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0.192.122.972.0 Exchange of letters of 13/26 July 1979 between the federal Department of Foreign Affairs and the international fund for agricultural development on the privileges and immunities of the Fund in Switzerland between into force with effect from November 30, 1977 (status on May 1, 2012) original text federal Department Bern, 13 July 1979 Foreign Affairs Mr Abdelmuhsin M. have-Sudeary President of Fund International of agricultural development (IFAD) 107 Via del Serafico Rome Mr President, I have the honour to refer to discussions that have taken place regarding the realization of the privileges and immunities referred to in art. 10, section 2, by. a) of the agreement establishing the international fund for agricultural development on June 13, 1976 and needed the international fund for agricultural development to perform its functions and achieve its objective.
I also have the honour to confirm that the discussions resulted in the following definitions of some of these privileges and immunities, including the international fund for agricultural development (hereinafter referred to as the "Fund") shall enjoy on the territory of Switzerland: 1. the property and assets of the Fund in Switzerland may be subject to search, requisition, confiscation, expropriation or any other form of executive, administrative constraint judicial or legislative.2. Not be subject to any financial controls, regulations or moratoria: a. Fund may hold funds, gold or currency any kind and operate accounts in any currency; b. the Fund may freely transfer its funds, gold or its currency in Switzerland, out of Switzerland, or inside of the Switzerland and convert any currency held by it into any other currency. In the exercise of the rights granted to him under this section, the Fund will consider all representations of the Swiss federal Council to the extent that it deems to be able to respond without prejudice to its own interests.
3. the Fund, its assets, income and other property are: a. exempt from all taxes direct, federal, cantonal or communal. It is understood, however, that the Fund will not ask exemption taxes which represent in fact than the simple compensation of public services; b. exempt perceived advance tax under the Federal law of 13 October 1965 on the anticipated tax. The exemption is made by reimbursement to the Fund fees on its assets.
3. the Fund shall be exempt from indirect federal, cantonal and communal taxes. It is, in particular, be exempt from the the value added tax (VAT) for all acquisitions for official use and for all supplies of services made for official use, in accordance with Swiss legislation. If applicable, the exemption will be carried out by way of refund, at the request of the Fund and following a procedure to be determined between the Fund and the competentes.3 authorities. Treatment for duty of articles intended for the official use of the Fund is governed by the Ordinance of 13 November 1985 concerning the customs privileges of international organizations, States, in their relations with these organizations and special missions of States etrangers.4. Any divergence of views concerning the application or the interpretation of these provisions, which could not be settled by direct talks between the parties, may be submitted by either party, be to an arbitral tribunal of three members. The federal Council and the Fund to designate each one. The members thus appointed choose their president. In case of disagreement between members about the person of the president, the latter is appointed by the president of the International Court of Justice. The Court shall set its own procedure.
Upon receipt of a letter from your hand indicating that the provisions above meet the approval of the Fund, the federal Council will consider this letter and your letter referring thereto as an agreement within the meaning of art. 10, section 2, by. ((b) iii) of the agreement establishing the international fund for agricultural development, effective from the date of your letter of reply retroactive to November 30, 1977. This agreement may be terminated at any time by each of the parties with a notice in writing of 6 months.
I take this opportunity to renew to you, Sir, the assurance of my highest consideration.
The Governor of IFAD for the Switzerland: th. Raeber fund international development agricultural Rome, 26 July 1979 President Mr Thomas Raeber Governor of IFAD for the Switzerland federal Department of Foreign Affairs Bern Mr Governor, I have the honour to acknowledge receipt and thank you for your letter of July 13, clarifying the privileges and immunities of the international fund for agricultural development in Switzerland. The arrangements set out in your letter of July 13 meet the full approval of IFAD and, as agreed, we will consider that they took effect on November 30, 1977. We will also write to the Swiss tax authorities pursuant to this agreement to request the refund of tax withheld by them on revenues collected previously by IFAD in its investments in Switzerland.
I would like to express once again my thanks to your Government and to yourself for the assistance that you have given in this matter.
Please accept, Mr Governor, the assurances of my highest consideration.
For the President Abdelmuhsin M. have-Sudeary: Philip Beerbaum RO 1979 1566 RS 0.972.0 RS 642.21 introduced by the exchange of letters of 1/17 Feb. 2012, in force since May 1, 2012 (RO 2012 2025).
Introduced by the exchange of letters of 1/17 fev.2012, in force since May 1, 2012 (RO 2012 2025).
RS 631.145.0 State on May 1, 2012
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