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RS 0.192.120.240 Agreement of 5 March 2001 between the Swiss Federal Council and the World Anti-Doping Agency to settle the tax status of the Agency and its staff in Switzerland

Original Language Title: RS 0.192.120.240 Accord du 5 mars 2001 entre le Conseil fédéral suisse et l’Agence mondiale antidopage pour régler le statut fiscal de l’Agence et de son personnel en Suisse

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0.192.120.240

Original text

Agreement

Between the Swiss Federal Council and
World Anti-Doping Agency to regulate tax status
The Agency and its staff in Switzerland

Convened on 5 March 2001

Entered into force on 5 March 2001, with retroactive effect of 1 Er July 2000 1

(State on 19 August 2003)

The Swiss Federal Council, on the one hand, and the World Anti-Doping Agency, on the other

Wishing to conclude an Agreement to settle the tax status of the Agency and its staff in Switzerland,

Agreed to the following provisions:

Art. 1

The World Anti-Doping Agency, its assets, and income and other property are exempt from direct federal, cantonal and communal taxes.

Art. 2

1. The World Anti-Doping Agency is exempt from federal, cantonal and communal indirect taxes.

2. The Agency is exempt from the value added tax (VAT) for all its acquisitions of goods and services made on Swiss territory to taxable persons, as well as for all its acquisitions of services Be made to companies headquartered outside Canada, for the sole purpose of their official use.

3. The Agency shall be exempt from entry fees (customs duties and value added tax, VAT) for goods imported and intended exclusively for its official use.

Art. 3

The World Anti-Doping Agency is exempt from all federal, cantonal and communal taxes, with the exception of those collected in remuneration for specific services rendered.

Art. 4

In the case of buildings, the above exemptions apply only to those of which the World Anti-Doping Agency owns and is occupied by its services, as well as to the income derived from them.

Art. 5

Where applicable, the above exemptions shall be made by way of reimbursement, at the request of the World Anti-Doping Agency and following a procedure to be determined by the World Anti-Doping Agency and the competent Swiss authorities.

Art. 6

(1) Personnel of the World Anti-Doping Agency who do not have Swiss nationality shall be exempt, for the duration of their duties within the Agency, from all federal, cantonal and communal taxes on salaries, emoluments and Allowances paid to them by the Agency.

2. Capital benefits which are payable under any circumstances by a pension fund or social security institution are also exempt in Switzerland at the time of payment of any taxes on capital and Income. The same applies to all capital benefits that could be paid as a result of sickness, accident or disability. On the other hand, the income from the capital paid, as well as annuities and pensions paid by the Agency to former members of its staff, do not benefit from the exemption.

3. In addition, it remains understood that Switzerland retains the option of taking into account the treatment and other exempt income elements in determining the tax rate applicable to other, normally taxable items, of the income of the members of the Staff.

Art. 7

The tax privileges provided for in this Agreement shall not be established in order to grant personal benefits to staff members of the World Anti-Doping Agency. They shall be established solely in order to ensure, in all circumstances, the free functioning of the Agency.

Art. 8

The World Anti-Doping Agency shall cooperate with the Swiss authorities at all times with a view to preventing any abuse of the privileges provided for in this Agreement.

Art.

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

Art. 10

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, A three-member arbitral tribunal.

(2) The parties to this Agreement shall 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 Swiss Federal Court at the request of either party.

4. The arbitral tribunal shall determine its own procedure. The language of the arbitration shall be French.

5. The arbitral award shall be binding on the parties to the dispute and final.

Art. 11

(1) This Agreement may be revised at any time at the request of either party.

2. In this event, both parties agree on any changes to the provisions of this Agreement.

Art. 12

This Agreement shall enter into force on the day of its signature 1 .


1 Agreement renewed on 22 August 2002 in favour of the European Bureau of the World Anti-Doping Agency. To do so, s. 2 and 3 of Art. 12 are repealed.

Art. 13

This Agreement may be denounced by either party on two-year written notice for the last day of a calendar year.

Done at Berne on March 5, 2001, in duplicate in the French language.


For the

Swiss Federal Council:

For

World Anti-Doping Agency:

Joseph Deiss

Richard W. Pound

Samuel Schmid

Hein Verbruggen


RO 2003 2624


1 With the exception of s. 3 of Art. 2.


Status August 19, 2003