Treaties, agreements and conventions

Introduction

On November 25, 1850, only two years after the foundation of the Swiss Confederation in its present form, the signature of the Convention of friendship, commerce and extradition opened a long series of treaties, conventions and agreements between the United States and Switzerland on various matters. Since the democratic and federative Swiss constitution of 1848, shaped after the American model, contrasted with the autocratic governments of Austria, France, Prussia and Russia, the fact that Switzerland concluded its first general convention with the United States had a special meaning: President Taylor of the United States wished to extend to Switzerland “a fraternal hand in the very midst of the storms with which she was threatened, and to offer her a treaty of friendship whereby the two freest peoples on earth will treat each other reciprocally on a footing of equality” (President Furrer of the Swiss Confederation in a message to the Swiss Federal Assembly).

On the following pages, we present to you a list of bilateral treaties, conventions and agreements between the U.S. and Switzerland arranged alphabetically according to subject matter. To each treaty title we add the Swiss and U.S. official printings containing the full text. Most German, French and Italian texts can be found on the web site of the Swiss Government at http://www.admin.ch/ch/d/sr/iindex.html. A database containing bilateral Swiss-U.S. treaties can also be found on the web site of the Swiss Federal Department of Foreign Affairs at http://www.eda.admin.ch/intagr/g/foreign/l_336.html (this is the link to the database in German. For the French version and Italian version. The web site of the U.S. Department of State shows at http://www.state.gov/documents/organization/18676.pdf (page 28-29 of the pdf-file) a list of some of the bilateral Swiss-U.S. treaties in force as of January 1, 2002.

Table of content

1. Atomic Energy

2. Aviation

3. Commerce

4. Deblocking of Assets

5. Defense

6. Drugs, Inspection of 

7. Education

8. Environment

9. Extradition 

10. Judicial Assistance

11. Mapping

12. Narcotic Drugs

13. Nationality 

14. Pacific Settlement of Disputes 

15. Patents 

16. Permanent Resident Status

17. Postal Matters

18. Privileges and Immunities

19. Publications

20. Social Security

21. Taxation 

22. Telecommunication 

23. Trade 

24. Trademarks 

25. Traffic 

26. Visas 

Treaties, Agreements and Conventions in Force

1.  Atomic Energy
 

Agreement for cooperation concerning civil uses of atomic energy 
Signed at Washington December 30, 1965; entered into force August 8, 1966.
(17 UST 1004; TIAS 6059; 594 UNTS 55; AS 1966 1267; SR 0.732.933.6)

Exchange of notes modifying the appendix
Signed at November 1 and 20, 1968; entered into force November 20, 1968.
(not published in the U.S.; AS 1974 1003: SR 0.732.933.6)

Amendment
Signed November 2, 1973; entered into force January 29, 1974.
(25 UST 19; TIAS 7773; AS 1974 1003; SR 0.732.933.6)
The United States and Switzerland have decided to cooperate in the civil use of atomic energy and in particular to pursue a research and development program for the realization of the peaceful and humanitarian use of atomic energy, including the design, construction, and operation of power-producing reactors and research reactors, and the exchange of information relating to the development of peaceful uses of atomic energy and to the problems of health and safety connected therewith. The agreement regulates the preconditions for the cooperation, the exchange of materials, equipment and devices, the delivery of enriched uranium by the United States to Switzerland, and the controlling rights of the United States. An agreement of February 28, 1972 (23 UST 184; AS 1973 306; SR 0.732.011.933.6) between the International Atomic Energy Agency and the Governments of the United States and Switzerland stipulates the application of the IAEA safeguards to the above-mentioned Swiss-American Cooperation Agreement.

Arrangement between the United States Atomic Energy Commission (USAEC) and the Division of Science and Research (DSR), an Office of the Government of Switzerland, to exchange information in the field of fast reactor physics.
Signed between the Federal Department of Home Affairs (Division of Science and Research) and the US Atomic Energy Commission March 20, 1970; entered into force March 20, 1970.
(not published)

Agreement on research participation and technical exchange in the United States loss of fluid test program and the Swiss emergency core cooling system-reflood program, with appendices.
Signed at Washington and Wuerenlingen June 15 and July 9, 1979; entered into force July 9, 1979.
(31 UST 240; TIAS 9607; not published in Switzerland)

Extension and amendment
March 27 and May 2, 1984
(TIAS 11112; not published in Switzerland)

Agreement on research participation and technical exchange in the United States heavy section steel technology program and the Swiss research program in fracture mechanics, with appendices.
Signed at Washington and Wuerenlingen June 15 and July 9, 1979; entered into force July 9, 1979
(31 UST 228; TIAS 9606; not published in Switzerland)

Extension and amendment
May 7 and 14, 1984
(TIAS 11194; not published in Switzerland)

Agreement in the area of carbide fuel development, with appendices.
Signed at Bern November 15, 1982; entered into force November 15, 1982.
(TIAS 10608; 1871 UNTS 395; not published in Switzerland)

Agreement in the field of radioactive waste management in Switzerland relating to the agreement for cooperation concerning civil uses of atomic energy of December 30, 1965.
Signed between the US Department of Energy and the NAGRA at Geneva April 19, 1985; entered into force April 19, 1985.
(TIAS; not published in Switzerland)

This agreement provides the cooperation in the storage of radioactive waste, in detail the cooperation in characterization of geological formations, field and laboratory testing, preparation and packing of radioactive waste, disposal in geological formations, environment and safety issues, design and operational issues, performance assessment issues, transportation requirements and public acceptance issues.

