The Swiss Federal Council recognises the international legal personality and legal capacity in Switzerland of the Agency for International Trade Information and Cooperation (hereinafter ACICI).

1. The Swiss Federal Council guarantees the independence and freedom of action of the ACICI, which belongs to it as an intergovernmental organisation.

2. It acknowledges, as well as to the Members of the ACICI in their relations with it, an absolute freedom of assembly, including freedom of discussion, decision and publication, on Swiss territory.

The buildings or parts of buildings and the adjoining land which, whatever the owner, are used for the purposes of the ACICI, are inviolable. No official of the Swiss public authority shall enter without the express consent of the Executive Director of the ACICI or the person designated by him.

The archives of the ACICI and, in general, all documents, as well as the data carriers which belong to it or are in its possession, are inviolable at any time and in any place they are located.

1. In the course of its activities, the ACICI enjoys immunity from jurisdiction and enforcement, except:

(a)

To the extent that such immunity has been formally waived, in a particular case, by the Executive Director of the ACICI or the person designated by it;

(b)

In the case of civil liability action brought against the ACICI for damage caused by any vehicle belonging to or circulating on its own account;

(c)

In the case of seizure, ordered by judicial decision, of the salaries, wages and other emoluments owed by the ACICI to one of its officials;

(d)

In the case of a counterclaim directly related to a procedure initiated by the ACICI; and

(e)

In the event of the execution of an arbitral award made pursuant to s. 29 of this Agreement.

2. The buildings or parts of buildings, the adjoining land and the property, properties of the ACICI or used by it for its purposes, regardless of where they are located and regardless of who owns them, are exempt:

(a)

Any form of requisition, confiscation or expropriation;

(b)

Of any kind of receiver, administrative constraint or pre-judgment measures except in the cases provided for in paragraph 1.

There are no restrictions on ACICI's publications and communications.

1. ACICI, its assets, income and other property, are exempt from direct federal, cantonal and communal taxes. However, for real property, this exemption applies only to those whose services are owned and occupied by the CAIT, as well as to the revenues derived from it.

2. ACICI is exempt from federal, cantonal and communal indirect taxes. In particular, it is exempt from the value added tax (VAT) for all acquisitions intended for official use and for all services provided for official use, in accordance with Swiss law.

3. ACICI is exempt from all federal, cantonal and communal taxes, provided that it is not a collection of fees for specific services rendered.

4. Where applicable, the exemptions mentioned above will be made by way of reimbursement, at the request of the ACICI and following a procedure to be determined between the ACICI and the competent authorities.

The customs processing of objects intended for the official use of the ACICI is governed by the Ordinance of 13 November 1985 concerning the customs privileges of international organisations, states in their relations with these organisations and Special missions of foreign states ¹ .

The ACICI may receive, hold, convert and transfer all funds, all currencies, numerals, gold and other securities, freely available both within Switzerland and in its foreign relations.

1. ACICI receives, in its official communications, at least as favourable treatment as that provided to international organisations in Switzerland, to the extent compatible with the Convention of 22 December 1992 of the International Union Telecommunications ¹ , amended at Kyoto on 14 October 1994 and in Minneapolis on 6 November 1998.

2. ACICI has the right to use codes for its official communications. It shall have the right to send and receive its correspondence, including data carriers, by duly identified letters or suitcases which enjoy the same privileges and immunities as diplomatic couriers and bags.

3. Formal correspondence and other duly authenticated official communications from the ACICI will not be censored.

4. The ACICI shall be exempt from the obligation of conformity assessment procedure for terminal facilities for wireline telecommunications (communications by wire) which it establishes and operates exclusively within the premises of its buildings or Parts of buildings or adjoining lands. Telecommunications installations shall be put in place and operated in such a way that they do not endanger persons and property and do not disrupt telecommunications and broadcasting.

5. The operation of telecommunications facilities (wired and wireless communications) shall be technically coordinated with the Federal Communications Office.

Any pension fund or provident institution officially carrying out its activity in favour of ACICI officials has the same legal capacity in Switzerland as the ACICI. To the extent of its activity in favour of civil servants, it enjoys the same privileges and immunities as the ACICI itself, with regard to movable property.

The ACICI is not subject, as employer, to the Swiss legislation on old-age and survivors' insurance, invalidity insurance, unemployment insurance, benefit-loss benefits and old-age occupational pension benefits, Survivors and disability, as well as health insurance.

