Rs 0.192.122.632.3 On 10 August 1961 Agreement Between The Swiss Federal Council, And The European Free Trade Association To Determine The Legal Status Of This Association In Switzerland

Original Language Title: RS 0.192.122.632.3 Accord du 10 août 1961 entre le Conseil fédéral suisse et l’Association européenne de libre-échange pour déterminer le statut juridique de cette Association en Suisse

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0.192.122.632.3 original text agreement between the Swiss federal Council, and the European Association of free trade to determine the legal status of this Association in Switzerland concluded on August 10, 1961, entered into force on 10 August 1961 the federal Council Swiss, on the one hand, the Association European of free trade, on the other hand, saw art. 35, al. 2 of the Convention establishing the European Free Trade Association, from January 4, 1960, given the decision of the European Free Trade Association to set its permanent headquarters in Geneva, concluded the agreement which determines the legal status of the European Association of free trade in Switzerland.

Art. 1 personality the Swiss federal Council acknowledges the international personality and legal capacity in Switzerland of the European Free Trade Association (hereinafter the Association).

Art. 2 immunities the Association enjoys the immunities and privileges usually granted to international organizations. The privileges and customs facilities are granted in accordance with the customs regulations of the federal Council applicable to international organizations which is annexed to this agreement.

Not published in the RO.

Art. 3 inviolability 1. The lands and premises of the Association, as well as the premises occupied by the Association in conferences or meetings organized by it, are inviolable. No agent of the Swiss public authority cannot 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 which belong to him or in his possession shall be inviolable.

Art. 4 freedom of Swiss federal Council meeting recognizes the Association and representatives of its States members, in their dealings with her, freedom of absolute meeting with freedom of discussion and decision-making.

Art. 5 immunity from jurisdiction and immunity in respect of other measures 1. The Association has, for itself, its properties and assets, regardless of where they are located or the person holding them, the immunity from any form of legal action, except to the extent where this immunity has been formally lifted by the Secretary-General or the person delegated by him.
2. the property and assets of the Association, regardless of the place where they are or the person holding them, enjoy immunity against all measure of search, requisition, confiscation, expropriation, sequestration and any other form of seizure or interference by any public authority of any kind.

Art. 6 publications the publications of the Association and those intended for him are not subject to prohibitions or restrictions on import and export.

Art. 7 taxation of the Association 1. The Association is exempt from direct taxes federal, cantonal and municipal. However, for buildings, this exemption apply only to those which the Association owns and which are occupied by its services, as well as income coming in.
2 the Association is exempt from indirect federal, cantonal and municipal taxes. Regarding the federal on the turnover, included in the price, or transferred apparent tax, exemption is allowed however for acquisitions for the official of the Association use, on condition that the amount charged for a single purchase over 100 Swiss francs.
3. the Association is exempt from all federal, cantonal and communal, taxes except those that don't represent, in fact, that the simple compensation of public services.
4. If it is necessary, the exemptions mentioned above will be conducted by way of refund, at the request of the Association and according to a procedure to be determined by the Association and the competent Swiss authorities. Regarding customs duties, art. 36 of the customs regulations of the federal Council applicable to international organizations remains reserved.

Art. 8 free disposal of funds 1. The Association may receive and hold all funds, all cash and other securities, currencies and dispose freely both in Switzerland and abroad.
2. the benefit of this article is extended to the Member States and the associated States, in their relations with the Association.

Art. 9 official communications 1. The Association has, in its official communications, treatment at least as favourable as that provided to other international institutions in Switzerland: a. for all communications and transportation priorities; b. For fees and charges, postal, telegraphic, radio-telegraph, telephone, radio-telephone, telephotographiques, etc. c. for the preferential rates for communications to the press and broadcasting, either directly or through.

2. the Association shall have the right to use codes for its official communications.

Art. 10 exemption from censorship censorship cannot be exercised with respect to official communications duly authenticated Association, regardless of the channel used.