Amendment and Extensions
Signed August 8 and 15, 1990; entered into force September 23, 1991
(not published)

Agreement on cooperation in radioactive waste management safety research, with appendix
Signed between the U.S. Nuclear Regulatory Commission and the NAGRA at Bethesda and Baden August 26 and September 26, 1986; entered into force September 26, 1986.
(TIAS 11384; not published in Switzerland)

Agreement regarding participation in the USNRC international piping integrity research group, with appendices.
Signed at Bern and Bethesda February 3 and March 3, 1987; entered into force March 3, 1987.
(TIAS 12219; not published in Switzerland)

Agreement on cooperation in nuclear plant life extension research
Signed at Berne and Washington May 24 and June 13, 1989; entered into force June 13, 1989
(TIAS 12145; not published in Switzerland)

Arrangement between the Swiss Federal Office of Energy (F.O.E.) and the United States Nuclear Regulatory Commission (U.S.N.R.C.) for the Exchange of Technical Information and Cooperation in Nuclear Safety Matters, with addenda.
Signed between the F.O.E. and the U.S.N.R.C. at Vienna September 18, 2002, entered into force September 18, 2002.
(TIAS; not published in Switzerland)

Agreement for Co-operation between the Swiss Federal Council and the Government of the United States of America concerning Peaceful Uses of Nuclear Energy
Signed at Berne October 31, 1997; entered into force June 23, 1998 (TIAS; will be published in Switzerland).
 

2. Aviation
 

Exchange of notes approving the agreed minute of February 6, 1957 relating to an interpretation of the air transport agreement of August 3, 1945, as amended.
Signed at Washington March 1 and 4, 1957; entered into force March 4, 1957.
(8 UST 349; TIAS 3781; 279 UNTS 294; not published in Switzerland)

Air service agreement relating to equipment at Cointrin Airport.
Signed at Bern April 30, 1947; entered into force April 30, 1947.
(61 Stat. 3859; TIAS 1736; 11 Bevans 957; 42 UNTS 235; not published in Switzerland)

Agreement concerning the reciprocal acceptance of certificates of airworthiness for imported aircraft
Exchange of notes at Bern October 13, 1961; entered into force October 13, 1961 (provisionally) and November 21, 1962 (definitively).
(13 UST 2479; TIAS 5214; 459 UNTS 219; AS 1962 1614; SR 0.748.213.193.36)

Amendment
Exchange of notes at Washington January 7, 1977; entered into force January 7, 1977.
(28 UST 2446; TIAS 8563; AS 1977 1243; SR 0.748.213.193.36)
According to this agreement, certificates of airworthiness issued by the competent authorities of one country for aircraft constructed in such country and subsequently to be registered in the other country shall be accepted by the competent authorities of such other country as if they had been issued under the regulations in force on the subject in such other country if certain conditions set forth in the agreement are satisfied.

Memorandum of Agreement Between the Federal Aviation Administration Department of Transportation, United States of America and the Federal Office for Civil Aviation, Federal Department of Transport, Communications and Energy, Swiss Confederation: “Supply Support Services”
Signed January 7 & 28, 1993, effective since January 28, 1993
(not published).
Under this agreement, the Federal Aviation Administration will furnish to the Federal Office for Civil Aviation parts and repair services for air navigation systems and equipment.

Agreement for promotion of aviation security
signed at Washington on September 26, 1996; entered into force on September 26, 1996, (TIAS; AS 1997 1454; SR 0.748.213.183.36)
Air Transport Agreement (“Open-Sky” Agreement)
Signed at Washington June 15, 1995; entered into force on September 27, 1996.
(TIAS 12662; AS 1997 1076, SR 0.748.127.193.36)
According to this agreement the Swiss and the U.S. airlines have free access to any airport in the other country. The airlines are basically free to fix their tariffs and to determine their capacity offer. Subject to the granting of antitrust immunity, Swissair is allowed to consolidate its partnership with Delta Airlines.

3. Commerce
 

Convention of friendship, commerce and extradition
Signed at Berne November 25, 1850; entered into force November 8, 1855.
(11 Bevans 894; 11 Stat. 587; TS 353; BS 11 773; SR 0.142.113.361)
Articles 8-12 terminated March 23, 1900, as a result of notice given by the United States on March 23, 1899; articles 13-17 relating to extradition were superseded and expressly repealed by the extradition treaty signed May 14, 1900 (31 Stat. 1928; TS 354; 11 Bevans 904; not published in Switzerland).

