Legal personality

Section 1

The Swiss Federal Council recognizes the international personality and legal capacity of the United Nations.

This Organization cannot, therefore, in accordance with the rules of international law, be brought before the Swiss courts without its express consent.

Property, funds and assets

Section 2

The premises of the Organization shall be inviolable. Its assets and assets in Switzerland shall not be subject to search, requisition, confiscation, expropriation or any other form of executive, administrative, judicial or legislative constraint.

Section 3

The archives of the Organization and, in general, all documents belonging to or held by it in Switzerland shall be inviolable.

Section 4

Without being bound by any financial control, regulation or moratorium:

A.

The Organization may hold any funds, gold or currency and hold accounts in any currency;

B.

The Organization may freely transfer its funds, gold or currency to Switzerland, outside Switzerland, or within Switzerland and convert any currency held by it into any other currency.

In the exercise of the rights granted to it under this Section, the Organization shall take into account all representations of the Swiss Federal Council in so far as it considers that it will be able to act thereon without prejudice to its own Interest.

Section 5

The United Nations, its assets, income and other assets are:

A.

Exempt from any direct or indirect, federal, cantonal or communal tax. It is understood, however, that the Organization will not seek exemption from taxes that would in fact represent mere remuneration for public services;

B.

Exonated stamp duty on coupons instituted by Swiss Federal Law of June 25, 1921 ¹ And the anticipated tax imposed by the Order of the Federal Council of 1 ^Er September 1943 ² , supplemented by the Order of the Federal Council of 31 October 1944 ³ The exemption is effected by the reimbursement to the Organisation of the duties collected on its assets;

C.

Exempt from customs duties on articles imported or exported by the United Nations for its official use. It is understood, however, that duty-free items will not be sold in Switzerland unless they are subject to conditions approved by the Swiss Federal Council;

D.

Affranchis of any prohibition and restriction of import or export in respect of objects to the United Nations for its official use, on the understanding that it is for the United Nations to use its good Offices for obtaining the necessary consent from any other State concerned, and subject to the provisions of the general international conventions and sanitary measures;

E.

Exempt from any customs duties and prohibitions and restrictions on imports and exports in respect of its publications.

Section 6

The United Nations is prepared in principle not to claim exemption from indirect taxes as well as sales taxes that enter into the price of movable and immovable property; it intends to limit this exemption to purchases For its official use, the price of which would include taxes of that nature. In such cases, the Swiss Federal Council shall take the appropriate administrative arrangements for the remission or refund of the amount of such taxes.

Communications facilities

Section 7

The United Nations will benefit in Switzerland, for its official communications, from at least as favourable treatment as the treatment accorded by the Swiss Federal Council to any government, including its diplomatic mission, in respect of the Concerns priorities, rates and taxes on mail, cable, telegrams, radiotelegrams, telephotos, telephone communications and other communications, as well as press rates for the press and the press Radio, in accordance with the International Telecommunications Convention ¹ The official correspondence and other official communications of the Organization shall not be censored.

Section 8

The United Nations shall have the right to use codes and to ship and receive correspondence by couriers or suitcases, which shall enjoy the same privileges and immunities as diplomatic couriers and bags.

Representatives of United Nations membership

Section 9

The representatives of the Members of the Organization with its principal and subsidiary organs and at conferences convened by the Organization shall enjoy, during the performance of their functions and during the course of travel to or from the The meeting of the following immunities and privileges:

A.

Immunity from personal arrest or detention and seizure of their personal baggage and, in respect of acts performed by them in their capacity as representatives, including their words and writings, immunity from any jurisdiction;

B.

Inviolability of all papers and documents;

C.

The right to use codes and to receive documents or correspondence by mail or in sealed bags;

D.

Exemption for themselves and their spouses of all restrictive measures relating to immigration, of all formalities for the registration of foreigners and of all national service obligations;

E.

