The United States Navy of the United States of America (U.S.) and the Federal Department of Defence, Population and Sports Protection, acting on behalf of the Federal Council of the Swiss Confederation, hereinafter 'the parties', concluded an agreement On a military personnel exchange program (MPEP) to strengthen the bonds of friendship and mutual understanding between the two countries and their respective military organizations.

The parties have agreed on the following definitions for the terms used in this Agreement:

2.1

This Convention sets out the conditions under which the United States Navy of the United States of America and the Federal Department of Defence, Population and Sports Protection, acting on behalf of the Swiss Federal Council (hereinafter the "Parties") undertake to propose on-site work missions to the selected military professional staff (hereinafter "military exchange personnel") Of the other party. The work missions shall enable the exchange of military personnel to gain work experience and knowledge of the organization and conduct of the activities of the host Party by performing the tasks assigned under the Direction of a host supervisor. The exchange of military personnel in accordance with this Agreement shall be based on the principle of reciprocity in similar tasks, so that the general gain for each party is substantially equivalent. The parties agree that a post of military exchange personnel that is no longer necessary or that no longer guarantees mutual benefit is eliminated.

2.2

Military exchange personnel may only be assigned to positions set out in the Annexes to this Agreement. The Annexes are an integral part of this Convention and may contain additional specific conditions for certain missions.

2.3

This programme for the exchange of military personnel (MPEP) does not include any training, with the exception of programmes aimed at familiariing staff with specific aspects of their tasks, informing them or carrying out a Certification. Furthermore, it should not be used as an instrument for the exchange of information between the parties.

2.4

During their engagement in exchange positions, military exchange personnel shall not exercise any liaison function and shall not act in any way as the representative of the origin or government of origin or as a representative of the Party Host or host government to which it is assigned. Military exchange personnel perform their duties in accordance with the job description for the corresponding duties.

3.1

Participants in the MPEP program are selected on the basis of an extremely rigorous selection of military professional personnel from the U.S. Navy and the Swiss Air Force. The Party of origin is solely responsible for the selection of military exchange personnel on the basis of the following criteria:

3.1.1

Participants must have established capabilities for a future assignment requiring high responsibilities;

3.1.2

They must be familiar with current practices, technical training and the doctrine of their organization, and have experience that provides them with sufficient qualification for the positions of exchange to be filled;

3.1.3

They must have the grade, skills, training and academic qualifications defined in the position description of the corresponding position; and

3.1.4

They must have sufficient linguistic knowledge in the language of the host party to meet the requirements of the positions.

3.2

In accordance with the selection procedure, the host party is authorized to withdraw from this MPEP exchange military personnel who do not meet the above criteria. This decision shall be subject to the sole discretion of the competent body of the host Party.

3.3

The regular period of duty for military personnel in exchange is two years, not including travel time between countries. Any period required for qualification or training shall be added to the ordinary duration of assignment. Exceptions and/or adaptations concerning the exchange shall be recorded in a mutual agreement between the Chief of Naval Operations (OPNAV N13) and the Commander of the Swiss Air Force.

3.4

Military exchange personnel who possess the aeronautical qualifications and competencies required to carry on business and who are engaged by the host party or the party of origin to conduct proficiency check flights or to To be entitled to flight allowances shall be granted the status of the flying personnel or the authorisation to use the existing aeronautical installations in accordance with the requirements of the host Party.

4.1

In particular, the originating party pays the following fees for its military personnel:

4.1.1

All salaries and allowances;

4.1.2

All costs associated with a change of location for military exchange personnel and dependants, including transportation, per diems and other travel expenses for travel from and to destination The countries of the Party of origin and the host Party to enter into the service and at the end of the exchange in accordance with this Convention;

4.1.3

All interim service charges, including travel expenses, when the service is performed at the request of the original party;

4.1.4

The cost of moving military exchange personnel and their dependants, including household effects;

4.1.5

The cost of preparation and repatriation of the body and funeral costs in the event of the death of a member of the military exchange staff or of a dependant;

4.1.6

Accommodation, subsistence, medical and dental expenses for military exchange personnel and dependants, except in the case of requirements expressly set out in an applicable international agreement;

4.1.7

Compensation in the event of loss or damage to the personal effects of military exchange personnel or dependants; and

4.1.8

All expenses related to the return of military exchange personnel and dependants in the country of origin, including, inter alia, transportation, per diems and other travel expenses when the exchange Ends before the expected date.

