The Swiss Federal Council recognises the international legal personality and legal capacity in Switzerland of the Organisation. In particular, it has the capacity to contract, acquire and dispose of movable and immovable property, as well as to take legal action.

The Swiss Federal Council guarantees the Organization's independence and freedom of action as an intergovernmental organization.

2. It recognises, in particular, as well as its Members in their relations with it, an absolute freedom of assembly, including freedom of discussion, decision and publication, on Swiss territory.

Each Member of the Organization may establish a Permanent Mission to the Organization.

(1) The Organization shall enjoy privileges and immunities in accordance with this Agreement.

2. Delegates of Members, officials of the Organization, members of the Appellate Body, and experts on mission shall enjoy privileges and immunities in accordance with this Agreement.

(3) The officials of the Organization shall be treated with due respect and any appropriate measures shall be taken to prevent any harm to their person, freedom and dignity. Without prejudice to their privileges and immunities, the officials of the Organization shall have the duty to respect Swiss laws and regulations.

1. Buildings or parts of buildings and the adjoining land which, whatever the owner, are used for the purposes of the Organization shall be inviolable. No agent of the Swiss public authority shall enter without the express consent of the Director General of the Organization, or, in the event of the latter's incapacity, of his or her replacement, or of the person designated by him.

2. Buildings or parts of buildings and the adjoining land which, whatever the owner, are used by the Organization, shall be exempt from any form of search, requisition, confiscation or expropriation.

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

The archives of the Organization and, in general, all documents, as well as the data carriers that belong to it or are in its possession, shall be inviolable at any time and in any place they are located.

(1) The Organization shall enjoy immunity from jurisdiction and enforcement unless that immunity has been formally waived in respect of cases determined by the Director General of the Organization, or, in the event of the latter's incapacity, by his or her replacement, or Still by the person designated by him.

2. Buildings or parts of buildings, the adjoining land and movable property which are used by the Organization, whatever the owner, wherever they are and regardless of who owns them, shall be free of all Form of a receiver and any other form of executive, administrative, judicial or legislative constraint, except in the case provided for in paragraph 1.

1. The Organization, its assets, income and other property are exempt from direct federal, cantonal and communal taxes. However, for real property, this exemption applies only to those whose services are owned and occupied by the Organization, as well as to the revenues derived from it. The Organization shall not be liable to a tax on the rent it pays for premises leased by it and occupied by its services.

2. The Organization is exempt from federal, cantonal and communal indirect taxes. It is, in particular, exempt from the value added tax (VAT) for all acquisitions intended for official use and for all services provided for official use. This exemption is granted by way of relief at source from an amount of 100 francs per invoice, without limiting the ceiling. This amount may be reviewed, in consultation with the Organization, the first time five years after the entry into force of this Agreement, for administrative reasons, in accordance with the evolution of the cost of living in Switzerland. VAT is deducted without a floor limit from the bills of PTT and industrial services.

3. The Organization shall be exempt from all federal, cantonal and communal taxes, provided that they are not taxes levied in respect of specific services rendered.

4. Where applicable, the above exemptions shall be effected by way of reimbursement, at the request of the Organization and in accordance with a procedure to be determined between the Organization and the competent authorities.

The customs processing of objects intended for the official use of the Organization shall be governed by the relevant provisions of Swiss law applicable to intergovernmental organizations. The Swiss Federal Council undertakes to grant the Organisation of customs privileges at least as favourable as those provided for, at the time of entry into force of this Agreement, by the order of 13 November 1985 ¹ Concerning the customs privileges of international organisations, states in their relations with these organisations and special missions of foreign states.

There are no restrictions on the import of publications for the Organization and for the export of publications of the Organization.

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

The Organization shall enjoy, in its official communications, at least as favourable treatment as that provided to other intergovernmental organizations in Switzerland, to the extent consistent with the Convention of the International Union Telecommunications, 22 December 1992 ¹ .