The same facilities for monetary or foreign exchange regulations as those accorded to representatives of foreign governments on temporary official missions;

F.

The same immunities and facilities in respect of their personal baggage as those accorded to diplomatic agents;

G.

Other privileges, immunities and facilities not incompatible with the foregoing which are enjoyed by diplomatic agents, except for the right to claim exemption from customs duties on imported goods (other than those which are part of their Personal baggage) or exemption from indirect taxes or sales taxes.

Section 10

With a view to assuring the representatives of the Members of the Organization to its principal and subsidiary organs and to the conferences convened by the Organization a complete freedom of speech and complete independence in the performance of their Functions, immunity from jurisdiction in respect of words or writings or acts emanating from them in the performance of their duties shall continue to be accorded to them, even after such persons have ceased to be representatives of Members.

Section 11

In cases where the incidence of any tax is subject to the residence of the taxable person in Switzerland, the periods during which the representatives of the Members of the Organization to its principal and subsidiary organs and to the conferences Summoned by the Organization will be in Switzerland for the performance of their duties will not be considered as periods of residence.

Section 12

Privileges and immunities shall be accorded to the representatives of the Members of the Organization, not to their personal benefit, but in order to ensure the independence of the performance of their functions in relation to the Organization. Therefore, a Member of the Organization not only has the right, but the duty to waive the immunity of his representative in all cases where, in his view, immunity would impede the action of justice and where it can be waived without compromising the The purpose for which it was granted.

Section 13

For the purposes of this Article, the term "representatives" shall be considered to include all delegates, deputy delegates, advisers, technical experts and secretaries of delegation.

Officials of the United Nations

Section 14

The Secretary-General shall communicate to the Swiss Federal Council periodically and in the same manner as the Governments of the Member States the names of the officials to whom the provisions of this Article and of Art. VII are applicable.

Section 15

United Nations officials:

A.

Enjoy immunity from jurisdiction for acts performed by them in their official capacity, including words and writings;

B. ¹

Will be exempt from any tax on salaries and emoluments paid by the United Nations;

1. ²

All capital benefits payable by the pension fund or any other social security institution to agents, officials or employees of the United Nations, in any event-due, interruption, Suspension of services-shall, at the time of their payment, be exempt in Switzerland from any taxes on capital and income.

2. ³

The same shall apply to all capital benefits that could be paid to United Nations staff, officials or employees as compensation for sickness, accident, etc.;

C.

Shall be exempt from any obligation relating to the national service, subject to the special provisions concerning officials of Swiss nationality laid down in the Annex to this Agreement;

D.

The provisions restricting immigration and the registration of foreigners shall not be subject to the provisions of their spouses and their families living in their care;

E.

In the case of exchange facilities, shall enjoy the same privileges as officials of a comparable rank belonging to diplomatic missions accredited to the Swiss Federal Council;

F.

Play, as well as their spouses and dependent family members, the same repatriation facilities as diplomatic agents in times of international crisis;

G.

They will enjoy the right to import their furniture and effects free of charge on their first entry into office in Switzerland.

Section 16

The Secretary-General, the Assistant Secretaries-General and the assimilated officials shall enjoy, in respect of their spouses and minor children, privileges, immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with The right of people and international practices. ⁴

In addition, officials of categories designated by the Secretary-General, or the person appointed by the Secretary-General, and approved by the Swiss Federal Council, shall enjoy the privileges, immunities, exemptions and facilities accorded to diplomatic agents not Heads of mission. ⁵

Section 17

Privileges and immunities are granted to civil servants solely for the benefit of the United Nations and not for their personal benefit. The Secretary-General may and shall waive the immunity granted to an official in all cases where, in his opinion, such immunity would impede the action of justice and may be waived without prejudice to the interests of the Organization. With regard to the Secretary-General, the Security Council is entitled to waive the immunities.

