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RS 0.192.120.281 Agreement of 21 August 1948 between the Swiss Federal Council and the World Health Organization to settle the legal status of this organisation in Switzerland

Original Language Title: RS 0.192.120.281 Accord du 21 août 1948 entre le Conseil Fédéral Suisse et l’Organisation mondiale de la santé pour régler le statut juridique de cette organisation en Suisse

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0.192.120.281

Original text

Agreement

Between the Swiss Federal Council
And the World Health Organization,
To settle the legal status of this organisation in Switzerland

Conclu August 21, 1948
Approved by the Federal Assembly on September 29, 1955 1
Entered into force retroactively to 17 July 1948

(Status on 5 November 1999)

The Swiss Federal Council, on the one hand, the World Health Organization, on the other hand,

Desiring to conclude an agreement to settle the legal status of the World Health Organization in Switzerland, the following provisions have been agreed:

Art. 1 Freedom of action of the O. M.S.

The Swiss Federal Council guarantees to the World Organisation Freedom of Action of Health the independence and freedom of action which it belongs to the O. M.S. in his capacity as an international institution.

Art. 2 Personality of O. M.S.

The Swiss Federal Council recognises the international personality and legal capacity in Switzerland of the World Organisation. M.S. of Health.

Art. 3 Immunizations from O. M.S.

The World Health Organization is for the benefit of all known immunities, in people's law, under the name of diplomatic immunities.

Art. 4 Exterritoriality of land and premises

The Swiss Federal Council recognises, inter alia, the exterritoriality of the land and premises of the World Health Organization and of all premises occupied by it at its meetings and any other meeting convened in Switzerland by it.

Art. 5 Freedom of assembly

The Swiss Federal Council acknowledges to the World Health Organization and its members, in their relations with it, an absolute freedom of assembly with freedom of discussion and decision.

Art. 6 Immunity from jurisdiction and immunity from other measures

1. The World Health Organization benefits, for itself, its properties and property, regardless of where it is located or the person holding them, from immunity in respect of any form of judicial action, except to the extent that such Immunity has been formally waived by the Director General of the World Health Organization or his duly authorized representative.

2. The properties and property of the World Health Organization, regardless of where they are located or the person holding them, are for the benefit of the immunity in respect of any search, requisition, confiscation, expropriation, And any other form of seizure or interference by any public authority of any kind.

Art. 7 Inviolability of land and premises

The land and premises of the World Health Organization are inviolable. No official of the Swiss public authority shall enter without the express consent of the World Health Organization.

Art. 8 Inviolability of archives

The archives of the World Health Organization and, in general, all documents belonging to it or are in its possession are inviolable.

Art. Publications

The export and import of World Health Organization publications will not be subject to any restrictive measures.

Art. 10 Taxation of the O. M.S.

The World Health Organization is exempt from direct and indirect, federal, cantonal and communal taxes, on the buildings owned and occupied by its services, as well as on its movable property, being heard That it does not seek exemption from taxes to which a provision of public authority corresponds.

Art. 11 Free provision of funds

1. The World Health Organization may receive and hold any funds, currency, numerary and other securities, and freely dispose of it both within Switzerland and in its foreign relations.

2. This Article shall apply to the Member States in their relations with the World Health Organisation.

Art. 12 Official communications

The World Health Organization enjoys, in its official communications, at least as favourable treatment as that provided to diplomatic missions in Switzerland:

A.
For all communications priorities and means of transport,
B.
For postal, telegraph, radio, telephone, radio, television, etc.
Art. 13 Exemption from censorship

No censorship can be exercised with regard to official communications, duly authenticated by the World Health Organization, regardless of the route of communication used.

Art. 14 Freedom of access and residence

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 called, in official capacity, to the World Health Organization, namely:

A.
Representatives of the Member States, irrespective of the relationship between Switzerland and those States;
B.
Members of the Executive Board of the World Health Organization, regardless of their nationality;
C.
Officers and officials of the World Health Organization;
D.
People, whatever their nationality, called by the World Health Organization.

2. Any measures concerning the police of foreigners and aiming to restrict the entry into Switzerland of foreigners or to control the conditions of their stay shall be without application in respect of the persons referred to in this Article.

Art. 15 Immunity of the representatives of the Members and the Executive Board of the O. M.S.