This convention stipulates the principle that the citizens of the two Contracting States shall be admitted and treated upon a footing of reciprocal equality in the two countries, where such admissions and treatment shall not conflict with the constitutional and legal provisions of the Contracting Parties. Citizens of the United States or Switzerland, as well as their families, shall be free to sojourn temporarily or establish themselves permanently in the United States or Switzerland, to possess therein property, to exercise their professions or to manage their affairs. They shall have free access to courts, and shall be free to defend their rights in the same manner as native citizens. The citizens of one of the two States who shall desire or be required to return to their country shall be received at all times and under all circumstances in the country to which they belong and in which they shall have preserved their rights.

The citizens of each of the two States shall have power to dispose of their personal property within the jurisdiction of the other, by sale, testament, donation, etc. The Convention regulates the succession to property, particularly by inheritance, the preservation of the property of absent heirs domiciled in the other State and in the conveyance of real estate.

The Convention contains provisions relating to the installation of Consuls and Vice-Consuls in the large cities and important commercial places of the two States.

Agreement on customs, with the lists of the stipulated tariff concessions.
Signed at Geneva November 20, 1961; entered into force January 1, 1963.
(not published in the U.S.; AS 1962 1640ff; SR 0.632.293.361)
 

4. Deblocking of Assets

Agreement relating to the deblocking of Swiss assets in the United States
Exchange of notes signed at Washington November 22, 1946; entered into force November 22, 1946.
(not published in the U.S.; BS 14 356 SR 0.982.2)

Amendment
Signed at Berne December 30, 1947; entered into force December 30, 1947.
(not published in the U.S.; AS 63, 1490)

Exchange of notes relating to the deblocking of Swiss assets in the United States
Signed at Washington May 25, 1946; entered into force June 27, 1946.
(13 UST 1118; TIAS 5058; BS 14 348 SR 0.982.1)

Exchange of notes relating to the confiscation by the United States of assets of Swiss domiciled in Germany during the Second World War.
Signed at Washington March 12, 1980; entered into force March 12, 1980.
(not published)
The agreement and its amendments have lost their practical importance since all the procedures in connection with the deblocking of assets have been terminated.
Exchange of letters between the Federal Department of Foreign Affairs and United States Department of commerce concerning Nazi-seized assets and related matters in the period during and shortly after World War II (sharing of pertinent historical records and other data).
Signed March 14, 1997; entered into force March 14, 1997.
(not published)
 

5. Defense

Agreement on Safeguarding Classified Information
Exchange of notes December 19, 1961 between the Embassy of Switzerland at Washington DC and the Department of State of the US; entered into force December 19, 1961.

Amendment
Exchange of notes August 6, 1981; entered into force August 6, 1981.

Declassification
Exchange of notes December 1, 2000 / March 5, 2001; entered into force March 5, 2001.
(not published in Switzerland)

Security Protocol concerning the security procedures for industrial operations
Signed between the Federal Military Department of Switzerland and the Department of Defense of the United States July 20, 1983; entered into force July 20, 1983.

Memorandum of understanding for coproduction of the M109A1B self propelled 155 MM Howitzer.
Signed at Washington July 18, 1988; entered into force July 18, 1988.
(TIAS 11507; not published in Switzerland)

Agreement amending the memorandum of understanding of February 25, 1988, as amended, for the coproduction of the stinger post plus (stinger-RMP) weapon system.
Signed at Washington and Berne March 23 and May 4, 1995; entered into force May 4, 1995.
(TIAS 12642; not published in Switzerland)

Memorandum of understanding concerning defense acquisition
Signed at Washington and Berne October 25, 1988 and November 1, 1988; extended February 5, 1990, extended January 20 1999, extended December 30, 2000.
(not published)
In this memorandum of understanding the U.S. and the Swiss Government seek to achieve and maintain a long-term, equitable balance in their purchases of defense equipment. It is the intention of the memorandum of understanding to remove barriers to reciprocal defense trade.