4.2

The originating party has the following expenses:

4.2.1

Travel and living expenses related to the performance of a service by the military service personnel ordered by the original party;

4.2.2

Training costs for the introduction, information and certification of military personnel in exchange for the specifics of missions; and

4.2.3

Costs relating to the offices, equipment, supplies and services that may be required by the military exchange personnel for the performance of the missions provided for in this Agreement.

5.1

During the selection procedure, each party shall inform the other party of the degree of security checks that may be required to enable military personnel in exchange to have access to classified information and work areas. Access to classified information shall be limited to the minimum required to carry out the work mission as determined by the host Party on the basis of the description of the relevant posts. The effect of this Agreement is not to allow free access to classified information or uncontrolled information controlled in the computing facilities or systems of the host party.

5.2

Each Party shall provide security confirmations, through the Swiss Embassy in Washingtion DC for Swiss Air Force personnel and through the United States Embassy in Switzerland for US personnel, in the framework of Security checks of all selected military personnel in exchange. Security confirmations shall be prepared and transmitted in the prescribed manner in accordance with the existing procedures of the host Party. For the United States, the requirements contained in the International Visits Program (IVP) defined in subs. 1.8 of this Agreement shall apply.

5.3

The host party and the originating party ensure that the affected military personnel are fully aware of the applicable laws and requirements concerning the protection of intellectual property rights (p. Ex. Patent, copyright, know-how, industrial secret), classified information and controlled unclassified information disclosed to it. Military exchange personnel are required to protect information during and after a mission. Before working as military exchange personnel, military exchange personnel shall be required to sign the corresponding certificate in accordance with Annex A of this Convention. Only persons who sign the certificate are authorized to serve as military personnel in exchange with the United States Navy or the Swiss Air Force.

5.4

Military exchange personnel are required to comply at all times with the security requirements, legislation and procedures of the host government. Any breach of security requirements by military exchange personnel during their missions will be denounced to the original party in order for it to take appropriate action. At the request of the host party, the party of origin shall be required to recall the military exchange personnel who are in breach of the security requirements during their missions with a view to an administrative or disciplinary sanction imposed by the party Of origin.

5.5

All classified information made available to military exchange personnel should be regarded as classified information communicated to the original party. They shall be subject to all the requirements and safeguards contained in an existing General Safety Convention between the United States of America and the Swiss Confederation. Military exchange personnel are not authorized to disseminate this information to other persons, companies, organizations or governments without the prior written consent of the host government. The disclosure of information to military exchange personnel shall not be regarded as a right or an authorization to use such information for purposes other than those provided for in this Convention.

6.1

Within the limits authorized by the laws and requirements of the host Government and in accordance with Article IV, the host Party may provide the necessary administrative support to the military exchange personnel to enable it to fulfil its obligations Pursuant to this Agreement.

6.2

Confirmation or recognition of a person as military personnel of exchange by the host party does not confer diplomatic or other privileges on the person.

6.3

In accordance with the laws and requirements of the host Government, military personnel engaged in exchange under this Convention shall be subject to the same restrictions, conditions and privileges as the staff of the host Party of the same rank in its Work domain. On the other hand, within the limits permitted by laws and requirements, military exchange personnel and dependants shall enjoy the following reciprocal benefits:

6.3.1

Exemption of any type of tax from the host government on the salary paid by the government of origin;

6.3.2

Exemption, at the time of entry into the territory of the host Party, of all customs and import duties or similar charges levied on goods for the official use and personal use of military exchange personnel and Dependants, including luggage, household effects and private motor vehicles. This shall in no way limit the privileges provided for elsewhere in this Agreement or other privileges guaranteed by the laws of the host government.

6.4

Military exchange personnel and dependants are required to comply with all applicable safety directives, procedures, laws and requirements of the host government. The Host Government shall designate a contact officer to advise military personnel on the rules, procedures, laws and requirements of the host Party and to organize activities in accordance with these rules. Requirements and purposes of this Agreement.

6.5

The military exchange staff may refer to the planning of the vacation of the originating party or the host party accepted in writing with the host supervisor.

6.6

Military exchange personnel are required to work under the direction and control of a host supervisor. The host supervisor sets performance standards and controls the benefits of military exchange personnel to create a basis for advice and performance evaluations. Assessments of the performance of the military exchange personnel are determined by the host supervisor. The host party forwards these reports to the originating party in accordance with the requirements of the original government.

6.7

The reports prepared by the military exchange staff at the request of the party of origin or the military personnel of exchange wish to establish with regard to their missions shall be transmitted as follows:

6.7.1

US military exchange personnel shall forward their reports to the Chief of Naval Operations (OPNAV N13) through his/her Commanding Officer of the Host Service and the Commanding Officer, to which he is administrated.