2. The Organization shall have the right to use codes for its official communications. It shall have the right to send and receive its correspondence, including data carriers, by duly identified letters or suitcases which enjoy the same privileges and immunities as diplomatic couriers and bags.

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

4. The Organization shall be exempt from the requirement of approval for wireline installations of users (wire communications) which it establishes and operates exclusively within the premises of its buildings or parts of buildings or adjoining lands. Users' installations will have to be put in place and operated in such a way that they do not endanger people and property and do not disrupt telecommunications and broadcasting.

5. The operation of telecommunications facilities (wire and wireless communications) shall be technically coordinated with the Federal Communications Office and the Swiss PTT Enterprise.

Subject to a check to check the working condition of the vehicle, the vehicles of the Organization, which are admitted in international circulation, may be registered in Switzerland without restrictions. A Swiss traffic permit and Swiss control plates remain necessary.

Any pension fund or provident institution formally exercising its activity in favour of United Nations officials shall have the same legal capacity in Switzerland as the Organization. It shall enjoy, to the extent of its activity in favour of civil servants, the same privileges and immunities as the Organization itself, in respect of movable property.

1. The Organisation is not subject, as employer, to the Swiss legislation on old-age and survivors' insurance, invalidity insurance, unemployment insurance, benefit-loss benefit scheme, occupational foresight Old age, survivors and compulsory disability, as well as health insurance.

2. Officials of the Organization who do not have Swiss nationality shall not be subject to Swiss legislation on old-age and survivors' insurance, invalidity insurance, unemployment insurance, benefit-loss benefit scheme and Old-age pension, survivors and compulsory invalidity. The situation of officials of Swiss nationality is settled by exchange of letters.

3. Officials of the Organization shall not be subject to Swiss compulsory accident insurance, provided that the Organization gives them equivalent protection against the consequences of professional and non-professional accidents and diseases Professional.

4. Officials of the Organization shall not be subject to Swiss law on compulsory health insurance.

Members of Permanent Missions enjoy privileges and immunities in accordance with customary law, the Vienna Convention of 18 April 1961 ¹ On diplomatic relations, which shall apply by analogy, and to the relevant provisions of this Agreement.

2. Members of permanent missions shall be treated with due respect and all appropriate measures shall be taken to prevent any harm to their person, freedom and dignity. Without prejudice to their privileges and immunities, members of permanent missions shall have the duty to respect Swiss laws and regulations.

Members of permanent missions shall enjoy the tax privileges provided for in the Vienna Convention of 18 April 1961 ¹ On diplomatic relations, applicable by analogy.

2. Members of permanent missions, who have diplomatic status, are exempt from value added tax (VAT) for acquisitions for their strictly personal use and for the provision of services for their use Strictly personal. This exemption is granted by way of relief at source from an amount of 100 francs per invoice, without limiting the ceiling. This amount will be adapted to the amount set for the Organization in accordance with the rules laid down in Art. 9 of this Agreement. VAT is deducted without a floor limit from the bills of PTT and industrial services.

Members of permanent missions shall enjoy customs privileges in accordance with Art. 36 of the Vienna Convention of 18 April 1961 ¹ On diplomatic relations, applicable by analogy, and the relevant provisions of Swiss law applicable to members of permanent missions. The Swiss Federal Council undertakes to grant them customs privileges at least as favourable as those provided for, at the time of entry into force of this Agreement, by the order of 13 November 1985 ² Concerning the customs privileges of international organisations, states in their relations with these organisations and special missions of foreign states. In addition, members of permanent missions, who have diplomatic status, have the right to import and use a second non-duty-paid car under unlimited liability as long as they own it.

(1) The Swiss authorities shall take all necessary measures to facilitate entry into Switzerland, the exit of the territory and the stay, irrespective of their nationality, to the persons mentioned below:

(a)

Members of permanent missions and members of their families within the meaning of s. 3 and 4 below;

(b)

Private servants;

(c)

Personal guests.

