Rs 0.192.122.632.12 October 18, 2001 Agreement Between The Swiss Federal Council And The Advisory Centre On Wto Law To Determine The Legal Status Of The Advisory Center In Switzerland

Original Language Title: RS 0.192.122.632.12 Accord du 18 octobre 2001 entre le Conseil fédéral suisse et le Centre consultatif sur la législation de l’OMC en vue de déterminer le statut juridique du Centre consultatif en Suisse

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0.192.122.632.12 original text agreement between the Swiss federal Council and the Advisory Centre on legislation of WTO to determine the legal status of the Centre in Switzerland concluded on 18 October 2001 entered into force on 18 October 2001, Applicable from 15 July 2001 (State on December 21, 2004) the Swiss federal Council, on the one hand, and the Centre on WTO law on the other hand, art. 10, by. 1, of the agreement of 30 November 1999 establishing the Advisory Centre on WTO law which provides that Geneva will be headquarters of the Advisory Center, view of art. 10, 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 Advisory Center art. 1 personality and ability the Swiss federal Council acknowledges the international legal personality and legal capacity in Switzerland of the Advisory Centre on WTO (hereinafter the Advisory Center) legislation.

Art. 2 independence and freedom of action 1. The Swiss federal Council guarantees the independence and freedom of action of the Advisory Center, which belong to him as an intergovernmental organization.
2. it recognises, as well as the States members of the Advisory Center in their dealings with him, meeting absolute freedom, with 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 the Advisory Center, are inviolable. No agent of the Swiss public authority cannot enter without the consent of the Executive Director of the Advisory Center or the person designated by him.

Art. 4 inviolability of the archives the archives Advisory Centre 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, the Advisory Centre benefits from immunity from jurisdiction and execution, except: a) insofar as this immunity was formally lifted, in a particular case by the Executive Director of the Advisory Center or the person designated by him; b) in the case of an action in civil liability against the Advisory Centre 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 the Advisory Centre to one of its officials; d) in case of a counter-claim directly related to a procedure initiated by the Advisory Centre main title; summer) in the case of enforcement of an arbitration award made under art. 30 of this agreement.

((2. the buildings or parts of buildings, the adjoining land and property, properties of the Advisory Center 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 the Advisory Center are subject to no restrictions.

Art. 7 tax system 1. The Advisory Centre, its assets, income and other property are exempt from direct taxes federal, cantonal and municipal. However, for buildings, this exemption applies only to those whose Advisory Center is owner and which are occupied by its services, as well as income coming in.
2. the Advisory Center 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 Advisory Center is exempt from all taxes federal, cantonal and communal, as long as it involves no taxes collected as remuneration for services rendered.
4. If it is necessary, the exemptions mentioned above will be conducted by way of refund, at the request of the Advisory Center and according to a procedure to determine between the Advisory Centre and the competent authorities.

Art. 8 customs treatment in customs of articles intended for the official use of the Advisory Center 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 free disposal of funds the Centre 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. The Advisory Centre 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 Advisory Centre has the right to use codes for its official communications. He 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 Advisory Centre will not be censored.
4. the Advisory Centre is free from the obligation of approval for wireline installations of users (wireless communications) he puts in place and operates exclusively within the walls of its buildings or parts of buildings or adjacent land. User facilities will have to be implemented and operated so that they do not endanger people and property and that they do not disrupt telecommunications and broadcasting.
5. the operation of the facilities of telecommunications (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 the officials of the Advisory Centre has the same legal capacity in Switzerland than the Advisory Centre. It benefits, the extent of its activity in favour of public servants, the same privileges and immunities as the Advisory Center itself, with respect to movable property.

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

II. Privileges and immunities granted to the people named in official capacity with the Center Advisory art. 13 privileges and immunities granted to representatives of States members of the Advisory Centre and the members of the Management Board 1. The representatives of the States members of the Advisory Centre and the members of the Board of Directors, called in official capacity to participate in conferences or meetings with the Advisory Centre, enjoy, during the exercise of their functions in Switzerland and during travel to or from the place of meeting, the privileges and immunities include: has) immunity from arrest or detention except in case of flagrante delicto and exemption from the inspection of the luggage staff; b) immunity from jurisdiction, even after the end of their mission, for the acts performed in the exercise of their functions, including their words and writings, subject to art. 21 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 (and any formality of registration of foreigners and any obligation of national service; f) the same facilities in respect to monetary regulations or Exchange as those granted to representatives of foreign Governments on temporary official missions.


2. the privileges and immunities are granted to the representatives of the States members of the Advisory Centre and the members of the Board of Directors, not for their personal benefit, but in order to ensure complete independence in the exercise of their functions in connection with the Advisory Centre. Therefore, the competent authorities of a Member State of the Advisory Center raise any 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. With respect to the members of the Executive Council, the President of the General Assembly has standing to waive immunity.

