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RS 0.192.122.972.111 Exchange of letters of 20 March 1997 between the Swiss Federal Council and the South Centre concerning the status of international civil servants of Swiss nationality with regard to Swiss social insurance (AVS/AI/APG and AC)

Original Language Title: RS 0.192.122.972.111 Echange de lettres du 20 mars 1997 entre le Conseil fédéral suisse et le Centre Sud concernant le statut des fonctionnaires internationaux de nationalité suisse à l’égard des assurances sociales suisses (AVS/AI/APG et AC)

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0.192.122.972.111

Exchange of letters of March 20, 1997

Between the Swiss Federal Council and the South Centre concerning the status of international civil servants of Swiss nationality with regard to Swiss social insurance (AVS/AI/APG and AC)

Entered into force on 20 March 1997

(Status on 6 November 2001)

Original text

South Centre 1211 Geneva 19

Geneva, 20 March 1997

Mr. Flavio Cotti Vice-President, Federal Council Head of the Federal Department of Foreign Affairs

3003 Berne

Mr. Vice-President of the Federal Council,

I have the honour to acknowledge receipt of your letter of March 20, 1997, which reads as follows:

" Referring to the Federal Decree of 22 March 1996 delegating to the Federal Council the competence to conclude agreements with international organisations relating to the status of international civil servants of Swiss nationality in the field of insurance Swiss social (AVS/AI/APG and AC) 1 , I have the honour to inform you of 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 20 March 1997 between the Swiss Federal Council and the South Centre in order to determine the legal status of the Centre in Switzerland 2 , the officials of Swiss nationality of the Centre are no longer considered by the host State to be insured by the old-age and survivors' insurance (AVS), invalidity insurance (DI), benefit-loss benefit scheme (APG) and Unemployment Insurance (UI), provided that they are affiliated with a contingency plan provided by the Centre. If they perform their duties in Switzerland, they will be able to join, on a voluntary basis, either at the AVS/AI/APG/AC or at HQ alone. In order to do so, they must file their application with the compensation fund of the canton of their domicile within three months of their affiliation to a system of foresight provided for by the Centre.

In addition, I have the honour to propose that the spouses, Swiss or foreign, of the Swiss international civil servants of the Centre, who are domiciled in Switzerland, are no longer compulsorily insured by the AVS/AI/APG, when they Do not engage in a gainful occupation at the time of the international civil servant's affiliation with the system of foresight provided for by the Centre or when they subsequently cease their gainful occupation. They will be able to join the AVS/AI/APG on a voluntary basis. In order to do so, they must file their application with the compensation fund of the canton of their domicile within three months of the international civil servant's affiliation to a system of foresight provided for by the Centre, or A period of three months after the cessation of their gainful occupation. The regulations described above also apply to spouses-who do not enjoy privileges and immunities-of foreign international civil servants who are exempt from Swiss social security under s. 1, para. 2, let. A, LAVS 3 .

Insured persons may, at any time, terminate all insurance coverage they have chosen for the end of the current month. The AVS/AI/APG/AC insured may, however, terminate only the AVS/AI/APG and maintain their affiliation with the ACAN. Termination shall be valid for the duration of the commitment of the international civil servant to the Centre. Subject to the specific conditions set out in this letter, the provisions of the AVS/AI/APG/AC shall apply to them. Those insured persons who fail to meet their obligations within the prescribed time limit will be excluded after warning.

The Centre shall provide the Federal Department of Foreign Affairs with a list of officials of Swiss nationality affiliated with a system of foresight provided by the Centre at the time of entry into force of the Headquarters Agreement and shall notify in writing each Admission or exit of a Swiss official to the audit or the said system.

I would be grateful if you would let me know if the above meets your approval. If yes, this letter and your reply will constitute an agreement by way of exchange of letters. The Agreement shall enter into force on the same date as the Headquarters Agreement. It may be terminated by either party on the first day of a calendar year, subject to twelve months' written notice. '

I have the honour to inform you that your letter quoted above meets with the approval of the South Centre.

Please accept, Mr. Vice-President of the Federal Council, the assurance of my high regard.

Julius K. Nyerere

President of the South Centre


RO 2001 2606



State 11. July 2006