Host State Act (HSA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 26 Granting of privileges, immunities and facilities and of financial subsidies and other support measures
1 The Federal Council shall: a. grant the privileges, immunities and facilities; b. grant the financial subsidies and adopt the other support measures within the limit of the relevant budget appropriations. 2 The Federal Council may enter into international treaties concerning: a. the granting of privileges, immunities and facilities; b. the tax treatment of beneficiaries within the meaning of Article 2; c. the status of Swiss employees of institutional beneficiaries within the meaning of Article 2 paragraph 1, for the purposes of Swiss social insurance; d. the granting of financial subsidies and other support measures, subject to the budgetary prerogative of the Federal Assembly; e. cooperation with neighbouring States in the area of host state policy. 3 The Federal Council may delegate to the Department the power: a. to grant privileges, immunities and facilities of limited duration; b. to grant financial subsidies of limited duration, to fund international conferences in Switzerland
Art. 27 Terms of employment of individual beneficiaries
1 The Federal Council may issue standard contracts of employment or otherwise regulate the conditions of employment in Switzerland of the individual beneficiaries referred to in Article 2 paragraph 2, insofar as permissible under international law. It may, in particular, set minimum wages. 2 The Federal Council shall, in particular, lay down the basic pay and working conditions of the private household employees referred to in Article 2 paragraph 2, as well as the social security arrangements for such employees in the event of illness, accident, invalidity or unemployment, insofar as permissible under international law.
Art. 28 Settlement of private-law disputes in cases of immunity from legal and enforcement proceedings
When entering into a headquarters agreement with an institutional beneficiary within the meaning of Article 2 paragraph 1, the Federal Council shall ensure that the beneficiary adopt appropriate measures with a view to the satisfactory settlement of: a. disputes arising out of contracts to which the institutional beneficiary may be a party and of other private-law disputes; b. disputes involving staff of the institutional beneficiary who enjoy immunity by reason of their official capacity, unless that immunity is waived.
Art. 29 Participation of the cantons
1 Before entering into any agreement to grant privileges, immunities and facilities for a duration of not less than one year or unlimited in time, the Federal Council shall consult with the canton in which the beneficiary is based and with the neighbouring cantons. 2 If the privileges, immunities and facilities entail any exception to the tax law of the canton in which the beneficiary is based, the Federal Council’s decision shall be taken in consultation with the canton in question. 3 The cantons shall participate, within the meaning of the Federal Act of 22 December 1999 on the Participation of the Cantons in the Foreign Policy of the Confederation, in the negotiation of international treaties in the area of host state policy.
Para. 3 — SR 138.1
Art. 30 Information
The Department may provide information to anybody demonstrating a particular interest in: a. the nature and extent of the privileges, immunities and facilities accorded, and the beneficiaries thereof; b. the financial subsidies and other support measures accorded and the beneficiaries thereof.
Art. 31 Compliance with the terms of the privileges, immunities and facilities
1 The Federal Council shall monitor compliance with the terms of the privileges, immunities and facilities granted and shall take the measures necessary if it finds instances of abuse. It may, where appropriate, rescind the relevant agreements or revoke the privileges, immunities and facilities granted. 2 The Federal Council may delegate to the Department the power to revoke the privileges, immunities and facilities granted to an individual beneficiary.
Art. 32 Suspension, withdrawal and recovery of financial subsidies and other support measures
The Federal Council or, if within its remit, the Department, may suspend or withdraw financial subsidies and other support measures or demand the full or partial reimbursement of subsidies already provided, if the beneficiary, despite having been issued a notice to comply, fails to fulfil its tasks as foreseen or only partly fulfils its tasks.
