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RS 0.192.121.71 Agreement of 28 September 1971 between the Swiss Federal Council and the Inter-Parliamentary Union to settle the legal status of this organisation in Switzerland

Original Language Title: RS 0.192.121.71 Accord du 28 septembre 1971 entre le Conseil fédéral suisse et l’Union interparlementaire pour régler le statut juridique de cette organisation en Suisse

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0.192.121.71

Original text

Agreement between the Swiss Federal Council and the Inter-Parliamentary Union to settle the legal status of this organisation in Switzerland

Concluded on 28 September 1971
Entered into force on 1 Er January 1971

The Swiss Federal Council, on the one hand, the Inter-Parliamentary Union, on the other,

In order to settle the legal status of the Inter-Parliamentary Union in Switzerland, the following provisions have been agreed:

Art. 1 Personality

The Federal Council shall recognise the personality and legal capacity of the Inter-Parliamentary Union (hereafter referred to as the Union), which shall be entitled to it under its Statute.

Art. 2 Freedom of action

The Federal Council guarantees the Union the independence and freedom of action it belongs to in its capacity as an international institution.

2. He acknowledges in particular, as well as his members in their dealings with him, the freedom of assembly, discussion and decision.

Art. 3 Inviolability

The premises and archives of the Union shall be inviolable.

2. The import and export of EU publications will not be subject to any restrictions.

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

Art. 4 Tax system

The Union is exempt from direct federal, cantonal and communal taxes. However, for real property, this exemption will apply only to those owned by the Union and occupied by its Bureau, as well as to the income derived from it.

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, the exemption is only permitted for acquisitions intended for the official use of the Union, provided that the amount invoiced for A single acquisition exceeds 100 Swiss francs.

3. The Union shall be exempt from all federal, cantonal and communal taxes with the exception of those collected in respect of special services rendered.

4. Where applicable, the exemptions mentioned above shall be made by way of reimbursement, at the request of the Union.

Art. 5 Customs regime

The customs processing of objects intended for the Union shall be governed by the Customs Regulation of the Federal Council applicable to international organisations.

Art. 6 Freedom of access and residence

(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, who are called in official capacity with the Office of the The Union:

(a)
Members of the Union;
(b)
The Secretary-General and the staff of the Bureau of the Union;
(c)
Persons, irrespective of their nationality, who are called in official capacity with the Bureau of the Union.

2. All measures concerning the Federal 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. 7 Immunity from jurisdiction

All officials of the Bureau of the Union, irrespective of their nationality, are exempt, even after the persons concerned have ceased to serve the Bureau, from any jurisdiction for acts performed in the performance of their duties, including Their words and writings.

Art. 8 Exemptions and facilities granted to members of the Union and to non-Swiss officials

Members of the Union and officials of the Bureau of the Union who do not have Swiss nationality:

(a)
Are exempt from all federal, cantonal and communal taxes on salaries, emoluments and allowances paid to them by the Union. Also exempt, at the time of payment, are the capital benefits payable under any circumstances by a pension fund or an institution of foresight; on the other hand, the income from the capital paid, as well as the annuities and Pensions paid to former officials of the Bureau of the Union do not benefit from the tax exemption;
B
In cases where the incidence of any tax is subject to the residence of the taxable person in Switzerland, the periods during which the members of the Union are in Switzerland for the performance of their duties shall not be regarded as Periods of residence,
(c)
Shall enjoy, in respect of customs, facilities provided for in the Customs Regulation of the Federal Council applicable to international organisations;
(d)
Are exempt from any obligation relating to the national service in Switzerland;
(e)
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.
Art. Legitimising cards

1. The Federal Political Department shall provide to the Office of the Union, for each official, a legitimising card bearing the photograph of the holder. This card, which is authenticated by the Political Department and the Bureau of the Union, serves as the legitimation of the holder in respect of any federal, cantonal and communal authority. An identical card will also be given to the members of the family of the officials who are dependent on them, who are in common with them and do not engage in a gainful occupation.

2. The Bureau of the Union shall communicate regularly to the Federal Political Department the list of officials of the Bureau and the 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.

Art. 10 Subject of immunities

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

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.

Art. 11 Prevention of abuse

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.

Art. 12 Non-responsibility of Switzerland

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.

Art. 13 Security of Switzerland

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

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

Art. 14 Execution of the Agreement by Switzerland

The Federal Political Department is the Swiss authority responsible for the implementation of this Agreement.

Art. 15 Entry into force

The entry into force of this Agreement shall be fixed with retroactive effect to the Er January 1971.

Art. 16 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 to the provisions of this Agreement.

Art. 17 Denunciation of the Agreement

This Agreement may be terminated at any time by either party, subject to six months' notice.

Done and signed in Berne on September 28, 1971, in duplicate.


For the

Swiss Federal Council:

For

Inter-Parliamentary Union:

René Keller

Pio-Carlo Terenzio


RO 1971 1602


State 11. July 2006