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The Swiss Federal Council, of one pan, the International Labour Organisation, on the other hand,
Desiring to conclude an agreement to settle in Switzerland the legal status of the International Labour Organisation, after the dissolution of the League of Nations, have agreed to the following provisions:
The Swiss Federal Council guarantees the International Labour Organisation the independence and freedom of action it belongs to as an international institution.
The Swiss Federal Council recognises the international personality and legal capacity in Switzerland of the International Labour Organisation.
The International Labour Organisation is for the benefit of all known immunities, in people's law, under the name of diplomatic immunities.
The Swiss Federal Council recognises, inter alia, the exterritoriality of the land and premises of the International Labour Organisation and of all premises occupied by it at the International Labour Conference or any other meeting Convened in Switzerland by the International Labour Organisation.
The Swiss Federal Council recognises to the International Labour Organisation and its Members, in their relations with it, an absolute freedom of assembly with freedom of discussion and decision.
1. The International Labour Organisation benefits, for itself, its properties and property, whatever the place where they are or the person holding them, from immunity in respect of any form of judicial action, except to the extent that This immunity has been formally waived by the Director of the International Labour Office or his duly authorized representative.
2. The properties and property of the International Labour Organisation, 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.
The land and premises of the International Labour Organisation are inviolable. No official of the Swiss public authority shall enter without the express consent of the International Labour Organisation.
The archives of the International Labour Organisation and, in general, all documents belonging to it or are in its possession shall be inviolable.
The export and import of publications of the International Labour Organisation will not be subject to any restrictive measures.
The International Labour Organisation is exempt from direct and indirect, federal, cantonal and communal taxes, on the buildings owned by it and which are 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.
1. The International Labour Organisation may receive and hold any funds of any kind, any currency, numerary and other securities, and shall dispose freely of it both within Switzerland and in its relations with other countries.
2. This Article shall apply to Member States in their relations with the International Labour Organisation.
The International Labour Organisation enjoys, in its official communications, at least as favourable treatment as that provided to diplomatic missions in Switzerland:
No censorship shall be exercised in respect of duly authenticated official communications of the International Labour Organisation, whatever the route of communication used.
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, with the International Labour Organisation, Either:
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.
The representatives of the Members of the International Labour Organisation and the members of the Board of Directors, who are called in Switzerland by their functions, shall enjoy the following privileges and immunities:
The Director of the International Labour Office and the 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 the The right of people and international practices.
All staff members of the International Labour Office, irrespective of their nationality, shall be granted the following immunities and facilities:
Officials of the International Labour Office who do not have Swiss nationality shall be entitled to the exemptions and facilities listed in the Implementing Agreement of this Agreement 1
1 RS 0.192.120.282.1
Any pension fund or provident institution carrying on business under the authority of the International Labour Organisation will have the legal capacity in Switzerland if it expresses its desire and will be entitled to the same exemptions, immunities And privileges that the Organization itself.
To the extent that they are not affected by this Agreement, the modus vivendi of 1921 and 1926 and the complementary arrangements between the Federal Policy Department, the League of Nations and the International Labour Office remain Applicable to the International Labour Organisation.
1. The immunities provided for in this Agreement shall not be established in order to grant employees of the International Labour Organisation benefits and personal amenities. They shall be established solely in order to ensure, in all circumstances, the free functioning of the International Labour Organisation and the complete independence of its agents.
2. The Director of the International Labour Office has the right and the duty to waive the immunity of an official when he considers that such immunity prevents the normal course of justice and that it is possible to waive the immunity without prejudice to the interests Of the International Labour Organisation.
The International Labour Organisation will cooperate with the Swiss authorities at all times with a view to facilitating the effective nistration of justice, ensuring compliance with police regulations and preventing any abuse of privileges, immunities and Facilities provided for in this Agreement.
The International Labour Organisation shall make appropriate arrangements for the satisfactory resolution of:
Switzerland shall not, by reason of the activity of the International Labour Organization, incur any international responsibility for the acts and omissions of the Organization or for those of its agents acting or abstaining As part of their duties.
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 considers it necessary to apply the first paragraph of this Article, the Swiss Federal Council will, as soon as circumstances permit, be able to do so in connection with the International Labour Organisation in view To adopt, by mutual agreement, the measures necessary to protect the interests of the Organization.
3. The International Labour Organisation will cooperate with the Swiss authorities in order to avoid prejudice to the security of Switzerland as a result of its activity.
The Federal Policy Department is responsible for the execution by the Swiss Confederation of this Agreement and its implementing arrangement 1 .
1 RS 0.192.120.282.1
1. Any difference of view 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 International Labour Organisation 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 on the person of the President, the President shall be appointed by the President of the Supreme Court of the Netherlands at the request of the members of the Tribunal.
(5) The court shall be seized by either party by way of a request.
6. The court will set its own procedure.
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This Agreement shall enter into force as soon as it has been approved by the Swiss Federal Council and the Board of Directors of the International Labour Office.
2. It shall be effective upon the dissolution of the League of Nations 1 .
1 The League of Nations was dissolved by resolution of its Assembly of 18 April 1946 (FF 1946 II 1193).
Until the date of the dissolution of the League of Nations 1 The modus vivendi of 1921 and 1926, as well as the complementary arrangements between the Federal Policy Department, the League of Nations and the International Labour Office will remain applicable to the International Organization of the Work.
1 The League of Nations was dissolved by resolution of its Assembly of 18 April 1946 (FF 1946 II 1193).
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.
The provisions of this Agreement shall be supplemented by the implementing arrangement 1 .
1 RS 0.192.120.282.1 .
1 Art. 2 let. B of the FY 29th. 1955 (RO 1956 1141)