RESTRICTED  
  
WT/BFA/W/298/Rev.1  
6 September  2016 
(16-4734) Page: 1/40 
Committee on Budget, Finance and Administration  Original:  French  
 
  CH, GE, WTO, FIPOI, ADAPTATION OF THE INFRASTRUCTURE   
CONTRACT,  CANCELLATION AND CREATION OF  
THREE SURFACE RIGHTS AND EASEMENTS  
Revision  
 
_______________  
 
 
The following communication  represents the certified copy of the above -mentioned deed1, 
drawn up  on 29 August  2013 and  validated  by the Geneva Land Register on 7 August  2015. This 
document is authentic in French only . 
                                                
1 This deed replaces the document circulated at the request of the FIPOI on 23  May 2013 
(WT/BFA/W/298).  WT/BFA/W/298/Rev.1  
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 SWISS CONFEDERATION/ STATE OF GENEVA/WTO/ FIPOI  
ADAPTATION OF THE IN FRASTRUCTURE CONTRAC T, CANCELLATION 
AND CREATION OF THRE E SURFACE RIGHTS AND  EASEMENT S 
Maître Robert -Pascal FONTANET,  
Notary  WT/BFA/W/298/Rev.1  
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  ON THE  TWENTY -NINTH DAY OF AUGUST OF THE YEAR TWO THOUSAND AND THIRTEEN , 
 
Before the undersigned Maî tre R obert -Pascal FONTANET, notary , with offices  at 
57 rue du Rhône,  Geneva,  
 
THERE APPEARED : 
 
1. Mrs  Eveline WIDMER -SCHLUMPF, of Felsberg (Canton of Grisons) and Mönchaltorf (Canton of 
Zurich), Head of the Federal Department of Finance , at Bern, 
 
acting f or these presents on behalf and for the account of the SWISS CONFEDERATION , 
 
being fully empowered for the purpose of these presents, as follows from the Decision of the 
Federal Council of the twenty -sixth day of June of the year two  thousand  and thirteen , a certified 
copy of which remains attached to this deed (Annex No. 1), 
 
hereinafter called "the SWISS CONFEDERATION ", 
 
party of the first part , 
 
2. Mr François LONGCHAMP, of Collonge -Bellerive, State Councillor , Head of the  Urban Planning 
Department , at Geneva, 
 
acting for these presents on behalf and for the account of the STATE, that is , the REPUBLIC AND 
CANTON OF GENEVA , 
 
being fully empowered for the purpose of these presents, as follows from the Decree of the 
Council  of State of the twenty -fourth day of July of the year two  thousand  and thirteen , a certified 
copy of which remains attached to this deed (Annex No. 2), and from the regulations relating to 
the signature of officially recorded and other deeds concerning real property,  
 
hereinafter called th e "STATE ", 
 
party of the second part , 
 
3. Mr Pascal LAMY, a French national, Director -General of the WORLD TRADE  ORGANIZ ATION, 
domiciled  at 154 rue de Lausanne, 1202 Geneva , 
 
acting on behalf and for the account of the WORLD TRADE ORGANIZATION, at Geneva, an 
intergovernmental organization , 
 
being fully empowered for the purpose of these presents, as follows from the Decision of the 
General Council of the twenty -fourth day of July of the year two  thousand  and thirteen , which 
remains attached to this deed (An nex No. 3), 
 
hereinafter called the "WTO ", 
 
 party of the third part , 
 
4. Mr Alexandre FASEL, of Fribourg, Chair of the Foundation Council , at Geneva, 
 
and Mr François REINHARD, of Geneva, Director , at Lancy,  
 
acting on behalf and for the account of the FO UNDATION FOR BUILDINGS FOR INTERNATIONAL 
ORGANISATIONS (FIPOI ) (CH -660-0069965 -0), with headquarters at Geneva , 
 
being fully empowered for the purpose of these presents, as follows from the entries recorded in 
the Commercial Register , 
 
hereinafter called t he "FIPOI ", 
 
party of the fourth part , WT/BFA/W/298/Rev.1  
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The parties here appearing first recall the following : 
 
PRELIMINARY STATEMENT OF FACTS  
 
A. INFRASTRUCTURE CONTRACT  
 
The parties begin by recalling that, under the terms of a deed drawn up on 2 June 1995 by the 
unders igned notary entitled " INFRASTRACTURE CONTRACT " (hereinafter called the "deed of 
2 June 1995" or "infrastructure contract"), recorded in the Land Register under P.j. 1269 of 
8 February  2010, the surface right registered in 1974 on sheet No. 4046 of the Com mune of 
Geneva, Petit -Saconnex section, for the benefit of the FIPOI, was cancelled and three new surface 
rights were created and then assigned to the FIPOI, respectively to the WTO . 
 
They also recall that, although almost 15 years elapsed between the time  of drawing up  the deed 
and its recording in the Land Register, this was owing to the fact that the latter was subject to the 
fulfilment of conditions precedent, one of which was the granting of a loan for works by the 
Grand  Council of the Republic and Can ton of Geneva for the car park mentioned under letter "K" of 
the deed, which only occurred in 2010 following the entry into force of "Law 10486 of the 
Grand  Council granting an investment credit of Sw.fr.  26,934,000 to build a car park with 
400 spaces for the World Trade Organization (WTO)".  
 
The WTO thus acquired DDP (separate and permanent right " droit distinct et permanent ") 
No. 4542 encumbering plot 246 ("Centre William Rappard", also designated by the initials "CWR") 
in the Commune of Geneva, Petit -Saconnex section, described in more detail below . 
 
The FIPOI, for its part, acquired the following surface rights : 
 
(a) DDP No. 4543 encumbering plots 246 and 247 ("Conference room") in the Commune of 
Geneva, Petit -Saconnex section, described in more detail b elow; and 
 
(b) DDP No. 4544 encumbering plot 246 (so -called "gardener's house") in the Commune of 
Geneva, Petit -Saconnex section, described in more detail below . 
 
B. EXCHANGE  
 
The parties recall furthermore that, under a deed drawn up on 3 0 November  2010 b y the 
undersigned notary entitled "EXCHANGE", recorded in the Land Register under P.j. 13107 of 
9 December  2010, the STATE and the SWISS CONFEDERATION altered the boundaries of former 
plots 245 and 246 of the Commune of Geneva, Petit -Saconnex section, by m eans of a 
metre -for-metre exchange intended to permit the fulfilment of the present deed . 
 
Thenceforward, the plot owned by the SWISS CONFEDERATION has borne the number 5409, while 
the plot owned by the STATE, on which the CWR is situated, bears the number  5410. 
 
C. AGREEMENT OF  1 AUGUST  2008  
 
Lastly, the parties recall that, on 1 August  2008, the SWISS CONFEDERATION and the WTO signed 
an Agreement on the long -term housing needs of the Organization (hereinafter called "the 
Agreement of 1 August  2008").  
 WT/BFA/W/298/Rev.1  
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  D. The SWISS  CONFEDERATION  is recorded in the Land Register as the sole owner of the 
property comprising the following registered plot : 
 
1.1. Property  
 
Commune of Geneva, Petit -Saconnex section  
 
"132, rue de Lausanne " 
 