2. Applications for visas from the above mentioned persons will have to be considered in the shortest possible time, which, for private servants, will not exceed one month after the filing of the complete file. Visas will be issued free of charge, with the exception of visas for private servants and personal guests.

3. The following persons are admitted to Switzerland as part of the family reunion, provided that they have a common household with the principal holder:

(a)

The spouse of the principal holder;

(b)

Single children up to the age of 25.

4. The following persons are admitted to Switzerland in exceptional circumstances and to the benefit of a legitimising card of the Federal Department of Foreign Affairs:

(a)

Single children over the age of 25 who are wholly dependent on the principal and have a common household with the principal;

(b)

Ascendants who are wholly dependent on the principal and are in common with the principal.

1. Spouses of members of permanent missions shall enjoy access to the labour market, provided that they reside in Switzerland and have a common household with the principal holder. Such access shall be granted under special conditions, within the limits of Swiss law, for the duration of the duties of the principal holder.

2. Children, admitted for family reunification before the age of 21, have access to the labour market under the same conditions as the spouses, provided that they reside in Switzerland and have a common household with the holder Principal.

The Swiss Federal Council regulates the terms of this access to the labour market.

1. Subject to a check to check the working condition of the vehicle, the vehicles of the members of permanent missions, which are admitted in international circulation, may be registered in Switzerland without restrictions. A Swiss traffic permit and Swiss control plates remain necessary.

2. By "members of permanent missions" within the meaning of paragraph 1 of this article, the members of diplomatic staff, members of administrative and technical staff and members of the service staff shall be heard for As long as these persons are not Swiss nationals or have not had their permanent residence in Switzerland before taking up office.

(1) Delegates of the Members of the Organization, who are called in official capacity to participate in conferences or meetings with the Organization, shall enjoy, during the performance of their duties in Switzerland and during the course of travel to or from From the meeting place, the following privileges and immunities:

(a)

Immunity from arrest or detention and immunity from seizure of personal baggage, except in cases of flagrante delicto;

(b)

Immunity from jurisdiction, even after the end of their duties, for acts performed in the performance of their duties, including their words and writings;

(c)

Inviolability of all documents, data carriers and official documents;

(d)

Privileges and customs facilities granted in accordance with the relevant provisions of Swiss law. The Swiss Federal Council undertakes to grant to the delegates of the Members of the Organization customs privileges at least as favourable as those provided for that category of persons, at the time of entry into force of this Agreement, by The Order of November 13, 1985 ¹ Concerning the customs privileges of international organisations, states in their relations with these organisations and special missions of foreign states.

(e)

Exemption, for themselves and their spouses, of any measure restricting entry, any formality of registration of aliens and any obligation of national service;

(f)

The same facilities for monetary or foreign exchange regulations as those accorded to representatives of foreign governments on temporary official missions;

(g)

The right to use figures in their official communications and to receive or send documents and correspondence via couriers or diplomatic bags.

2. In cases where the incidence of any tax is subject to the residence of the taxable person in Switzerland, the periods during which the delegates of the Members of the Organization to its principal and subsidiary organs and to the conferences Summoned by the Organization will be in Switzerland for the performance of their duties will not be considered periods of residence.

(3) Privileges and immunities shall be accorded to the delegates of the Members of the Organization, not to their personal benefit, but with the aim of ensuring, in all independence, the exercise of their functions relating to the Organization. Consequently, the competent authorities of a Member of the Organization shall remove any immunity in all cases where its maintenance is likely to impede the action of justice and where it can be waived without prejudice to the achievement of The purpose for which it was granted.

(1) The Director General or, in the event of the incapacity of the Director General, his or her replacement, shall enjoy the privileges and immunities accorded to diplomatic agents in accordance with the law of people and international customs.

2. The Director-General or, in the event of the incapacity of the latter, his replacement, shall be granted the facilities granted to the Heads of Mission.

