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Agreement, with Final Protocol, signed at Washington,
D.C. July 18, 1979; entered into force November 1, 1980; as
amended by a supplementary agreement signed at Bern June 1, 1988,
entered into force October 1, 1989.
Administrative agreement signed at Bern December 20, 1979; entered
into force November 1, 1980; as amended by a supplementary administrative
agreement signed at Bern June 1, 1988, entered into force October 1,
1989.
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Contents |
Chapter 1 - Application of Swiss Laws
Chapter 2 - Application of United States Laws
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AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND THE SWISS CONFEDERATION
ON SOCIAL SECURITY
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The President of the United States of America
and the Swiss Federal Council,
Being desirous of regulating the relationship between their two countries
in the field of Social Security, have agreed to conclude an Agreement
for that purpose and have therefore appointed as their plenipotentiaries:
For the President of the United States of America:
Joseph A. Califano, Jr.,
Secretary of Health,
Education, and Welfare
For the Swiss Federal Council:
Raymond Probst,
Ambassador Extraordinary and
Plenipotentiary of the Swiss Confederation to the United States of America
who, having exchanged their full powers, found to be in good and due
form, have agreed to the following provisions:
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Definitions and Laws
ARTICLE 1
For the purposes of this Agreement:
- "Territory" means, as regards the United States, the States,
the District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam and American Samoa, and as regards Switzerland, the territory
of the Swiss Confederation;
- "National" means, as regards the United States, a national
of the United States as defined in Section 101, Immigration and Nationality
Act of 1952, as amended, and as regards Switzerland, a person of Swiss
nationality;
- "Laws" means the laws and regulations specified in Article
2;
- "Competent Authority" means, as regards the United States,
the Secretary of Health, Education, and Welfare, and as regards Switzerland,
the Federal Social Insurance Office;
- "Agency" means, as regards the United States, the Social
Security Administration, and as regards Switzerland, a compensation
fund of the Old-Age and Survivors Insurance and the other bodies responsible
for the administration of Disability Insurance;
- "Period of coverage" means a period of payment of contributions
or a period of earnings from employment or self-employment, as defined
or recognized as a period of coverage by the laws under which such period
has been completed, or any similar period insofar as it is recognized
by such laws as equivalent to a period of coverage;
- "Benefits" ("Prestations")
means any benefit in cash or in kind as provided for in the laws of
either Contracting State;
- "Family member" means a person eligible for benefits based
on the periods of coverage of a living person as established under the
laws of each of the Contracting States;
- "Survivor" means a person eligible for benefits based on
the periods of coverage of a deceased person as established under the
laws of each of the Contracting States;
- "Stateless person" means a person defined as a stateless
person in Article 1 of the Convention Relating to the Status of Stateless
Persons dated September 28, 1954; and
- "Refugee" means a person defined as a refugee in Article 1
of the Convention Relating to the Status of Refugees dated July 28,
1951, and the Protocol to that Convention dated January 31, 1967.
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ARTICLE 2
- For the purpose of this Agreement, the applicable laws are:
- As regards Switzerland, the Federal laws governing
--Old-Age and Survivors Insurance,
--Disability Insurance;
- As regards the United States of America, laws governing the Federal
Old-Age, Survivors, and Disability Insurance Program:
--Title II of the Social Security Act and regulations promulgated
under the authority provided in the Social Security Act, except
sections 226, 226A and 228 of that title and regulations pertaining
to those sections,
--Chapter 2 and Chapter 21 of the Internal Revenue Code of 1954
and regulations pertaining to those chapters.
- Laws within the meaning of paragraph 1 shall not include treaties
or other international agreements concluded between one Contracting
State and a third State or laws or regulations promulgated for their
specific implementation.
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General Provisions
ARTICLE 3
Unless otherwise provided, this Agreement shall apply to:
- nationals of either Contracting State,
- refugees who reside in either Contracting State,
- stateless persons who reside in either Contracting State,
- other persons, including family members and survivors, with respect
to the rights they derive from persons in categories (a), (b) and
(c).
ARTICLE 4
Unless otherwise provided in this Agreement or the Final Protocol, nationals
of one Contracting State shall, in the application of the laws of the
other Contracting State, receive equal treatment with the nationals of
the other Contracting State.
