Agreement between the Swiss Federal Council and the Global Fund to Fight AIDS, Tuberculosis and Malaria in view of determining the legal status of the Global Fund in Switzerland

The Agreement, concluded on 13 December 2004, regulates the legal status, privileges and immunities of the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund) and its officials, members and personnel in Switzerland.

The Swiss Federal Council recognizes for the purposes of this Agreement the international juridical personality and legal capacity in Switzerland of the Global Fund (Article 1).

In the conduct of its business, the Global Fund shall enjoy immunity from every form of legal process and enforcement, except: a) In so far as this immunity is formally waived in specific cases by the Executive Director of the
Global Fund or his duly authorized representative; b) In the case of civil liability proceedings initiated against the Global Fund for damages caused in Switzerland by any vehicle belonging to it or operating on its behalf; c) In the case of seizure by court order of salaries, wages and other emoluments owed by the Global Fund to one of its officials; d) In the case of a counter claim directly related to principal proceedings initiated by the Global Fund; and e) In the case of application of an arbitration award pursuant to Article 29 of this Agreement (Article 5 par 1).

The Members of the Board and all officials, acting in their official capacity on behalf of the Global Fund, shall enjoy Immunity from jurisdiction, even after conclusion of their mission, for acts performed in the discharge of their duties, including words spoken or written, subject to Article 20 of this Agreement (Articles 13 par 1 and 15 ). The Executive Director of the Global Fund, or his/her replacement if the former is unable to discharge his/her duties, and senior officials are granted the privileges, immunities and facilities granted to diplomatic agents in accordance with public international law and custom (Article 14).

The Executive Director has the right and duty to waive the immunity of any official or expert in any case in which he considers that such immunity would impede the course of justice and may be waived without prejudice to the interests of the Global Fund. The Chairperson of the Board is authorized to waive the immunity of the Executive Director (Article 21).

The Global Fund shall cooperate at all times with the Swiss authorities to facilitate the proper administration of justice, secure the observance of police regulations and prevent any abuse in connection with the privileges and immunities, facilities and exemptions provided for in this Agreement. Without prejudice to their privileges and immunities, all persons enjoying these privileges and immunities are duty-bound to respect Swiss law and regulations (Article 24).

The Global Fund shall make provisions for appropriate methods of settlement of: a) Disputes arising out of contracts and disputes of a private law character to which the Global Fund is party; b) Disputes involving persons mentioned in Articles 13, 14, 15 et 19 who by reason of their official position enjoy immunity, if such immunity has not been waived pursuant to the provisions of Articles 13, paragraph 2 and Article 21 of this Agreement (Article 25).