Chapter I. Legislative texts concerning the legal status of the United Nations and related intergovernmental organizations

LEgisLATivE TExTs CONCERNiNg ThE LEgAL sTATUs OF ThE UNiTED NATiONs AND RELATED iNTERgOvERNmENTAL ORgANizATiONs

  1. switzerland

    1. Federal Act on the Privileges, immunities and Facilities and the Financial subsidies granted by switzerland as a host state

      (host state Act (hsA)) of 22 June 2007* 1

      The Federal Assembly of the Swiss Confederation,

      on the basis of Article 54, paragraph 1, of the Federal Constitution,1 2 and having conand having considered the Dispatch to Parliament of the Federal Council dated 13 September 2006,2 3

      decrees:

      Chapter 1 Subject matter

      Article 1

      1 This Act regulates, in the sphere of host state policy:

      (a) the granting of privileges, immunities and facilities;

      (b) the granting of financial subsidies and the provision of other support measures 2 Privileges, immunities, facilities, and fi nancial subsidies arising under interna-Privileges, immunities, facilities, and financial subsidies arising under international law or other federal statutes are unaffected

      Chapter 2 Privileges, immunities and facilities

      Section 1 Beneficiaries

      Article 2

      1 The Confederation may grant privileges, facilities and exemptions to the follow-facilities and exemptions to the follow- and exemptions to the follow-

      ing institutional beneficiaries:

      (a) intergovernmental organisations;

      * 1 RO 2007 6637 Entered into force on 1 January 2008 (BRB of 7 December 2007—RO 2007 6649) The English text reproduced here is an unofficial translation which is available on the website of the Swiss Confederation (www admin ch)

      1 2 SR 101

      2 3 BBl 2006 8017

      (b) international institutions;

      (c) quasi-governmental international organisations;

      (d) diplomatic missions;

      (e) consular posts;

      (f) permanent missions or other representations to intergovernmental organisations;

      (g) special missions;

      (h) international conferences;

      (i) secretariats and other bodies established under an international treaty;

      (j) independent commissions;

      (k) international courts;

      (1) arbitration tribunals;

      (m) other international bodies

      2 Th e Confederation may grant privileges, immunities and facilities to the follow-The Confederation may grant privileges, immunities and facilities to the following natural persons (“individual beneficiaries”):

      (a) individuals who, whether on a permanent or a temporary basis, are called to act in an official capacity at one of the institutional beneficiaries referred to in paragraph 1 above;

      (b) eminent persons carrying out an international mandate;

      (c) individuals entitled to accompany one of the individual beneficiaries referred to in letters a or b, including private household employees

      Section 2 Content, scope of application and duration

      Article 3. Content

      1 The privileges and immunities include:

      (a) inviolability of the person, premises, property, archives, documents, corresponinviolability of the person, premises, property, archives, documents, correspondence and diplomatic bag;

      (b) immunity from legal proceedings and the enforcement of judgments;

      (c) exemption from direct taxes;

      (d) exemption from indirect taxes;

      (e) exemption from customs duties and other import taxes;

      (f) freedom to acquire, receive, hold, transfer and convert funds, currencies, cash and other movable property;

      (g) freedom of communication, movement and travel;

      (h) exemption from the Swiss social security system;

      (i) exemption from Swiss entry and residence requirements;

      (j) exemption from all personal services, from all public service and from all mili-exemption from all personal services, from all public service and from all military duties or obligations of any kind

      2 The facilities include:

      chapter I 5

      (a) the procedures for access to the employment market for the individual beneficiaries referred to in Article 2, paragraph 2, letters (a) and (c) above;

      (b) the right to use a flag and an emblem;

      (c) the right to issue laissez passer and to have them accepted as travel documents by the Swiss authorities;

      (d) facilities of registration of vehicles

      3 The Federal Council may accord additional facilities of a more minor nature than those set out in paragraph 2 above

      Article 4. Scope of application

      1 The personal and material scope of application of the privileges, immunities and facilities shall be determined case by case in the light of:

      (a) international law, Switzerland’s international obligations, and international practice;

      (b) the benefi ciary’s legal status and the importance of its role in international relathe beneficiary’s legal status and the importance of its role in international relations