Plot 5409 
No. A559 University   area 371 m2 
No. A567 Offices   area 63 m2 
No. A666 Single housing unit  area 78 m2 
No. A667 Single housing unit  area 117 m2 
No. A668 Single housing unit  area 117 m2 
No. A669 Single housing unit  area 118 m2 
No. A670 Single housing unit  total area  247 m2 
No. 2514 SIG technic al installation s for electricity  area 2 m² 
No. 2190 Part of u nderground technical  installations for water  area 119 m²  
No. A762 Underground building  area 231 m2 
Total area of the plot  45,405 m2 
Hereinafter called : the building . 
1.2. Origin of ownersh ip 
The SWISS CONFEDERATION is the owner of the building by virtue of having acquired it under the 
will of Mrs Victoria BARTON née PEEL, as attested by a deed of bequest recorded in the 
Land Register under P.j.A 801 of 1 July 1937, and under the terms of th e aforementioned deed 
of exchange . 
1.3. Mentions  
There are no mentions regarding the building in the Land Register . 
1.4. Annotations  
There are no annotations regarding the building in the Land Register . 
1.5. Easements and land charges  
The building is not s ubject to any easement or land charge in the Land Register other than 
the following : 
(a) incumbent on plot 5409 , for the benefit of plots 5425, 5426 (formerly 5256), 5296 and 
5343, and of HORIZON NORTH SA of Geneva, HORIZON SOUTH SA of Geneva, and for 
the benefit of SERVICES INDUSTRIELS DE GENEVE, a publicly  owned enterprise of 
Geneva, a surface easement over the subsoil of plot 245 (pumping station), not WT/BFA/W/298/Rev.1  
- 6 - 
  registered as a separate and permanent right or time -bound, recorded under P.j. 13287 
of 12 December  2006, since amended  (RS 69607, ID.2007/001914);  
(b) incumbent on plot 5409 , for the benefit of plots 5 425, 5426, 5296  and 5343, and of 
HORIZON NORTH SA of Geneva, HORIZON SOUTH SA of Geneva, and for the benefit of 
SERVICES INDUSTRIELS DE GENEVE, a publicly  owned enterprise of Geneva, a pipeline 
easement, recorded under P.j. 13287 of 1 2 December  2006, since amended (RS 69608, 
ID.2007/001919);  
(c) incumbent on plot 5409 , for the benefit of SERVICES INDUSTRIELS DE GENEVE, a 
publicly  owned enterprise of Geneva, a  surface easement (wiring point), recorded under 
P.j. 8388 of 1 4 August  2009 (RS 76401, I D.2009/007111);  
(d)  incumbent on plot 5409 , for the benefit of SERVICES INDUSTRIELS DE GENEVE, a 
publicly  owned enterprise of Geneva, a surface  easement ( transformer substation ), 
recorded under P.j. 8388 of 1 4 August  2009 (RS 76402, ID.2009/007112) ; 
(e)  incumbent on plot 5409 , for the benefit of SERVICES INDUSTRIELS DE GENEVE,  a 
publicly  owned enterprise of Geneva, a cable duct easement (electricity), recorded  under 
P.j. 8388 of 1 4 August  2009 (RS 76403, ID.2009/007113) ; 
(f)  incumbent on plot 5409  in particular, for the benefit of the separate and permanent  
surface right registered on sheet No. 4542, a r ight of way for pedestrians and vehicles, 
recorded under P.j. 126 9 of 8 February  2010 (RS 77339, ID.2010/001942) ; 
(g)  incumbent on plot 5409  in particular, for the benefit of the separate and permanent  
surface right registered on sheet No. 4542, a pi peline easement, recorded under 
P.j. 1269 of 8 February  2010 (RS 77340 , ID.2010/001943) ; 
(h)  incumbent on plot 5409  in particular, for the benefit of plots 5410, 247 and the separate 
and permanent surface rights registered on sheets Nos. 4542 and 4543, a pipeline 
easement (waste water), recorded under P.j. 1269 of 8 Februar y 2010 (RS 77343, 
ID.2010/001946) ; and 
(i)  incumbent on plot 5409, for the benefit of SERVICES INDUSTRIELS DE GENEVE, a 
publicly  owned enterprise of Geneva , an easement  for the  laying , maintenance and  
upkeep  of underground  pipelines  (lake water ), being re corded  in the Land Register under 
P.j. 8886 of 13 September  2012. 
1.6. Mortgages  
The building  is not the subject of any mortgage in the Land Register . 
1.7. Zone 
The notary declares that, according to the attached attestation (Annex No. 4), the building is 
situated in a green zone . WT/BFA/W/298/Rev.1  
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  E. The STATE OF GENEVA  is registered in the Land Register as the sole owner of the building s 
comprising the following registered plots : 
2.1. Property  
Commune of Geneva, Petit -Saconnex section  
"154 rue de Lausanne and 37 chemin de Tuileries " 
Plot 5410 
No. A581 IGO offices incorporated into DDP No. 4542  area 5,157 m2 
No. A584 Storage premises incorporated into  DDP No. 4544 area 87 m2 
No. A625 Storage premises incorporated into  DDP No. 4544 area 178 m2 
No. A641 Storage premises incor porated into  DDP No. 4544 area 83 m2 
No. A664 IGO offices incorporated into  DDP No. 4542 area 1,231 m2 
No. A726 SIG technical installation for electricity  area 55 m2 
No. A759 Part of the IGO offices incorporated into  DDP No. 4543 area 887 m2 
No. A727 Under ground building incorporated  into DDP No. 4542 area 55 m2 
No. A760 Part of underground building incorporated into   
DDP No. 4543 area 898 m²  
No. A761 Underground building incorporated  into DDP No. 4542 area 102 m2 
Total area of the plot  33,574 m2 
Hereinafte r called : the building . 
2.2. Origin of ownership  
The STATE is the owner of the building by virtue of having acquired it from the FIPOI, as attested 
by the deed of transfer recorded in the Land Register under P.j.A 3241 of 2 9 November  1974, and 
under the te rms of the aforementioned deed of exchange . 
2.3. Mentions  
There are no mentions regarding the building in the Land Register . 
2.4. Annotations  
There are no annotations regarding the building in the Land Register other than the following : 
(a)  special terms  for the right of reversion, entered under P.j. 1269 of 8 February  2010 
(ID.2010/001909) ; 
(b) cancellation of the surface owner's statutory right of pre -emption , entered under 
P.j. 1269 of 8 February  2010 (ID. 2010/001910) ; 
(c)  special terms for the righ t of reversion, entered under P.j. 1269 of 8 February  2010 
(ID.2010/001912) ; WT/BFA/W/298/Rev.1  
- 8 - 
  (d)  cancellation of the surface owner's statutory right of pre -emption, entered under 
P.j. 1269 of 8 February  2010 (ID.2010/001914) ; 
(e) special terms for the right of reversion,  entered under P.j. 1269 of 8 February  2010 
(ID.2010/001916) ; and 
(f)  cancellation of the surface owner's statutory right of pre -emption, entered under 
P.j. 1269 of 8 February  2010 (ID.2010/001918).  
2.5. Easements and land charges  
The building is not subj ect to any easement or land charge in the Land Register other than 
the following : 
(a)  incumbent on plot 5410 , for the benefit of SERVICES INDUSTRIELS DE GENEVE, a 
publicly  owned enterprise of Geneva, an easement in respect of use of a transformer 
substati on building until 2 8 November  2073, recorded under P.j.D 262 of 
24 November  1976 (RS 39495, ID.2004/038867) ; 
(b)  incumbent on plot 5410 , for the benefit of SERVICES INDUSTRIELS DE GENEVE, a 
publicly  owned enterprise of Geneva, an electricity cable duct ea sement until 
28 November  2073, recorded under P.j.D 262 of 2 4 November  1976 (RS 39496, 
ID.2004/038868) ; 
(c)  incumbent on plot 5410  in particular, for the benefit of the separate and permanent 
surface right registered on sheet No. 4542, a right of way for pedestrians and vehicles, 
recorded under P.j. 1269 of 8 February  2010 (RS 77339, ID.2010/00194 2); 
(d)  incumbent on plot 5410  in particular, for the benefit of the separate and permanent 
surface right registered on sheet No. 4542, a pipeline easement, reco rded under 
P.j. 1269 of 8 February  2010 (RS 77340, ID.2010/001943) ; 
(e)  incumbent on plot 5410  in particular, for the benefit of the separate and permanent 
