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RS 0.192.122.818.12 Agreement of 23 June 2009 between the Swiss Federal Council and GAVI Alliance (Global Alliance for Vaccines and Immunization) to determine the legal status of GAVI Alliance in Switzerland

Original Language Title: RS 0.192.122.818.12 Accord du 23 juin 2009 entre le Conseil fédéral suisse et GAVI Alliance (Global Alliance for Vaccines and Immunization) en vue de déterminer le statut juridique de GAVI Alliance en Suisse

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0.192.122.818.12

Original text

Agreement

Between the Swiss Federal Council and GAVI Alliance (Global Alliance for Vaccines and Immunization) to determine the legal status of GAVI Alliance in Switzerland

Concluded on 23 June 2009

Entered into force with effect from 1 Er January 2009

(State 1 Er January 2009)

The Swiss Federal Council,

On one hand,

And GAVI Alliance (Global Alliance for Vaccines and Immunization)

On the other hand,

Wishing to settle their relations in a headquarters agreement,

Agreed to the following:

I. Status, privileges and immunities of GAVI Alliance

Art. 1 Personality and Capacity

For the purposes of this Agreement, the Swiss Federal Council shall recognise the international legal personality and legal capacity in Switzerland of GAVI Alliance.

Art. 2 Independence and freedom of action

The Swiss Federal Council guarantees the independence and freedom of action of GAVI Alliance.

2. It recognizes an absolute freedom of assembly, including freedom of discussion, decision and publication, on Swiss territory.

Art. 3 Inviolability of premises

Buildings or parts of buildings and the adjoining land which, whatever the owner, are used for the purposes of GAVI Alliance, are inviolable. No official of the Swiss public authority shall enter without the express consent of the Executive Director of GAVI Alliance or the person designated by him.

Art. 4 Inviolability of archives

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

Art. 5 Immunity from jurisdiction and enforcement

1. In the course of its activities, GAVI Alliance enjoys immunity from jurisdiction and execution, except:

(a)
To the extent that such immunity has been formally waived, in a particular case, by the Executive Director of GAVI Alliance or the person designated by him;
(b)
In the case of civil liability action brought against GAVI Alliance for any damage caused in Switzerland by any vehicle belonging to or circulating on its own behalf;
(c)
In the case of seizure, ordered by judicial decision, on the salaries, wages and other emoluments owed by GAVI Alliance to one of its officials;
(d)
In the case of a counterclaim directly related to a procedure initiated by GAVI Alliance primarily; and
(e)
In the event of the execution of an arbitral award made pursuant to s. 29 of this Agreement.

2. The buildings or parts of buildings, the adjoining land and the property, properties of GAVI Alliance or used by it for its purposes, regardless of where they are located and regardless of who owns them, are exempt:

(a)
Any form of requisition, confiscation or expropriation;
(b)
Of any kind of receiver, administrative constraint or pre-judgment measures except in the cases provided for in s. 1.
Art. 6 Publications and Communications

GAVI Alliance publications and communications are not subject to any restrictions.

Art. 7 Tax system

1. GAVI Alliance, its assets, income and other assets, are exempt from direct federal, cantonal and communal taxes. However, for real property, this exemption applies only to those of whom GAVI Alliance owns and is occupied by its services, as well as to the revenues derived from it.

2. GAVI Alliance is exempt from federal, cantonal and communal indirect taxes. In particular, it is exempt from the value added tax (VAT) for all acquisitions intended for official use and for all services provided for official use, in accordance with Swiss law.

3. GAVI Alliance is exempt from all federal, cantonal and communal taxes, provided that it is not a collection of fees for specific services rendered.

4. Where applicable, the exemptions mentioned above shall be made by way of reimbursement, at the request of GAVI Alliance and following a procedure to be determined between GAVI Alliance and the competent authorities.

Art. 8 Customs regime

The customs processing of the objects intended for the official use of GAVI Alliance is governed by the order of 13 November 1985 concerning the customs privileges of international organisations, states in their relations with these organisations and Special missions of foreign states 1 .


Art. Free provision of funds

GAVI Alliance may receive, hold, convert and transfer all funds, all currencies, numerals, gold and other securities, freely available both within Switzerland and in its foreign relations.

