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Conclu in Strasbourg on 6 March 1959 Approved by the Federal Assembly on 27 September 1973 1 Instrument of accession deposited by Switzerland on 13 December 1973 Entry into force for Switzerland 1 Er January 1974
(State 1 Er October 2012)
The signatory Governments, Members of the Council of Europe, signatories to the General Agreement on the Privileges and Immunities of the Council of Europe 2 Parties to this Agreement and, at the same time, Members of the Council of Europe Reinstating Fund for National Refugees and Population Surpluses;
Having regard to the provisions of s. 1 and 9 (g) of the Statute of the Fund 3 ;
See art. 40 of the Council of Europe Statute 4 ;
Wishing to clarify the legal regime of assets, assets and operations, as well as the legal status of the organs and agents of the Reestablishment Fund;
Whereas, in this regard, it is necessary that the achievement of the statutory objectives of the Fund be facilitated by the broadest possible reduction of the tax burden which directly or indirectly affects the operations of the Fund and which Ultimately fall back on the beneficiaries of loans granted by the Fund;
Wishing to supplement the provisions of the General Agreement on the Privileges and Immunities of the Council of Europe with regard to the Reinstal Fund,
Agreed to the following:
The Statute of the Fund of Reestablishment of the Council of Europe, approved by Resolution (56) 9 of the Committee of Ministers, or amended, either by the Committee of Ministers or by the Committee of Management, the latter acting within the limits of art. 9 (h) of the said Statute, is an integral part of this Protocol.
The Council of Europe Reinstating Fund shall have full legal personality and, in particular, the capacity of:
The operations, acts and contracts of the Fund of Reestablishment shall be governed by this Protocol, by the Statute of the Fund and by the regulations made in accordance with that Statute. The Fund may, in addition, expressly consent to the subsidiary application of a national law, provided that it does not derogate from the present Protocol and the Statute.
All competent courts of a Member State of the Fund or of a State in which the Fund has contracted or guaranteed loans may be subject to disputes in which the Fund is a defendant.
However:
The assets and assets of the Fund, in any place whatsoever, shall be protected from any form of seizure, opposition or enforcement, before the Fund has been issued an enforceable judgment which is no longer Likely to be attacked by ordinary remedies.
The enforced execution, in the territory of the Member States of the Fund, of awards resulting from an arbitral proceedings referred to in Art. 2, para. 3, shall be continued in accordance with the legal provisions in force in each of those States and after the verification of the authenticity of such sentences, their conformity with the rules of jurisdiction and the verification of the authenticity of such sentences. Procedure established by the Fund's Loans Regulations, as well as the absence of a contradiction between such sentences and a final judgment in the country concerned-the application used in the State in the territory of which the Sentence must be executed. Each Signatory shall notify, upon the deposit of its instrument of ratification, to the other signatories, through the Secretary General of the Council of Europe, what is, according to the law of its country, the competent authority to provide for This formality.
The assets and assets of the Fund, in any place whatsoever, shall be exempt from searches, requisitions, confiscations, expropriations or any other form of constraint ordered by the executive Or by the legislative branch.
The buildings and premises used for the operation of the Fund's services, as well as the archives of the Fund, shall be inviolable.
To the extent necessary to fulfil its statutory objective, the Reinstal Fund may:
In exercising the rights provided for in this Article, the Reestablishment Fund shall take into account any representation made to it by the Government of any Member State.
The assets and assets of the Fund shall be free of any restrictions, regulations, controls and moratoriums of any kind.
The Resettlement Fund, its assets, income and other property, are exempt from all direct taxes.
The Resettlement Fund shall be exempt from all taxes in the Member States of the Fund on transactions and transactions relating to borrowings which the Fund contracts to allocate the proceeds, in accordance with its purpose, to the needs of refugees and Of the population surplus and the loans it consents or guarantees under statutory conditions.
No exemption is granted to the Fund in respect of taxes and duties which constitute mere remuneration for services of public utility.