Art. 11 freedom of access and residence 1. The Swiss authorities take all necessary measures to facilitate the entry into Swiss territory, leaving the territory and the stay to all people called, as offlicielle, with the Association, is: a. the representatives of the Member States, regardless of the relationship between the Switzerland and these States; b. The Secretary-General and the staff of the Association; c. People, whatever their nationality, called by the Association.

2. all measures concerning the Federal aliens police and aimed to restrict the entry into Switzerland of foreigners or control the conditions of their stay are without application to the persons referred to in this article.

Art. 12 representatives for the purposes of this agreement the term representative is considered as including all delegates, Deputy delegates, advisers, technical experts and Secretaries of delegation.

Art. 13 immunities of the representatives of the Member States of the Association 1. The representatives of the States members of the Association, called in an official capacity with the Association, are assimilated to diplomatic agents and enjoy during the exercise of their functions in Switzerland and during travel to or from the place of meeting, generally recognized privileges and immunities in Switzerland to these diplomatic agents. However, the privileges and customs facilities are granted in accordance with the customs regulations of the federal Council applicable to international organizations.
2. privileges and immunities are granted to the representatives of the States members of the Association, not for their personal benefit, but in order to ensure complete independence in the exercise of their functions in connection with the Association. Therefore, a Member State of the Association has not only the right but the duty to waive the immunity of its representative in any case where, in his opinion, immunity would impede the action of justice and where it can be lifted without compromising the purpose for which it was granted.

Art. 14 immunities of the representatives of the States involved the representatives of the States involved are placed on the same footing as the representatives of the Member States with regard to the regime of privileges and immunities.

Art. 15 immunities of the Secretary-General and officials 1. The general Secretary of the Association and key officials in the categories designated by the Board of the Association or the RIP sounds delegated by him and approved by the Swiss federal Council enjoy the privileges and immunities recognized to diplomatic agents.
2. the privileges and customs facilities are granted in accordance with the customs regulations of the federal Council applicable to international organizations.

Art. 16 immunity from jurisdiction of all officials of the Association officials, regardless of their nationality, are exempt, even though people have ceased to be at the service of the Association, of any jurisdiction for acts performed in the exercise of their functions, including their words and written.

Art. 17 exemptions and facilities accorded to officials not Swiss officials of the Association who do not have Swiss nationality:

a. are exempt from all federal, cantonal and municipal income taxes on the salaries, emoluments and allowances paid by the Association; are also exempt at the time of their payment entitlements in capital under any circumstances whatsoever by a pension fund or a pension within the meaning of art. 20 of this agreement; on the other hand, the income from the capital paid, as well as annuities and pensions paid to former officials of the Association do not tax exemption; (b) are exempt from any obligation with respect to national service in Switzerland, c. Are subject, whether in respect to exchange facilities, the same privileges as those granted to officials of international organizations based in Switzerland; e. enjoy, as well as members of their family living at their expense the members of their family living at their expense, the provisions limiting immigration and registration of foreigners; d. enjoy , the same facilities to repatriation as diplomatic agents in time of international crisis; f. enjoy the customs, facilities provided by the customs regulations of the federal Council applicable to international organizations.

Art. 18 military service of Swiss officials 1. The general Secretary of the Association or the person delegated by him shall communicate to the Swiss federal Council the list of officials of Swiss nationality subject to obligations of a military character.
2. the general Secretary of the Association or the person delegated by him, and the Swiss federal Council established, by mutual agreement, a shortlist of officials of Swiss nationality who, because of their functions, enjoy exemptions.
3. in the event of mobilization, the Secretary general of the Association has the possibility to request, through the federal political Department, for officials of Swiss nationality, a stay of appeal or any other appropriate measures.

Art. 19 legitimation card 1. The federal political department back to the Association, for each staff member, spouse and children dependent on common household, with the photograph of the holder legitimation card. This card, authenticated by the federal political Department and the Association, is used to the legitimation of the holder against any federal, cantonal and communal authorities.
2. the Association regularly to the federal political Department the list of officials of the Association and the members of the family, indicating for each of them the date of birth, nationality, domicile in Switzerland and the category or class of service to which they belong.

