0.823.291.361

Arrangement

By exchange of notes of 23 February/5 March 1999 between the Government of the Swiss Confederation and the Government of the Federal Republic of Germany on a liberalised regulation applicable to staff of exhibition and assembly stands

Entered into force on 5 March 1999

(Status on 5 March 1999)

Translation ¹

Head of the Federal Department of Foreign Affairs	Bern, 5 March 1999
	His Excellency
	Mr. Klaus Bald
	Ambassador of the Federal Republic of Germany
	Willadingweg 83
	3000 Bern 16

Ambassador,

I have the honour to acknowledge receipt of your note of 23 February 1999, the contents of which are as follows:

" I have the honour to propose, on behalf of the Government of the Federal Republic of Germany, referring to the interview which took place in Berlin on 11 September 1996 with a view to intensifying economic relations, the conclusion of the Agreement Following between the Government of the Federal Republic of Germany and the Government of the Swiss Confederation on a liberalized regulation applicable to staff of exhibition and assembly stands:

1.

Exhibition Stands: skilled workers of undertakings, who are nationals of a Contracting State and temporarily sent by their employer, whose registered office is in the territory of that State for the purpose of mounting, disassembling or holding stands Exhibitions in the territory of the other State are exempt from the requirement to require residence and work permits for a period of up to 90 days per calendar year.

2.

Workers: workers, who are nationals of a Contracting State and sent temporarily by their employer whose registered office is in the territory of that State for

(a)

Carry out work for the assembly, maintenance or repair of installations, machines or operational apparatus delivered by the undertaking or for the implementation thereof, or

(b)

Support ordered operational machines or other objects or receive instructions on their use

In the territory of the other State, are exempt from the requirement to require the authorisation of residence and work for a period of not more than 90 days per calendar year.

3.

Extension of stay:

3.1.

If the activity exceptionally exceeds the maximum duration set out in numbers 1 and 2, the duration of the waiver of the work permit in the Federal Republic of Germany shall be extended to the end of the work when the competent German authority according to n ^O 9 allows. In this case, however, workers must be in possession of a residence permit, which must be requested without delay to the competent local authority.

3.2.

If the activity exceptionally exceeds the maximum duration set out in numbers 1 and 2, workers shall require, without delay, in Switzerland, a residence and work permit, which is issued by the local market authority Work (cantonal labour offices).

4.

Longer term assignments: if an assignment exceeds 90 days per calendar year, the worker must, in order to reside in the territory of the other State, be the holder of a residence and work permit which must be requested on time Prescribed by the competent authority of that State.

5.

Nationals of third countries: this Agreement shall also apply to workers who are not nationals of a Contracting State, provided that they have been part of the permanent staff of the undertaking for at least 12 months. The visa requirements of the Contracting States are reserved.

6.

Entry: waiver of the residence permit in accordance with numbers 1 and 2 implies that the worker is the holder of a national passport or an official travel document or other official travel document giving him the right to enter without a visa in the National territory of the other State.

7.

Obligation to announce: The employer is obliged to announce by means of the ad hoc formula, if possible 10 days at least before the start of their activity, workers who are called to visit the territory of the other State, to the competent authority according to the N ^O 9 or the service designated by the said authority of the Federal Republic of Germany, as well as to the competent authority of the Swiss Confederation according to the ^O 3.2. A copy of the form is returned to the employer prior to the commencement of the activity. This document certifies the legality of the activity. In urgent cases of exceptional character, proof of the sending of the formula is sufficient.

8.

Conditions of pay and work: the competent authorities of the Contracting States may check whether the conditions of pay and work granted to workers are in conformity with local use. The Contracting States shall keep themselves informed without delay of any measures taken against a company.

9.

Jurisdiction: for the purposes of this Agreement, shall be competent

-

For the Federal Republic of Germany: the Federal Labour Office (Bundesanstalt für Arbeit),

-

For the Swiss Confederation: the Federal Office for Foreigners ² And the cantonal employment offices.

10.

Working Group: as appropriate, a working group representing the two Governments shall meet to jointly resolve the problems arising in the application of this Agreement.

11.

This Agreement shall be concluded for a period of three years. Except in writing by one of the Contracting Parties not later than three months before its expiry, it shall be extended tacitly from year to year. It continues to apply to work not yet completed at the time of its denunciation.

If the Swiss Government agrees with the proposals developed under paragraphs 1 to 11, the present note and that of the same content of the Government of the Swiss Confederation that Your Excellency may wish to address in reply will constitute a Arrangement between our two governments, which will enter into force on the date of your reply note."

I have the honour to inform you, on behalf of the Swiss Federal Council, that it agrees with the above.

Your note of 23 February 1999 and the present reply thus constitute an agreement between the Swiss Confederation and the Federal Republic of Germany, which will enter into force today.

I would ask you to accept my highest consideration, Mr Ambassador.

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RO 2000 2664