3. The Director General shall be entitled to the exemption of all federal, cantonal and communal taxes on the salaries, emoluments and allowances paid to him by the Organization; this exemption shall apply to a person of Swiss nationality, to Condition that the Organization provide for internal taxation. The capital benefits, payable under any circumstances by the Organization, are exempt in Switzerland at the time of payment; on the other hand, the income from the capital paid does not benefit from the exemption.

The Director-General shall be exempt from the value added tax (VAT) for purchases intended for his strictly personal use and for all services provided for his strictly personal use. This exemption is granted by way of relief at source from an amount of 100 francs per invoice, without limiting the ceiling. This amount may be reviewed, in consultation with the Organization, the first time five years after the entry into force of this Agreement, for administrative reasons, in accordance with the evolution of the cost of living in Switzerland. VAT is deducted without a floor limit from the bills of PTT and industrial services.

4. Customs privileges and facilities shall be granted in accordance with the relevant provisions of Swiss law. The Swiss Federal Council undertakes to grant to the Director General Customs privileges at least as favourable as those provided for, at the time of entry into force of this Agreement, by the order of 13 November 1985 ¹ Concerning the customs privileges of international organisations, states in their relations with these organisations and special missions of foreign states. In addition, the Director General has the right to import and use a second non-duty paid car under unlimited liability as long as he owns it.

(1) The Deputy Directors General, members of senior management and international staff at the P-5 level and above shall enjoy the privileges, immunities and facilities accorded to diplomatic agents in accordance with the law of persons And international usages.

2. The persons mentioned above benefit from the exemption of all federal, cantonal and communal taxes on the salaries, emoluments and allowances paid to them by the Organization; this exemption applies to persons of Swiss nationality, provided that the Organization provides for internal taxation. The capital benefits, payable under any circumstances by the Organization, are exempt in Switzerland at the time of payment; on the other hand, the income from the capital paid does not benefit from the exemption.

The persons mentioned above are exempt from the value added tax (VAT) for purchases intended for their strictly personal use and for all services provided for their strictly personal use. This exemption is granted by way of relief at source from an amount of 100 francs per invoice, without limiting the ceiling. This amount may be reviewed, in consultation with the Organization, the first time five years after the entry into force of this Agreement, for administrative reasons, in accordance with the evolution of the cost of living in Switzerland. VAT is deducted without a floor limit from the bills of PTT and industrial services.

3. Customs privileges and facilities shall be granted in accordance with the relevant provisions of Swiss law. The Swiss Federal Council undertakes to grant such persons customs privileges at least as favourable as those provided for, at the time of entry into force of this Agreement, by the order of 13 November 1985 ¹ Concerning the customs privileges of international organisations, states in their relations with these organisations and special missions of foreign states. In addition, the persons mentioned above have the right to import and use a second non-duty paid car under unlimited liability as long as they own it.

Other United Nations officials, irrespective of their nationality, shall enjoy:

(a)

Immunity from arrest or detention for acts performed in the performance of their duties;

(b)

Immunity from prosecution for acts performed in the performance of their duties, including words and writings, even after such persons have ceased to be public servants;

(c)

Inviolability for all their papers, data carriers and official documents;

(d)

Immunity from seizure and inspection for their official luggage;

(e)

Exemption from all federal, cantonal and communal taxes on salaries, emoluments and allowances paid to them by the Organization; this exemption extends to officials of Swiss nationality, provided that the Organization provides for Internal taxation. The capital benefits, payable under any circumstances by the Organization, are exempt in Switzerland at the time of payment; on the other hand, the income from the capital paid does not benefit from the exemption.