6.7.2

Military personnel in exchange for the Swiss Air Force transmits their reports to the Office of Defence, Military, Navy and Air Force Attachments of the Swiss Embassy through the U.S. Navy Commanding Officer and the Chief of Naval Operations (OPNAV13).

6.8

In accordance with the Partnership for Peace SOFA, all military exchange personnel of the United States of America and the Swiss Confederation and their dependants can benefit from stationary medical care at the facilities For reimbursement and free ambulatory medical care. In the absence of military facilities, military exchange personnel shall bear all stationary medical and dental expenses for themselves and their dependants. Prior to the entry into service of military exchange personnel, the part of origin ensures that the military exchange staff and the dependants are in good physical health. The party of origin is required to inquire about medical and dental services at the diposition of the military exchange staff and the dependants.

6.9

In no case shall military exchange personnel be engaged in positions which require a command function or responsibilities reserved for an officer or an employee of the host party in accordance with the law or requirements.

6.10

Military exchange personnel shall not be engaged in a service or in politically sensitive positions where their presence could compromise the interests of the party of origin or in positions where the activities carried out In the context of their ordinary mission could embarrass the original party.

6.11

The host Party is not authorized to engage military personnel in exchange in potentially hostile situations such as United Nations peacekeeping or multinational operations without the agreement of the United Nations Origin part. On the other hand, military exchange personnel may not be engaged in a third country as a member of an exercise quota or participate in an exercise without the written consent of the party of origin and the third country.

6.12

The host Party is not permitted to engage military personnel in missions during which direct hostilities may occur with the forces of third countries. If a unit in which military exchange personnel are incorporated had to be involved in hostilities unexpectedly, the personnel of the original party should under no circumstances be engaged in active operations and the authorities The host party is required to assist military personnel in exchange to obtain direction from their government and to facilitate compliance with these guidelines to the extent possible.

6.13

Military exchange personnel and their dependants shall be authorized, in accordance with the laws, guidelines and requirements of the host Party and international conventions ratified by the host Party and the Party of origin, to be used Military stores, depots, theatres and other facilities and opportunities for similar social activities.

6.14

Military exchange personnel shall be entitled to leave, discharge and freedom in accordance with the requirements of the Party of origin and the agreement of the competent authority of the host Party.

6.15

Military exchange personnel shall comply with the requirements of the Party of origin as regards clothing. For each occasion, the dress must be the one best suited to the requirements of the unit of the host party in which the military exchange personnel are incorporated. The habits of the host party must be respected in respect of the wearing of civilian clothing.

6.16

Military exchange personnel shall not be permitted to carry or carry personal weapons in the host country unless authorized and registered in accordance with the laws of the host government. Military weapons handed out by the party of origin to exchange officers shall be carried in the host country only with the authorization of the country of origin and in accordance with the laws of the host government.

6.17

Military exchange personnel and dependants shall have valid identity cards in accordance with the requirements of the Party of origin. The host Party shall establish identity cards for the exchange staff and their dependants for the duration of their stay in the host Party in accordance with the service requirements.

6.18

Within the limits authorized by the laws and requirements of the host government, the host Party shall provide, with reimbursement by the Party of origin and to the extent possible, accommodation and subsistence to military exchange personnel and On the same basis as for his own staff of the same rank and performing the same mission. Where the host Party does not provide accommodation and subsistence, the host Party shall endeavour to support the Party of origin in the search for such facilities for military exchange personnel and their dependants.

6.19

If the host Party provides an office to military exchange personnel, it defines the regular working hours of the military exchange staff.

6.20

The originating party ensures that the military exchange personnel and their dependants have all the documents required by the host government to enter and leave the host country at the appropriate time in accordance with the agreements International. Military exchange personnel and their dependants shall be subject to the customs requirements in force when they enter the United States, unless an international agreement between the two parties provides for them.

7.1

Subject to subs. 7.2, neither the host party nor the armed forces of the host government may take disciplinary action against military personnel who violate the laws or military requirements of the host Party; the host Party shall not exercise any Not the disciplinary authority over persons in charge of military exchange personnel. The party of origin shall, however, introduce appropriate administrative or disciplinary measures against the military exchange staff and the parties shall cooperate in the investigation of any infringement of the laws and requirements of the One of the parties.

7.2

The certification or admission of military exchange personnel may be withdrawn, modified or reduced at any time and for any reason by the host Party, in particular in the event of a violation of the requirements and laws of the host or government Host. On the other hand, at the request of the host party, the government of origin shall withdraw the military personnel from exchange or the persons in charge of the territory of the host government. The host party must give reasons for its request for withdrawal, but the withdrawal of the military exchange staff or dependants must not be delayed due to a conflict between the two parties in order to determine whether the reasons for the withdrawal are Host is sufficient.

