0.192.122.972.11 original text agreement between the Swiss Confederation and the South Centre to determine the legal status of the Centre in Switzerland concluded on March 20, 1997 entered into force on 20 March 1997 (State on November 6, 2001) the Swiss federal Council, on the one hand, and the South Centre, on the other hand, saw art. I, by. 2, of the agreement of 1 September 1994 on the establishment of the South Centre which provides that Geneva will be in the center seat, view of art. XI, by. 3, of the agreement referring to the conclusion of the 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 Art Center. 1 personality and capacity the federal Council Swiss acknowledges the international legal personality and capacity legal in Switzerland of the South Center, referred to below as the Center.
Art. 2 independence and freedom of action 1. The Swiss federal Council guarantees the independence and freedom of action of the Centre, which belong to him as an intergovernmental organization.
2. it recognises, as well as to the members of the Centre in their dealings with him, meeting absolute freedom, with the 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 needs of the Centre, shall be inviolable. No agent of the Swiss public authority cannot enter without the express consent of the Executive Director of the Centre or a person designated by him.
Art. 4 inviolability of the archives the archives of the 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 Centre benefits from immunity from jurisdiction and execution, except: a) insofar as this immunity was formally lifted, in a particular case by the Director Executive of the Center or the person designated by him; b) in the case of an action in civil liability against the Center 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 Center to one of its officials; d) in case of a counter-claim directly related to proceedings initiated primarily by the Center, summer) in the case of enforcement of an arbitration award made under art. 29 of this agreement.
((2. the buildings or parts of buildings, the adjoining land and property, properties of the Center or used by it for its purposes, regardless of where they are located and 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 cases provided for in the by. 1 art. 6 publications and communications publications and communications of the Centre are subject to no restrictions.
Art. 7 tax system 1. The Centre, its assets, income and other property are exempt from direct taxes federal, cantonal and municipal. However, for buildings, this exemption applies that has those the Center owns and which are occupied by its services, as well as income coming in.
2. the 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 services made for official use, in accordance with Swiss legislation.
3. the Center is exempt from all taxes federal, cantonal and communal, as long as it involves no tax collected in 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 Center and according to a procedure to determine between the Centre and the competent authorities.
Art. 8 customs treatment in customs of articles intended for the official use of the Center is governed by the Ordinance of 13 November 1985 concerning the customs privileges of international organi-sations, 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 any gold, all currencies, all cash and other securities, dispose freely both within Switzerland as in its foreign relations.
Art. 10 communications 1. The 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 telecommunications Union, amended Kyoto on October 14, 1994.
2. the 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 Center cannot be censored.
4. the Center is exempt 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 and the company of the Swiss PTT.
RS 0.784.02 not published to the RO, the text of these amendments is not in this collection. It can be obtained in french and English from OFCOM, the future 44, p.o. box, 2501 Biel Street.
Art. 11 Fund pension and trust funds 1. Any pension fund or pension fund officially operating in favour of the officials of the Centre has the same legal capacity in Switzerland than the Center. It has, to the extent of its activity in favour of public servants, the same privileges and immunities that the Center itself, in what concerns movable property.
2. the funds and foundations, with or without legal personality, and assigned to its official goals, managed under the auspices of the Center enjoy the same exemptions, privileges and immunities as the Centre, with regard to their personal property. The Fund created after the entry into force of this agreement will benefit from the same privileges and immunities as provided in the agreement of the competent federal authorities.
Art. 12 pension social 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 Art Center. 13 privileges and immunities granted to representatives of the Member States of the Council of the Centre and the members of the Committee of the Centre 1. The representatives of the Member States of the Council of the Centre and members of the Committee of the Centre, called in official capacity to participate in conferences or meetings with the 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. 20 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 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 Member States of the Council of the Centre and the members of the Committee of the Centre, not for their personal benefit, but in order to ensure complete independence in the exercise of their functions in connection with the Center. Therefore, the competent authorities of a Member State of the 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.
SR 631.145.0 art. 14 privileges and immunities granted to the Chairman of the Committee of the Centre, the Executive Director and senior officials 1. Subject to art. 20 of this agreement, the Chairman of the Committee of the Centre, the Executive Director Center or incapacity of the latter, his replacement, and Government officials receive 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 Centre; This exemption applies to people of Swiss nationality, provided that the Center 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 Center denied the exemption.