      2 Exemption from direct taxes may be granted to all the beneficiaries referred to in Article 2 above However, in the case of individual beneficiaries within the meaning of Article 2, paragraph 2, who are Swiss nationals, the exemption shall be granted only if the institutional beneficiary to which they are called has adopted an internal tax system of its own, provided that this condition is in accordance with international law

      3 Exemption from indirect taxes may be granted to all beneficiaries referred to in Article 2 above However, individual beneficiaries within the meaning of Article 2, paragraph 2, shall be exempted from value added tax and mineral oil tax only if they hold diplomatic status

      4 Exemption from customs duties and other import taxes may be granted to all the beneficiaries referred to in Article 2

      5 The Federal Council shall issue regulations on entry into Switzerland, residence and work for the individual beneficiaries referred to in Article 2, paragraph 2, subject to what is permissible under international law

      Article 5. Duration

      The duration of privileges, immunities and facilities may be limited

      Section 3 Requirements for granting privileges, immunities and facilities

      Article 6. General requirements

      An institutional beneficiary may be accorded privileges, immunities and facilities if:

      (a) it has its headquarters or a branch in Switzerland or carries out activities in Swita branch in Switzerland or carries out activities in Switzerland;

      (b) its purposes are not for profit and are of international utility;

      (c) its carries out activities in the sphere of international relations; and

      (d) its presence in Switzerland is of special interest to Switzerland

      Article 7. International institutions

      An international institution may be accorded privileges, immunities and facilities if it:

      (a) has structures similar to those of an intergovernmental organisation;

      (b) performs functions of a governmental nature or functions typically assigned to an intergovernmental organisation; and

      (c) enjoys international recognition in the international legal order, and in particu-enjoys international recognition in the international legal order, and in particular under an international treaty, a resolution of an intergovernmental organization or a policy document adopted by a group of States

      Article 8. Quasi-governmental international organizations

      A quasi-governmental international organisation may be accorded privileges, immunities and facilities if:

      (a) a majority of its members are states, organisations governed by public law, or entities performing functions of a governmental nature;

      (b) it has structures similar to those of an intergovernmental organisation; and

      (c) it operates in two or more States

      Article 9. International conferences

      An international conference may be accorded privileges, immunities and facilities if:

      (a) it is convened under the aegis of an intergovernmental organisation, an inter-it is convened under the aegis of an intergovernmental organisation, an international institution, a quasi-governmental international organisation, a secretariat or any other body established by an international treaty, under the aegis of Switzerland or at the initiative of a group of States; and

      (b) a majority of participants represent States, intergovernmental organisations, international institutions, quasi-governmental international organisations, secretariats or other bodies established by international treaty

      Article 10. Secretariats or other bodies established by international treaty

      A secretariat or other body may be accorded privileges, immunities and facilities if it is established under an international treaty which assigns to it certain tasks with a view to the implementation of that treaty

      Article 11. Independent commissions

      An independent commission may be accorded privileges, immunities and facilities if:

      (a) its legitimacy derives from a resolution of an intergovernmental organization or of an international institution, or if it was established by a group of States or by Switzerland;

      (b) it enjoys broad political and fi nancial support among the international commuit enjoys broad political and financial support among the international community;

      chapter I 7

      (c) its mandate is to examine an issue of importance to the international commuits mandate is to examine an issue of importance to the international commu-

      (d) its mandate is limited in time; and

      (e) the granting of privileges, immunities and facilities contributes substantially to the fulfilment of its mandate

      Article 12. International courts

      An international court may be accorded privileges, immunities and facilities if it is established under an international treaty or by a resolution of an intergovernmental organ-isation or of an international institution

      Article 13. Arbitration tribunals

      An arbitration tribunal may be accorded privileges, immunities and facilities if:

      (a) it is established under an arbitration clause in an international treaty or under an agreement between the subjects of international law who are parties to the arbitration; and

      (b) the parties to the arbitration referred to in letter a above can show a particular need for the arbitration tribunal to sit in Switzerland

      Article 14. Other international bodies

      Any other international body may by way of exception be accorded privileges, immunities and facilities if:

      (a) it works closely with one or more...

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