ARTICLE 5
This Agreement shall not prevent the application of provisions of the
laws of either Contracting State concerning benefits that are more favorable
to the persons listed in Article 3.
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PART
III
Provisions on Coverage
ARTICLE 6
- Unless otherwise provided in Part III of this Agreement or the Final
Protocol, a person of any nationality who is employed in the territory
of either Contracting State shall be subject, with respect to employment
in that territory, to the laws on compulsory coverage of the Contracting
State where the person is employed and, in determining the amount of
contributions payable under the laws of that Contracting State, no account
shall be taken of any income the person may receive from employment
in the territory of the other Contracting State.
- Where a person of any nationality is in the service of an employer
having a place of business in the territory of a Contracting State and
is sent by that employer to the territory of the other Contracting State
for a period not expected to exceed 5 years, the person shall be subject
to the laws on compulsory coverage of only the first Contracting State
as if he were employed in its territory. If, before the end of 5 years,
the employer who requested an exemption for a person on temporary assignment
requests an extension of the period of exemption, this extension may
be granted by way of exception if the Competent Authority of the State
from whose territory the person was sent considers the request to be
justified and, based on this fact, presents the application for extension
to the Competent Authority of the other Contracting State and obtains
the consent of the latter State. The spouse and children who accompany
a person who is sent temporarily in conformity with the preceding two
sentences of this paragraph shall remain subject to the laws on compulsory
coverage of only the State from whose territory the worker was sent
for any period during which they are not employed or self-employed in
the territory of the other State.
- A person of any nationality who is self-employed in the territory
of either Contracting State and who is a resident of one Contracting
State shall be subject to the laws on compulsory coverage of only the
Contracting State in whose territory he resides.
ARTICLE 7
- Part III of this Agreement shall not apply to the categories of persons
listed in the provisions of the Vienna Convention on Diplomatic Relations
of April 18, 1961, and of the Vienna Convention on Consular Relations
of April 24, 1963.
- Nationals of one of the Contracting States not listed in the provisions
of the Vienna Conventions mentioned in paragraph 1, employed by
that Contracting State in the territory of the other Contracting State,
shall be subject to the laws on compulsory coverage of only the first
Contracting State.
ARTICLE 8
The Competent Authority of one Contracting State may grant an exception
to the provisions of Part III of this Agreement if the Competent
Authority of the other Contracting State agrees, provided that the affected
person will be subject to the laws on compulsory coverage of one of the
Contracting States.
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Provisions on Benefits
CHAPTER 1
Application of Swiss Laws
ARTICLE 9
A contribution period of at least one year shall be required for entitlement
to Swiss ordinary Old-Age, Survivors and Disability Insurance Pensions
intended for United States nationals.
ARTICLE 10
- United States nationals may claim rehabilitation measures of the
Swiss Disability Insurance as long as they maintain their domicile in
Switzerland and provided they have, immediately prior to eligibility
for such measures, paid contributions under Swiss laws for at least
one year.
- Spouses and widows of United States nationality not gainfully employed,
as well as children under age of the same nationality, may claim rehabilitation
measures of the Swiss Disability Insurance as long as they maintain
their domicile in Switzerland and provided they have resided in Switzerland
without interruption for at least one year immediately prior to eligibility
for such measures. Children under age of the same nationality may, moreover,
claim such measures if they are domiciled in Switzerland and have been
born invalids in Switzerland or have resided in Switzerland without
interruption since birth.
ARTICLE 11
- Where the right to an ordinary pension under Swiss laws depends on
a current affiliation with Swiss Old-Age, Survivors and Disability Insurance,
a United States national shall satisfy such requirement if, on the date
the insured event occurs according to Swiss laws, the United States
national has a record of current coverage under United States laws.
- Ordinary pensions for insured persons with a disability inferior
to 50 percent shall be paid to United States nationals only as long
as they maintain their domicile in Switzerland.
ARTICLE 12
United States nationals shall only be entitled to extraordinary pensions
under Swiss laws if they (1) maintain their domicile in Switzerland and
(2) show proof that immediately prior to the month in which they apply
for pensions they have resided in Switzerland without interruption for
- at least ten full years if applying for an old-age pension, or
- at least five full years if applying for a disability or survivors
pension, or for an old-age pension which would replace a disability
or survivors pension.