1. Representatives of the members of the ACICI, who are called in official capacity to participate in conferences or meetings with the ACICI, shall enjoy, during the performance of their duties in Switzerland and during the course of travel to or from From the meeting place, the following privileges and immunities:

(a)

Immunity from arrest or detention, except in cases of flagrante delicto and exemption from the inspection of personal luggage;

(b)

Immunity from jurisdiction, even after the termination of their duties, for acts performed in the performance of their duties, including words and writings, subject to s. 20 of this Agreement;

(c)

Inviolability of all documents, data carriers and official documents;

(d)

Privileges and customs facilities granted in accordance with the Ordinance of 13 November 1985 concerning the customs privileges of international organisations, states in their relations with these organisations and special missions Of foreign states ¹ ;

(e)

Exemption, for themselves and their spouses, of any measure restricting entry, any formality of registration of aliens and any obligation relating to national services;

(f)

The same facilities for monetary or foreign exchange regulations as those accorded to representatives of foreign governments on temporary official missions.

2. Privileges and immunities are granted to representatives of the ACICI Members, not to their personal benefit, but to ensure independence in the performance of their duties in relation to the ACICI. Consequently, the competent authorities of a member of the ACICI shall remove any immunity in all cases where its maintenance is likely to hinder the action of justice and where it can be waived without prejudice to the achievement of the objective for That it was granted.

1. Subject to s. 20 of this Agreement, the Executive Director of the ACICI or, in the event of the latter's incapacity, his replacement, and senior officials shall enjoy the privileges, immunities and facilities accorded to diplomatic agents in accordance with the law International people and uses.

2. The persons mentioned above who do not have Swiss nationality shall be exempt from all federal, cantonal and communal taxes on the salaries, emoluments and allowances paid to them by the ACICI; this exemption applies to Persons of Swiss nationality, provided that the ACICI provides for internal taxation. The capital benefits, payable under any circumstances, by a pension fund or an institution of foresight, within the meaning of s. 11 of this Agreement shall be exempt in Switzerland at the time of payment; the same shall apply to all capital benefits which may be paid to such persons as compensation for sickness, accident, etc.; in However, the income from the capital paid, as well as annuities and pensions paid to those persons who have ceased to perform their duties with the ACICI, do not benefit from the exemption.

3. The persons mentioned above who do not have Swiss nationality are exempt from the value added tax (VAT) in accordance with Swiss legislation for acquisitions for their strictly personal use and for all Services provided for their strictly personal use.

4. Customs privileges are granted in accordance with the Ordinance of 13 November 1985 concerning the customs privileges of international organisations, states in their relations with these organisations and special missions of States Foreigners ¹ .

CIACIIS officials, irrespective of their nationality, enjoy the following privileges and immunities:

(a)

Immunity from jurisdiction for acts performed in the performance of their duties, including words and writings, even after persons have ceased their duties, subject to s. 20 of this Agreement;

(b)

Inviolability of all documents, data carriers and official documents;

(c)

Exemption from all federal, cantonal and communal taxes on salaries, emoluments and allowances paid to them by the ACICI; this exemption extends to officials of Swiss nationality, provided that the ACICI provides for taxation Internal. Also exempt in Switzerland, at the time of payment, are the capital benefits payable under any circumstances by a pension fund or an institution of foresight within the meaning of s. 11 of this Agreement; the same shall apply to all capital benefits that could be paid to AITIC officials as compensation for sickness, accident, etc.; on the other hand, the income from the capital paid, As well as annuities and pensions paid to former CTID officials do not benefit from the exemption.

In addition to the privileges and immunities listed in s. 15, ACICI officials who do not have Swiss nationality:

(a)

Are exempt from any obligation relating to national services in Switzerland;

(b)

They are not subject to the provisions restricting immigration and the registration formalities of foreigners, nor are their spouses and family members dependent on them;

(c)

Enjoy, as regards the exchange facilities, the same privileges as those accorded to officials of other international organizations;

(d)

Enjoy, as well as members of their families living in their care, the same repatriation facilities as officials of other international organizations;

(e)

Privileges and facilities provided for in the Ordinance of 13 November 1985 concerning the customs privileges of international organisations, states in their relations with these organisations and special missions Of foreign states ¹ .

1. Officials of the AITIC who do not have Swiss nationality are not subject to Swiss legislation on old-age and survivors' insurance, disability insurance, unemployment insurance, the benefit-loss benefit scheme and the Old-age pension, survivors and compulsory invalidity.

The situation of officials of Swiss nationality is settled by exchange of letters of 31 August 2004 ¹ .

2. Officials of the ACICI, whether of foreign nationality or of Swiss nationality, are not obliged to insure Swiss health insurance. However, they may apply for Swiss health insurance.

3. ACICI officials are not subject to Swiss compulsory accident insurance, provided that the ACICI grants them equivalent protection against the consequences of occupational and non-occupational accidents and diseases Professional.

1. Officials of the ACICI who have Swiss nationality shall remain subject to military obligations in Switzerland in accordance with the provisions of Swiss law in force.

2. A limited number of military leave (leave for foreign holidays) may be granted to Swiss officials of the ACICI performing executive functions within the ACICI; the beneficiaries of such leave are provided from the services, Mandatory inspection and shooting outside the service.