SR 631.145.0 art. 14 privileges and immunities granted to the Executive Director and senior officials of the Advisory Center 1. Subject to art. 21 of this agreement, the Executive Director of the Centre or, if the latter is unable to attend, 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 are paid to them by the Advisory Centre. This exemption applies to people of Swiss nationality, provided that the Advisory Centre 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 before the Advisory Center are 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 officials of the Advisory Centre Advisory Centre officials, regardless of 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. (21 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 the Advisory Centre. This exemption extends to officials of Swiss nationality, provided that the Advisory Centre 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 the Advisory Centre 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 former officials of the Advisory Center are denied the exemption.

Art. 16 privileges and immunities granted to officials not Swiss Advisory Centre in addition to the privileges and immunities listed in art. 15, the Advisory Centre officials who do not have Swiss nationality: a) are exempt from any obligation with respect to national service in Switzerland; 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 privileges and immunities granted to representatives of least developed countries using the services of the Centre for representatives of least developed countries who use the services of the Advisory Center (a) enjoy, subject to art. 21 of this agreement, of immunity from jurisdiction for the acts performed in the exercise of their functions, including their words and writings, even after these people have stopped their duties; b) enjoy inviolability of all papers, materials data and documents officials; c) are not subject to the provisions limiting immigration and registration of foreigners.

Art. 18 social welfare 1. Advisory Centre 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.
2. officials of the Advisory Center, 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. officials of the Advisory Center are not subject to accident insurance mandatory Swiss, as far as Advisory Centre give them equivalent protection against the consequences of professional and non-professional accidents and occupational diseases.

SR 0.192.122.632.121 art. 19 military service of Swiss officials 1. The Advisory Centre 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 the Centre for exerting leadership positions within the Advisory Centre. the beneficiaries of such leave are provided services, inspection and mandatory shooting out of the service.
3. for the Swiss Advisory Centre officials who do not fall 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 the Advisory Centre at the federal Department of Foreign Affairs for the federal Department of defence, protection of the population and sports.

Art. 20 privileges and immunities granted to experts on mission for the Centre for experts on mission for the Advisory Center, whatever their nationality, enjoy the following privileges and immunities: has) 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. 21 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 any obligation of national service; d) 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 those granted to the diplomatic agents.

Art. 21 exceptions to immunity from jurisdiction referred to in art. 13, 14, 15, 17 and 20 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. 22 object in the 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 the Advisory Center 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 Advisory Center. With respect to the Executive Director, the Chairman of the Board of Directors have to waive the lifting of immunity.

Art. 23 access, stay and exit the Swiss authorities take all necessary measures to facilitate the entry into Swiss territory, the output of this territory and the stay to all people, regardless of their nationality, called in an official capacity with the Advisory Centre, either: a) representatives of States members of the Advisory Center and their spouse, b) members of the Management Board of the Advisory Center and their spouse; c) Executive Director (((, government officials and officials of the Advisory Center, and the members of their family living at their expense and making common household; d) the representatives of the least developed countries using the services of the Centre Advisory; e) experts on mission for the Advisory Center; f) anyone else, regardless of his nationality, called in an official capacity with the Advisory Centre.

Art. 24 identity cards 1. The federal Department of Foreign Affairs shall provide Advisory Centre, 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 Advisory Center regularly to the federal Department of Foreign Affairs the list of officials the Advisory Centre and the members of their family, indicating for each of them the date of birth, nationality, domicile and the category or the function class to which they belong.

Art. 25. the Centre Advisory abuse prevention and the Swiss authorities will cooperate 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. 26 private disputes the Advisory Centre will arrange appropriate with a view to the satisfactory settlement: a) of disputes arising from contracts to which the Advisory Centre 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, 17 and 20 who enjoy, because of their official position, of immunity, if such immunity was lifted in accordance with the provisions of the art. 13, by. 2, and 22 of this agreement.

III. Disclaimer and security of Switzerland art. 27 Disclaimer of the Switzerland the Switzerland incur, as a result of the activity of the Advisory Center on its territory any international responsibility any for acts and omissions of the Advisory Center or for the officials of the latter.

Art. 28 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 soon as circumstances permit, in relation to the Advisory Centre to stop by mutual agreement the measures necessary to protect the interests of the Advisory Centre.
3. the Advisory Center collaborates with the Swiss authorities to avoid any prejudice to the safety of the Switzerland of the fact of its activity.

IV. provisions final art. 29 performance of the agreement by the federal Department of Foreign Affairs Switzerland is the Swiss authority responsible for the execution of this agreement.

Art. 30 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 Advisory Centre 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. 31 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. 32 denunciation of the agreement the present agreement may be denounced by one or the other party with a notice written in two years.

Art. 33 entry into force this agreement comes into force the day of its signature. It shall apply from July 15, 2001, the date of the entry into force of the agreement establishing the Advisory Centre.
Made in Bern, on 18 October 2001, in duplicate, in the French language.

To the Swiss federal Council: for the Advisory Centre on WTO law: the public branch of international law Director: Nicolas Michel Otto th. embarrassed the president of the General Assembly: RO 2004 5115 RS 0.632.209; FF 2003 996 11 State. July 2006

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