0.192.122.632.121 exchange of letters of 18 October / November 1, 2001, between the Swiss Confederation and the Advisory Centre on the WTO law concerning the status of international civil servants of Swiss nationality with respect to the Swiss social insurance (OASI/di/APG and AC) entered into force on 18 October 2001 (status December 21, 2004) original text federal Department of Foreign Affairs Bern October 18, 2001 international law Directorate public the Director Otto th. Genee President of the General Assembly of the Advisory Centre on legislation in the WTO Geneva Mr President, referring to the federal decree of 22 March 1996 delegating to the federal Council the competence to conclude with international organizations of agreements relating to the status of international civil servants of Swiss nationality in Swiss social insurance (OASI/di/APG and AC) , I have the honour to communicate to you the following: on behalf of the Swiss federal Council, I have the honour to propose that as from the entry into force of the agreement of October 18, 2001, between the Swiss federal Council and the Advisory Centre on the WTO law to determine the legal status of the Centre in Switzerland, the Swiss Advisory Centre civil servants are more considered by the host as being insured compulsory old-age insurance and surviving State) AVS), disability insurance (AI), to the regime of allowances for loss, gain (APG) and unemployment (UI) insurance provided that they are affiliated to a pension system laid down by the Advisory Centre. If they exercise their functions in Switzerland, they will be able to join on a voluntary basis, either to the AVS/AI/APG/AC only AC. To do this, they must file their application for membership with the caisse de compensation of the canton of domicile within a period of three months from their affiliation with a welfare system provided by the Advisory Centre.
In addition, I have the honour to propose that the spouses, Swiss or foreign international civil servants of Swiss nationality by the Advisory Centre, who are domiciled in Switzerland, are more must be assured to the OASI/di/APG, when exercising any gainful activity at the time of the membership of the international civil servant at the welfare system provided by the Advisory Centre or when they subsequently cease their gainful activity. They will have the opportunity to join the OASI/di/APG on a voluntary basis. To do this, they must file their application with the caisse de compensation of the canton of domicile within a period of three months from the membership of the international civil servant at a welfare system provided by the Advisory Centre, or within a period of three months from the cessation of their gainful activity. The above regulations apply also to spouses - not enjoying privileges and immunities - of foreign international civil servants, who are exempt from the Swiss social security under art. 1, al. 2, let. a, LAVS.
Insured persons may, at any time, terminate all of the insurance coverage they chose for the end of the month. Insured to the AVS/AI/APG/AC can however terminate only the OASI/di/APG and maintain their affiliation with the AC. The termination is valid for the duration of the commitment of the international civil servant in the service of the Advisory Centre. Subject to the special conditions set out in this letter, the provisions of the AVS/AI/APG/AC will be applicable. Those insured persons who do not meet their obligations in a timely manner will be excluded after summation.
The Advisory Centre provides a list of the Swiss civil servants affiliated with a welfare system provided by the Advisory Centre at the time of the entry into force of the headquarters agreement to the federal Department of Foreign Affairs and shall in writing notify each entry or exit a Swiss official audit or system.
I obliged if you kindly let me know if the above meets your approval. If so, this letter and your reply shall constitute an agreement by way of exchange of letters. Shall enter into force on the same date as the headquarters agreement. May there be terminated by one or the other party, for the first day of a calendar year, with a notice written twelve months.
Please accept, Sir, the assurance of my highest consideration.
Nicolas Michel thank you for your letter of October 18, 2001 on the situation of the staff of the Advisory Centre of Swiss nationality in social insurance (AVS/AI/APG/AC) in the headquarters agreement of 18 October 2001 concluded between the Swiss federal Council and the Advisory Centre on WTO law. I have the pleasure to inform you that your proposal meets with the approval of the Advisory Centre.
Please accept, Mr Director, the assurance of my highest consideration.
Otto th. Genee RO 2004 5127 RS 192.13 RS 0.192.122.632.12 RS 831.10 State 11. July 2006