Agreement on the exchange of military personnel between the U.S. Navy and the Swiss Air Force and Anti-Aircraft Command.
Signed at Bern and Washington July 5, and August 17, 1995; entered into force August 17, 1995.
(not published)

Memorandum of Agreement pertaining to the Provision of SY-71E Communications Security Equipment and Services to the Partnership for Peace Nations
Signed February 16, 1999; entered into force March 23, 1999.
(not published)

Memorandum of understanding concerning cooperation in the development of an internet-based website to support the work of the Partnership for Peace Consortium of Defense Academies and Security Studies Institutes.
Signed April 25, 1999; entered into force April 25, 1999.
(not published)

Memorandum of Understanding concerning procedures for mutually beneficial training opportunities
Signed between the Swiss Federal Council and United States Air Forces in Europe May 26, 1999; entered into force May 26, 1999.
(not published in Switzerland)

Acquisition and Cross-Servicing Agreement (US-SZ-01)
Signed between the Department of Defense of the United States of America and the Swiss Federal Department of Defense, Civil Protection and Sports December 6, 2001; entered into force December 6, 2001.
(not published in Switzerland)

Implementing Arrangement (EC-SZ-01) concerning Mutual Logistic Support
Signed between the Department of Defense of the United States of America and the Swiss Federal Department of Defense, Civil Protection and Sports December 6, 2001; entered into force December 6, 2001.
(not published in Switzerland)
 

6. Drugs, Inspection of 

Memorandum of Understanding between the Federal Office for Foreign Economic Affairs, Federal Department of Public Economy of the Swiss Confederation, and the Food and Drug Administration, U.S. Department of Health and Human Services, on Good Laboratory Practices (GLP)
Signed at Washington April 29, 1985; entered into force April 29, 1985.
(50 Fed. Reg. 29485; not published in Switzerland)
In this memorandum, the Federal Office for Foreign Economic Affairs of Switzerland and the Food and Drug Administration of the United States (FDA) express their concern for assuring the quality and integrity of safety evaluation data that support the approval of applications for research and/or marketing permits for human and animal drugs. The memorandum affords reciprocal recognition to each country’s good laboratory practice program, provides for the mutual acceptance of safety test data collected in either country, and sets forth procedures for continuing cooperative efforts for achieving quality safety data. As a consequence, it will not be necessary for either party to conduct nonclinical laboratory inspections in the other country.

Memorandum of understanding on reciprocal recognition of good laboratory practice (GLP) - Inspections
Signed at Washington June 22, 1988; entered into force June 22, 1988.
(not published)
This memorandum between the Federal Office for Foreign Economic Affairs of Switzerland and the Environmental Protection Agency of the United States (EPA) regulates the cooperation and the exchange of technical information between the U.S. and Switzerland in the field of the good laboratory practice with regard to agronomic and industrial chemicals.
 

7.  Education

Memorandum of Understanding on the Fulbright Exchange Program
Signed June 17, 1999; entered into force June 17, 1999.
(not published in Switzerland)
 

8.  Environment

Agreement between the Federal Department for Environment, Transport, Energy and Communication of Switzerland and the National Oceanic and Atmospheric Administration of the United States of America for Cooperation in the GLOBE Program.
Signed at Berne April 22, 1998; entered into force April 22, 1998.
(TIAS; not published in Switzerland)
The GLOBE (Global Learning and Observation for the Benefit of Environment) has been developed for the benefit of environment and science. The worldwide collected information on environment (chemical composition of nature, such as pH-value of water, composition of air and ground, change in climate etc.) reflects and helps us understand the development of environment.
 

9.  Extradition

Extradition treaty
Signed at Washington November 14, 1990, entered into force September 10, 1997.
(TIAS; AS 1997 2764; SR 0.353.933.6)
The new extradition treaty closes the gaps and weak points of the old treaty of 1900 and its supplements.
The Swiss authorities no longer have to furnish a complete evidence file. It is sufficient if the request contains a summary of the facts of the case, of the relevant evidence and of the conclusions providing a reasonable basis to believe that the person sought committed the offence for which extradition is requested. Furthermore, extradition is not any more limited to a list of extraditable offences. It is only required that the offence is punishable under the law of both contracting parties by deprivation of liberty for a period exceeding one year. Extradition shall not be declined because the person sought is a national of the requested State unless it has jurisdiction to prosecute that person. An advantage of the new treaty is also the possibility of simplified extradition. The cooperation between the two countries with regard to extradition is now much easier and more efficient than under the old treaty.
 