The representatives of the members of the World Health Organization and the members of its Executive Council, called in Switzerland by their functions, shall enjoy the following privileges and immunities:

A.
Inviolability of the person, place of residence and any objects of interest belonging to the person;
B.
Immunity from jurisdiction;
C.
Tax immunity corresponding to that accorded to diplomatic agents in accordance with the international use allowed in Switzerland;
D.
Customs facilities corresponding to those granted to diplomatic agents in accordance with the international use allowed 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 from restrictions on freedom of exchange under conditions identical to those granted to diplomatic agents of foreign governments on temporary duty.
Art. 16 Diplomatic immunity of the Director-General and certain officials

The Director General of the World Health Organization and officials of the categories designated by him and approved by the Swiss Federal Council shall enjoy the privileges, immunities, exemptions and facilities accorded to diplomatic agents In accordance with international law and people.

Art. 17 Immunities and facilities granted to all public servants

All staff members of the World Health Organization, irrespective of their nationality, shall be granted the following immunities and facilities:

A.
Exemption from any jurisdiction for acts performed in the performance of their duties;
B.
Exemption from all federal, cantonal and communal taxes on salaries, emoluments and allowances paid to them by the World Health Organization.
Art. 18 Exemptions and facilities granted to non-Swiss officials

Officials of the World Health Organization who do not have Swiss nationality shall enjoy the exemptions and facilities listed in the Implementing Agreement of this Agreement 1 .


Art. 19 Pension Fund, etc.

1. Any pension fund or provident institution formally exercising its activity in favour of officials of the World Health Organization shall have the legal capacity in Switzerland if it expresses its desire and will be, to the extent of Its activity in favour of the so-called civil servants, for the benefit of the same exemptions, immunities and privileges as the Organization itself.

(2) Funds and foundations, whether or not they have their own legal personality, administered under the auspices of the World Health Organization and assigned to its official purposes, shall be subject to the same exemptions, immunities and privileges as The Organization itself, in respect of their movable property.

Art. Previous arrangements

To the extent that they are not amended by this Agreement, the modus vivendi of 1921 and 1926 and the complementary arrangements between the Federal Policy Department and the League of Nations shall apply mutatis mutandis to The World Health Organization.

Art. Objects of Immunities/Waiving Immunities

1. The immunities provided for in this Agreement shall not be established in order to grant benefits and personal amenities to officials of the World Health Organization. They shall be instituted solely in order to ensure, in all circumstances, the free operation of the World Health Organization and the complete independence of its agents.

2. The Director General of the World Health Organization 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 The interests of the World Health Organization.

Art. Prevention of abuse

The World Health Organization will cooperate with the Swiss authorities at all times with a view to facilitating good administration of justice, ensuring compliance with police regulations and preventing abuse of privileges, immunities and Facilities provided for in this Agreement.

Art. Private Disputes

The World Health Organization shall make appropriate arrangements for the satisfactory resolution of:

A.
Disputes arising from contracts to which the World Health Organization would be a party and other disputes involving a private law point,
B.
Disputes involving an official of the World Health Organization who, as a result of his official status, enjoys immunity, if that immunity has not been waived by the Director General.
Art. 24 Non-responsibility of Switzerland

Switzerland shall not, by reason of the activity of the World Health Organization in its territory, incur any international responsibility for the acts and omissions of the Organization or for those of its agents acting or abstaining in the Framework of their duties.

Art. 25 Security of Switzerland

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

2. In the event that it deems it necessary to apply the first paragraph of this Article, the Swiss Federal Council will, as soon as circumstances permit, allow it, in connection with the World Health Organization, to stop, By mutual agreement, the measures necessary to protect the interests of the Organization.

The World Health Organization will cooperate with the Swiss authorities in order to avoid prejudice to the security of Switzerland as a result of its activity.

Art. 26 Execution of the Agreement by Switzerland

The Federal Policy Department is responsible for the execution by the Swiss Confederation of this Agreement and its implementing arrangement 1 .


Art. 27 Jurisdiction

1. Any difference of opinion concerning the application or interpretation of this Agreement or of its Implementing Arrangement 1 Which could not have been settled by direct talks between the parties may be subject, by either party, to the assessment of a three-member tribunal which will be constituted upon the entry into force of this Agreement.

2. The Swiss Federal Council and the World Health Organization will each appoint a member of the court.

3. The judges so appointed shall choose their chairperson.

4. In the event of disagreement between the judges 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 Court.

(5) The court shall be seized by either party by way of a request.

6. The court will set its own procedure.


Art. 28 Entry into force

This Agreement shall enter into force as soon as it has been approved by the Swiss Federal Council and the competent authority of the World Health Organization.

Art. Amendment of the Agreement

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

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

3. In the event that the negotiations fail to reach an agreement within one year, the agreement may be terminated by either party with two years' notice.

Art. Execution Agreement

The provisions of this Agreement shall be supplemented by the implementing arrangement 1 .




RO 1956 1198; FF 1955 II 389


1 Art. 2 let. E of the FY 29 seven. 1955 (RO 1956 1141)


Status November 5, 1999