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Original text
(State 1 Er January 2009)
For the purposes of this Agreement, the Swiss Federal Council shall recognise the international legal personality and legal capacity in Switzerland of GAVI Alliance.
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.
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.
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.
1. In the course of its activities, GAVI Alliance enjoys immunity from jurisdiction and execution, except:
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:
GAVI Alliance publications and communications are not subject to any restrictions.
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.
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 .
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.
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.
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.
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.
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:
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.
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 .
GAVI Alliance officials, irrespective of their nationality, enjoy the following privileges and immunities:
In addition to the privileges and immunities listed in s. 15, GAVI Alliance officials who do not have Swiss nationality:
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.
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.
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:
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.
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.
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:
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.
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.
GAVI Alliance shall make appropriate arrangements for the satisfactory resolution of:
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.
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.
The Federal Department of Foreign Affairs shall be the Swiss authority responsible for the implementation of this Agreement.
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.
(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.
This Agreement may be terminated by either party on two-year written notice for the end of a calendar year.
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.
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