The Governments of the Member States shall, whenever possible, take the appropriate measures to:
No tax, of any nature whatsoever, shall be levied on the securities or bonds issued or guaranteed by the Fund (including any dividend or interest therein), regardless of the holder:
The Fund shall be exempt from all customs duties, prohibitions and restrictions on imports and exports in respect of articles intended for its official use, unless such prohibitions or restrictions have been dictated by reasons of order Public safety and public health. However, articles imported duty-free will not be transferred to any title in the territory of the country in which they have been introduced, except under conditions approved by the Government of that country.
The bodies referred to in Art. 8 of the Statute of the Fund shall enjoy in the territory of each Member State, for their official communications, treatment at least as favourable as the treatment accorded by that Member to the diplomatic missions of any other Government. Official correspondence and other official communications of the organs of the Fund cannot be censored.
The members of the Administrative Committee, the Board of Directors and the Supervisory Committee shall enjoy immunity from jurisdiction for acts performed by them, including their words and writings, in their official capacity and within the limits of Their duties. This immunity is granted to them at the end of their term of office. In addition, they benefit from the restrictions on immigration, the registration of foreigners, foreign exchange regulations and travel facilities, the same treatment accorded by the Member States to representatives Other governments of the Fund having equivalent status. Any sums allocated to them in respect of representation or expenditure incurred in the performance of their duties shall not be subject to taxation.
Immunities and privileges are granted to persons subject to s. 10, not for their personal benefit, but for the purpose of ensuring independence in the performance of their duties. Therefore, a Member not only has the right but the duty to waive the immunity of his representative in all cases where, in his opinion, immunity would prevent justice being done and where immunity can be waived without prejudice to the purpose for which it Is granted.
The Governor of the Fund and the officers of the Fund shall enjoy the privileges and immunities provided for in Art. 18 of the General Agreement on Privileges and Immunities of the Council of Europe.
The Governor will determine the categories of officers to which the provisions of that section apply, in whole or in part.
Communications under s. 17 of the General Agreement on the Privileges and Immunities of the Council of Europe shall be made by the Secretary General of the Council both in respect of the Governor and the agents referred to in the preceding paragraph.
The Secretary General, after consulting the Governor, may and must waive the immunity granted to an officer in all cases in which he considers that such immunity would prevent the normal exercise of an action of justice and could be waived without that measure Damage to the proper functioning of the Fund. In respect of the Governor, the Fund Executive Committee shall have the right to waive the immunities.
The Governments of the Member States of the Fund undertake to seek the necessary constitutional authorities which may be necessary in order to meet the statutory obligations assumed by these States in respect of the Fund of Reestablishment. They also undertake to apply for such authorisations in good time so as to be able to fulfil the commitments they would have entered into as a borrower or guarantor, in accordance with Section 3 of Art. 6 of the Statute of the Reestablishment Fund.
The Fund may conclude with any Member State special agreements specifying the arrangements for the application of the provisions of this Protocol, supplementing those provisions or derogating from those of Art. 13 above. It may also enter into agreements with any non-member state of the Resettlement Fund for the implementation of the provisions of this Protocol.
This Protocol shall be ratified and the instruments of ratification shall be deposited with the Secretary General of the Council of Europe. It will enter into force as soon as three signatories representing at least one third of the Fund's titles have deposited their instruments of ratification. For the other Members of the Fund, it shall enter into force on the date of deposit of their respective instruments of ratification.
However, pending the entry into force of the Protocol in accordance with the conditions laid down in the preceding paragraph, the signatories agree, in order to avoid any delay in the proper functioning of the Reinstal Fund, to provisionally apply it to the Applying 1 Er September 1958 or at the latest upon signature, to the extent compatible with their respective constitutional requirements.
Any Government which has become, after the signature of this Protocol, Member of the Fund of Reestablishment, may accede to this Protocol by the deposit of an instrument of accession with the Secretary General of the Council of Europe. Such accession shall have effect on the date of such deposit if it occurred after the entry into force of the Protocol, and on the date of entry into force if the accession is prior to that entry.
