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RS 0.192.120.263.21 Agreement of 29 June 2006 between the Swiss Federal Council and the International Organization for Standardization to settle the tax status of the Organization and its staff in Switzerland

Original Language Title: RS 0.192.120.263.21 Accord du 29 juin 2006 entre le Conseil fédéral suisse et l’Organisation internationale de normalisation pour régler le statut fiscal de l’Organisation et de son personnel en Suisse

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0.192.120.263.21

Original text

Agreement

Between the Swiss Federal Council and the International Organization for Standardisation to settle the tax status of the Organisation and its staff in Switzerland

Convened on 29 June 2006
Entered into force on 29 June 2006

(State 23 January 2007)

The Swiss Federal Council, on the one hand, and the International Standards Organization, on the other,

Wishing to conclude an Agreement to settle the tax status of the Organization and its staff in Switzerland,

Agreed to the following provisions:

Art. 1

The International Organization for Standardization, its assets, and its income and other property are exempt from direct federal, cantonal and communal taxes.

Art. 2

The International Organization for Standardization is exempt from federal, cantonal and communal indirect taxes.

2. The Organisation is exempt from the value added tax (VAT) for all its acquisitions of goods and services made on Swiss territory to taxable persons, as well as for all its acquisitions of Services to enterprises having their registered office abroad, intended exclusively for its official use.

3. The Organisation is not exempt from entry fees (customs duties, VAT, etc.) for imported goods.

Art. 3

The International Organization for Standardization is exempt from all federal, cantonal and communal taxes, with the exception of those collected for specific services rendered.

Art. 4

In the case of buildings, the above exemptions apply only to those of which the International Organization for Standardization owns and is occupied by its services, as well as to the income derived from them.

Art. 5

Where applicable, the above exemptions shall be made by way of reimbursement, at the request of the International Organization for Standardization and following a procedure to be determined by the International Organization for Standardization and the competent Swiss authorities.

Art. 6

(1) Members of staff of the International Organization for Standardization who do not have Swiss nationality shall be exempt, for the duration of their duties in the Organization, from all federal, cantonal and communal taxes on the Salaries, emoluments and allowances paid to them by the Organization.

2. Capital benefits which are payable under any circumstances by a pension fund or social security institution are also exempt in Switzerland at the time of payment of any taxes on capital and Income. The same applies to all capital benefits that could be paid as a result of sickness, accident or disability. On the other hand, the income from the capital paid, as well as annuities and pensions paid by the Organisation to former members of its staff, do not benefit from the exemption.

3. In addition, it remains understood that Switzerland retains the option of taking into account the treatment and other exempt income elements in determining the tax rate applicable to other, normally taxable items, of the income of the members of the Staff.

Art. 7

The fiscal privileges provided for in this Agreement shall not be established for the purpose of granting staff members of the International Organization for Standardization of Personal Benefits. They shall be established solely in order to ensure, in all circumstances, the free functioning of the Organization.

Art. 8

The International Standards Organization shall cooperate with the Swiss authorities at all times with a view to preventing any abuse of the privileges provided for in this Agreement.

Art.

The Federal Department of Foreign Affairs shall be the Swiss authority responsible for the implementation of this Agreement.

Art. 10

1. Any dispute between the parties to this Agreement concerning the interpretation or application of this Agreement, which could not be settled by negotiations between the parties, may be submitted by either party by means of a request, A three-member arbitral tribunal.

(2) The parties to this Agreement shall each appoint a member of the arbitral tribunal.

(3) The members so appointed shall select by common accord the third member, who shall preside over the arbitral tribunal. Failing agreement within a reasonable period of time, the third member shall be appointed by the President of the Swiss Federal Court at the request of either party.

4. The arbitral tribunal shall determine its own procedure. The language of the arbitration shall be French.

5. The arbitral award shall be binding on the parties to the dispute and final.

Art. 11

(1) This Agreement may be revised at any time at the request of either party.

2. In this event, both parties agree on any changes to the provisions of this Agreement.

Art. 12

This Agreement may be denounced by either party on two-year written notice for the last day of a calendar year.

Art. 13

This Agreement shall enter into force on the date of its signature.

Done at Berne, on June 29, 2006, in duplicate, in French.


For the

Swiss Federal Council:

For the International Organization

Standardization:

Paul Seger

Alan Bryden


RO 2007 181


Status January 23, 2007