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Chapter
2
Application of United States Laws
ARTICLE 13
- Where a person has completed at least six quarters of coverage under
United States laws, but does not have sufficient quarters of coverage
to satisfy the requirements for entitlement to benefits under United
States laws, periods of coverage completed under Swiss laws shall be
taken into account to the extent they do not coincide with calendar
quarters already credited as quarters of coverage under United States
laws.
- In determining eligibility for benefits under paragraph 1 of
this Article, the agency of the United States shall credit one quarter
of coverage for every three months of coverage certified as creditable
by the agency of Switzerland to the extent that the months do not coincide
with calendar quarters already credited as quarters of coverage under
United States laws. The total number of quarters of coverage to be credited
for a year shall not exceed four.
- Where entitlement to a benefit under United States laws is established
according to the provisions of paragraph 1, the agency of the United
States shall compute a pro rata primary insurance amount in accordance
with United States laws based on
- the person's average earnings credited exclusively under United
States laws and
- the ratio of the duration of the person's periods of coverage credited
under United States laws to the duration of a coverage lifetime as
determined in accordance with United States laws. Benefits payable
under United States laws shall be based on the pro rata primary insurance
amount.
[Paragraph 4 deleted with respect to U.S. benefit applications adjudicated
after September 30, 1989.]
- Entitlement to a benefit from the United States which results from
paragraph 1 shall terminate with the acquisition of sufficient
periods of coverage under United States laws to establish entitlement
to a higher benefit without the need to invoke the provision of paragraph 1.
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Miscellaneous Provisions
ARTICLE 14
The Competent Authorities of the two Contracting States shall:
- Make all necessary administrative arrangements for the application
of this Agreement;
- Define the procedures for reciprocal administrative assistance,
including the allocation of expenses associated with obtaining medical,
administrative, and other evidence required for the application of
this Agreement;
- Communicate to each other information concerning the measures taken
for the application of this Agreement; and
- Communicate to each other, as soon as possible, information concerning
all changes in their respective laws.
ARTICLE 15
- The Competent Authorities and the agencies of the Contracting States,
within the scope of their respective authority, shall assist each other
in implementing this Agreement. This assistance shall be free of charge
subject to exceptions to be agreed upon in an administrative agreement.
- Liaison agencies for the implementation of this Agreement shall be:
- for the United States, the Social Security Administration; and
- for Switzerland, the Swiss Compensation Office.
ARTICLE 16
Where the laws of a Contracting State provide that any document which
is submitted to the Competent Authority or an agency of that Contracting
State shall be exempted, wholly or partly, from fees or charges, including
consular and administrative fees, the exemption shall also apply to documents
which are submitted to the Competent Authority or an agency of the other
Contracting State in accordance with its laws.
ARTICLE 17
- The Competent Authorities and agencies of the Contracting States
may correspond directly with each other and with any person wherever
he may reside whenever it is necessary for the administration of this
Agreement. The correspondence may be in the writer's official language.
- An application or document may not be rejected because it is in an
official language of the other Contracting State.
- The notices of decisions of an agency or a tribunal which under the
laws of a Contracting State require personal delivery may be transmitted
directly by registered letter to a person in the territory of the other
Contracting State.
ARTICLE 18
- A written application for benefits filed with an agency of one Contracting
State shall protect the rights of the claimants under the laws of the
other Contracting State if the applicant (a) requests that it be
considered an application under the laws of the other Contracting State
or (b) in the absence of a request that it not be so considered,
provides information indicating that the person on whose record benefits
are claimed has completed periods of coverage under the laws of the
other Contracting State.
- An applicant may request that an application submitted to an agency
of one Contracting State be effective on a different date in the other
Contracting State within the limitations of and in conformity with the
laws of the other Contracting State.
- The provisions of this Agreement shall apply only to an application
for benefits which is filed on or after the date this Agreement enters
into force.
ARTICLE 19
- A written appeal of a determination made by an agency of one Contracting
State may be validly filed with an agency of the other Contracting State.
