The Swiss Federal Council recognises the legal capacity in Switzerland of the Court.

The Swiss Federal Council guarantees the independence and freedom of action of the Court.

2. It acknowledges, as well as to the States parties in their relations with it, an absolute freedom of assembly in the territory of Switzerland, including freedom of discussion, decision and publication.

Buildings or parts of buildings and the adjoining land which, whatever the owner, are used for the purposes of the Court shall be inviolable. No agent of the Swiss public authority shall enter without the express consent of the President of the Court or of the person designated by him.

The archives of the Court and, in general, all documents and data carriers that belong to it or are in its possession shall be inviolable at any time and in any place they are located.

1. The Court shall enjoy immunity from jurisdiction and enforcement, except:

(a)

To the extent that it expressly waives it in a particular case;

(b)

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

(c)

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

(d)

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

(e)

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

2. The buildings or parts of buildings, the adjoining land and the property, property of the Court or used by it for its purposes, regardless of where they are located and the person holding them, shall be exempt from:

(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 the publications and communications of the Court.

1. The Court, 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 the Court owns and which are occupied by its services, as well as to the revenues derived from it.

2. The Court is exempt from federal, cantonal and communal indirect taxes. It is, in particular, 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. The Court shall be exempt from all federal, cantonal and communal taxes, provided that they are not taxes levied in respect of specific services rendered.

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

The customs processing of the objects intended for the official use of the Court is governed by the order 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 Court may receive, hold, convert and transfer all funds, gold, all currencies, all numerals and other securities, and freely dispose of them both within Switzerland and in its foreign relations.

1. The Court shall, in its official communications, enjoy 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 .

2. The Court 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. Official correspondence and other duly authenticated official communications of the Court shall not be censored.

4. The Court shall be exempt from the requirement of approval for wireline installations of users (wire communications) which it establishes and operates exclusively within the premises of its buildings or parts of buildings or adjoining land. Users' installations will have to be put in place and operated in such a way that they do not endanger people 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 and the TTP Enterprise ² Swiss.

Any pension fund or provident institution formally exercising its activity in favour of the members of the Court, the Registrar or the officials of the Registry shall have the same legal capacity in Switzerland as the Court. It shall enjoy, to the extent of its activity in favour of the members of the Court, the Registrar or officials of the Registry, of the same privileges and immunities as the Court itself, in respect of movable property.

1. The Court is not subject, as employer, to the Swiss legislation on old-age and survivors' insurance, invalidity insurance, unemployment insurance, benefit scheme for loss of gain and old-age occupational pensions, Survivors and disability, or health insurance.

(2) The members of the Court, the Registrar and officials of the Registry who do not have Swiss nationality shall not be subject to Swiss legislation on old-age and survivors insurance, invalidity insurance, unemployment insurance, Allowance for loss of earnings and occupational pensions, survivors and compulsory invalidity. The situation of members of the Court, the Registrar and officials of the Registry who are of Swiss nationality shall be settled by exchange of letters ¹ .

(3) The members of the Court, the Registrar and officials of the Registry, whether of a foreign or Swiss nationality, are not required to insure Swiss health insurance. However, they may apply for Swiss health insurance.

4. The members of the Court, the Registrar and the staff of the Registry shall not be subject to Swiss compulsory accident insurance, provided that the Court grants them equivalent protection against the consequences of professional accidents and not Professional and occupational diseases.

Members of the Court shall enjoy the privileges and immunities accorded to diplomatic agents in accordance with the Vienna Convention of 18 April 1961 on Diplomatic Relations ¹ And benefit from the facilities granted to Heads of Mission.

2. Members of the Court who do not have Swiss nationality are entitled to exemption from all federal, cantonal and communal taxes on the salaries, emoluments and allowances paid to them by the Court; however, Switzerland may take account of Of these revenues for the calculation of tax payable on income from other sources. Also exempt in Switzerland, at the time of payment, are the capital benefits payable under any circumstances by the Court; the same will apply in respect of the capital benefits that could be paid to members of the Court As compensation for sickness, accidents, etc.; on the other hand, the income from the capital paid, as well as annuities and pensions paid to the former members of the Court, do not benefit from the exemption.

3. Members of the Court who do not have Swiss nationality are exempt from the value added tax (VAT) in accordance with Swiss legislation for acquisitions intended for their strictly personal use and for all benefits of Service made for their strictly personal use.

4. Members of the Court shall enjoy the customs privileges granted to heads of mission in accordance with the order of 13 November 1985 concerning the customs privileges of international organisations, states in their relations with Such organizations and special missions of foreign States ² .

1. Subject to s. 20 of this Agreement, the Registrar and senior officials of the Registry approved by the Federal Department of Foreign Affairs shall enjoy the privileges and immunities accorded to diplomatic agents in accordance with the Vienna Convention of 18 April 1961 on diplomatic relations ¹ .

2. The Registrar and senior officials of the Registry 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 Court; however, Switzerland may take such income into account when calculating the tax payable on income from other sources. Also exempt in Switzerland, at the time of payment, are the capital benefits payable under any circumstances by the Court; the same shall apply in respect of the capital benefits that could be paid to the Registrar and to Officers of the Registry as compensation for illness, accidents, etc.; on the other hand, the income from capital paid, as well as annuities and annuities paid to a former Registrar and former senior staff of the Registry Benefit from the exemption.