Any Government which has deposited an instrument of accession before the entry into force of the Protocol shall immediately implement it provisionally, to the extent consistent with its constitutional rules.
In witness whereof, The undersigned plenipotentiaries have signed this Protocol.
Done at Strasbourg, on 6 March 1959, in English and in French, both texts being equally authentic, in a single copy, which shall be deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to all signatories or members.
(Suivent signatures)
Switzerland 6
Article 7, para. 2: With regard to tax relief, the Swiss Confederation will not be able to grant loans from the Resettlement Fund in excess of those on its own borrowings. L' al. 2 of the art. 7 cannot therefore include any commitment for the Swiss Confederation to take the measures provided for therein.
Article 7, para. 4, let. B: With regard to the remission or refund of indirect taxes entering the price of immovable or movable property, or in the price of services, the Swiss Confederation will not be able to grant the Fund for its Acquisitions of goods or services in Switzerland intended to be used on Swiss territory in excess of those granted to its own acquisitions of goods or services. Art. 7, para. 4, let. B, therefore, cannot contain any commitments for the Swiss Confederation to take the measures provided for in this clause for goods or services acquired by the Fund and used on Swiss territory.
A Fund for the resettlement of the Council of Europe is hereby established (hereinafter referred to as the " Funds ").
The Fund is attached to the Council of Europe and submitted as such to its high authority.
The objective of the Fund is to help solve problems that the existence of population surpluses, including national refugees, poses or may pose to European countries through financing, through loans or loan guarantees:
The member governments of the Council of Europe may become Members of the Fund in accordance with the provisions of Art. 4, section 2 (a) (i). Other governments admitted to the Fund may become Members under special conditions that the Fund may enact for each case, in accordance with the provisions of Art. 4, section 2 (a) (ii).
Section 1-Equity
The Fund issues equity securities, denominated in a currency of account, to which Members subscribe. Each title has the same nominal value. Members shall free themselves from their subscription by instalments in their national currency at the official exchange rates prevailing on the date of the subscription.
Section 2-Subscriptions
Section 3-Maintaining the Value of Subscriptions
If the peer of a Member State's currency is lowered or if the exchange rate of the currency of the Member State has depreciated to an important extent, it shall pay to the Fund, within a reasonable period of time, an additional sum of its own currency, Sufficient to maintain at the same value as at the time of subscription the amount subscribed by it in securities of participation in the Fund.
Section 4-Obligations Limit
No member is committed to third parties by an obligation assumed by the Fund.
For use in accordance with its objectives, the Fund may accept financial assistance. It can also borrow funds.
The Fund is entitled to receive payments for specific purposes consistent with the objectives of the Fund.
Section 1-Types of loans
The Fund provides loans in one of the following forms:
* |
Executive Committee resolution 11 (1957). |
Section 2-Guarantees
The Fund may provide security for operations arising from the achievement of the objectives set out in Art. 2 to the conditions to be determined for each case.
Section 3-Obligations of the borrower or guarantor
Section 4-Subrogation
In the loan contracts guaranteed under Section 1 (ii) and (iii) of this Article, it shall be provided that the guarantor who has fulfilled its commitments to the Fund under this guarantee shall be subrogated to the Fund vis-à-vis the borrower or Borrowers.
Section 5-Statements by Members
The Fund shall receive, in support of requests for loans relating to resettlement or integration programmes, a declaration under which the Member concerned
Section 6-Information to be Provided
The Board of Directors provided for in Article 10 of this Statute shall determine the nature of the information and commitments that any borrower is required to provide in support of its application.
Section 1-Temporary investment
Pending the first use of funds subscribed by a State, the Fund may place them in treasury bills or other bonds issued by that State and guaranteed by it.
In investment operations, the Board of Directors will seek expert advice on investments.
Section 2-Accumulation and investment of reserves
The reserves of the Fund arising from a surplus of interest and commission income may be accumulated and invested in whole or in part under the conditions to be determined by the Board of Directors.
The organisation, administration and control of the Fund shall be provided by the following bodies:
In accordance with the provisions of the following articles.
