The Federal Council recognises the international personality and legal capacity in Switzerland of the International Union for the Protection of New Varieties of Plants (hereafter referred to as the Union).

The Federal Council guarantees the Union the independence and freedom of action that it belongs to as an international organisation.

2. It recognizes in particular, as well as to its members in their relations with it, an absolute freedom of assembly, with freedom of discussion and decision.

The Union shall enjoy all the immunities and privileges normally accorded to international organisations.

1. Buildings or parts of buildings and the adjoining land which, whatever the owner, are used for the purposes of the Union shall be inviolable. No agent of the Swiss public authority shall enter without the express consent of the Union. Only the Secretary-General of the Union or his duly authorized representative shall be competent to waive such inviolability.

2. The archives of the Union and, in general, all documents intended for its official use, which belong to it or are in its possession, shall be inviolable at any time and in any place to which it is located.

3. The Union shall exercise control and the police of its premises.

The Union shall enjoy immunity from criminal, civil and administrative jurisdiction, except to the extent that such immunity has been formally waived for cases determined by the Secretary-General of the Union or his duly authorized representative. The inclusion in a contract of a jurisdiction clause before a Swiss ordinary court constitutes a formal waiver of immunity. However, unless expressly stated otherwise, such a waiver does not extend to implementing measures.

2. Buildings or parts of buildings, the adjoining land and the property, properties of the Union or used by the Union for its purposes, whether or not they are its property, cannot be searched, requisition, seizure or measure To execute.

1. The Union shall enjoy, in its official communications, at least as favourable treatment as that provided to other international institutions in Switzerland, to the extent compatible with the International Telecommunication Convention ¹ .

2. The Union shall have the right to use codes for its official communications. It also has the right to send and receive its correspondence by duly identified letters or suitcases which enjoy the same privileges as diplomatic couriers and bags.

3. Official correspondence and other duly authenticated official communications of the Union shall not be censored.

There will be no restrictions on the import and export of EU publications.

1. The Union, its assets, income and other property are exempt from direct federal, cantonal and communal taxes. However, for buildings, this exemption will apply only to those whose Union is the owner and who are occupied by its services, as well as to the income derived from it. The Union shall not be liable to a tax on the rent it pays for premises leased by it and occupied by its services.

2. The Union is exempt from federal, cantonal and communal indirect taxes. As regards the federal tax on turnover, included in prices or transferred in an apparent way, however, the exemption is only permitted for acquisitions intended for the official use of the Union, provided that the amount Invoiced for one acquisition alone exceeds one hundred Swiss francs.

3. The Union shall be exempt from all federal, cantonal and communal taxes, provided that they are not taxes levied in remuneration for particular services rendered.

4. Where applicable, the exemptions mentioned above shall be made by way of reimbursement, at the request of the Union and following a procedure to be determined by the Union and the competent Swiss authorities.

The customs processing of objects intended for the Union shall be governed by the Customs Regulation of the Federal Council applicable to international organisations, which shall form an integral part of this Agreement.

Switzerland shall grant advances to the Union if the working capital of the Union is insufficient. The amount of such advances and the conditions under which they are granted shall be subject, in each case, to a separate agreement between it and the Union.

2. Switzerland and the Union shall each have the right to denounce the undertaking to grant advances, subject to notification in writing. Denunciation shall take effect three years after the end of the year in which it was notified.

1. The Union may receive, hold, convert and transfer any funds of any kind, gold, currency, numerary and other securities, and freely dispose of it both within Switzerland and in its relations with other countries.

2. This Article shall apply to the Member States in their relations with the Union.

(1) The Swiss authorities shall take all necessary measures to facilitate the entry into Switzerland, the exit of that territory and the stay of all persons, irrespective of their nationality, called in official capacity with the Union, Either:

(a)

Representatives of the Member States;

(b)

The Secretary-General and the staff of the Union:

(c)

Any other person, regardless of nationality, who is called in official capacity with the Union.

2. All measures concerning the Federal Office for Migration ¹ And aiming to restrict the entry into Switzerland of foreigners or to control the conditions of their stay shall not apply in respect of the persons referred to in this Article.

The representatives of the members of the Union at any meeting organised by the Union shall enjoy in Switzerland the following privileges and immunities:

(a)

Inviolability of the person, place of residence and any objects of interest belonging to the person concerned;

(b)

Immunity from arrest or detention and, in respect of acts performed by them in the performance of their duties, including their words and writings, immunities of any jurisdiction;

(c)

Customs facilities granted in accordance with the Customs Regulation of the Federal Council applicable to international organisations;

(d)

The same immunities and facilities in respect of their personal baggage as those accorded to representatives of other intergovernmental organizations in Switzerland;

(e)

The right to use figures in their official communications and to receive or send documents or correspondence through couriers or diplomatic bags duly sealed;

(f)

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

(g)

Exemption from restrictions on freedom of exchange under conditions identical to those granted to representatives of foreign governments on official missions.

1. The Secretary-General of the Union and officials of categories designated by him with the consent of the Federal Council shall enjoy the privileges and immunities, exemptions and facilities accorded to diplomatic agents in accordance with the law of People and international practices.

