Advanced Search

RS 0.192.122.734.1 Agreement of 16 December 2008 between the Swiss Federal Council and the International Electrotechnical Commission to settle the tax status of the Commission and its staff in Switzerland

Original Language Title: RS 0.192.122.734.1 Accord du 16 décembre 2008 entre le Conseil fédéral suisse et la Commission électrotechnique internationale pour régler le statut fiscal de la Commission et de son personnel en Suisse

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.192.122.734.1

Original text

Agreement

Between the Swiss Federal Council and the International Electrotechnical Commission to settle the tax status of the Commission and its staff in Switzerland

Concluded on 16 December 2008
Entered into force on 1 Er January 2009

(State 1 Er January 2009)

The Swiss Federal Council,

On one hand,

And

The International Electrotechnical Commission,

On the other hand,

Wishing to conclude an Agreement to settle the tax status of the Commission and its staff in Switzerland,

Agreed to the following provisions:

Art. 1

The International Electrotechnical Commission, its assets, and its income and other property are exempt from direct federal, cantonal and communal taxes.

Art. 2

1. The International Electrotechnical Commission is exempt from federal, cantonal and communal indirect taxes.

2. The Commission is exempt from the value added tax (VAT) for all its acquisitions of goods and services made on Swiss territory to taxable persons, as well as for all its acquisitions of Services to enterprises having their registered office abroad, intended exclusively for its official use.

3. The Commission is not exempt from entry fees (customs duties, VAT, etc.) for imported goods.

Art. 3

The International Electrotechnical Commission is exempt from all federal, cantonal and communal taxes, with the exception of those collected in respect of specific services rendered.

Art. 4

In the case of immovable property, the above exemptions apply only to those of which the International Electrotechnical Commission owns and is occupied by its services, as well as to the income derived from them.

Art. 5

Where applicable, the above exemptions shall be made by way of reimbursement, at the request of the International Electrotechnical Commission and following a procedure to be determined by the International Electrotechnical Commission and the competent Swiss authorities.

Art. 6

Members of the staff of the International Electrotechnical Commission who do not have Swiss nationality shall be exempt, for the duration of their duties in the Commission, from all federal, cantonal and communal taxes on the Salaries, emoluments and allowances paid to them by the Commission.

2. Capital benefits which are payable under any circumstances by a pension fund or social security institution are also exempt in Switzerland at the time of payment of any taxes on capital and Income. The same applies to all capital benefits that could be paid as a result of sickness, accident or disability. On the other hand, the income from the capital paid, as well as annuities and pensions paid by the Commission to former members of its staff, do not benefit from the exemption.

3. In addition, it remains understood that Switzerland retains the option of taking into account the treatment and other exempt income elements in determining the tax rate applicable to other, normally taxable items, of the income of the members of the Staff.

Art. 7

The tax privileges provided for in this Agreement shall not be established in order to grant personal benefits to the staff of the International Electrotechnical Commission. They shall be established solely in order to ensure, in all circumstances, the free functioning of the Commission.

Art. 8

The International Electrotechnical Commission shall cooperate with the Swiss authorities at all times with a view to preventing any abuse of the privileges provided for in this Agreement.

Art.

The Federal Department of Foreign Affairs shall be the Swiss authority responsible for the implementation of this Agreement.

Art. 10

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, A three-member arbitral tribunal.

(2) The parties to this Agreement 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 Swiss Federal Court at the request of either party.

4. The arbitral tribunal shall determine its own procedure. The language of the arbitration shall be French.

5. The arbitral award shall be binding on the parties to the dispute and final.

Art. 11

(1) This Agreement may be revised at any time at the request of either party.

2. In this event, both parties agree on any changes to the provisions of this Agreement.

Art. 12

This Agreement may be denounced by either party on two-year written notice for the last day of a calendar year.

Art. 13

This Agreement shall enter into force on 1 Er January 2009.

Done at Berne, on December 16, 2008, in duplicate, in French.


For the

Swiss Federal Council:

For the

International Electrotechnical Commission:

Paul Seger

Aharon Amit


RO 2009 275


State 1 Er January 2009