8.1

Requests for compensation on the basis of this Convention shall be governed by the existing bilateral agreements between the Parties on the status of their forces in the host country, including the Convention between the States Parties to the The North Atlantic Treaty Organisation and the other states participating in the Partnership for Peace on the status of their forces (PfP SOFA) and the Additional Protocol, both signed in Brussels on 19 June 1995 ¹ .

8.2

Claims for which the requirements of these bilateral agreements are not applicable shall be treated as follows:

8.2.1

With the exception of contractual requests, the parties waive all their claims for compensation to the other and against the military and civilian employees of the department or the defence ministry of the other party for all Damage, loss or destruction of the property owned or used by their respective Department or Department of Defense if the damage, loss or destruction:

8.2.1.1

Was caused by a member or civilian employee in the course of his or her official mission; or

8.2.1.2

Has been caused by the use of a vehicle, ship or aircraft owned by the other Party and used by its Department or Ministry of Defence, provided that the vehicle, ship or aircraft causing the damage, loss or Destruction has been used for official purposes or that the damage, loss or destruction has been caused by the property used for that purpose.

8.3

The parties waive all claims for compensation to the other and against the military and civilian employees of the Department or the Department of Defence of the other party for any injury or death of a member or a member of the Department of Defence. Civilian employee of their department or department of defence caused in the course of official missions.

8.4

Non-contractual claims for damage, loss, injury or death not covered by the waivers provided for in s. 8.1, 8.2 and 8.3 and caused by an act or omission on the part of the military or civilian employees of the Department or the Department of Defense of the party of origin and causing damage to the territory of the host party to third parties or to Other parties to the contract must be completed, examined, liquidated or validated in accordance with the laws and requirements of the host country, taking into account the requests arising from the activities of its own armed forces.

8.5

Military exchange personnel and their accompanying dependants shall have civil liability insurance coverage for motor vehicles in accordance with the laws and requirements of the Government of the Party The host or political subdivision where they are located. In the event of an application for compensation involving the use of private motor vehicles, the first action shall be lodged against that insurance.

9.1

Disputes arising out of or in connection with this Convention shall be resolved exclusively by consultation between the two parties, without being carried over to third parties, a national court or an international tribunal or any other body Dispute resolution.

10.1

All activities of the Parties in connection with this Convention shall be conducted in accordance with the laws and national requirements of the Parties and shall not conflict with the obligations and responsibilities of the Convention between The member states of the North Atlantic Alliance and the other states participating in the PfP Partnership for Peace programme on the status of their forces (PfP SOFA) and the Additional Protocol, both signed on 19 June 1995 in Brussels ¹ .

10.2

In the event of a conflict between an article of this Agreement and an Annex to this Agreement, the Article shall prevail.

10.3

Except as otherwise provided, this Agreement may be amended by mutual written consent of the Parties.

10.4

Each Party may terminate this Agreement by written notification to the other Party within thirty (30) days. The notification must be the subject of an immediate consultation of the parties in order to decide on the procedure to be followed. In the event of termination, the following rules apply:

10.4.1

The party that terminates the agreement retains its financial or other obligations up to the effective date of termination.

10.4.2

Each party shall bear the costs arising from the termination. All expenses and expenses incurred by a party in accordance with Article IV of this Agreement but which have not been allocated in time for payment prior to the termination or expiration of this Agreement Must be paid immediately after billing.

10.4.3

All relevant information and rights arising from this Agreement and received prior to termination shall be retained by the parties in accordance with the provisions of this Agreement.

10.5

The respective rights and responsibilities of the parties in accordance with Articles VI (security) and VIII (claims for compensation) shall remain after the termination or expiration of this Agreement.

10.6

This Agreement, which includes ten (10) articles and two (2) annexes or more, shall enter into force upon signature by both parties and shall remain valid for ten (10) years. The term of validity may be extended by written agreement of the parties.

10.7

This Convention shall include all agreements between the United States Navy and the Federal Department of Defence, the Protection of Population and Sport, acting for the Swiss Federal Council, and replacing the former Convention between the Department of Defense of the United States of America and the Swiss Federal Council on the Exchange of Military Personnel between the US Navy and the Swiss Air Force Defence Command entered into force on 17 August 1995 ² .

In testimony of what The undersigned have accepted this Agreement as authorized representatives of their governments.

Done at Berne, June 4, 2009, and Washington, D.C., July 20, 2009, in English.