10. Judicial Assistance

Treaty on mutual assistance in criminal matters with related notes
Signed at Berne May 25, 1973; entered into force January 23, 1977.
(27 UST 2019; TIAS 8302; 1052 UNTS 61; AS 1977 42; SR 0.351.933.6)
This treaty is the first of its kind between a Common Law and a European Civil Law country, a fact which created a great number of procedural problems. Both States undertake to afford each other mutual assistance in criminal investigations in respect of certain offences, the punishment of which falls within the jurisdiction of the judicial authorities of the requesting State. The assistance to be granted includes mainly ascertaining the whereabouts of persons, taking the testimony or statements of persons, effecting the production of documents, the service of judicial documents and authentication of documents.
The treaty does not apply to investigations concerning political and military offences. Also excluded are the enforcement of cartel or antitrust law, as well as the prosecution of tax violations. Political, antitrust and fiscal offenses fall under the treaty if the investigation is directed against a person connected with organized crime. Assistance may be refused to the extent that the requested State considers that the execution of the request is likely to prejudice its sovereignty, security or similar essential interests. The information obtained by the requesting State pursuant to the treaty shall not be used for investigative purposes relating to an offence other than the one for which assistance has been granted.
As already mentioned, the treaty contains special provisions concerning organized crime which apply to investigations involving persons reasonably suspected to be involved in the illegal activities of an organized criminal group. In such cases the requested State shall employ compulsory measures even if the investigation concerns acts which would not be punishable in the requested State. Under certain conditions assistance has to be given in tax, antitrust and custom duties matters.
Requests shall be executed in accordance with the procedural law of the requested State. A person may not be compelled to testify or produce documents, if under the law of either State he has a right to refuse. In cases where there is no right to refuse, the Swiss authority will, nevertheless, limit the provision of evidence disclosing bank, manufacturing, or business secrets to investigations of serious offenses. In order to obtain such evidence the American authorities must show the importance of the disclosure and prove that reasonable but unsuccessful efforts have been made in the United States to obtain the evidence in other ways.
Difficulties or doubts arising as to the interpretation or application of the treaty should be resolved by mutual agreement. If not possible, disputes shall be submitted to arbitration.

Memorandum of Understanding on mutual assistance in criminal matters and ancillary administrative proceedings
Signed at Washington November 10, 1987.
(not published in the U.S.; XXVII ILM 480; BBl 1988 Vol. II, p. 394)
This memorandum regulates the exchange of opinions and related understandings between the U.S. and Swiss judicial authorities in order to avoid conflicts arising from the exercise of jurisdiction in law enforcement. Further the U.S. and Switzerland agree to more effectively utilize the Swiss-U.S. treaty to combat all forms of organized crime.
The Memorandum of Understanding to establish mutually acceptable means for improving international law enforcement cooperation in the field of insider trading, signed at Washington August 31, 1982, has been repealed.
On July 1, 1988 a new article 161 of the Swiss Penal Code entered into force according to which insider trading is a criminal offense. This new provision enables the Swiss authorities to grant judicial assistance under the treaty on mutual assistance in criminal matters also with regard to insider trading cases and, therefore, renders the memorandum of understanding obsolete.

Exchange of notes relating to the ancillary administrative proceedings in the field of offences in connection with the offer, purchase or sale of securities, futures and options
Signed at Washington November 3, 1993; entered into force November 3, 1993.
(not published in the U.S.; AS 1994 197; SR 0.351.933.66)
The offender of law provisions enacted in connection with the offer, purchase or sale of securities, futures and options may not only be found guilty and sentenced in a criminal proceeding but also may be subject to other sanctions. Therefore the U.S. judicial authorities understand that the mutual legal assistance provided by the Swiss-U.S. treaty should also be granted in certain ancillary proceedings related to cases of violation of law provisions enacted in connection with the offer, purchase or sale of securities, futures and options.

Memorandum of Understanding between the Government of Switzerland and the Government of the United States of America regarding law enforcement assistance and cooperation in criminal matters
Signed April 18, 1995; entered into force April 18, 1995.
(not published)

Exchange of letters between the Federal Banking Commission of Switzerland and the State of New York regarding cooperation with respect to the detection of dormant accounts
Exchange of letters signed at New York, February 19, 1997 and Bern, February 21, 1997; entered into force February 21, 1997.
(not published)
The scope of cooperation covers accounts of potential Holocaust victims which were held in branches or agencies of Swiss banks in the State of New York or their New York correspondent banks during the years 1933 to 1945 and which may have been transferred to Switzerland before 1960.
 

11. Mapping

Basic exchange and cooperative agreement concerning global geospatial information and services cooperation, with annexes.
Signed at Brussels June 19, 2001. Entered into force June 19, 2001
(not published)

12. Narcotic Drugs

Arrangements for the direct exchange of certain information regarding the traffic in narcotic drugs
Exchange of notes at Berne November 15 and 16, 1929; entered into force November 16, 1929.
(11 Bevans 917; BS 12 539; SR 0.812.121.933.6)
The United States and Switzerland bind themselves mutually by this agreement to the direct exchange between the American Treasury Department and the Federal Office of Public Hygiene of information and evidence with reference to persons engaged in illicit traffic in narcotics; for example photographs, fingerprints, descriptions of methods employed by such persons, information about suspected movements of narcotic drugs or of persons involved. The competent authorities shall collaborate in investigations or examinations.
 

13. Nationality

Convention relative to military obligations of certain persons having dual nationality
Signed at Berne November 11, 1937; entered into force December 7, 1938
(11 Bevans 936; 53 Stat. 1791; TS 943; 193 LNTS 181; BS 11 588; SR 0.141.133.6)
This convention provides that a person born in the territory of one of the Contracting Parties, of parents who are nationals of the other, who possesses the nationality of the United States and Switzerland, and has his habitual residence in the State of his birth, shall not be held liable by the other State for military service or for payment of taxes in lieu thereof, even in the case of a temporary stay in the latter State. If this stay is protracted beyond the period of two years a special regulation applies.
 