Section 1-Decisions reserved for Members
Members, meeting in the Executive Committee, are entitled to:
Section 2-Vote
Section 1-Decisions reserved for the Board of Directors
The Board of Directors has all the necessary powers to administer the Fund. This includes a decision on the following objects:
Section 2-Composition of the Administrative Board
Section 3-Length of term of office of members of the Board of Directors
Any designated member of the Board of Directors shall remain in office until terminated by the Member of the Fund who has appointed it. The members of the outgoing Council may still be appointed or re-elected.
Section 4-Method of decision of the Board of Directors
Section 5-Commissions of the Executive Board
The Board of Directors may at any time set up committees composed of its members and delegate to such committees the powers specified in each case.
Section 6-Compensation for Board Members
The members of the Board of Directors shall not receive any remuneration from the Fund; however, reasonable costs incurred in the performance of their duties as members of the Board of Directors shall be reimbursed by the Fund.
Section 1-Duties of the Governor
The Governor is responsible for the day-to-day administration of the Fund in accordance with and under the supervision of the Board of Directors.
It represents the Fund in all transactions that it carries out. It shall not contract any financial obligation, in accordance with the provisions of Art. 5 and 6 of the Staff Regulations, without the express authorisation of the Administrative Council.
It shall incur administrative expenditure within the limits of the budgetary appropriations allocated to it.
It shall take all necessary steps to keep these expenses to a minimum. In particular, it shall use the services offered by the Council of Europe and shall ensure, in financial matters, the cooperation of central banks of the Member States and of the Bank for International Settlements and, in the field of resettlement And the integration of population surpluses, the cooperation of the institutions and the relevant personalities in this field.
It holds the Fund's assets and assets and maintains adequate accounting.
Section 2-Reports to the Executive Board
The Governor shall, at regular intervals, provide the Board of Directors with reports on the position of the Fund and on the operations envisaged and shall provide it with all the information it may request.
Each year, the Governor draws up a full report on all operations of the year.
It includes the balance sheet of the Fund and the Financial Operations Management Account and the report prepared by the Monitoring Committee on these documents.
Section 3-Appointment and Compensation of the Governor
The Governor shall be appointed for a term of 3 years and shall be re-elected after his term of office expires. The amount of its remuneration shall be fixed by the Administrative Board of the Fund.
The Monitoring Committee reviews the Fund's accounts once a year and verifies the accuracy of the management account and balance sheet.
The report of the Committee certifies that the balance sheet and the management account are in agreement with the entries and that they accurately and honestly reflect the statement of operations of the Fund at the end of each financial year.
The headquarters of the Fund is located in Strasbourg, France. The management services office will be established by the Board of Directors.
Section 1-Suspension of operations
If the Executive Committee decides on the closure of operations, the Fund shall immediately cease all activities except those relating to the settlement of its obligations as well as to the orderly implementation, conservation and Safeguarding of assets.
Section 2-Withdrawal of Members
Any Member may withdraw from the Fund after six months prior to the end of the current financial year. The conditions will be determined by the Executive Committee.
Section 3-Liquidation of the Fund
After payment of all the Fund's commitments, including the performance of the allocations, granted by the Fund in the event of the acceptance of financial assistance under Art. 5, or the establishment of reserves for the purpose of this regulation, the members of the Fund may agree on an asset allocation plan based on the following principles:
Section 1-Organizational Meeting
As soon as this Statute is adopted by a resolution of the Committee of Ministers on the basis of a partial agreement, the Secretary General of the Council of Europe will, in agreement with the Special Representative, convene the first meeting of the Steering Committee Which shall take all necessary or desirable measures to organise the Fund in accordance with this Statute.
Section 2-Notification of commencement of operations
The Governor shall notify the Members of the Fund of the date on which the Fund is ready to commence operations.
Section 3-Accession
Section 4-Interpretation of this Statute
Any decision of the Board of Directors with the interpretation of this statute may be brought before the Executive Committee at the request of a Member. Pending the decision of the Executive Committee, the Fund may, to the extent that it considers it necessary, act on the basis of the Governing Council's decision.