Certainty in addition that the Switzerland retains the option to account for wages, salaries and other items of income exempt to determine the tax rate applicable to the other elements, normally taxable, the income of these people.
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 Centre the 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. (20 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 are paid to them by the Centre; This exemption extends to officials of Swiss nationality, provided that the Center 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 Center for compensation as a result of disease, accident, etc.; on the other hand, the income from the capital paid, as well as annuities and pensions paid to former officials of the Centre denied the exemption.
Certainty in addition that the Switzerland retains the option to account for wages, salaries and other items of income exempt to determine the tax rate applicable to the other elements, normally taxable, the income of officials.
Art. 16 privileges and immunities granted to officials not Swiss Centre in addition to the privileges and immunities listed in art. 15, the officials of the Centre 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 social welfare 1. Center 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. the officials of the Centre, 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. the officials of the Centre are not subject to accident insurance mandatory Swiss, as long as the Center give them equivalent protection against the consequences of professional and non-professional accidents and occupational diseases.
Art. 18 military service of Swiss officials 1. The officials of the Centre 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) can be granted to Swiss officials exercising the leadership positions in the Center Center; the beneficiaries of such leave are provided services, inspection and mandatory shooting out of the service.
3. to officials of Swiss nationality of the Centre which are not 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 Center to the federal Department of Foreign Affairs for the federal Department of Foreign Affairs for the military Department.
Currently "federal Department of defence, protection of the population and sports".
Art. 19 privileges and immunities granted to experts on mission for the Center experts on mission for the Center, 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. 20 of this agreement; b) inviolability of all papers, data media and official; c documents) 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 missions temporary; e) the same immunities and facilities in respect to their luggage staff than those granted to the diplomatic agents.
Art. 20 exceptions to immunity from jurisdiction referred to in art. 13, 14, 15, and 19 of this agreement didn't enjoy immunity from 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 to the prescriptions of the Federal road traffic that can be punished by a fine.
Art. 21 purpose of 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 Centre 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 Centre. With respect to the Executive Director, the Chairman of the Committee of the Centre have to waive the lifting of immunity. With respect to the center of the Committee Chairman, the President of the Council of representatives of States members have to waive the lifting of immunity.
Art. 22 access, stay and exit the Swiss authorities take all necessary measures to facilitate the entry into Swiss territory, leaving the territory and the stay to all people regardless of their nationality, called in an official capacity with the Centre, either: a) the representatives of the Member States of the Council of the Centre and their spouse, b) the members of the Committee of the Centre and their spouse; c) Executive Director ((, government officials and officials of the Center, as well as members of their family living at their expense and making common household; d) experts on mission for the Centre; e) any other person, regardless of his nationality, called in an official capacity with the Center.
Art. 23 legitimation cards 1. The federal Foreign Affairs Department shall at the Center, 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 Centre regularly to the federal Department of Foreign Affairs the list of officials of the 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. 24 preventing abuse. 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 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. 25 private disputes the Center will make arrangements appropriate to the satisfactory settlement: a) of disputes arising from contracts to which the 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 and 19 who enjoy, because of their official status, immunity, if such immunity was lifted in accordance with the provisions of the art. 13, by. 2, and 21 of this agreement.
III. Disclaimer and security of Switzerland art. 26 Disclaimer of the Switzerland the Switzerland faces, because of the activity of the Centre within its territory any international responsibility any to acts and omissions Center or for the officials of the latter.
Art. 27 security of Switzerland 1. The jurisdiction of the Swiss federal Council to take all measures neces-Sary to safeguard the security of the Switzerland is reserved.
2. in the event that it was necessary to apply the by. 1 of the present article, the Swiss federal Council starts, as soon as circumstances permit, in relation to the Center to stop by mutual agreement the measures necessary to protect the interests of the Centre.
3. the 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. 28 implementation of the agreement by the federal Department of Foreign Affairs Switzerland is the Swiss authority charged with the execution of this agreement.
Art. 29 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 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. 30 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. 31 denunciation of the agreement the present agreement may be denounced by one or the other party with a notice written in two years.
Art. 32 entry into force this agreement comes into force the day of its signature. It shall apply from 1 January 1997.
Made in Bern, March 20, 1997, in duplicate, in the French language.
To the Swiss federal Council: for the South Centre: Flavio Cotti Julius K. Nyerere RO 2001 2594 State on November 6, 2001