0.192.122.632.131
Exchange of letters dated 31 August 2004
Between the Swiss Confederation and the International Trade Information and Cooperation Agency (ACICI) 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 31 August 2004
(Status on 29 March 2005)
Original text
| International Trade Information and Cooperation Agency (ACICI) |
Geneva, 31 August 2004 |
| Geneva |
|
|
Ambassador Paul Seger Directorate of Public International Law Federal Department of Foreign Affairs |
|
Bern |
Ambassador,
I have the honour to acknowledge receipt of your letter of 31 August 2004, the contents of which are as follows:
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" 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 1 (AVS/AI/APG and AC), I have the honour to provide you with the following:
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On behalf of the Swiss Federal Council, I have the honour to propose that as of the entry into force of the Agreement of 31 August 2004 between the Swiss Federal Council and the Agency for International Trade Information and Cooperation (ACICI) for the purpose of Determine the legal status of the Agency in Switzerland 2 , the Swiss civil servants of the ACICI 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), as long as they are affiliated with a pre-need system provided by the AITIC. 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 ACICI.
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In addition, I have the honour to propose that the spouses, Swiss or foreign, of the Swiss international civil servants of the ACICI, who are domiciled in Switzerland, are no longer compulsorily insured in 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 ACICI or when they subsequently cease their lucrative business. 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 by the ACICI, or in a Three months from the termination 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, bed. (a), LAVS 3 .
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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 CA. The termination is valid for the duration of the international officer's commitment to the ACICI service. 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.
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The ACICI shall provide the Federal Department of Foreign Affairs with a list of officials of Swiss nationality affiliated with a foresight system provided for by the ACICI 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.
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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. '
On behalf of the Agency, I accept the provisions contained in your letter. As a result, your letter and mine constitute an agreement by way of exchange of letters which has entered into force today. It may be terminated by either party on the first day of a calendar year, subject to twelve months' written notice.
Accept, Sir, the assurance of my high regard.