Art. 20 pension funds and special funds 1. Any pension fund or pension fund officially operating in favour of the officials of the Association was legal in Switzerland, if it observes the forms provided for this purpose by the Swiss law. It has, to the extent of its activity in favour of such officials, the same exemptions, immunities and privileges as the Association itself.
2. the funds and foundations, gifted or not legal personality, and assigned to its official goals, managed under the auspices of the Association benefit from the same exemptions, immunities and privileges as the Association itself, with respect to their property.

Art. 21 foresight social the Association is exempt from all compulsory contributions to institutions in the general welfare, such as the compensation funds, funds of unemployment insurance, the insurance-accidents, etc., with the understanding that the Association shall, to the extent possible and under conditions to be agreed, the affiliation to the systems of those of its agents who are not insured by the Association itself equivalent social protection insurance.

Art. 22 subject of immunities 1. The privileges and immunities provided for in this agreement are not established with a view to grant benefits to officials of the Association and personal amenities. They are instituted only in order to ensure, in all circumstances, the free functioning of the Association and the complete independence of its agents.
2. the Secretary-General has the right and the duty to waive the immunity of an official when he deems that this immunity prevents the normal game of justice and that it is possible to give it up without harming the interests of the Association. With respect to the Secretary general, the Council has quality to waive immunities.

Art. 23 prevention of abuses the Association and the Swiss authorities will cooperate at all times to facilitate the proper administration of justice, to ensure compliance of police regulations and prevent any abuse of the privileges, immunities and facilities provided for in this agreement.

Art. 24 private disputes the Association arranges appropriate satisfactory resolution: a. disputes arising from contracts to which the Association is a party and other disputes on a point of law; b. Disputes in which involved an official of the Association who enjoys because of his official position, of immunity, if immunity has not been lifted in accordance with the provisions of art. 22 art. 25 Disclaimer of the Switzerland the Switzerland incur, as a result of the activity of the Association on its territory any international responsibility any for acts and omissions of the Association or for those of its acting or refraining as part of their duties.

Art. 26 security of Switzerland 1. Nothing in this Agreement shall affect the right of the Swiss federal Council to take all useful precautions in the interests of safety of the Switzerland.
2. in the event that it was necessary to apply paragraph 1 of this article the Swiss federal Council starts as soon as the circumstances allow it, in connection with the Association to stop, by mutual agreement, measures to protect the interests of the Association.
3 the Association is working with Swiss authorities to avoid any prejudice to the safety of the Switzerland of the fact of its activity.

Art. 27 performance of the federal agreement by the political Switzerland. the Department is responsible for enforcement by the Swiss Confederation to the agreement.

Art. 28 jurisdiction 1. Any divergence of views concerning the application or interpretation of this agreement, which could not be resolved through talks between the parties, may be submitted by one party or the other, at the discretion of a tribunal composed of three members which will be formed from the entry into force of this agreement.
2. the Swiss federal Council and the Association shall each appoint one member of the tribunal.
3. the appointed members choose their president.
4. in case of disagreement between members on the person of the president, the latter is appointed by the President of the International Court of Justice at the request of the members of the tribunal.
5. the Tribunal by either party by way of motion.
6. the Court shall determine its own procedure.

Art. 29 entry into force this agreement will enter into force as soon as it is signed on behalf of the Swiss federal Council and the Council of the Association.

Art. 30 amendments to the agreement 1. This agreement may be revised at the request of either party.
2. in this event, the two parties discuss changes there may be changes to the provisions of this agreement.
3. in the event that the negotiations do not lead to an agreement, the agreement may be denounced by one or the other party with a notice period of two years.
Done and signed at the headquarters of the European Association of free trade in Geneva, August 10, 1961, in duplicate.

To the Swiss federal Council: for the Council of the European Free Trade Association: Campiche Figgures RO 1961 763 RS 0.632.31 State 11. July 2006

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