Rs 0.192.122.632.13 August 31, 2004 Agreement Between The Swiss Federal Council And The Agency Cooperation And Information For International Trade (Aitic) To Determine The Legal Status Of The Agency In Switzerland

Original Language Title: RS 0.192.122.632.13 Accord du 31 août 2004 entre le Conseil fédéral suisse et l’Agence de coopération et d’information pour le commerce international (ACICI) en vue de déterminer le statut juridique de l’Agence en Suisse

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0.192.122.632.13 original Swiss agreement between the federal Council and the agency cooperation and information for international trade (AITIC) to determine the legal status of the Agency in Switzerland concluded on August 31, 2004 entered into force with effect from April 30, 2004 (status on March 29, 2005) the Swiss federal Council, on the one hand, and cooperation and agency information for international trade (AITIC) on the other hand, art. 13, by. 2, of the agreement of 9 December 2002 establishing cooperation and agency information for international trade (AITIC) as an intergovernmental organization which provides that Geneva will be the seat of AITIC, view of art. 13, by. 3, of the agreement referring to the conclusion of a headquarters agreement with the Swiss Government to regulate their relationship in a headquarters agreement, have agreed on the following: I. status, privileges and immunities of the AITIC art. 1 personality and ability the Swiss federal Council acknowledges the international legal personality and legal capacity in Switzerland of the Agency of cooperation and information for international trade (hereinafter the AITIC).

Art. 2 independence and freedom of action 1. The Swiss federal Council guarantees the independence and freedom of action of AITIC, owned as an intergovernmental organization.
2. it recognises, as well as members of AITIC in their dealings with her, meeting absolute freedom, including freedom of discussion, decision and publication on Swiss territory.

Art. 3 inviolability of the premises buildings or parts of buildings and the adjoining land which, regardless of the owner, are used for the purposes of AITIC, are inviolable. No agent of the Swiss public authority cannot enter without the express consent of the Executive Director of AITIC or the person designated by him.

Art. 4 inviolability of the archives the archives of AITIC and, in general, all documents and data carriers that belong to him or are in his possession, shall be inviolable at any time and wherever they may be.

Art. 5 immunity of jurisdiction and enforcement 1. As part of its activities, AITIC enjoy immunity from jurisdiction and execution, except: a) insofar as this immunity was formally lifted, in a particular case by the Executive Director of AITIC or the person designated by it; b) in the case of a civil liability action brought against AITIC for damage caused by any vehicle belonging to him or circulating on its own account; c) in the case of a seizure ordered by court decision, on salaries, wages and other emoluments owed by AITIC to one of its officials; d) in case of a counter-claim directly related to a proceedings principally by AITIC; summer) in the case of enforcement of an arbitration award made under art. 29 of this agreement.

((2. the buildings or parts of buildings, the adjoining land and property, properties of AITIC or used by it for its purposes, regardless of where they are located and what be the person holding them, are free: a) of any form of requisition, confiscation or expropriation; b) any receiver, administrative burden or measures prior to a judgment except in the cases provided for in the first paragraph.

Art. 6 publications and communications publications and communications of AITIC are subject to no restrictions.

Art. 7 tax system 1. AITIC, its assets, income and other property, are exempt from direct taxes federal, cantonal and municipal. However, for buildings, this exemption applies only to those which AITIC owns and which are occupied by its services, as well as income coming in.
2. the AITIC is exempt from indirect federal, cantonal and municipal taxes. It is, in particular, exempt from the the value added tax (VAT) for all purchases intended for official use and for all the services are for official use, in accordance with Swiss legislation.
3. the AITIC is exempt from all taxes federal, cantonal and communal, as long as it involves no tax collected in remuneration for services rendered.
4. If it is necessary, the above exemptions will be made by way of refund, at the request of AITIC and according to a procedure to determine between AITIC and competent authorities.

Art. 8 customs treatment in customs of articles intended for the official use of AITIC is governed by the Ordinance of 13 November 1985 concerning the customs privileges of international organizations, of States in their relations with these organizations and special missions of foreign States.

SR 631.145.0 art. 9 disposal of the AITIC funds may receive, hold, convert and transfer all funds, all currencies, all cash, gold and other securities, dispose freely both within Switzerland as in its foreign relations.

