad.
2. The benefit of this Article shall be extended to the Member States and Associated States in their relations with the Association.
1. The Association shall receive, in its official communications, at least as favourable treatment as that provided to other international institutions in Switzerland:
2. The Association shall have the right to use codes for its official communications.
No censorship shall be exercised in respect of duly authenticated official communications of the Association, regardless of the means of communication used.
(1) The Swiss authorities shall take all necessary measures to facilitate the entry into Switzerland, the exit of that territory and the stay to all persons called, as an offering, to the Association, namely:
2. All measures concerning the Federal Police of Foreigners and aiming to restrict the entry into Switzerland of foreigners or to control the conditions of their stay shall be without application in respect of the persons referred to in this Article.
For the purposes of this Agreement, the term representative shall be considered to include all delegates, assistant delegates, advisers, technical experts and secretaries of delegation.
(1) Representatives of the member States of the Association, who are called in official capacity with the Association, shall be assimilated to diplomatic agents and shall enjoy, during the performance of their duties in Switzerland and during the course of travel to or from From the place of assembly, the immunities and privileges generally recognized in Switzerland to these diplomatic agents. However, customs privileges and facilities shall be granted in accordance with the customs regulations of the Federal Council applicable to international organisations.
2. Privileges and immunities shall be accorded to the representatives of the member States of the Association, not to their personal benefit, but with the aim of ensuring, in complete independence, the exercise of their functions in relation to the Association. Therefore, a Member State of the Association not only has the right, but the duty to waive the immunity of its representative in all cases where, in its opinion, immunity would impede the action of justice and where it can be lifted without compromising The purposes for which it was granted.
The representatives of the associated States shall be placed on the same footing as the representatives of the Member States with regard to the system of privileges and immunities.
1. The Secretary-General of the Association and the main officials belonging to the categories designated by the Council of the Association or the person appointed by him delegate, and approved by the Swiss Federal Council shall enjoy the privileges and Immunities accorded to diplomatic agents.
2. Customs privileges and facilities shall be granted in accordance with the customs regulations of the Federal Council applicable to international organisations.
All civil servants of the Association, irrespective of their nationality, are exempt, even after the persons concerned have ceased to be employed by the Association, of any jurisdiction for acts performed in the performance of their duties, Including their words and writings.
Officials of the Association who do not have Swiss nationality:
1. The Secretary-General of the Association or the person by his or her delegate shall communicate to the Swiss Federal Council the list of officials of Swiss nationality who are subject to obligations of a military nature.
2. The Secretary-General of the Association or the person by his delegate and the Swiss Federal Council shall, by mutual agreement, establish a restricted list of officials of Swiss nationality who, by reason of their duties, benefit from Exemptions.
3. In case of mobilization, the Secretary-General of the Association shall have the opportunity to request, through the Federal Political Department, for Swiss officials, a stay of appeal or any other appropriate measures.
1. The Federal Political Department shall provide to the Association, for each official, his or her spouse and children living in common household, a legitimising card bearing the photograph of the holder. This map, which is authenticated by the Federal Political Department and the Association, serves as the legitimation of the holder in respect of any federal, cantonal and communal authority.
2. The Association shall communicate regularly to the Federal Political Department the list of officials of the Association and members of the family, indicating for each of them the date of birth, nationality, residence in Switzerland and The category or function class to which they belong.
1. Any pension fund or provident institution formally exercising its activity in favour of civil servants of the Association shall have the legal capacity in Switzerland, if it observes the forms provided for in that effect by Swiss law. It shall enjoy, to the extent of its activity in favour of such officials, the same exemptions, immunities and privileges as the Association itself.
2. Funds and foundations, whether or not they have a legal personality, administered under the auspices of the Association and assigned to its official purposes, shall enjoy the same exemptions, immunities and privileges as the Association itself, in respect of Their movable property.
The Association shall be exempt from all compulsory contributions to general social welfare institutions, such as compensation funds, unemployment insurance funds, accident insurance, etc., on the understanding that the Association Ensure, to the extent possible and under conditions to be agreed, the affiliation with the Swiss insurance systems of those of its agents who are not insured by the Association itself.
1. The privileges and immunities provided for in this Agreement shall not be established for the purpose of providing employees of the Association with Personal Benefits and conveniences. They shall be established solely in order to ensure, in all circumstances, the free functioning of the Association and the complete independence of its agents.
(2) The Secretary-General shall have the right and the duty to waive the immunity of an official when he considers that such immunity shall prevent the normal course of justice and may be waived without prejudice to the interests of the Association. With regard to the Secretary-General, the Council has the capacity to waive immunities.
The Association and the Swiss authorities shall cooperate at all times with a view to facilitating the proper administration of justice, ensuring compliance with police regulations and preventing any abuse of the privileges, immunities and facilities provided for in the Agreement.
The Association shall make appropriate arrangements for the satisfactory resolution of:
Switzerland shall not, by virtue of the activity of the Association in its territory, incur any international responsibility for the acts and omissions of the Association or for those of its acting or abstaining in the course of their duties.
Nothing in this Agreement shall affect the right of the Swiss Federal Council to take all necessary precautions in the interest of the security of Switzerland.
2. In the event that it considers it necessary to apply the first paragraph of this Article, the Swiss Federal Council shall, as soon as circumstances permit, permit it, in connection with the Association, to adopt, by mutual agreement, the measures Necessary to protect the interests of the Association.
3. The Association shall cooperate with the Swiss authorities in order to avoid prejudice to the security of Switzerland as a result of its activity.
The Federal Political Department shall be responsible for the execution by the Swiss Confederation of this Agreement.
(1) Any difference of opinion concerning the application or interpretation of this Agreement, which could not be settled by direct talks between the parties, may be submitted by either party to the assessment of a tribunal composed of Three members to be constituted upon the entry into force of this Agreement.
2. The Swiss Federal Council and the Association shall each appoint a member of the court.
3. The members so appointed shall select their chairperson.
4. In the event of disagreement between the members concerning the person of the President, the President shall be appointed by the President of the International Court of Justice at the request of the members of the Tribunal.
(5) The court shall be seized by either party by way of a request.
6. The court shall determine its own procedure.
This Agreement shall enter into force as soon as it has been signed on behalf of the Swiss Federal Council and on behalf of the Council of the Association.
(1) This Agreement may be revised at the request of either party.
2. In this event, both Parties shall consult on any amendments to the provisions of this Agreement.
3. In the event that the negotiations do not result in an agreement, the Agreement may be terminated by either party with two years' notice.
Done and signed at the headquarters of the European Free Trade Association in Geneva on 10 August 1961, in duplicate.
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RO 1961 763