Section 5-Certified copy
The Secretary General of the Council of Europe shall transmit a certified copy of this Staff Regulations to any Member of the Council and any non-member government of the Council having acceded to the Fund.
Percentage Distribution (1955) |
Number of titles at a rate of 1 per $1000 |
Exchange Rate (1. 1. 1955) |
Contributions in national currencies |
|||
Belgium |
3.3 |
330 |
0.02 |
16 500 000 |
||
Denmark |
1.8 |
180 |
0.1448 |
1,243,094 |
||
France |
18.4 |
1,840 |
0.002857 |
644 032 202 |
||
|
18.4 |
1,840 |
0.2381 |
7,727 845 |
||
Greece |
3.3 |
330 |
0.03333 |
9,900 990 |
||
Iceland |
0.2 |
20 |
0.614 |
325,733 |
||
Ireland |
1.2 |
120 |
2.80 |
42,857 |
||
Italy |
18.4 |
1,840 |
0.0016 |
1 150 000 000 |
||
Luxembourg |
0.2 |
20 |
0.02 |
1,000,000 |
||
Netherlands |
4.0 |
400 |
0.2632 |
1,519 757 |
||
Norway |
1.4 |
140 |
0.14 |
1,000,000 |
||
Saar |
0.4 |
40 |
0.002857 |
1,400 070 |
||
Sweden |
2.8 |
280 |
0.1933 |
1,448,526 |
||
Turkey |
7.8 |
780 |
0.3571 |
2,184 262 |
||
United Kingdom |
18.4 |
1,840 |
2.80 |
657 |
||
Total |
100.0 |
10,000 |
||||
The percentage distribution is that adopted for contributions to the Council of Europe budget.
Members of the Fund |
From the |
|
Albania |
24 June |
1999 |
Germany |
April 16 |
1956 |
Belgium |
April 16 |
1956 |
Bosnia and Herzegovina |
18 December |
2003 |
Bulgaria |
28 May |
1994 |
Cyprus |
18 October |
1962 |
Croatia |
24 June |
1997 |
Denmark |
1 Er April |
1978 |
Spain |
1 Er January |
1978 |
Estonia |
1 Er April |
1998 |
Finland |
13 May |
1991 |
France |
April 16 |
1956 |
Georgia |
10 January |
2007 |
Greece |
April 16 |
1956 |
Hungary |
10 March |
1998 |
Ireland |
30 November |
2004 |
Iceland |
April 16 |
1956 |
Italy |
April 16 |
1956 |
Latvia |
September 14 |
1998 |
Liechtenstein |
1 Er January |
1976 |
Lithuania |
8 January |
1996 |
Luxembourg |
April 16 |
1956 |
Macedonia |
15 December |
1997 |
Malta |
1 Er March |
1973 |
Moldova |
4 May |
1998 |
Montenegro |
19 November |
2007 |
Norway |
1 Er January |
1978 |
Netherlands |
1 Er January |
1978 |
Poland |
August 17 |
1998 |
Portugal |
1 Er August |
1976 |
Czech Republic |
12 February |
1998 |
Romania |
March 5 |
1996 |
Holy See |
4 September |
1973 |
San Marino |
April 27 |
1989 |
Serbia |
April 23 |
2004 |
Slovakia |
22 December |
1998 |
Slovenia |
1 Er February |
1994 |
Sweden |
1 Er July |
1977 |
Switzerland |
1 Er January |
1974 |
Turkey |
April 16 |
1956 |
1 Art. 1 al. 1 of the CA of 27. 1973 (RO 1974 700)
1 Art. 2 al. 1 of the CA of 27. 1973 (RO 1974 700)
2 RS 0.192.110.3
3 The text of this Statute shall be annexed to this Protocol.
4 RS 0.192.030
5 RO 1974 702, 1977 38, 1977 1457, 1982 1288, 1990 536, 1994 1088, 2004 3453, 2007 1173 and 2012 5599. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
6 Art. 2 al. 1 of the CA of 27. 1973 (RO 1974 700)