surface rights registered on sheets Nos. 4542 and 4543, a right of way for pedestrians 
and vehicles  (parking right), recorded under P.j. 1269 of 8 February  2010 (RS 77341, 
ID.2010/001944) ; 
(f)  incumbent on plot 5410  in particular, for the benefit of the separate and permanent 
surface rights registered on sheets Nos. 4542 and 4543, a pipeline easement, recorded 
under P.j. 1269 of 8 February  2010 (RS 77342, ID.2010/001945) ; 
(g)  incumbent on plot 5410  in particular, for the benefit of the separate and permanent 
surface rights registered on sheets Nos. 4542 and 4543 and of plot 247, and for the 
benefit of plot 5410  in particular, over plot 5409, a pipeline easement (waste water), 
recorded under P.j. 1269 of 8 February  2010 (RS 77343, ID.2010/001946) ; 
(h)  incumbent on plot 5410  in particular, for the benefit of the separate and permanent 
surface right regis tered on sheet No. 4543, a pipeline easement (rain water), recorded 
under P.j. 1269 of 8 February  2010 (RS 77344, ID.2010/001947) ; 
(i)  incumbent on plot 5410  in particular, for the benefit of plot 247, a right of way for 
pedestrians and vehicles, recorded  under P.j. 1269 of 8 February  2010 (RS 77345, 
ID.2010/001948) ; 
(j)  incumbent on plot 5410  in particular, for the benefit of plot 247, a pipeline easement, 
recorded under P.j. 1269 of 8 February  2010 (RS 77346, ID.2010/001949) ; 
(k)  incumbent on plot 5410 , for the benefit of the separate and permanent surface right 
registered on sheet No. 4542, an easement in respect of use as a car park, recorded 
under P.j. 1269 of 8 February  2010 (RS 77352, ID.2010/001955) ; WT/BFA/W/298/Rev.1  
- 9 - 
  (l)  incumbent on plot 5410 , a surface easement  registered on sheet No. 4542 as a separate 
and permanent right until 4 February  2109, recorded under P.j. 1269 of 8 February  2010 
(RS 77336, ID.2010/001908) ; 
(m) incumbent on plot 5410 , a surface easement registered on sheet No. 4543 as a separate 
and per manent right until 4 February  2109, recorded under P.j. 1269 of 8 February  2010 
(RS 77337, ID.2010/001911) ; and 
(n) incumbent on plot 5410 , a surface easement registered on sheet No. 4544 as a separate 
and permanent right until 4 February  2109, recorded un der P.j. 1269 of 8 February  2010 
(RS 77338, ID.2010/001915).  
2.6. Mortgages  
The building is not the subject of any mortgage in the Land Register . 
2.7. Zone 
The notary declares that, according to the attached attestation (Annex No. 4), the building is 
situated partly in a green zone and partly in zone 3. 
3.1. Property 
Commune of Geneva, Petit -Saconnex section  
"182, rue de Lausanne " 
Plot 247 
No. A591 Building   area 39 m2 
No. A592  Kindergarten   area 174 m2 
No. A593 Private school   area 77 m²  
No. A594 IGO offi ces  area 8 m2 
No. A595 IGO offices   area 23 m2 
No. A596 IGO offices   area 38 m2 
No. A686 Kindergarten   area 209 m2 
No. A759 IGO offices incorporated into DDP No. 4543 
 (total area 2,122 m2, over several buildings )  area 1,235 m2 
No. A760 Underground build ing incorporated into  DDP No. 4543 
 (over several buildings )   total area  1,332 m2 
Total area of the plot  13,414 m2 
Hereinafter called : the building . 
3.2. Origin of ownership  
The STATE is the owner of the building by virtue of having acquired it from the I NTERNATIONAL 
LABOUR ORGANIZATION, as attested by the deed of exchange recorded in the Land Register under 
P.j.A 1519 of 8 July 1975. WT/BFA/W/298/Rev.1  
- 10 - 
  3.3. Mentions  
There are no mentions regarding the building in the Land Register . 
3.4. Annotations  
There are no annotations regarding the building in the Land Register other than the following : 
(a) special terms for the right of reversion, entered under P.j. 1269 of 8 February  2010 
(ID.2010/001912) ; and 
(b) cancellation of the surface owner's statutory right of pre -emption, ent ered under 
P.j. 1269 of 8 February  2010 (ID. 2010/001914).  
3.5. Easements and land charges  
The building is not subject to any easement or land charge in the Land Register other than 
the following : 
(a)  incumbent on plot 247  in particular, for the benefit o f the separate and permanent  surface 
rights registered on sheets Nos. 4542 and 4543, a right of way for pedestrians  and 
vehicles (parking right), recorded under P.j. 1269 of 8 February  2010 
(RS 77341 , ID.2010/001944);  
(b)  incumbent on plot 247  in particul ar, for the benefit of the separate and permanent surface 
rights registered on sheets Nos. 4542 and 4543, a pipeline easement, recorded under 
P.j. 1269 of 8 February  2010 (RS 77342, ID.2010/001945);  
(c)  incumbent on plot 247  in particular, for the benefit  of the separate and permanent surface 
right registered on sheet No. 4543, and for the benefit of plot 247  in particular, over plots 
5409 and 5410, a pipeline easement (waste water), recorded under P.j. 1269 of 
8 February  2010 (RS 77343, ID.2010/001946);  
(d)  over plot 247  in particular, for the benefit of the separate and permanent surface right 
registered on sheet No. 4543, a pipeline easement (rain water), recorded under P.j. 1269 
of 8 February  2010 (RS 77344, ID.2010/001947);  
(e)  for the benefit of plo t 247 , over plot 5410 and the separate and permanent surface right 
registered on sheet No. 4543, a right of way for pedestrians and vehicles, recorded under 
P.j. 1269 of 8 February  2010 (RS 77345 , ID.2010/001948) ; 
(f)  for the benefit of plot 247 , over plo t 5410 and the separate and permanent surface right 
registered on sheet No. 4543, a pipeline easement, recorded under P.j. 1269 of 
8 February  2010 (RS 77346 , ID.2010/001949) ; and 
(g)  incumbent on plot 247  in particular, a surface easement registered on sh eet No. 4543 as a 
separate and permanent right, until 4 February  2109, recorded under P.j. 1269 of 
8 February  2010 (RS 77337 , ID.2010/001911).  
3.6. Mortgages  
The building is not the subject of any mortgage in the Land Register . 
3.7. Zone 
The notary declare s that, according to the attached attestation (Annex No. 4), the building is 
situated partly in a green zone and partly in zone 3 . WT/BFA/W/298/Rev.1  
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  F. The WORLD TRADE ORGANIZATION  is registered in the Land Register as the sole owner of 
the building comprising the separate and permanent right registered as follows : 
4.1. Property 
Commune of Geneva, Petit -Saconnex section  
"Mon-Repos " 
DDP No. 4542 
No. A581 IGO offices  area 5,157 m2 
No. A664 IGO offices  area 1,231m2 
No. A727 Underground building  total area  55 m²  
No. A761 Undergr ound building  total area  102 m²  
Total area of the surface right  9,999 m2 
Hereinafter called : the building . 
4.2. Origin of ownership  
The WTO is the owner of the surface right by virtue of having acquired it from the STATE, as 
attested by the deed constituti ng a surface easement received by the undersigned notary on 
2 June 1995, registered as a separate and permanent right in the Land Register under P.j. 1269 of 
8 February  2010. 
4.3. Mentions  
There are no mentions regarding the building . 
4.4. Annotations  
There are no annotations regarding the building in the Land Register other than the following : 
(a) special terms for the right of reversion, entered under P.j. 1269 of 8 February  2010 
(ID.2010/001909) ; and 
(b) cancellation of the surface owner's statutory righ t of pre -emption, entered under P.j. 1269 
of 8 February  2010 (ID. 2010/001910).  
4.5. Easements and land charges  
The building is not subject to any easement or land charge in the Land Register other than 
the following : 
(a)  incumbent on DDP No. 4542, for th e benefit of the separate and permanent surface right 
registered on sheet No. 4543, and for the benefit of DDP No. 4542, over plots 5409 and 