- Any claim, notice or appeal which must be filed within a given period
of time with an agency of one Contracting State shall be considered
to have been timely filed if the claim, notice or appeal has been filed
within such period with a corresponding agency of the other Contracting
State. In such case, the agency with which the claim, notice or appeal
has been filed shall indicate the date of receipt of the document on
this document and transmit it without delay to the liaison agency of
the other Contracting State.
ARTICLE 20
- The amount of any benefit due in accordance with the provisions of
this Agreement shall be paid in the currency of the Contracting State
whose agency is responsible for such benefit.
- In case provisions designed to restrict the exchange of currencies
are issued in either Contracting State, the Governments of the two Contracting
States shall decide on the measures necessary to assure the transfer
of sums owed by either Contracting State under this Agreement.
ARTICLE 21
Any disagreement between the Contracting States concerning the interpretation
or implementation of this Agreement which has not been settled within
six months shall, at the request of either Contracting State, be submitted
to an arbitral tribunal of three members. Each Contracting State shall
appoint one member. These two members shall select the presiding member.
Should the members disagree on the nomination of the presiding member,
the presiding member will be appointed by the President of the International
Court of Justice. The arbitral tribunal shall establish its own procedure.
The decision of the arbitral tribunal shall be binding on the Contracting
States.
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PART VI
Transitional and Final Provisions
ARTICLE 22
- This Agreement shall also apply to events relevant to rights under
the laws which occurred prior to its entry into force.
- This Agreement shall not establish any claim to payment of a benefit
for any periods before its entry into force or a lump-sum death benefit
if the person died before its entry into force.
- Consideration shall be given to any period of coverage and any period
of residence under the laws of either Contracting State occurring before
the entry into force of this Agreement, in order to determine the right
to benefits under this Agreement.
- This Agreement shall not apply to rights settled by a lump-sum payment
or refund of contributions.
- Determinations made before the entry into force of this Agreement
shall not affect rights arising under it.
- This Agreement shall not result in the reduction of cash benefit
amounts because of its entry into force.
ARTICLE 23
The attached Final Protocol shall form an integral part of this Agreement.
ARTICLE 24
The Agreement embodied in the exchange of notes between the Swiss Federal
Political Department and the Ambassador of the United States of America
in Bern of June 27, 1968, concerning the reciprocal payment of certain
old-age, survivors and disability benefits is terminated effective with
the date of entry into force of the present Agreement.
ARTICLE 25
- This Agreement shall remain in force and effect until the expiration
of one calendar year following the year in which written notice of its
denunciation is given by one of the Contracting States to the other
Contracting State.
- If this Agreement is terminated by denunciation, rights regarding
entitlement to or payment of benefits acquired under it shall be retained;
the Contracting States shall make arrangements dealing with rights in
the process of being acquired.
ARTICLE 26
This Agreement shall enter into force on the first day of the second month
following the month in which each Government shall have received from
the other Government written notification that it has complied with all
statutory and constitutional requirements for the entry into force of
this Agreement.
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IN WITNESS WHEREOF, the plenipotentiaries of
the Contracting States being duly authorized thereto, have signed the
present Agreement.
DONE at Washington on July 18, 1979, in duplicate, in the English
and French languages, both texts being equally authentic.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
Joseph A. Califano, Jr.
FOR THE SWISS FEDERAL COUNCIL:
Raymond Probst
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FINAL
PROTOCOL TO THE AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND THE SWISS CONFEDERATION
ON SOCIAL SECURITY
At the time of signing the Agreement between the United States of America
and the Swiss Confederation on Social Security, the undersigned plenipotentiaries
stated that they are in agreement on the following points:
- With respect to Article 4, persons designated in Article 3(b),
(c) or (d) who reside in the territory of Switzerland shall receive
benefits provided by the laws of the United States under the same conditions
as United States nationals who reside in Switzerland.
- Article 4 shall not apply to provisions of Swiss laws on (a) voluntary
Old-Age Survivors and Disability Insurance of Swiss nationals residing
abroad; (b) Old-Age, Survivors and Disability Insurance of Swiss
nationals working abroad on account of an employer in Switzerland; (c) welfare
benefits ("allocations de secours")
granted to Swiss nationals residing abroad; or (d) helplessness
allowances ("allocations pour impotents").
