Rs 0.192.122.971 Convention Of January 20, 1930, The Bank For International Settlements (With Constituent Charter Of The Bank)

Original Language Title: RS 0.192.122.971 Convention du 20 janvier 1930 concernant la Banque des règlements internationaux (avec Charte constitutive de la Banque)

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0.192.122.971 original text regarding the Bank of international settlements agreement on January 20, 1930, approved by the Federal Assembly on 25 February 1930 entry into force on 26 February 1930 the duly authorized representatives of the Governments of the Germany of Belgium, of the France, the United Kingdom of Great Britain and Northern Ireland, the Italy and Japan on the one hand , and representatives duly authorized by the Government of Switzerland on the other hand, gathered at the conference in the Hague in January 1930, have agreed to the following: art. 1. the Switzerland agrees to grant the Charter without delay at the Bank for international settlements following with the force of law, to not to repeal this Charter, to not make changes or additions and not to punish the changes to the statutes of the Bank referred to in paragraph 4 of the Charter if it is in agreement with the other signatory Governments.

Art. 2. any dispute between the Swiss Government and one any other Governments signatories concerning the interpretation or application of this agreement will be submitted to the arbitral tribunal provided for in the agreement in the Hague in January 1930. The Swiss Government may appoint a member who will sit on the occasion of these disputes, the Chairman having a casting vote. Using audit court, the parties can always agree to submit their dispute to the president or one of the members of the Court chosen as sole arbitrator.

The provisions of the ac. Hague on repairs, concluded 20 Jan. 1930 and the Switzerland is not a party, provisions in the constitution and in the proceedings of the arbitral tribunal, are published in the FF 1930 I 119.

Art. 3. the present agreement is concluded for a period of 15 years. It is made on the part of the Switzerland subject to ratification and it will be implemented once it has been ratified by the Government of the Swiss Confederation. The instrument of ratification will be deposited at the Ministry of Foreign Affairs in Paris. In this implementation, the Swiss Government will engage the constitutional procedure necessary to obtain the approval of the Swiss people to the maintenance in force for the duration of the Bank from the provisions of this convention. As soon as these measures have received full effect, the Swiss Government will give notice to the other signatory Governments and the same provisions will become valid for the duration of the Bank.

What was done by the AF on Feb 25. 1930 on the extension of the convention regarding the Bank of international settlements, approved by the SSA. fed. (RO 46 305). The AF was submitted to the referendum, in accordance with art. 89 CSE. (RS 101).

Charter of the Bank for international settlements whereas the powers signatories to the agreement in the Hague in January 1930 have adopted a plan that envisages the creation by the central banks of Germany, Belgium, France, of Britain, of Italy and of the Japan and by a financial institution or Bank Group of the United States of America of an International Bank, which will be called the Bank of international settlements.
and whereas the said central banks and a banking group comprising Messrs. J. P. Morgan and ° C in New York, the First National Bank of New York, New York, and the First National Bank of Chicago, Chicago, undertook to establish the said Bank and guaranteed or taken measures to guarantee the underwriting of its authorized capital amounting to five hundred million Swiss francs equivalent to 145,161,290:32 grams of gold thin and divided in two hundred thousand shares;
and considering that the Swiss federal Government has concluded with the Governments of Germany, Belgium, France, Great Britain, Italy, and the Japan an agreement whereby he agreed to grant the founding Charter of the Bank for international settlements committing to not to repeal this Charter, to not make changes or additions and not to punish the targeted changes to the statutes of the Bank to the by. 4 of this Charter, if it is in agreement with those powers, it was decided: 1.-legal personality is conferred by the Charter on the Bank for International Settlements (hereinafter referred to as 'the Bank').
2 - the constitution of the Bank, its operations and its field of activity are defined and governed by the related statutes, which are sanctioned by the present Charter.
3 - amendments to the articles of those statutes other than those listed in the by. 4 below may be, and will be implemented as provided for in art. 57 of those statutes and not otherwise.
4. - the art. 2, 3, 8, 14, 19, 24, 27, 44, 51, 54, 57 and 58 of the statutes may be amended only on the following conditions: the amendment must be adopted by a majority of two-thirds by the Board of Directors of the Bank, approved by the General Assembly at the maorite and sanctioned an additional law to the present Charter.
5 - the statutes and any changes that would be made to them in accordance with the provisions of by. 3 and 4 above will be valid and have effect notwithstanding any contradiction with all existing or future of Swiss law.
(6 - the Bank is free and free of all taxes in the following categories: a) stamp, registration and other rights on all deeds or other documents relating to the constitution or the liquidation of the Bank duty; b) rights stamp and registration on any initial issue of shares of the Bank subscribed by a Central Bank by a financial institution, a bank group or by a person having taken close to the creation of the Bank, either before or under the provisions of art. 5, 6, 8 and 9 of the statutes; c) all taxes on capital of the Bank, its reserves or profits distributed or not, they hit these benefits before distribution or be seen upon delivery, in the form of a tax payable or hold by the Bank on the coupons. This stipulation does not affect the right of the Switzerland to impose other people residing in Switzerland the Bank as it deems appropriate; d) all taxes on all contracts that the Bank may enter into in connection with the issue of mobilization of the German annuity loans and securities to loans of this nature issued a market foreign; e) all taxes on salaries and wages paid by the Bank to its directors and staff not having Swiss nationality.

7. - all amounts deposited to the Bank by any Government under the provisions of the plan adopted by the agreement of January 1930 Hague will be free and exempt taxes to collect or by way of deduction by the Bank acting on behalf of the imposing authority, or in any other way.
8. - the above exemptions and immunities apply to taxes present and future, under any name that designates them and whether it's taxes of the Confederation, cantons, communes or other public authorities.
9. - in addition, without prejudice to the exemptions specified above, it cannot be lifted on the Bank, its operations or its staff, any tax that would not a general and which character other banks established in Basel, Switzerland, their operations, or their staff, would not be subject in law and indeed.
10. - the Bank, its property and assets, as well as deposits or other funds which will be entrusted to him, can do, nor in time of peace or in time of war, the object of any measure such as: expropriation, requisition, seizure, confiscation, defence or restriction to export or import of gold or currency or any other similar measures.
11. - any dispute between the Swiss Government and the Bank on the interpretation or the application of this Charter will be submitted to the arbitral tribunal provided for in the agreement in the Hague in January 1930.
The Swiss Government will appoint a member who will sit on the occasion of this dispute, the Chairman having a casting vote.
Using audit court, the parties may however agree to submit their dispute to the president or a member of the Court chosen as sole arbitrator.
Done at the Hague, January 20, 1930.
(Follow signatures)

RS 11 537; FF 1930 I 73 RO 46 67 the Japan renounced all rights acquired by him under this convention (RO 1953 24) since then.
These statutes, revised June 9, 1969, have not been published in the RO and therefore not reproduced in this collection. They appear in the FF 1970 1609.
New content according to the amendment approved by the CF with the agreement of the other Contracting Governments on Dec. 8. 1969 and in force since 10 dec. 1969 (1970 464 RO).
New content according to the amendment approved by the CF with the agreement of the other Contracting Governments on Dec. 8. 1969 and in force since 10 dec. 1969 (1970 464 RO).
New content according to the amendment approved by the CF with the agreement of the other Contracting Governments on Dec. 8. 1969 and in force since 10 dec. 1969 (1970 464 RO).

11 State. July 2006