Host State Ordinance (HSO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Institutional Beneficiaries
Art. 6 General provisions
1 The following institutional beneficiaries are accorded all, or, in agreement with the institutional beneficiary concerned, only certain of the privileges, immunities and facilities set out in Article 3 HSA in accordance with international law and international practice: a. intergovernmental organisations; b. international institutions; c. diplomatic missions; d. consular posts; e. permanent missions or other representations to intergovernmental organisations; f. special missions; g. international conferences; h. secretariats or other bodies established under an international treaty; i. independent commissions; j. international courts; k. arbitration tribunals. 2 Diplomatic missions and permanent missions or other representations to intergovernmental organisations are governed in particular by the Vienna Convention of 18 April 1961 on Diplomatic Relations. 3 Consular posts are governed in particular by the Vienna Convention of 24 April 1963 on Consular Relations. 4 Special missions ar
Para. 1 — Amended by No I of the O of 15 Aug. 2018, in force since 1 Jan. 2019 (AS 2018 3137). Para. 2 — SR 0.191.01 Para. 3 — SR 0.191.02 Para. 4 — SR 0.191.2
Art. 7 Quasi-governmental international organisations
Quasi-governmental international organisations are accorded some or all of the following privileges, immunities and facilities: a. inviolability of archives; b. exemption from direct taxes; c. exemption from indirect taxes; d. freedom to acquire, receive, hold, transfer and convert funds, currencies, cash and other movable assets.
Art. 8 Other international bodies
1 Other international bodies may be accorded all of the privileges, immunities and facilities set out in Article 3 HSA. 2 In determining the scope of the privileges, immunities and facilities to be accorded in each case, the Federal Council shall take into account in particular the structure of the body concerned and its connections to the intergovernmental organisations, international institutions, or States with which it works, as well as its role in international relations and its international prominence. 3 Subject to any special provisions contained in a headquarters agreement entered into with the Federal Council or in any other international treaty to which Switzerland is party, other international bodies may be hosted by an intergovernmental organisation or by an international institution only with the consent of the Federal Department of Foreign Affairs (FDFA).
Section 2 Individual Beneficiaries
Art. 9 Principles
1 The privileges, immunities and facilities accorded to individual beneficiaries are granted in the interest of the institutional beneficiaries concerned and not that of the individuals themselves. Their purpose is not to confer any benefit on individuals but to enable the institutional beneficiaries to carry out their work effectively. 2 In the case of the individuals referred to in Article 2 paragraph 2 letters a and b HSA, the privileges, immunities and facilities are conditional on the FDFA having established that those individuals are genuinely engaged in official duties. In the case of the persons referred to in Article 2 paragraph 2, letter c HSA, they are conditional on the authorisation granted them by the FDFA to accompany the principal individual beneficiary. 3 All questions relating to a determination as to whether an individual is genuinely engaged in official duties, an authorisation to accompany a principal individual beneficiary, the scope of privileges, immunities and
Art. 10 Scope of privileges, immunities and facilities
The scope of the privileges, immunities and facilities accorded to individuals who, whether on a permanent or a temporary basis, are called to act in an official capacity at any of the institutional beneficiaries referred to in Article 6 paragraph 1 is determined on the basis of the category of staff to which they belong in accordance with international law and international practice. Individuals shall be assigned to the different categories provided for under international law.
Art. 11 Categories of individual beneficiary
1 In the case of intergovernmental organisations, international institutions, international conferences, secretariats or other bodies established under an international treaty, independent commissions and other international bodies, the categories of individual beneficiary are in particular the following: a. members of senior management; b. high-ranking officials; c. other officials; d. representatives of the organisation’s members; e. experts and all other persons acting in an official capacity for these institutional beneficiaries; f. persons entitled to accompany any of the individual beneficiaries referred to in letters a to e. 2 In the case of international courts and arbitration tribunals, the categories of individual beneficiary, in addition to the categories specified in paragraph 1 above, are in particular the following: a. judges; b. prosecutors, deputy prosecutors, and prosecution service staff; c. registrars, deputy registrars, and registry staff; d. defence counsel, witnes
Art. 12 Individuals who are called to act in an official capacity at a quasi-governmental international organisation
1 Individuals who, whether on a permanent or a temporary basis, are called to act in an official capacity at a quasi-governmental international organisation and who are not Swiss nationals are accorded some or all of the following privileges and immunities for the duration of their service: a. exemption from direct taxes on the salaries, emoluments and allowances paid to them by the quasi-governmental international organisation; b. exemption from taxes on lump sums received on any grounds from a pension scheme or other provident fund, as at the time of such payment; the tax exemption does not however cover income earned on such sums or assets in which they are invested, or pensions and annuities paid to former staff by the quasi-governmental international organisation concerned; c. exemption from Swiss entry and residence requirements. 2 Members of the general assembly, foundation board, executive board or other governing body of a quasi-governmental international organisation may be g
Art. 13 Individuals who are called to act in an official capacity at other international bodies
The scope of the privileges, immunities and facilities accorded to individuals who, whether on a permanent or a temporary basis, are called to act in an official capacity at other international bodies shall be determined on the basis of the privileges, immunities and facilities that the Federal Council shall grant to the other international body concerned, pursuant to Article 8 above, and on the basis of the category of staff to which they belong.
Art. 14 Eminent persons carrying out an international mandate
Eminent persons carrying out an international mandate may be accorded all of the privileges, immunities and facilities set out in Article 3 HSA. The Federal Council shall determine the scope of the privileges, immunities and facilities according to the circumstances of each particular case.
Art. 15 Duration of privileges, immunities and facilities granted to individual beneficiaries
1 Privileges, immunities and facilities are granted to individual beneficiaries for the duration of their official duties. 2 Privileges, immunities and facilities accorded to accompanying persons expire at the same time as those accorded to the person they accompany, unless otherwise provided for in this Ordinance (Chapter 3). 3 Privileges, immunities and facilities accorded to private household employees come to an end on expiry of the period during which private household employees may seek a new employer in accordance with Article 13 of the Ordinance of 6 June 2011 on Private Household Employees. 4 The FDFA shall determine case by case whether, at the end of the period of service and in accordance with international practice, to accord a limited extension of time (courtesy period) in order to give those concerned time to make arrangements for their departure.
Para. 3 — SR 192.126 Para. 3 — Amended by the Annex to the O of 6 June 2011 on Private Household Employees, in force since 1 July 2011 (AS 2011 2425).