Art. 10 communications 1. AITIC has, in its official communications, treatment at least as favourable as that provided to the international organizations in Switzerland, insofar as compatible with the Convention of 22 December 1992 of the International Union of telecommunications, amended in Kyoto on October 14, 1994 and in Minneapolis on November 6, 1998.
2. the AITIC has the right to use codes for its official communications. She has the right to dispatch and receive its correspondence, including data media, by letters or duly identified cases who enjoy the same privileges and immunities as the mail and diplomatic bags.
3. the official correspondence and other official communications duly authenticated AITIC will not be censored.
4. the AITIC is free from the obligation of assessment procedure of compliance for terminals of wireline telecommunications (wireless communications) that it implements and operates exclusively within the confines of its buildings or parts of buildings or land adjoining. The telecommunications facilities should be implemented and exploited so that they do not endanger people and property and that they do not disrupt telecommunications and broadcasting.
5. the operation of telecommunications facilities (by wire and wireless communications) must be coordinated on a technical level with the federal Office of communications.

SR 0.784.02 art. 11 pension fund all pension fund or pension fund officially operating in favour of officials of AITIC has the same legal capacity in Switzerland than AITIC. It benefits, the extent of its activity in favour of public servants, the same privileges and immunities as AITIC itself, with respect to movable property.

Art. 12 social security the AITIC is not subject, as an employer, to legislation Swiss on old-age insurance and survivors, disability insurance, unemployment insurance, pension allowances for loss of income and the occupational old-age, survivors and disability mandatory, as well as the on Medicare.

II. Privileges and immunities granted to the people named in official capacity with the art of the AITIC. 13 privileges and immunities granted to representatives of members of the AITIC 1. Representatives of the members of AITIC, called in official capacity to participate in conferences or meetings with AITIC, shall, during the exercise of their functions in Switzerland and during travel to or from the place of meeting, the privileges and immunities include: a) immunity from arrest or detention, except in cases of flagrante delicto and exemption from inspection of personal baggage; b) immunity from jurisdiction even after the end of their mission, for acts performed in the exercise of their functions, including their words and written, subject to art. 20 of this agreement; c) inviolability of all papers, data media and documents officials; d) privileges and facilities granted in accordance with the Ordinance of 13 November 1985 concerning the customs privileges of international organizations, of States in their relations with these organizations and special missions of foreign States; e customs) exemption for themselves and their spouse, any measure limiting the entry any formality of registration of foreigners and any liability for services national; f) the same facilities in respect to monetary regulations or Exchange as those granted to representatives of foreign Governments on temporary official missions.

2. privileges and immunities are granted to the representatives of the members of AITIC, not for their personal benefit, but in order to ensure complete independence in the exercise of their functions in connection with AITIC. Therefore, the competent authorities of a member of the AITIC raise immunity in all cases where maintenance is likely to hinder action of justice and where it can be waived without prejudice to the achievement of the goal for which it was granted.

RS 631.145.0


Art. 14 privileges and immunities granted to the Executive Director and senior officials of the AITIC 1. Subject to art. 20 of this agreement, the Executive Director of AITIC, or incapacity of the latter, his replacement, and Government officials have the privileges, immunities and facilities granted to diplomatic law agents people and to international practice.
2. the above mentioned people who do not have Swiss nationality are exempt from all federal, cantonal and communal taxes on salaries, emoluments and allowances which they are paid by AITIC; This exemption applies to people of Swiss nationality, provided that the AITIC provides an internal tax. The capital payments, due in some circumstances by a pension fund or a pension within the meaning of art. 11 of this agreement, are exempt in Switzerland at the time of their payment; It will be same for all benefits in capital that could be paid to these persons for compensation as a result of illness, accident, etc.; on the other hand, the income from the capital paid, as well as annuities and pensions paid to those who have ceased to exercise their functions with AITIC denied the exemption.
3. the above mentioned people who do not have Swiss nationality are exempt from the tax on the value added (tax VAT) under Swiss law for acquisitions for their strictly personal use and for all the services for their personal use.
4. the customs privileges are granted in accordance with the Ordinance of 13 November 1985 concerning the customs privileges of international organizations, States in their relations with these organizations and special missions of foreign States.