3. For officials of Swiss nationality of the ACICI who do not fall into the category of subs. 2 above, requests for permutation of the training service, duly substantiated and countersigned by the person concerned, may be submitted.

4. Applications for leave for foreign nationals and requests for permutation of the training service are submitted by the ACICI to the Federal Department of Foreign Affairs for the Federal Department of Defence, for the protection of the population And sports.

The experts on mission for the ACICI, whatever their nationality, enjoy the following privileges and immunities:

(a)

Immunity from jurisdiction for acts performed in the performance of their duties, including words and writings, even after persons have ceased their duties, subject to s. 20 of this Agreement;

(b)

Inviolability of all documents, data carriers and official documents;

(c)

Exemption from any measure restricting entry, any formality of registration of aliens and any obligation relating to national services;

(d)

The same facilities for monetary or foreign exchange regulations as those accorded to representatives of foreign governments on temporary official missions;

(e)

The same immunities and facilities in respect of their personal baggage as those granted to diplomatic agents.

Persons subject to s. 13, 14, 15 and 19 of this Agreement shall not enjoy immunity from jurisdiction in the event of civil liability action brought against them for damage caused by any vehicle belonging to or led by them or in the event of a contravention of Federal road traffic requirements that can be reprimed by an order fine.

1. The privileges and immunities provided for in this Agreement shall not be established with a view to conferring personal benefits on those who benefit from it. They shall be instituted solely in order to ensure, in all circumstances, the free operation of the ACICI and the complete independence of its officials.

(2) The Executive Director shall have the right and the duty to waive the immunity of an official or expert in all cases where he considers that such immunity impedes the action of justice and that it is possible to waive the immunity without prejudice to the interests Of the ACICI. In the case of the Executive Director, the President of the Governing Board shall be entitled to waive the immunity.

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 irrespective of their nationality, called in official capacity with the ACICI, namely:

(a)

Representatives of the AITIC Members and their spouses;

(b)

The Executive Director, senior officials and officials of the AITIC, as well as members of their families living in their care and common household;

(c)

Experts on mission for the ACICI;

(d)

Any other person, regardless of nationality, who is called in official capacity with the ACICI.

1. The Federal Department for Foreign Affairs provides to the AITIC, for each staff member, as well as members of his family who are admitted for the purpose of family reunification, living together with him and not carrying on A lucrative business, a legitimation card with a photograph of the holder. This card is used for the legitimation of the holder in respect of any federal, cantonal and communal authority.

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

The ACICI and the Swiss authorities will cooperate at all times with a view to facilitating good administration of justice, ensuring compliance with police regulations and preventing any abuse of privileges and immunities, facilities and exemptions, provided for In this Agreement. Without prejudice to their privileges and immunities, all persons entitled to such privileges and immunities shall have the duty to respect Swiss laws and regulations.

The ACICI will make appropriate arrangements for the satisfactory resolution of:

(a)

Disputes arising out of contracts to which the ACICI would be a party and other disputes involving a private law point;

(b)

Of disputes involving the persons referred to in s. 13, 14, 15 and 19 which, by virtue of their official status, enjoy immunity, if that immunity has not been waived in accordance with the provisions of Art. 13, para. 2, and 21 of this Agreement.

As a result of the activity of the ACICI in its territory, Switzerland does not incur any international responsibility for the acts and omissions of the ACICI or for those of its officials.

The competence of the Swiss Federal Council to take all necessary measures to safeguard the security of Switzerland is reserved.

2. In the event that it considers it necessary to apply the first paragraph of this Article, the Swiss Federal Council shall, as rapidly as the circumstances permit, permit it, in connection with the ACICI, with a view to the adoption of a common agreement on measures Necessary to protect the interests of the ACICI.

3. ACICI collaborates with the Swiss authorities in order to avoid prejudice to the security of Switzerland as a result of its activity.

The Federal Department of Foreign Affairs shall be the Swiss authority responsible for the implementation of this Agreement.

1. Any dispute between the parties to this Agreement concerning the interpretation or application of this Agreement, which could not be settled by negotiations between the parties, may be submitted by either party, by means of a request, to A three-member arbitral tribunal.

2. The Swiss Federal Council and the ACICI each appoint a member of the arbitral tribunal.

(3) The members so appointed shall select by common accord the third member, who shall preside over the arbitral tribunal. Failing agreement within a reasonable period of time, the third member shall be 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 shall be binding on the parties to the dispute and final.

(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.

This Agreement may be terminated by either party on two-year written notice.

This Agreement shall enter into force on the date of its signature. It is applicable from 30 April 2004, that is, the date of entry into force of the Agreement of 9 December 2002 establishing the International Trade Information and Cooperation Agency (ACICI) as an organisation Intergovernmental.

Done at Berne, on August 31, 2004, in duplicate, in French.