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Host State Act

Switzerland’s role as a host state is recognised throughout the world, notably thanks to “International Geneva”. To strengthen this position, on 22 June 2007, the Swiss Parliament adopted a law that brought together all the existing legal bases in relation to host state policy -- the Federal Act on the Privileges, Immunities and Facilities and the Financial Subsidies granted by Switzerland as a Host State (Host State Act, HSA). The period allowed for a referendum having expired unused, the Federal Council on 7 December 2007 adopted an implementation ordinance (Host State Ordinance, HSO). The HSA and the HSO came into force on 1 January 2008.

Beneficiaries
The Act defines the possible beneficiaries of privileges, immunities, facilities and financial subsidies in the framework of international law. It also sets out the conditions under which a special status and financial subsidies can be granted. The privileges and immunities are based on international customary law and which have passed into numerous international conventions. In so far as financial subsidies are concerned the Act enables the Federal Council to continue what has been customary practice for many years.

Scope of and rules governing the privileges, immunities and facilities and the financial subsidies
The Host State Ordinance sets out the customary practice which Switzerland has long followed in accordance with international law in implementing its host state policy. It determines the scope of the privileges, immunities and facilities which may be granted to different types of institutional beneficiary; the conditions of entry, residence and work on Swiss territory for individual beneficiaries; the procedures for the acquisition of land and buildings by institutional beneficiaries; and the rules governing the granting of financial subsidies and other measures of support.

Private Household Employees Ordinance
A new ordinance adopted by the Federal Council on 6 June 2011 regulates conditions for the entry and admission to Switzerland, residence and work for private domestic staff employed by the individual beneficiaries of privileges and immunities. The Private Household Employees Ordinance ensures greater transparency and provides a detailed explanation of the rules that must apply (work contracts, wages, insurance, medical expenses, etc.). As of 1 July 2011 it replaces the standard contracts of the cantons in this field.
The above mentioned Act, and its implementation ordinances, ensure that the host state policy of the Federal Council is more transparent, predictable and better focused on national interests. They also provide a clear legal framework for the privileges, immunities and facilities of institutional beneficiaries established in Switzerland.