SR 631.145.0 art. 15 privileges and immunities granted to all staff members of AITIC AITIC officials, whatever their nationality, enjoy the following privileges and immunities: a) immunity for acts done in the exercise of their functions, including their lyrics and their writings, even though the people will have ceased their functions, subject to art. (20 of this agreement; b) inviolability of all papers, data media and documents officials; c) exemption from all federal, cantonal and communal taxes on salaries, emoluments and allowances which they are paid by AITIC; This exemption extends to officials of Swiss nationality, provided that the AITIC provides an internal tax. Are also exempt in Switzerland, at the time of their payment, the capital payments due under any circumstances whatsoever by a pension fund or a pension within the meaning of art. 11 of this agreement; It will be same for all benefits in capital that could be paid to officials of AITIC compensation as a result of illness, accident, etc.; on the other hand, the income from the capital paid, as well as annuities and pensions paid to former officials of AITIC are denied the exemption.

Art. 16 privileges and immunities granted to officials not Swiss of AITIC in addition to the privileges and immunities listed in art. 15, officials of AITIC who are not Swiss nationals: a) are exempt from any obligation with respect to national in Switzerland services; b) are not subject, nor their spouses and members of their family living at their expense, provisions restricting immigration and registration of foreigners; c) enjoy, with respect to exchange facilities ((, the same privileges as those granted to officials of other international organizations; d) enjoy, as well as members of their family living in their charge, the same facilities for repatriation that officials of other organizations international; e) enjoy the customs, privileges and facilities provided for by the Ordinance of 13 November 1985 concerning the customs privileges of international organizations States in their relations with these organizations and special missions of foreign States.

SR 631.145.0 art. 17 social welfare 1. AITIC officials who do not have Swiss nationality are not subject to legislation Swiss on old-age insurance and survivors, disability insurance, unemployment insurance, pension allowances for loss of income and the occupational old-age, survivors and disability mandatory.
The situation of officials of Swiss nationality is regulated by Exchange of letters of 31 August 2004.
2. officials of AITIC, whether they are foreign nationals or Swiss nationality, are not required to ensure to the Swiss health insurance. However, they can ask to be submitted to the Swiss health insurance.
3. the officials of AITIC are not subject to mandatory Swiss accident insurance, as long as AITIC give them equivalent protection against the consequences of professional and non-professional accidents and occupational diseases.

SR 0.192.122.632.131 art. 18 military service of Swiss officials 1. AITIC officials who have Swiss nationality remain required military obligations in Switzerland in accordance with the provisions of Swiss law in force.
2. a limited number of military leave (leave for abroad) may be granted to Swiss officials of exerting the leadership positions in AITIC AITIC; the beneficiaries of such leave are provided services, inspection and mandatory shooting out of the service.
3. to officials of Swiss nationality of AITIC which are not in the category of the by. 2 above, the investigating body swapping applications, duly motivated and countersigned by the person concerned, may be submitted.
4. applications for leave for abroad and permutation of the training service requests are submitted by AITIC in the federal Department of Foreign Affairs for the federal Department of defence, protection of the population and sports.

Art. 19 privileges and immunities granted to experts on mission to AITIC AITIC mission experts, whatever their nationality, enjoy the following privileges and immunities: a) immunity for acts done in the exercise of their functions, including their lyrics and their writings, even though the people will have ceased their functions, subject to art. 20 of this agreement; b.) inviolability of all papers, data media and documents officials; c) exemption of any measure restricting the entry of any formality of registration of foreigners and nationals; d services liability) the same facilities with respect to monetary regulations or Exchange as those that are granted to representatives of foreign Governments on official duty temporary; e) the same immunities and facilities in respect to their luggage staff than granted to diplomatic agents.

Art. 20 exceptions to immunity from jurisdiction referred to in art. 13, 14, 15 and 19 of this agreement are not immune from the jurisdiction in an action in civil liability brought against them for damage caused by any vehicle owned or driven by them or in the event of contraventions of federal requirements on road traffic that can be punished by a fine.