14. Pacific Settlement of Disputes

Treaty of arbitration and conciliation
Signed at Washington February 16, 1931; entered into force May 23, 1932.
(11 Bevans 920; 47 Stat. 1983; TS 844; 129 LNTS 465; BS 11 381; SR 0.193.413.36)
The United States and Switzerland bind themselves by this treaty to submit to arbitration or to conciliation in every dispute arising between the Contracting Parties, of whatever nature, when ordinary diplomatic proceedings have failed. The treaty stipulates the cases of application of conciliation or arbitration. It regulates the procedure for the constitution of the Permanent Commission of Conciliation and contains rules of procedure applicable to the conciliation and the arbitration.
 

15. Patents

Arrangement relating to reciprocal benefits under the patent laws of the two countries
Exchange of notes at Berne January 17 and 28, 1908; entered into force January 28, 1908.
(11 Bevans 909; BS 2 922; SR 232.149.336)
According to the Swiss patent law, under certain circumstances a license may be granted if the invention protected by a patent is not exploited within given limits. If this does not suffice, the patent may be revoked; in the United States, no patent can be cancelled for this reason. Following the terms of the understanding, Switzerland agrees to accept the exploitation of the invention in the United States to be the equivalent of its exploitation in Switzerland.

16. Permanent Resident Status

Memorandum of understanding on the status of nationals of one country in the other country
Signed at Berne July 6, 1995; entered into force July 6, 1995
(BBI 1995 vol. III, p. 669)
Within the limits of the law, the U.S. makes its best efforts to grant immigrant visas and permanent residence status to Swiss citizens as well as similar treatment to that which U.S. citizens receive in Switzerland to Swiss citizens residing in the U.S. in legal non-immigrant status and applying for permanent residence.
 

17. Postal Matters

Agreement concerning the exchange of parcel post, and regulations of execution
Signed at Washington April 1 and at Berne May 18, 1932; operative April 1, 1932.
(47 Stat. 1997; Post Office Department print; not published in Switzerland)
International express mail agreement, with detailed regulations
Signed at Berne and Washington December 7, 1978 and January 22, 1979; entered into force February 1, 1979.
(32 UST 5549; TIAS 10008; 1265 UNTS 131; not published in Switzerland)
 

18. Privileges and Immunities

Agreement concerning the status, privileges, and immunities of the SALT (START) delegation in Switzerland with annex
Exchange of notes at Berne November 21 and 22, 1972; entered into force November 22, 1972.
(23 UST 3736; TIAS 7523; not published in Switzerland)

Related Agreement
Exchange of notes at Berne June 9, 1982; entered into force June 9, 1982.
(TIAS 10414; not published in Switzerland)
Switzerland undertakes by this agreement to concede to the delegation of the United States to the negotiations concerning limitation of strategic arms (SALT) and concerning the limitation and reduction of strategic arms (START), as well as the persons of which it is composed, to enjoy the same status, privileges and immunities granted to a special mission, to its representatives and members, as well as to the family members who accompany them. An identical agreement was concluded between the Union of Soviet Socialist Republics and Switzerland.

Agreement on rights, privileges and immunities of the United States-Union of Soviet Socialist Republics Standing Consultative Commission
Exchange of notes at Berne February 26 and March 5, 1973; entered into force March 5, 1973.
(24 UST 772; TIAS 7582; 944 UNTS 95; not published in Switzerland)
Switzerland binds itself by this agreement to allow the delegation of the Untied States to the United States-Union of Soviet Socialist Republics Standing Consultative Commission, as well as the individuals of whom it is composed, to enjoy the same status, privileges and immunities granted to the delegation to the Strategic Arms Limitation Talks. An identical agreement was concluded between the Union of Soviet Socialist Republics and Switzerland.

Agreement establishing rights, privileges and immunities of the delegation to the negotiations concerning theater (intermediate range) nuclear forces (TNF)
Exchange of letters at Berne October 17, 1980; entered into force October 17, 1980, (33 UST 610; TIAS 10056; not published in Switzerland)

Related Agreement
Exchange of notes at Berne November 11 and 20, 1981; entered into force November 20, 1981.
(33 UST 4237; TIAS 10298; not published in Switzerland)
Switzerland undertakes by this agreement to accord to the delegation of the United States of America and to those who compose this delegation the same formula and the same privileges and immunities as those which were accorded to the delegation to the Strategic Arms Limitation Talks.

Agreement establishing rights, privileges and immunities of the United States delegation to the negotiations on nuclear and space arms
Exchange of notes at Berne March 1 and 5, 1985; entered into force March 5, 1985.
(TIAS 11188; not published in Switzerland)
Switzerland undertakes by this agreement to concede the delegation of the United States to the Negotiations on Nuclear and Space Arms the same status, privileges and immunities granted to the delegation to the Strategic Arms Limitations Talks.
 