(3) The Registrar and senior officials of the Registry, who are not Swiss nationals, shall be 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 order of 13 November 1985 concerning the customs privileges of international organisations, states in their relations with these organisations and of the Special Missions of States Foreigners ² .

Other staff members of the Registry, irrespective of their nationality, shall enjoy:

(a)

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

(b)

Inviolability for all their official documents and documents.

Other staff members of the Registry who do not have Swiss nationality:

(a)

Benefit from the exemption of all federal, cantonal and communal taxes on salaries, emoluments and allowances paid to them by the Court; however, Switzerland may take such income into account in calculating the tax payable on the Income from other sources. Also exempt in Switzerland, at the time of payment, are the capital benefits payable under any circumstances by the Court; the same will apply in respect of the capital benefits that could be paid to the others Registry 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 staff members of the Registry, do not benefit from the exemption;

(b)

Are exempt from any obligation relating to the national service in Switzerland;

(c)

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;

(d)

Enjoy, as regards the exchange and transfer of their assets in Switzerland and abroad, the same privileges as those accorded to officials of international organizations;

(e)

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

(f)

Enjoy in customs matters the privileges provided for in the order of 13 November 1985 concerning the customs privileges of international organisations, states in their relations with these organisations and of the Special Missions of States Foreigners ¹ .

1. Staff members of the Registry who are of 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 leave) may be granted to Swiss officials of the Registry performing functions in the Court; the beneficiaries of such leave shall be exempt from the services, the inspection And mandatory fire out of service.

3. For officials of Swiss nationality of the Registry who do not fall within 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 abroad and requests for permutation of the training service are submitted by the Court to the Federal Department of Foreign Affairs for the Federal Military Department.

The agents, counsel, counsel, experts and witnesses of the parties:

(a)

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

(b)

Enjoy the inviolability of all documents and documents;

(c)

Are not subject to the provisions restricting immigration and the registration formalities of foreigners.

Persons designated under s. 15, 16 and 19 do not enjoy immunity from jurisdiction or, where appropriate, immunity from enforcement, in the case of civil liability action brought against them for damage caused by any vehicle belonging to or led by them, or in the case of Contraventions of federal road traffic requirements that may be reprimanded 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 established solely in order to ensure, in all circumstances, the functioning of the Court and the complete independence of the persons concerned.

2. The Court not only has the right but also the duty to waive the immunity of a member of the Court, the Registrar or an official of the Registry in all cases where it considers that such immunity would impede the action of justice and could Be lifted without prejudice to its interests.

(1) The Swiss authorities shall take all necessary measures to facilitate the entry into Switzerland, the exit of the territory of Switzerland and the stay of all persons, irrespective of their nationality, called in official capacity with the Court:

(a)

Members of the Court, as well as members of their families living in their care;

(b)

The Registrar of the Court, as well as the members of his dependent family;

(c)

Registry officials, as well as members of their families living in their care;

(d)

The agents, counsel, counsel, experts and witnesses of the parties before the Court.

2. Visa applications from the above mentioned persons will have to be examined as soon as possible. Visas will be issued free of charge. To facilitate the procedure, these persons will be required to submit, in support of their application for a visa, an official letter from the Court confirming their functions.

The Federal Department for Foreign Affairs shall transmit to the Court, for its members, the Registrar and the officials of the Registry, as well as members of their families living together and living in their care, a card of Legitimation provided with the owner's photograph. This card is used for the legitimation of the holder in respect of any federal, cantonal and communal authority.

2. The Court shall communicate regularly to the Federal Department of Foreign Affairs the names of the members of the Court, the Registrar, the officials of the Registry and the members of their families, indicating for each of them the date of birth, the Nationality, residence in Switzerland and the category or class of functions to which they belong.

The Court and the Swiss authorities shall cooperate 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 this Agreement.

The Court shall make appropriate provisions for the satisfactory resolution of:

(a)

Disputes arising from contracts to which the Court would be a party and other disputes involving points of private law;

(b)

Disputes involving a member of the Court, the Registrar or an official of the Registry who, because of his or her official status, enjoys immunity, unless the latter has been waived in accordance with s. 21.

Switzerland shall not, by reason of the activity of the Court in its territory, incur any international responsibility for the acts and omissions of the Court or those of its members, the Registrar or the officials of the Registry.

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 exercise that jurisdiction in respect of the Court, the Swiss Federal Council shall, as soon as the circumstances permit, enable it in connection with it with a view to the adoption by common agreement of the necessary measures To protect the interests of the Court.

3. The Court shall cooperate 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, A three-member arbitral tribunal.

2. The Swiss Federal Council and the States Parties to the Convention of 15 December 1992 on conciliation and arbitration within the OSCE 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 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 any time at the request of either party.

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

This Agreement may be terminated at a fixed date of agreement between the two parties, or by either party on two-year written notice.

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

Done at Berne, November 17, 1997, in duplicate, in French.