Art. 21 purpose of immunities 1. The privileges and immunities provided for in this agreement are not established to give those who receive personal benefits. They are instituted only in order to ensure, in all circumstances, the free functioning of AITIC and the complete independence of its officials.
2. the Executive Director has the right and the duty to waive the immunity of an official or an expert in any case where it considers that this immunity hampers the action of justice and that it is possible to waive without prejudice to the interests of the AITIC. With respect to the Executive Director, the Chairman of the Board of Directors have to waive the lifting of immunity.

Art. 22 access, stay and exit the Swiss authorities take all necessary measures to facilitate the entry into Swiss territory, leaving the territory and the stay to all people regardless of their nationality, called in an official capacity with AITIC, either: a) the representatives of the members of AITIC and their spouse; b) the Executive Director, senior officials and officials of AITIC ((, and the members of their family living at their expense and doing household; c) experts on mission to AITIC; d) any other person, regardless of his nationality, called in an official capacity with AITIC.

Art. 23 legitimation cards 1. The federal Department of Foreign Affairs shall deliver to the AITIC, for each employee, as well as his family members admitted under family reunification, dependent, making household with him and non gainful activity, with the photograph of the holder legitimation card. This card is used to the legitimation of the holder against any federal, cantonal and communal authorities.

2. the AITIC regularly to the federal Department of Foreign Affairs the list of officials of AITIC and members of their families, indicating for each of them the date of birth, nationality, domicile and the category or the function class to which they belong.

Art. 24 the AITIC abuse prevention and the Swiss authorities shall co-operate at all times to facilitate the proper administration of justice, to ensure compliance of police regulations and prevent any abuse of the privileges and immunities, facilities and exemptions provided for in this agreement. Without prejudice to their privileges and immunities, all persons who benefit from these privileges and immunities have the duty to respect the laws and regulations of Swiss.

Art. 25 private disputes the AITIC will make arrangements appropriate to the satisfactory settlement: a) of disputes arising from contracts to which AITIC would be party and other disputes over a point of private law; b) of disputes in which the persons mentioned in art would be involved. 13, 14, 15 and 19 who enjoy, because of their official status, immunity, if such immunity was lifted in accordance with the provisions of the art. 13, by. 2, and 21 of this agreement.

III. Disclaimer and security of Switzerland art. 26 Disclaimer of the Switzerland the Switzerland faces, because of the activity of AITIC within its territory any international responsibility any to acts and omissions AITIC or for those officials of the latter.

Art. 27 security of Switzerland 1. The jurisdiction of the Swiss federal Council to take all necessary measures to safeguard the security of the Switzerland is reserved.
2. in the event that it was necessary to apply the provisions of this article, the Swiss federal Council starts, as quickly as circumstances permit, in relation to the AITIC to stop by mutual agreement the measures necessary to protect the interests of the AITIC.
3 the AITIC is working with Swiss authorities to avoid any prejudice to the safety of the Switzerland of the fact of its activity.

IV. provisions final art. 28 implementation of the agreement by the federal Department of Foreign Affairs Switzerland is the Swiss authority charged with the execution of this agreement.

Art. 29 settlement of disputes 1. Any dispute between the parties to this agreement concerning the interpretation or application of the present agreement, which could not be resolved by negotiations between the parties, may be submitted by the a party, by a motion, to an arbitral tribunal composed of three members.
2. the Swiss federal Council and the AITIC shall each appoint a member of the arbitral tribunal.
3. appointed members choose by mutual agreement the third member, who shall chair the tribunal. Failing agreement within a reasonable time, the third member is appointed by the President of the International Court of Justice at the request of either party.
4. the Court shall determine its own procedure.
5. the arbitral award is final and binding on the parties to the dispute.

Art. 30 revision of 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.

Art. 31 denunciation of the agreement the present agreement may be denounced by one or the other party with a notice written in two years.

Art. 32 entry into force this agreement comes into force the day of its signature. It shall apply from 30 April 2004, i.e. on the date of the entry into force of the agreement of 9 December 2002 establishing the agency cooperation and information for international trade (AITIC) as an intergovernmental organization.
Made in Bern, August 31, 2004, in duplicate, in the French language.

To the Swiss federal Council: Agency for cooperation and information for international trade (AITIC): Paul Seger Esperanza Durán RO 2005 1491 0.632.208 State SR 11. July 2006

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