2. Customs privileges and facilities shall be granted in accordance with the customs regulations.

Officials of the Union, irrespective of their nationality, shall be entitled to the exemption from any jurisdiction for acts performed in the performance of their duties, including words and writings, even after such persons have Ceased to be public servants.

Union officials who do not have Swiss nationality:

(a)

Are exempt from any obligation relating to the national service in Switzerland;

(b)

They are not subject to the provisions restricting immigration and the registration formalities of foreigners, nor are their spouses and family members dependent on them;

(c)

Enjoy, as regards the exchange facilities, the same privileges as those accorded to officials of other international organizations;

(d)

Enjoy, as well as family members and domestic staff, the same repatriation facilities as officials of other international organizations;

(e)

Shall enjoy, in respect of customs, facilities provided for in the Customs Regulation of the Federal Council, applicable to international organisations;

(f)

Shall enjoy exemption from all federal, cantonal and communal taxes on salaries, emoluments and allowances paid to them by the Union. Also exempt in Switzerland from any taxes on capital and income at the time of payment, the capital benefits payable under any circumstances by a pension fund or an institution of foresight in the sense of Of Art. 17 of this Agreement; the same shall apply to all benefits which could be paid to officers, officials or employees of the Union as compensation for sickness, accident, etc.

1. Any pension fund or provident institution formally exercising its activity in favour of Union officials shall have the legal capacity in Switzerland, if it observes the forms provided for in that effect by Swiss law. It shall enjoy, to the extent of its activity in favour of such officials, the same exemptions, immunities and privileges as the Union itself.

2. Funds and foundations, whether or not they have a legal personality, managed under the auspices of the Union and assigned to its official purposes, shall enjoy the same exemptions, immunities and privileges as the Union itself, in respect of their property Furniture.

The Union shall be exempt from all compulsory contributions to general social welfare institutions, such as compensation funds, unemployment insurance funds, accident insurance, etc., on the understanding that the Union shall ensure To the extent possible and under conditions to be agreed, membership in the Swiss insurance systems of those of its agents who are not insured of equivalent social protection.

1. The privileges and immunities provided for in this Agreement shall not be established with a view to granting Union officials benefits and personal amenities. They shall be established solely in order to ensure, in all circumstances, the free functioning of the Union and the complete independence of its agents.

2. The Secretary-General of the Union has the right and the duty to waive the immunity of an official when he considers that this immunity prevents the normal game of justice and that it is possible to renounce it without prejudice to the interests of the Union. With regard to the Secretary-General, the Council of the Union shall be entitled to waive the immunities.

The Union and the Swiss authorities shall cooperate at all times with a view to facilitating the proper administration of justice, ensuring compliance with police regulations and preventing any abuse of the privileges, immunities and facilities provided for by the present Agreement.

The Federal Department for Foreign Affairs shall provide to the Union, for each official and members of his or her family living in his or her care, a joint household and not engaged in a gainful occupation, a card of Legitimation provided with the owner's photograph. This card, authenticated by the Federal Department of Foreign Affairs and the Union, serves as the legitimation of the holder in respect of any federal, cantonal and communal authority.

2. The Union shall communicate regularly to the Federal Department of Foreign Affairs the list of officials of the Union and members of their families, indicating for each of them the date of birth, nationality, residence in Switzerland and The category or function class to which they belong.

The Union shall make appropriate arrangements for the satisfactory resolution of:

(a)

Disputes arising from contracts to which the Union would be a party and other disputes involving a private law point;

(b)

Of disputes involving an official of the Union who, by virtue of his official status, enjoys immunity, if that immunity has not been waived in accordance with the provisions of Art. 19.

Switzerland shall not, by virtue of the activity of the Union in its territory, incur any international responsibility for the acts and omissions of the Union or for those of its agents acting or abstaining in the course of their duties.

Nothing in this Agreement shall affect the right of the Federal Council to take all necessary precautions in the interest of the security of Switzerland.

2. In the event that it considers it necessary to apply the first paragraph of this Article, the Federal Council shall, as soon as circumstances permit, permit the Federal Council in connection with the Union with a view to the adoption by common agreement of the necessary measures To protect the interests of the Union.

3. The Union shall cooperate with the Swiss authorities in order to avoid prejudice to the security of Switzerland as a result of its activity.

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

(1) Any difference of opinion concerning the application or interpretation of this Agreement, which could not be settled by direct talks between the parties, may be submitted by either party to the assessment of a arbitral tribunal Composed of three members, including the Chair.

2. The Federal Council and the Union shall each appoint a member of the court.

3. The members so appointed shall select their chairperson.

4. In the event of disagreement between the members concerning the person of the President, the President shall be appointed by the President of the International Court of Justice at the request of the members of the Tribunal.

5. The court shall determine its own procedure.

This Agreement shall enter into force on the day of its signature. It shall apply retroactively to 8 November 1981.

1. This Agreement may be revised at the request of either Party.

2. In this event, both parties shall consult on any amendments to the provisions of this Agreement.

The agreement may be terminated by either party on two years' notice.

Done and signed in Bern on 17 November 1983, in duplicate.