Art. 10 Communications

1. GAVI Alliance receives, in its official communications, at least as favourable treatment as that provided to international organisations in Switzerland, to the extent compatible with the Convention of 22 December 1992 of the Union International telecommunications 1 .

2. GAVI Alliance has 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 GAVI Alliance will not be censored.

4. GAVI Alliance is exempt from the obligation to conduct conformity assessment procedures for terminal telecommunications terminal facilities (wire communications) that it establishes and operates exclusively within its Buildings or parts of buildings or adjoining lands. Telecommunications installations shall be put in place and operated in such a way that they do not endanger persons and property and do not disrupt telecommunications and broadcasting.

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


Art. 11 Pension Fund and Special Funds

1. Any pension fund or provident institution officially operating in favour of GAVI Alliance officials has the same legal capacity in Switzerland as GAVI Alliance. To the extent of its activity in favour of civil servants, it enjoys the same privileges and immunities as GAVI Alliance itself, as regards movable property.

2. Funds and foundations, with or without a legal personality, managed under the auspices of GAVI Alliance and assigned to its official purposes, shall enjoy the same exemptions, privileges and immunities as GAVI Alliance, in respect of their property Furniture. The funds and foundations created after the entry into force of this Agreement shall enjoy the same privileges and immunities subject to the agreement of the competent federal authorities.

Art. 12 Social Predictive

GAVI Alliance is not subject, as employer, to the Swiss legislation on old-age and survivors' insurance, disability insurance, unemployment insurance, benefits for loss of gain and occupational foresight Old age, survivors and compulsory disability, as well as health insurance.

II. Privileges and Immunities Grated to Persons Called as Official with GAVI Alliance

Art. 13 Privileges and Immunities granted to the Members of the Foundation Board of GAVI Alliance

Members of the Foundation Board of GAVI Alliance, acting in official capacity for GAVI Alliance, shall enjoy in Switzerland during the performance of their functions the following privileges and immunities:

(a)
Immunity from arrest or detention, except in cases of flagrante delicto and exemption from the inspection of personal luggage;
(b)
Immunity from jurisdiction, even after the termination of their duties, for acts performed in the performance of their duties, including words and writings, subject to s. 20 of this Agreement;
(c)
Inviolability of all documents, data carriers and official documents;
(d)
Privileges and customs facilities granted in accordance with the order of 13 November 1985 concerning the customs privileges of international organisations, states in their relations with these organisations and special missions Of foreign states 1 ;
(e)
Exemption, for themselves and for persons authorized by the Federal Department of Foreign Affairs to accompany them, of any measure restricting the entry, any formality of registration of aliens and any obligation relating to National services;
(f)
The same facilities for monetary or foreign exchange regulations as those accorded to representatives of foreign governments on temporary official missions.

2. Privileges and immunities are granted to the Members of the Foundation Board, not to their personal benefit, but in order to ensure the independence of their functions in relation to GAVI Alliance. In respect of the Members of the Foundation Board and, where appropriate, their alternates, the President of the Foundation Board shall be entitled to waive the immunity. With regard to the President of the Foundation Board, the Foundation Board is competent for the waiver of immunity.


Art. 14 Privileges and Immunities Grated to the Executive Director and Senior Officials of GAVI Alliance

1. Subject to s. 20 of this Agreement, the Executive Director of GAVI Alliance or, in the event of the incapacity of the GAVI Alliance, its replacement, and the GAVI Alliance Senior Officials shall enjoy the privileges, immunities and facilities that are recognized to officers Diplomatic in accordance with the law of people and international customs.

2. The persons mentioned above who do not have Swiss nationality shall be exempt from all federal, cantonal and communal taxes on the salaries, emoluments and allowances paid to them by GAVI Alliance; this exemption shall apply to Persons of Swiss nationality, provided that GAVI Alliance provides for internal taxation. The capital benefits, payable under any circumstances, by a pension fund or an institution of foresight, within the meaning of s. 11 of this Agreement shall be exempt in Switzerland at the time of payment; the same shall apply to all capital benefits which may be paid to such persons as compensation for sickness, accident, etc.; in However, the income from the capital paid, as well as annuities and pensions paid to those persons who have ceased to perform their duties with GAVI Alliance, do not benefit from the exemption.

Moreover, it remains understood that Switzerland retains the option of taking into account the salaries, wages and other exempt income elements in determining the tax rate applicable to other, normally taxable items, of the income of those People.

