The Swiss Federal Council recognises the international legal personality and legal capacity in Switzerland of the Consultative Centre on WTO Legislation (hereinafter the Consultative Centre).

The Swiss Federal Council guarantees the independence and freedom of action of the Consultative Centre, which belongs to it as an intergovernmental organization.

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

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

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

1. In the course of its activities, the Consultative Centre shall enjoy immunity from jurisdiction and execution, except:

(a)

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

(b)

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

(c)

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

(d)

In the case of a counterclaim directly related to a procedure initiated by the Advisory Centre in its main capacity; and

(e)

In the event of the execution of an arbitral award made pursuant to s. 30 of this Agreement.

2. Buildings or parts of buildings, the adjoining land and property, properties of the Advisory Centre or used by the Centre for its purposes, regardless of where they are located and regardless of who owns them, are 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 Advisory Centre.

1. The Consultative Centre, its assets, income and other assets 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 Advisory Centre, as well as to the revenues derived from it.

2. The Advisory Centre 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. The Advisory Centre shall be exempt from all federal, cantonal and communal taxes, provided that they are not fees collected in respect of particular services rendered.

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

The customs processing of the objects intended for the official use of the Advisory Centre is governed by the order of 13 November 1985 concerning the customs privileges of international organisations, of the States in their relations with these organisations And special missions of foreign states ¹ .

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

1. The Consultative Centre shall receive, 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 Union International telecommunications ¹ , amended at Kyoto on 14 October 1994 and in Minneapolis on 6 November 1998.

2. The Advisory Centre 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 Advisory Centre shall not be censored.

4. The Advisory Centre shall be exempt from the licensing requirement for wireline facilities (wire communications) that it establishes and operates exclusively within the premises of its buildings or parts of buildings or adjoining lands. 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.

Any pension fund or provident institution officially operating in favour of the staff of the Consultative Centre shall have the same legal capacity in Switzerland as the Consultative Centre. It shall enjoy, to the extent of its activity in favour of civil servants, the same privileges and immunities as the Advisory Centre itself, in respect of movable property.

The Consultative Centre shall not be subject, as employer, to the Swiss legislation on old-age and survivors' insurance, invalidity insurance, unemployment insurance, benefit scheme for loss of gain and occupational foresight Old age, survivors and compulsory disability, as well as health insurance.

Representatives of the member States of the Advisory Centre and members of the Governing Board, who are called in official capacity to participate in conferences or meetings with the Advisory Centre, shall enjoy, during the exercise of their Functions in Switzerland and during travel to or from the place of meeting, 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. 21 of this Agreement;

(c)

Inviolability of all documents, data carriers and official documents;

(d)

Privileges and customs facilities 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 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 of national service;

(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 shall be accorded to the representatives of the member States of the Advisory Centre and to the Members of the Governing Board, not to their personal benefit, but with the aim of ensuring, in all independence, the exercise of their functions in Report to the Advisory Centre. Consequently, the competent authorities of a Member State of the Consultative Centre 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 attainment of The purpose for which it was granted. With regard to the Members of the Governing Board, the President of the General Assembly has the right to waive the immunity.

1. Subject to s. 21 of this Agreement, the Executive Director of the Consultative Centre or, in the event of the incapacity of the Advisory Centre, its replacement, and senior officials shall enjoy the privileges, immunities and facilities accorded to diplomatic agents In accordance with international law and people.

2. The persons mentioned above who do not have Swiss nationality shall be exempt from all federal, cantonal and communal taxes on salaries, emoluments and allowances paid to them by the Consultative Centre; this exemption Applies to persons of Swiss nationality, provided that the Consultative Centre 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 Advisory Centre, 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 order 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 .

The officials of the Consultative Centre, whatever their nationality, shall 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. 21 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 Consultative Centre; this exemption extends to officials of Swiss nationality, provided that the Consultative Centre Provides for internal taxation. 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 in respect of all capital benefits which may be paid to officials of the Advisory Centre as compensation for sickness, accident, etc.; on the other hand, income from Funds, as well as annuities and pensions paid to former staff members of the Advisory Centre, do not benefit from the exemption.

In addition to the privileges and immunities listed in s. 15, staff members of the Advisory Centre who do not have Swiss nationality:

(a)

Are exempt from any obligation relating to the national service 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 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 .

Representatives of the least developed countries using the services of the Advisory Centre

(a)

Enjoy, subject to s. 21 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, data carriers and official documents;

(c)

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

1. Officials of the Advisory Centre who do not have Swiss nationality are not subject to the Swiss legislation on old-age and survivors' insurance, invalidity insurance, unemployment insurance, benefit-loss benefit scheme And occupational pensions, survivors and compulsory invalidity.

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

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

3. Officials of the Advisory Centre shall not be subject to Swiss compulsory accident insurance, provided that the Advisory Centre provides them with equivalent protection against the consequences of professional and non-professional accidents and Occupational diseases.

1. Officials of the Consultative Centre 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 leave) may be granted to Swiss officials from the Advisory Centre acting in the Advisory Centre; the beneficiaries of such leave are exempt from the Services, inspection and mandatory shooting outside the service.

3. For officials of Swiss nationality of the Advisory Centre 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 for foreign nationals and requests for permutation of the training service are submitted by the Advisory Centre to the Federal Department of Foreign Affairs for the Federal Department of Defence, People and sports.

The experts on mission for the Consultative Centre, 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. 21 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 of national service;

(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, 17 and 20 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 driven 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 established solely in order to ensure, in all circumstances, the free functioning of the Consultative Centre 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 Advisory Centre. 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 of all persons, irrespective of their nationality, called in official capacity with the Centre Advisory, namely:

(a)

Representatives of the member states of the Consultative Centre and their spouses;

(b)

Members of the Board of Directors of the Advisory Centre and their spouses;

(c)

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

(d)

Representatives of the least developed countries using the services of the Advisory Centre;

(e)

Experts on mission for the Advisory Centre;

(f)

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

The Federal Department for Foreign Affairs shall transmit to the Advisory Centre, for each staff member, as well as members of his or her family admitted for the purpose of family reunification, living together with him, and Not carrying on a gainful occupation, a legitimising card bearing the photograph of the holder. This card is used for the legitimation of the holder in respect of any federal, cantonal and communal authority.

2. The Advisory Centre shall communicate regularly to the Federal Department of Foreign Affairs the list of staff members of the Advisory Centre and members of their families, indicating the date of birth, nationality, Home and the category or function class to which they belong.

The Consultative Centre and the Swiss authorities shall cooperate at all times with a view to facilitating the proper 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 Consultative Centre shall make appropriate arrangements for the satisfactory resolution of:

(a)

Disputes arising from contracts to which the Advisory Centre 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, 17 and 20 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 22 of this Agreement.

Switzerland shall not, as a result of the activity of the Consultative Centre on its territory, incur any international responsibility for the acts and omissions of the Advisory Centre 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 soon as circumstances permit, permit the Swiss Federal Council in connection with the Consultative Centre with a view to the adoption of the Necessary measures to protect the interests of the Advisory Centre.

3. The Consultative Centre 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, to A three-member arbitral tribunal.

2. The Swiss Federal Council and the Consultative Centre 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 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 shall apply from 15 July 2001, that is to say on the date of entry into force of the Agreement establishing the Advisory Centre.

Done at Berne, on October 18, 2001, in duplicate, in French.