Other staff members of the Organization, who do not have Swiss nationality,

(a)

Are not subject, not more than their spouse and their dependent family members, to the provisions restricting immigration and the registration formalities of foreigners;

(b)

Enjoy, as regards the exchange and transfer of their assets in Switzerland and abroad, the same privileges as those accorded to officials of other international organizations;

(c)

Enjoy the same repatriation facilities as the staff members of other international organizations, as well as their family members and their household employees;

(d)

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

(e)

Have privileges under the relevant provisions of Swiss law applicable to intergovernmental organizations. The Swiss Federal Council undertakes to grant this category of customs privileges at least as favourable as those provided for, at the time of entry into force of this Agreement, by the order of 13 November 1985 ¹ Concerning the customs privileges of international organisations, states in their relations with these organisations and special missions of foreign states.

(1) The members of the Appellate Body shall enjoy the privileges and immunities accorded to diplomatic agents in accordance with the law of people and international usages.

2. Art. 31 of this Agreement shall apply mutatis mutandis.

The experts to whom the Organization makes an appeal shall enjoy, for the duration of that mission, including the travel time, the following privileges and immunities, insofar as they are necessary for the performance of their duties:

(a)

Immunity from prosecution for acts performed by them during their mission, including their words and writings;

(b)

Inviolability of all documents, data carriers and official documents;

(c)

Exemption for all restrictive measures relating to immigration, all formalities for the registration of foreigners and all national service obligations;

(d)

The same facilities for monetary or foreign exchange regulations as those accorded to representatives of foreign governments on temporary official missions;

(e)

The same immunities and facilities in respect of their personal baggage as those granted to diplomatic agents.

(1) Officials of the Organization who have Swiss nationality shall remain subject to military obligations in Switzerland in accordance with the provisions of Swiss law in force.

(2) A limited number of military leave (leave for foreign leave) may be granted to Swiss officials of the Organization exercising leadership positions in the Organization; the beneficiaries of such leave shall be provided by the services, Mandatory inspection and shooting outside the service.

3. For officials of Swiss nationality of the Organization who do not fall within the category of subs. 2 above, requests for permutation of the training service, duly substantiated and countersigned by the person concerned, may be submitted.

4. Applications for leave for foreign nationals and requests for permutation of the training service are submitted by the Organization to the Federal Department of Foreign Affairs for the Federal Military Department.

(1) Subject to a check to verify the working condition of the vehicle, the vehicles of the staff members of the Organization, who are admitted in international circulation, may be registered in Switzerland without restrictions. A Swiss traffic permit and Swiss control plates remain necessary.

2. "Officials of the Organization" within the meaning of paragraph 1 of this Article shall be understood to mean persons who are not Swiss nationals or persons who have not had their permanent residence in Switzerland before entering into Functions.

1. The privileges and immunities provided for in this Agreement shall not be established with a view to conferring personal benefits on those who benefit from it. They shall be established solely in order to ensure, in all circumstances, the free functioning of the Organization and the complete independence of the persons concerned in the performance of their duties in relation to the Organization.

2. The Director-General or, in the event of the incapacity of the latter, his replacement, not only has the right, but also the duty to waive the immunity of an official or expert in all cases where he considers that this immunity would impede the action And where it could be lifted without prejudice to the achievement of the objective for which it was granted. In respect of the Director-General or his replacement, the General Council shall be entitled to waive the immunities.

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

(a)

Members' delegates and their spouses;

(b)

The Director-General, Deputy Directors General, members of senior management, senior and senior officials and other staff members, as well as members of their families within the meaning of s. 4 and 5 below;

(c)

Members of the Appellate Body;

(d)

Experts on mission for the Organization;

(e)

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

2. The Swiss authorities shall take all necessary measures to facilitate entry into Switzerland, the exit of the territory and the stay of the following persons, irrespective of their nationality:

(a)

Private servants of United Nations officials;

(b)

Personal guests of United Nations officials.

3. Applications for visas from the above mentioned persons will have to be considered in the shortest possible time, which, for private servants, will not exceed one month after the filing of the complete file. Visas will be issued free of charge, with the exception of visas for private servants and personal guests.