3. The persons mentioned above who do not have Swiss nationality are exempt from the value added tax (VAT) in accordance with Swiss legislation for acquisitions for their strictly personal use and for all Services provided for their strictly personal use.

4. Customs privileges are granted in accordance with the order of 13 November 1985 concerning the customs privileges of international organisations, states in their relations with these organisations and special missions of States Foreigners 1 .


Art. 15 Privileges and Immunities granted to all GAVI Alliance officials

GAVI Alliance officials, irrespective of their nationality, enjoy the following privileges and immunities:

(a)
Immunity from jurisdiction for acts performed in the performance of their duties, including words and writings, even after persons have ceased their duties, subject to s. 20 of this Agreement;
(b)
Inviolability of all documents, data carriers and official documents;
(c)
Exemption from all federal, cantonal and communal taxes on salaries, emoluments and allowances paid to them by GAVI Alliance; this exemption extends to civil servants of Swiss nationality, provided that GAVI Alliance provides for a Internal taxation. Also exempt in Switzerland, at the time of payment, are the capital benefits payable under any circumstances by a pension fund or an institution of foresight within the meaning of s. 11 of this Agreement; the same shall apply to all capital benefits that may be paid to employees of GAVI Alliance as compensation for sickness, accident, etc.; on the other hand, income from capital Payments, as well as annuities and pensions paid to former GAVI Alliance officials, do not benefit from the exemption.
In addition, it remains understood that Switzerland retains the ability to take into account the salaries, wages and other exempt income elements in determining the tax rate applicable to other, normally taxable, items of income from the Public servants.
Art. 16 Privileges and Immunities granted to non-Swiss officials of GAVI Alliance

In addition to the privileges and immunities listed in s. 15, GAVI Alliance officials who do not have Swiss nationality:

(a)
Are exempt from any obligation relating to national services in Switzerland;
(b)
Are not subject, either to the persons authorized by the Federal Department of Foreign Affairs to accompany them, to the provisions restricting immigration and to the formalities for the registration of aliens;
(c)
Enjoy, as regards the exchange facilities, the same privileges as those accorded to officials of other international organizations;
(d)
Enjoy, as well as members of their families living in their care, the same repatriation facilities as officials of other international organizations;
(e)
Privileges and facilities provided for in the order of 13 November 1985 concerning the customs privileges of international organisations, states in their relations with these organisations and special missions Of foreign states 1 .

Art. 17 Social Predictive

1. GAVI Alliance officials who do not have Swiss nationality are not subject to the Swiss legislation on old-age and survivors' insurance, disability insurance, unemployment insurance, the benefit-loss benefit scheme and the Old-age pension, survivors and compulsory invalidity.

The situation of officials of Swiss nationality is settled by exchange of letters 1 .

2. Officials of GAVI Alliance, whether they are foreign nationals or Swiss nationals, are not required to insure Swiss health insurance. However, they may apply for Swiss health insurance.

3. GAVI Alliance officials are not subject to Swiss compulsory accident insurance, provided that GAVI Alliance grants them equivalent protection against the consequences of professional and non-professional accidents and diseases Professional.


Art. 18 Military Service of Swiss Officials

1. Officials of GAVI Alliance 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 holidays) may be granted to Swiss officials of GAVI Alliance performing executive functions within GAVI Alliance; the beneficiaries of such leave are provided from services, Mandatory inspection and shooting outside the service.

3. For officials of Swiss nationality of GAVI Alliance who do not fall into 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 GAVI Alliance to the Federal Department of Foreign Affairs for the Federal Department of Defence, Population and sports.

Art. 19 Privileges and Immunities Grated to Members of the Advisory Committees of the Council and to Experts on Mission for GAVI Alliance

Members of the Advisory Committees of the Council and experts on mission for GAVI Alliance, irrespective of their nationality, enjoy the following privileges and immunities:

(a)
Immunity from jurisdiction for acts performed in the performance of their duties, including words and writings, even after persons have ceased their duties, subject to s. 20 of this Agreement;
(b)
Inviolability of all documents, data carriers and official documents;
(c)
Exemption from any measure restricting entry, any formality of registration of aliens and any obligation relating to national services;
(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.
Art. Exceptions to immunity from jurisdiction

Persons subject to s. 13, 14, 15 and 19 of this Agreement shall not enjoy immunity from jurisdiction in cases of civil liability brought against them for any damage caused in Switzerland by any vehicle belonging to or driven by them or in the case of Contraventions of federal road traffic requirements that may be reprimanded by an order fine.