5410, a pipeline easement (waste water), recorded under P.j. 1269 of 8 February  2010 
(RS 77343, ID.2010/001946) ; 
(b)  for the benefit of DDP No. 4542, over plots 5409 and 5410, a right of way for pedestrians 
and vehicles, recorded under P.j. 1269 of 8 February  2010 (RS 77339, ID.2010/001942) ; 
(c)  for the benefit of DDP No. 4542, over plots 5409 and 5410, a pipeline ea sement, 
recorded under P.j. 1269 of 8 February  2010 (RS 77340, ID.2010/001943) ; WT/BFA/W/298/Rev.1  
- 12 - 
  (d)  for the benefit of DDP No. 4542, over plots 5410 and 247, a right of way for pedestrians 
and vehicles (parking right), recorded under P.j. 1269 of 8 February  2010 
(RS 77341, ID.2010/001944) ; 
(e)  for the benefit of DDP No. 4542, over plots 5410 and 247, a pipeline easement, recorded 
under P.j. 1269 of 8 February  2010 (RS 77342, ID.2010/001945) ; and 
(f)  for the benefit of DDP No. 4542, over plot 5410, an easement in respect  of use as a ca r 
park, recorded under P.j. 1296  of 8 February  2010 (RS 77352, ID.2010/001955).  
4.6. Mortgages  
The building is not the subject of any mortgage in the Land Register . 
G. The FOUNDATION FOR BUILDINGS FOR INTERNATIONAL ORGANISATIONS  (FIPOI ) is 
registered in the Land Register as the sole owner of the buildings comprising the  separate and 
permanent rights registered as follows : 
5.1. Property  
Commune of Geneva, Petit -Saconnex section  
"Mon-Repos " 
DDP No. 4543 (" Conference room ") 
No. A759 IGO offices 
(over several buildings )  total area  2,122 m2 
No. A760 Underground building  
(over several buildings )  total area  1,332 m2 
Total area of the surface right  2,592 m2 
Hereinafter called : the building . 
5.2. Origin of ownership  
The FIPOI is the owner of the surf ace right by virtue of having acquired it from the STATE, as 
attested by the deed constituting a surface easement received by the undersigned notary on 
2 June 1995, registered as a separate and permanent right in the Land Register under P.j. 1269 of 
8 February 2010. 
5.3. Mentions  
There are no mentions regarding the building . 
5.4. Annotations  
There are no annotations regarding the building in the Land Register other than the following : 
(c) special terms for the right of reversion, entered under P.j. 1269 of 8 February  2010 
(ID.2010/001912) ; and 
(d)  cancellation of the surface owner's statutory right of pre -emption, entered under P.j. 1269 
of 8 February  2010 (ID. 2010/001914).  WT/BFA/W/298/Rev.1  
- 13 - 
  5.5. Easements and land charges  
The building is not subject to any easement or land  charge in the Land Register other than 
the following : 
(a)  over DDP No. 4543, for the benefit of plot 247, a right of way for pedestrians and vehicles, 
recorded under P.j. 1269 of 8 February  2010 (RS 77345, ID.2010/001948) ; 
(b)  over DDP No. 4543, for the  benefit of plot 247, a pipeline easement, recorded under 
P.j. 1269 of 8 February  2010 (RS 77346, ID.2010/001949) ; 
(c)  for the benefit of DDP No. 4543, over plots 5410 and 247, a right of way for pedestrians 
and vehicles (parking right), recorded under P. j. 1269 of 8 February  2010 
(RS 77341,  ID.2010/001944) ; 
(d)  for the benefit of DDP No. 4543, over plots 5410 and 247, a pipeline easement, recorded 
under P.j. 1269 of 8 February  2010 (RS 77342, ID.2010/001945) ; 
(e)  for the benefit of DDP No. 4543, over pl ots 5409, 5410 and 247 and over the separate and 
permanent right registered on sheet No. 4542, a pipeline easement (waste water), 
recorded under P.j. 1269 of 8 February  2010 (RS 77343, ID.2010/001946) ; and 
(f)  for the benefit of DDP No. 4543, over plots 5 410 and 247, a pipeline easement 
(rain water), recorded under P.j. 1269 of 8 February  2010 (RS 77344, ID.2010/001947).  
5.6. Mortgages  
The building is not the subject of any mortgage in the Land Register . 
6.1. Property  
DDP No. 4544 (so-called "gardener's ho use") 
No. A584 Storage premises  area 87 m2 
No. A625 Storage premises  total area  178 m2 
 (over several buildings ) 
No. A641 Storage premises  total area    83 m2 
 (over several buildings ) 
Total area of the surface right  284 m2 
Hereinafter called : the building . 
6.2. Origin of ownership  
The FIPOI is the owner of the surface rights by virtue of having acquired them from the STATE, as 
attested by the deed constituting a surface easement received by the undersigned notary on 
2 June 1995, registered as a separate and  permanent right in the Land Register under P.j. 1269 of 
8 February  2010. 
6.3. Mentions  
There are no mentions regarding the building . WT/BFA/W/298/Rev.1  
- 14 - 
  6.4. Annotations  
There are no annotations regarding the building in the Land Register other than the following : 
(a) specia l terms for the right of reversion, entered under P.j. 1269 of 8 February  2010 
(ID.2010/001916) ; and 
(b) cancellation of the surface owner's statutory right of pre -emption, entered under P.j. 1269 
of 8 February  2010 (ID. 2010/001918).  
6.5. Easements and la nd charges  
The building is not subject to any easement or land charge in the Land Register other than 
the following : 
(a)  over DDP No. 4544, for the benefit of the WTO – WORLD TRADE ORGANIZATION (OMC - 
ORGANISATION MONDIALE DU COMMERCE) (OMC – ORGANIZACIÓN  MUNDIAL DEL 
COMERCIO), international organization in Geneva, an easement in respect of use as a 
garage and storage premises, recorded under P.j. 1269 of 8 February  2010 (RS 77349, 
ID.2010/001952) ; and 
(b)  over DDP No. 4544, for the benefit of the WTO – WORLD TRADE ORGANIZATION (OMC - 
ORGANISATION MONDIALE DU COMMERCE) (OMC – ORGANIZACIÓN MUNDIAL DEL 
COMERCIO), international organization in Geneva, an easement in respect of use as a car 
park, recorded under P.j. 1269 of 8 February  2010 (RS 77350, ID.2010/0 01953).  
6.6. Mortgages  
The building is not the subject of any mortgage in the Land Register . 
H. PURPOSE OF THE DEED  
Under the terms of this deed, in fulfilment of the Agreement reached on 1 August  2008, it 
is agreed : 
1. to adapt the infrastructure contract ; 
2. to cancel the separate and permanent surface rights mentioned above, Nos. 4542, 4543 
and 4544 ; 
3. to create in their stead or place a new surface right , No. 5442, for the benefit of the  FIPOI ; 
4. to create in their stead or place a new surface right, No. 5443, for the benefit of the WTO 
(CWR ); 
5. to create a new surface right, No. 5457, for the benefit of the WTO 
(extramuros  extension ); 
6. to adapt and create the necessary easements, in particular for establishing the security 
perimeter for the WTO ; 
7. to create two contractual rights of pre -emption , one for the benefit of the  STATE OF 
GENEVA  and the other for the benefit of the  SWISS CONF EDERATION ; and 
8. the foregoing to be followed by a chapter entitled "Final Clauses" . WT/BFA/W/298/Rev.1  
- 15 - 
  I. RECORD OF TRANSFER AND DRAW INGS  
For the following purposes, the parties here appearing have had compiled by Messrs . NEY & HURNI 
SA, chartered surveyors of Geneva, the record of transfer of ownership No. 46/2010 of 
9 December  2010, amended on  14 March  2011 and verified  on 23 August  2013 ( Annex  No. 5), 
approved by the Planning Board  on 15 December  2010, together with  four easement drawings 
dated  13 June 2013 ( Annex  No. 6). 
An original copy signed by the parties here appearing and legalized by the notary is 
attached  hereto . 
The parties here appearing therefore declare and agree the following : 
AGREEMENT S 
1  ADAPTATION OF THE IN FRASTRUCTURE CONTRAC T 
The provisions of the deed of 2 June 1995 concerning the infrastructure contract remain in force,  
but are adapted and supplemented as follows acc ording to the Agreement of 1 August  2008: 
Deed of 2 June  1995  Additional clauses and adaptations according to the 
Agreement of 1 August 2008  
 