[Paragraph 3 deleted effective October 1, 1989.]
[Paragraph 4 deleted effective October 1, 1989.]
- Article 6.2 shall apply in cases where a person is
employed in the territory of a third State, but compulsorily covered
under the laws of one of the Contracting States and is then sent by
his employer to the territory of the other Contracting State.
5A. Where the same activity is considered to be
self-employment under the laws of one Contracting State and employment
under the laws of the other Contracting State, that activity shall be
treated according to the provisions of Article 6.3 if the person
is a resident of the first Contracting State and according to the provisions
of Article 6.1 or 6.2 in any other case.
- With respect to Article 10.2, the duration of residence of a
United States national in Switzerland shall be considered as uninterrupted
by a sojourn outside the territory of Switzerland for a period not exceeding
two months within a period of one year.
- With respect to Article 11.1, a United States national shall
be considered to have a record of current coverage under United States
laws if he is entitled to a benefit under such laws or has credit for
at least four quarters of coverage under such laws during a period of
eight calendar quarters ending with the calendar quarter (a) in
which the insured event occurs according to Swiss laws or (b) immediately
preceding the calendar quarter in which the insured event occurs according
to Swiss laws.
- Article 11.1 notwithstanding, United States nationals with a
disability inferior to 66 2/3 percent may claim an ordinary pension
of the Swiss Disability Insurance only as long as they are currently
affiliated with Swiss Old-Age, Survivors and Disability Insurance at
the date the insured event occurs.
- United States nationals not domiciled in Switzerland who have to
give up their gainful activity in Switzerland because of an injury or
disease and who stay in Switzerland until the insured event occurs,
are considered as being currently affiliated with Swiss laws and may
claim benefits of the Disability Insurance. They shall have to pay contributions
to Old-Age, Survivors and Disability Insurance as if they were domiciled
in Switzerland.
- With respect to Article 12, the duration of residence of a United
States national in Switzerland shall be considered as uninterrupted
by a sojourn outside the territory of Switzerland for a period not exceeding
three months within a calendar year. However, a period of residence
in Switzerland during which a United States national has been exempt
from coverage under Swiss laws shall not be considered in determining
if the period of residence required under Article 12 has been completed.
- The refund of contributions paid under Swiss laws, carried out in
accordance with Swiss laws on the refund of contributions to foreigners
and stateless persons, shall not bar the payment of extraordinary pensions
in accordance with Article 12; provided, however, that contributions
refunded shall be charged against benefits to be paid.
- With respect to Article 13, in accordance with section 233(c)(3)
of the United States Social Security Act, the Agreement shall not apply
to entitlement to hospital insurance benefits provided under sections
226 and 226A of that Act.
- Article 13 shall also apply to nationals of a State other than
a Contracting State who are not included among the persons referred
to in Article 3(d).
- With respect to Switzerland, appeals which must be filed within a
given period of time with a tribunal in Switzerland shall be considered
to have been timely filed if it is shown that the appeal has been filed
within such period with the agency or a court in the United States.
DONE at Washington on July 18, 1979, in duplicate, in the English
and French languages, both texts being equally authentic.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
Joseph A. Califano, Jr.
FOR THE SWISS FEDERAL COUNCIL:
Raymond Probst
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ADMINISTRATIVE
AGREEMENT
FOR THE IMPLEMENTATION OF THE AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND THE SWISS CONFEDERATION
ON SOCIAL SECURITY
OF JULY 18, 1979
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In conformity with Article 14(a) of the Agreement on Social
Security concluded on July 18, 1979 between the United States of
America and Switzerland, hereinafter referred to as "the Agreement",
the following provisions have been agreed upon:
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Chapter 1
General Provisions
Article 1
Terms used in this Administrative Agreement shall have the same meaning
as in the Agreement.
Article 2
The Swiss Competent Authority or, with its consent, the Swiss liaison
agency, and the United States liaison agency shall agree upon joint administrative
measures and forms necessary for the implementation of the Agreement and
this Administrative Agreement.
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Chapter 2
Provisions Concerning the Applicable Laws
- In cases where Article 6.2 of the Agreement applies, the agency
of the Contracting State whose laws are applicable shall issue upon
request of the employer a certificate stating that the concerned employee
remains subject to these laws. The certificate shall be proof that the
employee is exempt from the laws on compulsory coverage of the other
Contracting State.