Art. Subject of immunities

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 are established solely in order to ensure, in all circumstances, the free operation of GAVI Alliance and the complete independence of its officials within the framework of their activities within GAVI Alliance.

(2) The Executive Director shall have the right and the duty to waive the immunity of an official, a member of an advisory committee or an expert in all cases where he considers that such immunity hinders the action of justice and that it is possible to waive such immunity Without prejudice to the interests of GAVI Alliance. In the case of the Executive Director, the President of the Foundation Board shall be entitled to waive the immunity.

Art. Access, stay and exit

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, known as official in the GAVI Alliance, Either:

(a)
The members of the Foundation Board of GAVI Alliance and the persons authorized by the Federal Department of Foreign Affairs to accompany them;
(b)
The Executive Director, senior officials and officials of GAVI Alliance, as well as those authorized by the Federal Department of Foreign Affairs to accompany them;
(c)
Members of the Advisory Committees;
(d)
Experts on mission for GAVI Alliance;
(e)
Any other person, regardless of nationality, who is called in official capacity with GAVI Alliance.
Art. Legitimising cards

The Federal Department of Foreign Affairs shall transmit to GAVI Alliance, for each staff member, as well as members of his or her family admitted for the purpose of family reunification, living together with him or her No gainful occupation, a credit card with a photograph of the holder. This card is used for the legitimation of the holder in respect of any federal, cantonal and communal authority.

2. GAVI Alliance regularly provides the Federal Department of Foreign Affairs with a list of GAVI Alliance officials and members of their families, indicating the date of birth, nationality, residence and The category or function class to which they belong.

Art. 24 Prevention of abuse

GAVI Alliance and the Swiss authorities will cooperate at all times with a view to facilitating good administration of justice, ensuring compliance with police regulations and preventing abuse of privileges and immunities, facilities and exemptions, Provided for in this Agreement. Without prejudice to their privileges and immunities, all persons entitled to such privileges and immunities shall have the duty to respect Swiss laws and regulations.

Art. 25 Private Disputes

GAVI Alliance shall make appropriate arrangements for the satisfactory resolution of:

(a)
Disputes arising out of contracts to which GAVI Alliance would be a party and other disputes involving a private law point;
(b)
Of disputes involving the persons referred to in s. 13, 14, 15 and 19 which, by virtue of their official status, enjoy immunity, if that immunity has not been waived in accordance with the provisions of Art. 13, para. 2, and 21 of this Agreement.

III. Non-responsibility and security of Switzerland

Art. 26 Non-responsibility of Switzerland

As a result of the activity of GAVI Alliance in its territory, Switzerland does not incur any international responsibility for the acts and omissions of GAVI Alliance or for those of GAVI Alliance officials.

Art. 27 Security of Switzerland

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 apply s. 1 of this Article, the Swiss Federal Council shall, as rapidly as the circumstances permit, apply in connection with GAVI Alliance with a view to agreeing on the measures necessary to protect the interests of GAVI Alliance.

3. GAVI Alliance collaborates with the Swiss authorities in order to avoid prejudice to the security of Switzerland as a result of its activity.

IV. Final provisions

Art. 28 Execution of the Agreement by Switzerland

The Federal Department of Foreign Affairs shall be the Swiss authority responsible for the implementation of this Agreement.

Art. Dispute Settlement

1. Any dispute between the parties to this Agreement concerning the interpretation or application of this Agreement, which could not be settled by negotiations between the parties, may be submitted by either party, by means of a request, to A three-member arbitral tribunal.

2. The Swiss Federal Council and GAVI Alliance 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 and final.

Art. Revision 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. Denunciation of the Agreement

This Agreement may be terminated by either party on two-year written notice for the end of a calendar year.

Art. 32 Entry into force

This Agreement shall enter into force on the day of its signature and shall apply from 1 Er January 2009.

Done at Berne, on June 23, 2009, in duplicate, in French.


For the

Swiss Federal Council:

For

GAVI Alliance:

Paul Seger

Julian Lob-Levyt


RO 2009 4567


State 1 Er January 2009