19. Publications

Agreement relating to the exchange of official publications
Exchange of notes at Washington January 5 and February 24, 1950; entered into force February 24, 1950.
(1 UST 396; TIAS 2058; 93 UNTS 3; not published in Switzerland)
This agreement contains provisions concerning the exchange of official publications between the United States and Switzerland. The governments of the two States engaged themselves to regularly furnish a copy of each of their official publications which is indicated in a selected, and from time to time revised, list prepared by the other government. The exchanges are between the Swiss Federal Chancery and the Library of Congress of the United States, as well as between the Smithsonian Institution and the Swiss Parliamentary Library. Blank forms, circulars which are not of a public character, or confidential publications are excepted.

20. Social Security

Agreement on social security, with final protocol
Signed at Washington July 18, 1979; entered into force November 1, 1980.
(32 UST 2165; TIAS 9830 1252 UNTS 127; AS 1980 1671; SR 0.831.109.336.1)

Supplementary agreement on social security
Signed at Berne June 1, 1988; entered into force October 1, 1989.
(TIAS 12126; AS 1989 2252; SR 0.831.109.336.1)
The provisions of this agreement, as far as they concern subjection to compulsory social security law, apply now to third country citizens as well. Further, it has been clarified that the spouse and the children of a transferee are subject to social security of the host country only if they enter employment in that country. Finally, the method to assess U.S. social security benefits has been conformed to new U.S. legislation.

Administrative agreement for the implementation of the agreement on social security of July 18, 1979
Signed at Berne December 20, 1979; entered into force November 1, 1980.
(32 UST 2165; TIAS 9830; 1252 UNTS 137 AS 1980 1684; SR 0.831.109.336.11)
This agreement applies to Swiss and U.S. Federal Old-Age, Survivors and Disability Insurance for nationals of the two countries, refugees and stateless persons residing in either country, other persons with respect to rights from persons of above groups.
The agreement provides for equality of treatment of the nationals of the two countries under the social security law of both countries. Benefits to which a U.S. or Swiss national is entitled under a country’s national law or this agreement will not be withheld merely because the person is outside of that country.
An employed person is subject to compulsory social security coverage of the country in the territory of which he is employed. However, employed persons who are sent by their employer with a place of business in one country to the other country, shall be subject to compulsory social security coverage in the first country only, provided that the employment in the other country is not expected to last longer than 5 years. A person who is self-employed and a resident of the territory of either contracting state is subject to compulsory social security coverage only of the country in whose territory he resides.
The agreement provides that for U.S. nationals a contribution period of at least one year shall be required for entitlement to Swiss ordinary Old-Age, Survivors and Disability Insurance Pensions. Where a person has completed at least 6 quarters under U.S. laws, but does not have sufficient quarters to satisfy U.S. requirements for benefits, periods of coverage completed under Swiss laws shall be taken into account for purposes of determining benefit eligibility.

Supplementary administrative agreement amending the administrative agreement for the implementation of the agreement on social security.
Signed at Berne June 1, 1988; entered into force October 1, 1989.
(not published in the U.S.; AS 1989 2255; SR 0.831.109.336.11)
 

21. Taxation

Convention for the avoidance of double taxation with respect to taxes on income.
Signed at Washington October 2, 1996; entered into force December 19, 1997.
(Not yet published in the U.S.; AS 1999 1459, RO 1999 1460; SR/RS 0.672.933.61; BBI 1997 II 1104 ff., FF 1997 II 997 ss.)
The new Convention follows closely the pattern of recent U.S. income tax treaties with other OECD member countries. Its provisions have taken effect, in respect of tax withheld at the source, to amounts paid or credited on or after February 1, 1998, and, in respect of other taxes, to taxable periods beginning on or after January 1, 1998.
The Convention refers, in the case of the United States, to the Federal income taxes, including excise taxes imposed on insurance premiums paid to foreign insurers and with respect to private foundations. In the case of Switzerland, it refers to the Federal, Cantonal and Communal taxes on income (total income, earned income, income from property, business profits, etc.).
Swiss enterprises are not subject to income taxation by the United States, and vice versa, unless they carry on business through a permanent establishment in the other country or derive income from real property situated in the other country. Individual residents of one of the two States, working in the other for not more than 183 days in any twelve-month period commencing or ending in the taxable year concerned, shall be exempt from income taxes if they receive compensation for labor or personal services performed as an employee of a person or an enterprise of their home country.
The Convention sets up rules to avoid double taxation of dividend, interest and royalties income derived from sources within one of the Contracting States by a resident or an enterprise of the other State.
Residents of a Contracting State qualify for the treaty benefits if they meet any one of the requirements contained in the limitation on benefits provision of the new Convention.