- The certificate referred to in paragraph 1 shall be issued:
In the United States: By the Social Security Administration.
In Switzerland: By the competent compensation fund of the Old-Age and
Survivors Insurance.
- Requests for an extension of the period of detachment shall be submitted
to the Competent Authority or, with its authorization, to the liaison
agency of the Contracting State from whose territory the employee is
sent. The Competent Authorities shall communicate their decisions to
the appropriate agencies of their respective countries.
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Chapter 3
Provisions Concerning Benefits
Article 4
- In cases where Article 18 of the Agreement applies the liaison
agency of the Contracting State which has received an application for
benefits under its laws shall inform the liaison agency of the other
Contracting State of this fact without delay, using forms established
for this purpose. It shall also transmit documents and such other available
information as may be necessary for the agency of the other Contracting
State to establish the right of the applicant to benefits according
to the provisions of Part IV of the Agreement. In the case of an
application for disability benefits it shall, in particular, transmit
all relevant medical evidence in its possession concerning the disability
of the applicant.
- The liaison agency of a Contracting State which receives an application
filed with an agency of the other Contracting State shall without delay
provide the liaison agency of the other Contracting State with such
evidence and other available information as may be required to complete
action on the claim.
- The agency of the Contracting State with which an application for
benefits has been filed shall verify the accuracy of the information
pertaining to the applicant and his family members. The types of information
to be verified shall be agreed upon by the liaison agencies.
Article 5
In the application of Article 13 of the Agreement, the Swiss liaison
agency shall notify the United States liaison agency of the months in
which a person completed periods of coverage under Swiss laws. A record
of the total number of months of coverage in specific calendar years shall
be provided where the actual months of coverage are not known.
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Chapter 4
Miscellaneous Provisions
Article 6
In accordance with measures to be agreed upon pursuant
to Article 2 of this Administrative Agreement, the agency of one
Contracting State shall, upon request of the agency of the other Contracting
State, furnish available information relating to the claim of any specified
individual for the purpose of administering the Agreement or the laws
specified in Article 2.1 of the Agreement.
Article 7
Copies of documents which are certified as true and exact copies by the
agency of one Contracting State shall be accepted as true and exact copies
by the agency of the other Contracting State, without further certification.
The agency of each Contracting State shall be the final judge of the probative
value of the evidence submitted to it from whatever source.
Article 8
The liaison agencies of the two Contracting States shall exchange statistics
on the payments made to beneficiaries under the Agreement for each calendar
year in a form to be agreed upon. The data shall include the number of
beneficiaries and the total amount of benefits, by type of benefit.
Article 9
- Where administrative assistance is requested under Article 15
of the Agreement, expenses other than regular personnel and operating
costs of the Competent Authorities and agencies providing the assistance
shall be reimbursed.
- Where the agency of a Contracting State requires that a claimant
or beneficiary submit to a medical examination, such examination, if
requested by that agency, shall be arranged by the agency of the other
Contracting State in which the claimant or beneficiary resides, in accordance
with the rules of the agency making the arrangements and at the expense
of the agency which requests the examination.
- Upon request, the agency of either Contracting State shall furnish
without expense to the liaison agency of the other Contracting State
any medical information and documentation in its possession relevant
to the disability of the claimant or beneficiary.
- Amounts owed under paragraphs 1 and 2 shall be reimbursed upon presentation
of a detailed statement of expenses.
Article 10
Unless authorized by the national statutes of a Contracting State, information
about an individual which is transmitted in accordance with the Agreement
to that Contracting State by the other Contracting State shall be used
exclusively for purposes of implementing the Agreement. Such information
received by a Contracting State shall be governed by the national statutes
of that Contracting State for the protection of privacy and confidentiality
of personal data.
Article 11
This Administrative Agreement shall enter into force on the date of entry
into force of the Agreement and shall have the same period of validity.
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DONE, at Bern on December 20th, 1979, in
duplicate in the English and French languages, both texts being equally
authentic.
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For the Government of the United States of America:
RICHARD D. VINE
For the Swiss Federal Social Insurance Office:
ALBERT GRANACHER
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