The Swiss Federal Council recognises the international legal personality and legal capacity in Switzerland of the South Centre, hereinafter referred to as the Centre.

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

2. He and the Members of the Centre shall, in their relations with him, recognise the freedom of absolute 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 Centre shall be inviolable. No official of the Swiss public authority shall enter without the express consent of the Executive Director of the Centre or the person designated by him.

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

1. In the course of its activities, the 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 Centre or the person designated by him;

(b)

In the case of civil liability action brought against the 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 Centre to one of its officials;

(d)

In the case of a counterclaim directly related to a procedure initiated by the Centre, and

(e)

In the event of the execution of an arbitral award made pursuant to s. 29 of this Agreement.

2. Buildings or parts thereof, the adjoining land and the property, properties of the Centre or used by the Centre for its purposes, regardless of where they are located and the person holding them, shall be 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 s. 1.

There are no restrictions on the Centre's publications and communications.

1. The Centre, its assets, income and other property are exempt from direct federal, cantonal and communal taxes. However, for real property, this exemption applies only to those of which the Centre owns and is occupied by its services, and to the revenues derived from it.

2. The 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 service benefits made for official use, in accordance with Swiss law.

3. The Centre shall be exempt from all federal, cantonal and communal taxes, provided that they are not taxes levied in respect of specific services rendered.

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

The customs processing of the objects intended for the official use of the Centre is governed by 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 .

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

The Centre shall receive, in its official communications, at least as favourable treatment as that provided to international organizations in Switzerland, to the extent consistent with the Convention of 22 December 1992 of the International Union Telecommunications ¹ , amended in Kyoto on 14 October 1994 ² .

2. The 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 Centre cannot be censored.

4. The Centre shall be exempt from the authorisation requirement for wireline installations (wire communications) which it establishes and operates exclusively within the premises of its buildings or parts of buildings or adjoining land. 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 (wire and wireless communications) shall be technically coordinated with the Federal Communications Office and the Swiss PTT Enterprise.

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

2. Funds and foundations, with or without a legal personality, administered under the auspices of the Centre and assigned to its official purposes, shall enjoy the same exemptions, privileges and immunities as the Centre, in respect of their property Furniture. Funds created after the entry into force of this Agreement shall enjoy the same privileges and immunities subject to the agreement of the competent federal authorities.

The 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 old-age occupational pensions, Survivors and disability, as well as health insurance.

Representatives of the member States of the Council of the Centre and members of the Committee of the Centre, who are called in official capacity to participate in conferences or meetings with the Centre, shall enjoy, during the performance of their duties in Switzerland and During travel to or from the meeting place, 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. 20 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 of the 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 Council of the Centre and to the members of the Committee of the Centre, not to their personal benefit, but with the aim of ensuring, in all independence, the exercise of their functions in Report to the Centre. Consequently, the competent authorities of a Member State of the Centre shall waive all 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 achievement of the objective For which it was granted.

1. Subject to s. 20 of this Agreement, the Chairman of the Committee of the Centre, the Executive Director of the Centre or, in the event of the incapacity of the Centre, its replacement, and senior officials shall enjoy the privileges, immunities and facilities that are recognized to officers Diplomatic in accordance with the law of people and international customs.

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

Moreover, it remains understood that Switzerland retains the option of taking into account the salaries, wages and other exempt income elements in determining the tax rate applicable to other, normally taxable items, of the income of those People.

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 of the Special Missions of States Foreigners ¹ .

The staff of the Centre, irrespective of 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. 20 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 Centre; this exemption extends to officials of Swiss nationality, provided that the Centre provides for taxation Internal. 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 to all capital benefits which may be paid to staff members of the Centre as compensation for sickness, accident, etc.; on the other hand, the income from the capital paid, And annuities and pensions paid to former employees of the Centre do not benefit from the exemption.

In addition, it remains understood that Switzerland retains the ability to take into account the salaries, wages and other exempt income elements in determining the tax rate applicable to other, normally taxable, items of income from the Public servants.

In addition to the privileges and immunities listed in s. 15, officials of the 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 customs privileges of international organizations, States in their relations with such organizations and Special Missions Of foreign states ¹ .

1. Officials of the Centre who do not have Swiss nationality shall not be subject to Swiss legislation on old-age and survivors' insurance, invalidity insurance, unemployment insurance, the benefit-loss benefit scheme and the Old-age pension, survivors and compulsory invalidity.

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

2. Officials of the 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. Staff members of the Centre shall not be subject to Swiss compulsory accident insurance, provided that the Centre provides them with equivalent protection against the consequences of occupational and non-occupational accidents and diseases Professional.

1. Officials of the 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 of the Centre carrying out leading functions within the Centre; the beneficiaries of such leave shall be exempt from services, inspection And mandatory fire out of service.

3. For officials of Swiss nationality of the 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 foreign leave and requests for permutation of the training service are submitted by the Centre to the Federal Department of Foreign Affairs for the Federal Department of Foreign Affairs for the purpose of Federal Military Department ¹ .

The experts on mission for the 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. 20 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, and 19 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 led 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 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 The Center. With regard to the Executive Director, the Chairman of the Committee of the Centre has the capacity to waive immunity. With regard to the Chairman of the Committee of the Centre, the President of the Council of Representatives of the Member States is 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 to all persons irrespective of their nationality, called in official capacity with the Centre, namely:

(a)

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

(b)

Members of the Centre Committee and their spouses;

(c)

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

(d)

Experts on mission for the Centre;

(e)

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

1. The Federal Department for Foreign Affairs provides to the Centre, for each staff member, as well as members of his family who are admitted for the purpose of family reunification, living together with him and not carrying on A lucrative business, a legitimation card with a 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 Centre shall communicate regularly to the Federal Department of Foreign Affairs the list of officials of the Centre and members of their families, indicating for each of them the date of birth, nationality, domicile and category or The function class to which they belong.

The 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, 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 Centre shall make appropriate arrangements for the satisfactory resolution of:

(a)

Disputes arising out of contracts to which the 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 and 19 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 21 of this Agreement.

Switzerland shall not, by reason of the activity of the Centre in its territory, incur any international responsibility for the acts and omissions of the Centre or for those of the Centre's 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 s. 1 of this Article, the Swiss Federal Council shall, as soon as circumstances permit, permit it, in connection with the Centre, with a view to agreeing on the measures necessary to protect the interests of the Centre.

3. The 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.

The Swiss Federal Council and the 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 is applicable from 1 ^Er January 1997.

Done at Berne, on March 20, 1997, in duplicate, in French.