G. FUTURE INFRASTRUCTURE OF THE WTO  
 
If the facilities of the Centre William Rappard 
are no longer sufficient to meet the 
infrastructure needs of the WTO, the latter 
expects that the Swiss Confederation will place 
at its disposal, free of charge, use of other 
premises.  
The Swiss Federal Council takes note of this 
expectation. It declares that it is ready to place 
at the disposal of the WTO the necessary 
facilities on terms that take account of the 
interests of the Organization and correspond to 
Switzerland's policy as a host country.  
The Swiss Federal Council furthermore declares 
that it will enter into negotiations f or this 
purpose with the WTO in good time.  Adaptations:  
G. INFRASTRUCTURE OF THE WTO  
 
In accordance with Article 2 of the Agreement reached on 1 
August 2008, the entire CWR building and technical 
infrastructure will be renovated on the basis of the buildin g 
plan agreed between the WTO and the SWISS 
CONFEDERATION.  
In accordance with Article 3 of the agreement reached on 1 
August 2008, work will be conducted within the CWR to 
adapt and extend the premises within the existing footprint 
on the basis of a buildi ng plan agreed between the WTO and 
the SWISS CONFEDERATION.  
This intramuros adaptation and extension will consist of:  
 
a. creating a central hub in the northern courtyard to 
link up the main conference areas; this space will 
house the services needed for key activities of 
WTO Members;  
b. creating conference rooms in the southern 
courtyard (former IUHEI library);  
c. creating a meeting room on the ground floor 
where the delegates' cafeteria is currently located;  
d. transforming the current WTO library into a  
conference room;  
e. transforming the area located above the WTO 
library into a meeting room.  
 
 WT/BFA/W/298/Rev.1  
- 16 - 
  The extramuros extension will consist mainly of:  
 
a. building a new office building on the current 
parking area in front of the south entrance of the 
CWR; this building will accommodate:  
i. approximately 300 work places for WTO 
staff, together with the necessary 
associated facilities;  
ii. general services such as documents 
reproduction and the library;  
iii. a cafeteria with its production unit;  
iv. the thermal po wer installations serving the 
entire site;  
v. an underground car park for 200 vehicles.  
b. building a covered passageway between the main 
entrance of the CWR building and the William 
Rappard conference room.  
H. DECLARATION OF VALUE  
 
1. By mutual consent, those here appearing, in 
their capacities, declare and acknowledge that 
the total value of the said buildings amounts to 
FIFTY -SIX MILLION SWISS FRANCS (Sw.fr. 56 
million).  
2. The parties certify that this deed states the 
full and entire price (in other wo rds the 
gratuitous nature of the transactions) and that 
this price has not been modified by any other 
arrangement; they also certify that they have 
been informed by the undersigned notary of 
the consequences that would ensue from any 
inaccuracy of this sta tement.  H. DECLARATION OF VALUE  
Additional clauses:  
3. The SWISS CONFEDERATION gives the WTO a non -
repayable amount of FORTY -FIVE MILLION SWISS FRANCS 
(Sw.fr. 45 million) for renovation of the Centre William 
Rappard.  
 
4. The SWISS CONFEDERATION lends to th e FIPOI, so 
that it may lend on to the WTO, an amount of TWENTY 
MILLION SWISS FRANCS (Sw.fr. 20 million) for the 
intramuros construction in the courtyards of the Centre 
William Rappard (intramuros extension / densification ). 
The WTO undertakes to reimburse  this loan on a regular 
basis and within the time -limits prescribed.  
If the surface right is transferred, the unamortized balance 
of the loan from the FIPOI shall be reimbursed to the FIPOI 
in full by the WTO and by the FIPOI to the SWISS 
CONFEDERATION, in  accordance with the terms of the loan 
agreement.  
5. The SWISS CONFEDERATION lends to the FIPOI, so that 
it may lend on to the WTO, an amount of FORTY MILLION 
SWISS FRANCS (Sw.fr. 40 million) for the extramuros 
extension to the new building.  
The WTO under takes to reimburse this loan on a regular 
basis and within the time -limits prescribed.  
If the surface right is transferred, the unamortized balance 
of the loan from the FIPOI shall be reimbursed to the FIPOI 
in full by the WTO and by the FIPOI to the SWISS  
CONFEDERATION, in accordance with the terms of the loan WT/BFA/W/298/Rev.1  
- 17 - 
  agreement.  
If the FIPOI exercises its right of early reversion, the 
unamortized balance of the loan shall be deducted from the 
compensation due . 
 
6. The SWISS CONFEDERATION gives the WTO a non -
repaya ble amount of TEN MILLION SWISS FRANCS 
(Sw.fr. 10 million) to finance the building of the 
underground car park under the extramuros extension 
to the new building .  
7. Lastly, the building of the perimeter protection that was 
the subject of the jury's repor t in the architectural 
competition of 16 September 2010 is financed according to 
the customary distribution of financing for security 
perimeters for international organizations in Geneva, i.e. 
65% by the SWISS CONFEDERATION and 35% by the 
STATE.  
 
I. UNDER TAKING TO SELL AND PURCHASE - 
RIGHT OF EMPTION  
 
 
 
 
 
 
 
 
 
 
 
 
1. If the WTO ceases to use building No. A.581 
in order to use in its stead or place one or more 
other buildings on the territory of the Canton of 
Geneva, the FIPOI undertakes to purchase from 
it, and it undertakes to sell to the FIPOI, the 
said surface right established over plot 246 for 
the minimum price of FIFTY -SIX MILLION 
SWISS FRANCS (Sw.fr. 56 million), not index -
linked and without interest, payable upon 
registration of the said sale in the L and Register.  
The WTO shall furthermore be entitled to 
compensation within the meaning of Article 12 
in respect of the investment of four million 
francs which it has already made in the Centre I. UNDERTAKING TO SELL AN D PURCHASE - 
RIGHT OF EMPTION  
Additional clauses : 
9. The clauses above apply as from this day to the new 
surface right registered on sheet No. 5443 of the Commune 
of Geneva, Petit -Saconnex section (CWR and intramuros 
extension). According to the new number ing of the articles 
on the surface right, the reference to Article 5 relates to 
Article 4.5, that to Article 10(i) relates to Article 4.11.1.13, 
that to Article 11 relates to Article 4.12 and that to Article 12 
relates to Article 4.13.  
10. The following pr ovisions apply to the surface right to be 
registered on sheet No. 5457 of the Commune of Geneva, 
Petit-Saconnex section (extramuros extension):  
10.1 If the WTO ceases to use the said surface right in order 
to use in its stead or place one or more other bui ldings on the 
territory of the Canton of Geneva, the FIPOI undertakes to 
purchase from it, and it undertakes to sell to the FIPOI, the 
said surface right at a price equivalent to the market value, 
according to expert opinion, on the day of sale, of the 
structures and fixed installations paid by the WTO from its 
own funds . 
 