Convention for the avoidance of double taxation with respect to taxes on estates and inheritances
Signed at Washington July 9, 1951; entered into force September 17, 1952.
(3 UST 3972; TIAS 2533; 165 UNTS 51; AS 1952 645; SR 0.672.933.62)
This convention refers to taxes asserted upon death, in the case of the United States to the Federal estate tax, and in the case of Switzerland to estate and inheritance taxes imposed by the cantons and any political subdivision thereof. In imposing the tax in the case of a decedent who was at the time of his death a citizen of or domiciled in Switzerland, the United States shall allow a specific exemption which would be allowable if the decedent had been domiciled in the United States. A similar exemption shall be allowed by Switzerland in the case of an estate of a decedent who at the time of his death was a citizen of or domiciled in the United States.
If both of the Contracting States determine that the decedent was a citizen of or domiciled in its territory, each shall allow against its tax a credit for the tax imposed in the other State with respect to certain property included for tax by both States.
Any claim for a credit or refund of tax based upon this Convention must be made within five years from the date of death of the decedent.
 

22. Telecommunication

Agreement relating to the reciprocal granting of authorizations to permit licensed amateur radio operators of either country to operate their stations in the other country
Exchange of notes at Berne January 12 and May 16, 1967; entered into force May 16, 1967.
(18 UST 554; TIAS 6264; 685 UNTS 319; AS 1991 797; SR 0.784.403.336)
This agreement regulates the preconditions under which an individual who is licensed by the United States or Switzerland as an amateur radio operator, and who operates an amateur radio station licensed by one State, shall be permitted by the other State to operate such station in the territory of such other State.
 

23. Trade

Agreement within the context of the multilateral trade negotiations regarding motor vehicles and related letter of November 19, 1980
Done at Berne April 11, 1979; entered into force January 1, 1980.
(32 UST 5521; TIAS 10004, 1265 UNTS 181; not published in Switzerland)

Arrangement within the context of the multilateral trade negotiations concerning cheeses, with exchange of letters and related letter of November 19, 1980
Done at Geneva and Berne April 12, 1979; entered into force January 1, 1980.
(32 UST 5527; TIAS 10005; 1265 UNTS 151; AS 1979 2587; SR 0.632.293.362)

Commitment of Switzerland within the context of the multilateral trade negotiations concerning access to its market for beef, and related letter of November 19, 1980
Done at Geneva and Berne April 12 and July 10, 1979; entered into force January 1, 1980.
(32 UST 5539; TIAS 10006; 1265 UNTS 163; SR 0.632.231.53)

Agreement within the context of the multilateral trade negotiations concerning the treatment of certain chemicals
Exchange of letters at Geneva and Washington December 18 and 21, 1979; entered into force January 1, 1980.
(32 UST 5545; TIAS 10007; 1265 UNTS 171; AS 1985 937; SR 0.632.293.363)

Agreement to expand bilateral coverage between the two countries under the WTO Government Procurement Agreement.
Signed December 16 and 19, 1996
(not published in the U.S., BBI 1997 Vol II p. 246)

Joint Statement establishing a Joint Economic Commission
Signed between the Government of the Swiss Confederation and the Government of the United States of America at Davos January 29, 2000; entered into force January 29, 2000.
(not published)
 

24. Trademarks

Agreement relating to the registration of trademarks
Exchange of notes at Washington April 27 and May 14, 1883; entered into force May 14, 1883.
(11 Bevans 901; TS 471; not published in Switzerland)
The Paris Convention for the protection of Industrial Property of March 20, 1883, revised for the last time at Stockholm on July 14, 1967, (828 UNTS 305; SR 0.232.04) grants the reciprocity in industrial property matters between the United States and Switzerland.
 

25. Traffic

Exchange of letters between the Embassy of Switzerland at Washington and the Registry of Motor Vehicles of the Commonwealth of Massachusetts regarding the reciprocal recognition of driver’s licenses, registration cards and registration plates
Exchange of letters signed at Washington and Boston March 21 and May 24, 1977; entered into force May 24, 1977.
(not published)

Reciprocal agreement between Country of Switzerland and the State of Louisiana for the exchange of rights and privileges in the use of driver’s licenses.
Signed April 19 and 23, 2001; entered into force July 1, 2001.
(not published)
 

26. Visas

U.S. visa waiver pilot program
Exchange of notes at Berne May 31, 1988 and June 12, 1989, entered into force on July 1, 1989 limited until September 30, 1991; extended until September 30, 1994; extended until September 30, 1997; extended until April 30, 1998; extended for an unlimited period
(not published)
The United States waive visa requirements for citizens of some European states (including Switzerland) who are proceeding to the United States for pleasure for a period not longer than 90 days and who are traveling with one of the airlines named in the program (most European airlines).

Abbreviations

Compiled by:

Christian Reber
Legal Counsel
Spectrum Value Management Ltd.
Zürcherstrasse 156
8645 Jona

Phone: +41 55 222 87 30
Fax: +41 55 222 87 39

www.s-vm.com

August 2003