4. The following persons are admitted to Switzerland as part of the family reunion, provided that they have a common household with the principal holder:

(a)

The spouse of the principal holder;

(b)

Single children up to the age of 25.

5. The following persons are admitted to Switzerland in exceptional circumstances and to the benefit of a legitimising card of the Federal Department of Foreign Affairs:

(a)

Single children over the age of 25 who are wholly dependent on the principal and are in common with the principal;

(b)

Persons who are dependants within the meaning of the Staff Regulations of the Organization and who are in common with the principal holder.

(1) The spouses of staff members of the United Nations shall enjoy access to the labour market, provided that they reside in Switzerland and have a common household with the principal holder. Such access shall be granted under special conditions, within the limits of Swiss law, for the duration of the duties of the principal holder.

2. Children, admitted for family reunification before the age of 21, have access to the labour market under the same conditions as the spouses, provided that they reside in Switzerland and have a common household with the holder Principal.

The Swiss Federal Council regulates the terms of this access to the labour market.

The Organization will be able to issue passes to its officials. These passes will be recognized and accepted by the Swiss authorities as valid travel documents, taking into account s. 2 of this article.

2. Applications for visas issued by the holders of these passes, together with a certificate attesting that they travel on behalf of the Organization, will have to be considered in the shortest possible time. Visas will be issued free of charge.

3. Facilities analogous to those mentioned in par. 2 of this Article shall be granted to experts and other persons who, without having a laissez-passer of the Organization, shall carry a certificate certifying that they are travelling on behalf of the Organization.

The Federal Department for Foreign Affairs presents to the Organization, for the staff of the Organization, as well as members of their families living together with and living with them, a legitimising card with The photograph of the holder. This map, which is authenticated by the Federal Department of Foreign Affairs and the Organization, serves to legitimizing the holder in respect of any federal, cantonal or communal authority.

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

The Organization and the Permanent Missions in respect of them, on the one hand, and the Swiss authorities, on the other hand, will cooperate at all times with a view to facilitating good administration of justice, ensuring compliance with police regulations And to prevent any abuse of the privileges, immunities and facilities provided for in this Agreement.

The Organization shall take appropriate measures to ensure that a settlement system is available:

(a)

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

(b)

Disputes involving an official of the Organization who, by virtue of his official status, enjoys immunity, if the latter has not been lifted in accordance with art. 38.

2. At the request of either party, the Swiss authorities shall assist in the amicable solution of the disputes referred to above.

Switzerland shall not, as a result of the activities of the Organization in its territory, incur any international responsibility for the acts and omissions of the Organization or for those of the officials of the Organization.

The competence of the Swiss Federal Council to take all necessary measures to safeguard the security of Switzerland is reserved.

2. In the event that it considers it necessary to exercise that competence in respect of the Organisation, the Swiss Federal Council shall, as soon as the circumstances permit, permit it in connection with the Organisation with a view to the establishment of a common agreement on the Necessary measures to protect the interests of the Organization.

3. The Organization 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.

The Swiss Federal Council shall ensure compliance with the provisions of this Agreement by all the authorities responsible for its application.

(1) Any difference of opinion between the parties to this Agreement concerning the application or interpretation of this Agreement, which could not be resolved through direct talks between the parties, may be submitted by way of request, by one or The other party to a three-member arbitral tribunal.

2. The Swiss Federal Council and the Organization 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 International Court of Justice at the request of either party.

4. The court shall determine its own procedure.

5. The arbitral award shall be binding on the parties to the dispute. It is final and without recourse.

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

2. In this event, both Parties shall consult with a view to an agreement on any amendments to the provisions of this Agreement.

This Agreement may be terminated at a fixed date of agreement between the two parties or by either party, subject to 24 months' written notice.

This Agreement shall enter into force on the date of its signature. It is applicable from 1 ^Er January 1995, the date of entry into force of the Marrakesh Agreement Establishing the World Trade Organization.

Done at Berne, on June 2, 1995, in duplicate, in French.