 
 
 
 
 WT/BFA/W/298/Rev.1  
- 18 - 
  William Rappard and of any further 
investments it may make in t he future, which 
shall be taken into account in an adequate 
manner.  
2. As a guarantee of this undertaking, the WTO 
and the FIPOI agree to a right of emption for a 
period of ten (10) years as from this day, 
which shall be noted in the Land Register for 
the longest statutory term.  
3. The WTO accepts forthwith the principle of 
granting to the FIPOI an extension of the right 
of emption established in this deed or a new 
right of emption when this expires, under the 
same conditions, and so on as long as it is the  
owner of the said surface right. These 
extensions, or the establishment of these new 
rights, shall be the subject of officially recorded 
instruments and the costs thereby incurred 
shall be borne by the STATE.  
4. (Article deleted inasmuch as the FIPOI will  
be the owner of the primary surface right.)  
5. The SWISS CONFEDERATION undertakes to 
provide the FIPOI, if and when the occasion 
arises, with the necessary resources for such 
purchase, without prejudice to the grant of a 
payment credit by the Federal Cham bers. 
Failing this, the WTO is forthwith authorized to 
sell the said surface right to a third party, 
provided the latter comes within the objective 
stipulated in the Article 5.  
6. On the other hand, and as stated in Article 
10(i) of the deed of 2 June 1995 , if the WTO 
were to cease to use the said building A.581 
without using in its stead or place one or more 
other buildings on the territory of the Canton of 
Geneva, this would be considered by the FIPOI 
as a cessation of the utilization of the building 
for the purpose of the surface right. 
Accordingly, the FIPOI could exercise its right 
of early reversion as stipulated above in Article 
11. (End of paragraph deleted inasmuch as the 
FIPOI will be the owner of the primary surface 
right. ) 
7. This difference of t reatment is justified by 
the investments that have been made and will 
be made by the STATE in the physical  
 
 
 
10.2. As a guarantee of this undertaking, the WTO and the 
FIPOI agree to a right of emption for a period of ten (10) 
years as from this day, which shall be noted in the Land 
Register for the longest statutory term.  
10.3. The WTO accepts forthwith the principle of granting to 
the FIPOI an extension of the right of emption established in 
this deed or a new right of emption when this expires, under 
the same conditions, and so on as l ong as it is the owner of 
the said surface right. These extensions, or the 
establishment of these new rights, shall be the subject of 
officially recorded instruments and the costs thereby 
incurred shall be borne by the STATE.  
 
 
 
 
 
10.4. The SWISS CONFEDERA TION undertakes to provide 
the FIPOI, if and when the occasion arises, with the 
necessary resources for such purchase, without prejudice to 
the grant of a payment credit by the Federal Chambers. 
Failing this, the WTO is forthwith authorized to sell the sai d 
surface right to a third party, provided that the latter comes 
within the objective stipulated in Article 5.5.  
10.5. On the other hand, if the WTO were to cease to use 
the said surface right without using in its stead or place one 
or more other buildings  on the territory of the Canton of 
Geneva, this would be considered by the FIPOI as a 
cessation of the utilization of the building for the purpose of 
the surface right, according to Article 5.11.1.13. Accordingly, 
the FIPOI could exercise its right of earl y reversion as 
stipulated below in Article 5.12.  
 
 
 
 
 
 
 
 
 
 WT/BFA/W/298/Rev.1  
- 19 - 
  development of the area.  
8. A rent shall be payable from that moment by 
the surface right owner. It shall be fixed by 
agreement between the STATE and  the FIPOI 
on the same basis as the rent payable for the 
surface right cancelled under the terms of this 
deed, taking account at the time of the 
differences that may exist with respect to the 
buildings and surface areas concerned.   
10.6. A rent shall be payable from that moment by the 
surface right owner. It shall be fixed by agreement between 
the STATE and the FIPOI on the same basis as the rent 
payable for the surface rig ht cancelled under the terms of 
the deed of 2 June 1995, taking account at the time of the 
differences that may exist with respect to the buildings and 
surface areas concerned.  
K. PARKING  
 
1. The STATE undertakes to make available 
free of charge to the WT O, an undertaking 
which its representatives here appearing accept 
and acknowledge on its behalf, in principle on 
the first of January nineteen hundred and 
ninety -eight, the use and enjoyment on a 
priority basis of a car park to be built by it or 
its appoin tee in the proximity of the separate 
and permanent surface rights established 
herein.  
2. This car park shall comprise at least four 
hundred (400) spaces for light motor vehicles.  
3. If it is not entirely used by the WTO, the 
STATE may rent it to other inte rnational 
organizations.  
4. The costs of building, maintaining and 
running this car park shall be borne by the 
STATE, which undertakes to include the 
necessary amount in its budget, without 
prejudice to the grant of a credit for the work 
by the Grand Counc il and the delivery of a 
building permit.  
5. This car park shall be managed by the 
STATE or any other body designated by it.  
6. As from the first of May nineteen hundred 
and ninety -five and until the aforementioned 
car park is made available, the STATE 
undertakes to make available to the WTO the 
use of approximately four hundred (400) 
parking spaces in the Sécheron district. The 
cost of renting, maintaining and running these 
spaces shall be borne by the STATE, and they 
shall be managed by the STATE or any o ther 
body designated by it.  K. PARKING  
Additional clause : 
7. The loans for the Sécheron car park (plot 5421 of the 
Commune of Geneva, Petit -Saconnex section) having been 
granted by the Grand Council of Geneva, the deed of 2 June 
1995 has been recorded in t he Land Register and action in 
accordance with Article 6 of the Agreement of 1 August 2008 
is being taken to the effect that:  
For the duration of the rental of the offices at the Chemin 
des Mines by the Swiss Confederation, 150 parking spaces 
will be made available to the WTO free of charge to 
compensate for the spaces lost on the CWR grounds during 
the works.  
Completion of the project will provide the WTO with at least 
630 parking spaces, as follows:  
a. 200 spaces in the CWR underground car park 
beneath th e new building;  
b. 30 surface parking spaces at the CWR ; 
c. at least 400 spaces, financed for the WTO by the 
Canton of Geneva in accordance with the 
infrastructure contract of 2 June 1995, to be made 
available in the future Sécheron car park which the 
Canton of Geneva has undertaken to build.  
During the construction of the car park mentioned in 
paragraph 2(c), the Swiss Confederation shall ensure that at 
least 400 parking spaces are made available to the WTO in 
addition to the 150 spaces mentioned in paragr aph 1 above.  WT/BFA/W/298/Rev.1  
- 20 - 
  In the event of any discrepancy, the provisions of the infrastructure contract and the foregoing 
additional clauses and adaptations shall take precedence over the modifications  agreed below in 
respect of the relations between the WTO, on the one hand, and the SWISS CONFEDERATION, the 
STATE and the FIPOI, on the other . 
 
2  CANCELLATION OF THE PRESENT  SURFACE RIGHTS  
The parties here appearing agree to cancel the present surface rights described above in greater 
detail, No. 4542 (Centre William Rapp ard, for the benefit of the WTO), ID.2010/001908, No. 4543 
(Conference room, for the benefit of the FIPOI), ID.2010/001911, and No. 4544 (so -called 
"gardener's house", for the benefit of the FIPOI), ID. 2010/001915, the first two rights in practice 
being r eplaced by the surface rights created in accordance with the present deed and the third 
simply being cancelled because of the demolition of the current buildings and the integration of 
their site into the new surface rights.  
 
The annotations entered, as st ated above, under P.j. 1269 of 8 February  2010 (ID.2010/001909, 
ID.2010/001910, ID.2010/001912, ID.2010/001914, ID.2010/001916, ID.2010/001918) will 
therefore be cancelled . 
 
The easements registered over or for the benefit of these separate and permanent r ights are the 
subject of Chapter 6, ADAPTATION AND CREATION OF EASEMENTS, below . 
 
