0.192.122.53 original Swiss agreement between the federal Council and the International Center of humanitarian demining - Geneva relating to the status of the Centre in Switzerland concluded on February 25, 2003 entered into force on 25 February 2003 (State on September 23, 2003) the Swiss federal Council, on the one hand, and the International Center of humanitarian demining - Geneva, on the other hand, eager to help end the suffering and loss of human lives caused by anti-personnel mines and other debris war, convinced of the need to promote the development of international humanitarian law and its effective implementation, determined to strengthen international cooperation in the field of humanitarian demining, referring to the agreement reached on 7 November 2001 the States parties to the Convention of 18 September 1997 on the prohibition of employment, storage, production and transfer of anti-personnel mines (called hereafter the Convention on the prohibition of anti-personnel landmines) and the International Centre humanitarian demining - Geneva (hereinafter referred to as the Centre), that relationships conventional international law between two Parties, aware of the potential for development of these relations, underlining the fact that the pays, on behalf of the States parties to the Convention, tasks entrusted by them, have agreed to the following provisions: art. 1 purpose of the agreement 1. This agreement has for object the exercise by the Center, international tasks entrusted to it by the States parties to the Convention on the prohibition of anti-personnel mines, in accordance with the agreement of November 7, 2001 above or, where appropriate, by other international mandates.
2. the present agreement does not obstacle to the federal Department of the Interior to exercise its responsibility as a supervisory body of the foundations, with respect to the goals of the Center.
Art. 2 freedom of action 1. The Swiss federal Council guarantees the independence and freedom of action of the Centre.
2. it recognises freedom of absolute meeting, with the freedom of discussion, decision and publication on Swiss territory.
Art. 3 capacity legal. the Swiss federal Council recognizes the legal capacity of the Centre in Switzerland.
Art. 4 free disposal of funds the Centre may receive, hold, convert and transfer all funds, all currencies, all cash and other securities, dispose freely both within Switzerland as in foreign relations.
Art. 5 inviolability of the archives the archives and documents of the Centre, as well as data carriers which belong to him or are in his possession, shall be inviolable at any time and wherever they may be.
Art. 6 plan tax. the Swiss federal Council exempts the center of the direct federal tax under art. 56, let. g, of the Federal law of 14 December 1990 on the direct federal tax.
SR 642.11 art. 7 immunities 1. The President and the members of the Board of Trustees of the Center, as well as the Director and employees of the Center, regardless of their nationality, enjoy, for the exercise of the tasks referred to in art. 1, has) of immunity from jurisdiction for their acts, including their words and writings, even after their duties; b) inviolability of all papers and documents.
2. the Director of the Centre should waive the immunity of an employee in any case where he considers that such immunity would hamper the action of justice and where it could be waived without prejudice to the interests of the Centre. The Board of Trustees must do the same, in the same circumstances, against the President and members of the Board of Trustees, as well as the Director of the Centre.
3. the immunities provided for in this agreement are not established to give those who receive personal benefits. They are established in order to ensure the free operation of the Centre.
Art. 8 foreign staff 1. The Swiss federal Council exempts the application Center of legislation limiting the number of foreigners (Ordinance of 6 October 1986 limiting the number of foreigners, OLE).
2. it will result in loss of employment, the foreign staff of the Centre can benefit time limited tolerance to regularize their situation according to the law in force.
RS 823.21 art. 9 employees 1 Swiss military service. Employees of the Centre who have Swiss nationality remain required military obligations in Switzerland, according to the provisions of Swiss law in force.
2. a limited number of military leave (leave for abroad) may be granted to collaborators Swiss operating Center of the leadership positions in the Centre.
3. for the center of Swiss employees 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 Centre to the federal Department of Foreign Affairs for the federal Department of defence, protection of the population and sports.
Art. 10 access, stay and exit the Swiss authorities take all appropriate measures to facilitate the entry into Swiss territory, the release of this territory and the stay to members of the Board of Trustees of the Center and, insofar as possible, to all the people, regardless of their nationality, called in an official capacity with the Center.
Art. 11 prevention of abuses the Centre and the Swiss authorities shall co-operate at all times to facilitate the proper administration of justice, to ensure compliance of police regulations and prevent any abuse of the immunities, exemptions and facilities provided for in this agreement.
Art. 12 execution of the agreement by the Switzerland the federal Department of Foreign Affairs coordinates the execution of this agreement in the Federal Government.
Art. 13 settlement of disputes any dispute between the Parties to this agreement concerning the interpretation or the application of it is settled by negotiations between the Parties.
Art. 14 review 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. 15 termination of the agreement the present agreement may be denounced by one or the other party with a notice written one year to the end of a calendar year.
Art. 16 entry into force this agreement comes into force the day of its signature.
Made in Bern on 25 February 2003, in duplicate, in the French language.
To the Swiss federal Council: for the International Centre for humanitarian demining - Geneva: Micheline Calmy - Rey Cornelio Sommaruga RO 2003 3418 RS 0.515.092 State on September 23, 2003