Section 18

The United Nations will, at all times, work with the relevant Swiss authorities to facilitate the proper administration of justice, ensure compliance with police regulations, and avoid any possible abuse The privileges, immunities and facilities listed in this Article.

Experts on mission for the United Nations

Section 19

Experts (other than employees referred to in s. V), performing missions for the United Nations, shall enjoy, for the duration of that mission, including the time of travel, the privileges and immunities necessary to carry out their functions independently. In particular, they shall enjoy the following immunities and privileges:

A.

Immunity from personal arrest or detention and seizure of personal baggage;

B.

Immunity from any legal action in respect of acts performed by them during their missions, including their words and writings. Such immunity shall continue to be granted even after such persons have ceased to fulfil their mission to the United Nations;

C.

Inviolability of all papers and documents;

D.

The right to use codes and to receive documents and correspondence by mail or in sealed bags for their communications with the United Nations;

E.

The same facilities for monetary or foreign exchange regulations as are accorded to representatives of foreign governments on temporary official missions;

F.

The same immunities and facilities in respect of their personal baggage as are accorded to diplomatic agents.

Section 20

Privileges and immunities are granted to experts in the interest of the United Nations and not for their personal benefit. The Secretary-General may and shall waive the immunity of an expert in all cases where, in his opinion, such immunity would impede the action of justice and may be waived without prejudice to the interests of the Organization.

United Nations laissez-passer

Section 21

The United Nations will be able to issue passes to its officials. Such passes shall be recognized and accepted by the Swiss authorities as valid travel documents, taking into account the provisions of Section 22.

Section 22

Applications for visas (where visas are required) from the holders of these passes, and accompanied by a certificate attesting that these officials travel on behalf of the Organisation, will have to be examined in the shortest possible Possible delay. In addition, rapid travel facilities will be granted to holders of these passes.

Section 23

Facilities similar to those mentioned in Section 22 shall be accorded to experts and other persons who, without having a United Nations laissez-passer, shall carry a certificate certifying that they are travelling on behalf of The Organization.

Section 24

The Secretary-General, the Assistant Secretaries-General and the Directors and, if the Secretary-General wishes, the principal senior official of the Organization in Switzerland, travelling on behalf of the Organization with an issued pass By the latter, will enjoy the same facilities as diplomatic envoys.

Section 25

The provisions of this Article may be applied to officials of a similar rank belonging to specialized agencies, if the agreements establishing the relations of such institutions with the Organization, under the terms of Art. 63 of the Charter, contains a provision to that effect.

Dispute Settlement

Section 26

The United Nations shall provide for appropriate means of settlement for:

A.

Disputes over contracts or other private-law disputes in which the Organization would be a party;

B.

Disputes involving an official of the Organization who, because of his official status, enjoys immunity, if that immunity has not been waived by the Secretary-General.

Section 27

Any dispute between the United Nations and the Swiss Federal Council concerning the interpretation or application of this Agreement or of any additional arrangement or agreement that has not been settled by negotiation shall be Subject to the decision of a panel of three arbitrators; the first will be appointed by the Swiss Federal Council, the second by the Secretary-General of the United Nations, and a superarbiter by the President of the International Court of Justice; Less than, in a given case, the parties agree to use another mode of Regulation.

Section 28

This Agreement shall enter into force as soon as it has been signed on behalf of the Swiss Federal Council and by the Secretary-General of the United Nations, or on its behalf.

Section 29

The provisions of this Agreement may be amended only by mutual agreement between the Secretary-General and the Swiss Federal Council. If the agreement cannot be reached, the Secretary-General or the Swiss Federal Council may denounce all or any section of the Agreement. In such case, and unless the Secretary-General and the Swiss Federal Council otherwise agree, the Agreement or the Sections in question shall remain in force for a period of three months from the date of such denunciation.

Done and signed in Bern on 11 June 1946 and in New York, 1 ^Er July 1946, in quadruple copies, two in French and two in English, both texts being equally authentic.