3  CREATION OF A SURFAC E RIGHT FOR THE BENE FIT OF THE FIPOI  
The STATE and the FIPOI agree the following : 
Article 3.1  - Creation of a primary surface right  
3.1.1  The STATE establ ishes for the benefit of the FIPOI a personal primary surface easement 
over plots 247 and 5410 of the Commune of Geneva, Petit -Saconnex section, according 
to the transfer table set out above . 
Article 3.2  - Nature  
3.2.1  This surface right is a separate and permanent right within the meaning of Article 779, 
paragraph 3, of the Swiss Civil Code . It is registered in the Land Register on an individual 
sheet ( No. 5442) as an immovable, in accordance with Article 943.2 of the Swiss Civil 
Code. 
3.2.2.  This surface  right gives the beneficiary the right of ownership of the buildings constructed 
on the tenement subject to the surface right.  
Article 3.3  - Entry into possession  
3.3.1  The land subject to the surface right shall be made available when the former surface 
rights Nos. 4543 and 4544 registered for its benefit are cancelled, as provided above . 
3.3.2  The STATE guarantees that the plots are not encumbered by any mortgage or by any 
annotation of a personal right or by any easement prohibiting attainment of the obje ctive 
set forth in Article 3.5 of this surface right agreement . 
3.3.3  Moreover, the land remains subject to or benefits from any positive or negative 
easements already recorded in the Land Register . 
Article 3.4  - Duration  
3.4.1  The surface right enters int o effect from the date of its recording in the Land Register and 
shall have the longest statutory term, namely, ninety -nine (99) years . WT/BFA/W/298/Rev.1  
- 21 - 
  3.4.2  At least four years before the expiry of the surface right, the surface right owner shall 
notify the STATE of its intentions with regard to the extinction or a possible request for 
renewal/extension of the surface right . 
3.4.3  Silence on the part of the surface right owner is deemed equivalent to its renunciation of 
renewal/extension of the surface right agreement , the surface right owner immediately 
undertaking to give its consent to the cancellation of the surface right in the Land 
Register by the STATE . 
3.4.4  If the surface right agreement  is renewed/extended, the STATE may adapt the clauses of 
the present surface r ight agreement  to the framework conditions for hosting international 
organizations on Swiss territory and to the Statutes of the FIPOI in force on the date 
of renewal . 
3.4.5  The renewal/extension of the surface right shall form the subject of a certified d eed 
recorded in the Land Register . 
Article 3.5  - Objective  
3.5.1  The surface right grants the surface right owner the right to maintain the 
above -mentioned existing buildings on the part of the plot subject to the right and to 
construct other buildings, in  accordance with the drawings that are the subject of 
building/renovation permits DD 102'209 of 1 9 November  2008, intramuros DD 102'894 
of 7 May 2010, extramuros DD 103'724 of 1 3 October  (rectif: December) 2010, 
construction of perimeter protection for the  Centre William Rappard DD 104'997 -4 of 
19 July 2012, control and identification office (BCI) DD 105'185 -4 of 1 2 December  2012, 
Chinese pavilion DD  104'904 -4 of 9 May 2012, and authorization to demolish M 6447 of 
13 December  2010, issued by the competent a uthority, and any additions thereto . The 
buildings are intended for the WTO or for other organizations specified in the current 
Statutes of the FIPOI . 
 In order to achieve this objective, the surface right owner may grant the WTO or other 
organizations spe cified in the Statutes of the FIPOI a secondary surface right . 
3.5.2  The surface right owner undertakes to utilize the buildings throughout the term of the 
surface right agreement for purposes consistent with the objective of the present surface 
right agre ement . Moreover, the surface right owner may not under any circumstances 
modify or authorize modification of the objective as defined in Article 3.5.1 without the 
agreement of the STATE . 
Article 3.6  - Calculation of the rent  
3.6.1  The ground rent is calcul ated at Sw.fr. 100 per m2 annually, corresponding to 5 % of the 
value of the land determined at Sw.fr. 2,000 per m2. As the surface of the plot made 
available is 29,093 m2, the annual ground rent amounts to Sw.fr. 2,909,300.  
3.6.2  The rent may be adjusted : 
3.6.2.1  when the official Swiss consumer price index rises by at least 10 points ; 
 
3.6.2.2  every ten years in any event, in accordance either with the index mentioned in 
Article 3.6.2.1 or with price trends for land in the region whose situation, 
facilitie s and purpose are similar . 
 
3.6.3  The index  taken into account as the basis for calculation in the present surface  right 
agreement  is that of the month of July two thousand  and thirteen , namely  
ninety -nine point zero (99.0) points ( base: December  2010 = 10 0). WT/BFA/W/298/Rev.1  
- 22 - 
  Article 3.7  - Renunciation of rent  
3.7.1  Given the position of the surface right owner, the STATE currently waives the right to 
receive rent . The STATE also renounces any guarantees concerning payment of the rent 
for the surface right . 
3.7.2  The situat ions envisaged  in Article 3.9.2 and 3.10.3 are reserved . 
Article 3.8  - Transferability  
3.8.1  The present  surface right is transferable . 
3.8.2  Any transfer is subject to prior consent by the STATE, which must be informed of the 
price. The STATE shall notify  its decision within eight months of receiving the surface 
right owner's request by registered mail . If the period expires without any reply having 
been given, the STATE shall be deemed to have given its consent . 
3.8.3  The STATE may only refuse its consent  to the transfer if : 
3.8.3.1  the personal obligations incumbent upon the surface right owner are not 
assumed by the new owner ; 
3.8.3.2  the transferee does not provide adequate guarantees of solvency ; 
3.8.3.3  the transferee does not undertake to continue us ing the building for purposes 
consistent with the surface right agreement ; or 
3.8.3.4  the price of the transfer is higher than the intrinsic value, according to expert 
opinion, of the structures and fixed installations on the date of transfer . 
Article 3.9  - Effects of the transfer  
3.9.1  In cases of transfer duly approved by the STATE, the surface right owner is freed from 
any liability resulting from the present surface right agreement , the rights and obligations 
derived therefrom being passed as a whole to  the transferee . 
3.9.2  On the hypothesis that the surface right is transferred to a third party, the amount, the 
forms of payment and the indexing of the rent and its guarantees could be revised so 
that payment of the surface right corresponds to the crite ria customarily applied by the 
STATE for land in the region whose situation, facilities and purpose are similar . 
3.9.3  In the event of a transfer, the STATE may exercise its statutory right of pre -emption . 
This right of pre -emption shall be exercised at th e price corresponding to the intrinsic 
value of the buildings reduced by the value of the CWR, estimated to be Sw.fr. 56 million , 
and the total amount of the annual rent calculated in accordance with Article 3.6 but not 
paid since the plot was made availab le. 
Article 3.10  - Surface right owner's right of disposal  
3.10.1  The premises are in the first place utilized to meet the own needs of the organization 
designated in Article 3.5 and the needs of facilities with which it has strictly functional 
relations, for example, the restaurant, travel agency, print shop, etc . 
3.10.2  If all or part of the surface is let, the following requirements in particular shall be met : 
3.10.2.1  the premises may not be let or made available for a period longer than the 
duration of  the surface right ; WT/BFA/W/298/Rev.1  
- 23 - 
  3.10.2.2  the surface right owner undertakes to return the premises to the STATE free of 
any tenant or occupant upon the expiry of the surface right or the extension 
thereof ; and 
3.10.2.3  the rental shall not have the effect of modifying  the use made of the building, 
as defined by the terms of the building permit and the provisions of the surface 
right agreement . 
3.10.3  Depending on the terms of rental, the ground rent may be adjusted in accordance with 
the provisions of Article 3.9.2 . 
Article 3.11  - Surface right owner's obligations  
3.11.1  The surface right owner undertakes : 
3.11.1.1  to build and complete within a period of three years as of the date of signature 
of the present deed the structures and fixed installations for which the sur face 
right has been established ; 
3.11.1.2  to maintain in a good state of repair and cleanliness the structures and fixed 
installations on the plots subject to the surface right ; and to ensure their 
maintenance and that of any out -buildings ; 
3.11.1.3  genera lly to take all the necessary safety and hygiene measures ; 
3.11.1.4  to ensure that no hydrocarbons or products that could pollute the soil or water 
are poured onto the surface of the site of the surface right or anywhere else ; 
3.11.1.5  to recover carefully  and store hydrocarbons and other products that could 
pollute the soil or water, in accordance with legal requirements ; 
3.11.1.6  to ensure that the debts secured by mortgages encumbering the surface right 
are specified as being repayable in full within at least three years prior to expiry 
of the right ; this clause shall appear in immovable pledges and mortgage deeds 
if any ; 
3.11.1.7  to pay regularly and within the time -limits prescribed the contractual interest 
and principal on debts secured by mortgages en cumbering the surface right ; 
3.11.1.8  to pay any Federal, Cantonal or communal taxes , the insurance premiums and 
other regular charges relating to the surface right and to the structures and 
fixed installations ; 
3.11.1.9  to pass on to any legal successor t he personal obligations incumbent upon it by 
virtue of the present deed, together with the mortgage debts encumbering the 
surface right ; 
3.11.1.10  to facilitate  supervision of the proper fulfilment of these obligations by 
the STATE ; 
3.11.1.11  to write off the structures and fixed installations pro rata in any event over th e 
duration of the surface right  so that upon expiry of the right they are completely 
written off ; 
3.11.1.12  to present the cases covered by Article 3.8 and 3.10 of the present surface right 
agreement to the STATE for prior approval ; 
3.11.1.13  punctually to fulfil the obligations incumbent upon it under the present surface 
right agreement and to ensure, in particular, that the use made of the building 
remains consistent with the objective of  the present  surface right agreement ; WT/BFA/W/298/Rev.1  
- 24 - 
  3.11.1.14  to create all the easements required for exploitation of the building, together 
with those appearing in the terms of the building permit mentioned in 
Article  3.5; and 
3.11.1.15  to take out insurance to cover both civil liability deriving from ownership of the 
buildings, as well as that derived from exploitation of activities by the surface 
right owner in the said building ; to insure non -transportable structures, for an 
amount equivalent to their market value, against damage that may be caused 
by fire, water or natural forces ; to pay the respective premiums regularly and to 
forward to the STATE, at its request, a certified copy of the relevant policies and 
proof of payment of the premiums . 
3.11.2  If the FIPOI ha s granted a secondary surface right to an international organization, it 
shall be liable to the STATE for fulfilment by its surface right owner of the obligations 
listed in this Article . 
Article 3.12  - Right of early reversion  
3.12.1  Under the law, the STA TE possesses a right of early reversion, which may be exercised if 
the surface right owner or the person entitled seriously exceeds the limits of its right in 
rem or seriously violates its legal and contractual obligations, in particular those laid 
down in  Article 3.11 . 
3.12.2  The party granting the surface right (" superficiant ") may only exercise its right of early 
reversion after unsuccessful warning and subject to one year's prior notice . 
Article 3.13  - Effects of the exercise of the right of early rever sion 
3.13.1  In the event of reversion of the surface right before expiry of the term, in accordance 
with Article 3.12 above, the surface right becomes the property of the STATE, together 
with all the structures and fixed installations forming an integral p art thereof, with the 
exception of the movables . 
3.13.2  In such cases, the STATE shall owe the surface right owner compensation corresponding 
in total to that provided for the two secondary surface rights registered on sheets 
Nos. 5443 and 5457, calculated  in accordance with Articles 4.13 and 5.13 . 
 Article 779 g, paragraph  1 in fine, of the Civil Code is reserved . 
3.13.3  The clauses in this Article shall be noted in the Land Register,  in accordance with 
Article  779b, paragraph 2, of the Civil Code . 
3.13.4  The surface right owner may not demand any further compensation on any 
grounds  whatsoever . 
Article 3.14  - Effects of the extinction of the surface right upon expiry of the term  
3.14.1  Upon the extinction of the surface right at the end of the initial term o r of any extension, 
the structures and fixed installations established under this right shall become the 
property of the STATE . 
3.14.2  The STATE shall owe the surface right owner compensation corresponding in total to that 
provided for the two secondary su rface rights registered on sheets Nos. 5443 and 5457, 
calculated in accordance with Article s 4.14 and 5.14 . 
3.14.3  The clauses in Article 3.14.2 shall be noted in the Land Register,  in accordance with 
Article 779 b, paragraph 2, of the Civil Code . 
3.14.4  The compensation may only be paid to the surface right owner with the consent of all the 
mortgage creditors . WT/BFA/W/298/Rev.1  
- 25 - 
  3.14.5  The surface right owner may not demand any further compensation on any 
grounds  whatsoever . 
Article 3.15  - Cancellation of registrations  
3.15.1  Upon extinction of the surface right at the end of the term, the STATE may request 
cancellation of the registration of the surface right in the Land Register and of all related 
dues and charges, with the consent of the surface right owner as provided in A rticle 3.4 . 
Article 3.16  - Reminder of easements  
3.16.1  The current easements have been recalled above and are adjusted below . 
Article 3.17  - Waiver of the statutory right of pre -emption  
3.17.1  The surface right owner waives its statutory right of pre -emption over the tenements to 
be subject to the surface right . 
3.17.2  This waiver shall be noted in the Land Register . 
Article 3.18  - Liability  
3.18.1  The surface right owner shall be liable for any damage that may be caused to the STATE 
or to third parties as  a result of the construction, maintenance, exploitation or presence 
of its buildings and installations  and of the existence of the surface right, unless it 
determines the liability of third parties or a serious fault on the part of the STATE . 
3.18.2  It shall represent the latter in any dispute with third parties concerning the existence or 
use of the surface right and shall meet the costs of such disputes . 
3.18.3  The attention of the surface right owner is drawn to the fact that the land defined by the 
perimeter of the site of the present surface right is not recorded in the register of 
polluted sites . If, during the term of the surface right, it is found that the surface right 
owner has caused any pollution of the soil, it shall pay the costs of rehabilita ting the land 
as a result of the pollution it caused . 
Article 3.19  - Jurisdiction and law applicable  
3.19.1  The place of jurisdiction for any dispute that might arise concerning the conclusion, 
interpretation or implementation of the present surface right agreement shall be Geneva . 
3.19.2  This surface  right agreement is subject to Swiss law . 
Article 3.20  - Mediation and competent jurisdiction  
3.20.1  Any dispute, disagreement or claim arising out of the agreement or relating to it, 
including those concerning  its validity, its nullity, any violation thereof or withdrawal, are 
subject to mediation, according to the Rules of Commercial Mediation of the Geneva 
Chamber of Commerce in force at the date on which the request for mediation is lodged 
in accordance with  these Rules . 
The seat of mediation shall be Geneva . The mediation procedure shall take place in 
French . 
3.20.2  If it is not possible fully to resolve the dispute, disagreement or claim by means of 
mediation within a period of sixty (60) days as from the d ate of confirmation or 
designation of the mediator(s) by the Chamber, the matter shall be brought before the 
ordinary courts . WT/BFA/W/298/Rev.1  
- 26 - 
  4  CREATION OF A SURFACE RIGHT FOR THE BENEFIT OF THE WTO (CWR ) 
The FIPOI and the WTO agree the following : 
Article 4.1  - Creation of a secondary surface right  
4.1.1  The FIPOI establishes for the benefit of the WTO a personal secondary surface easement 
over the surface right registered on sheet No. 5442 of the Commune of Geneva, 
Petit-Saconnex section, according to the transfer table set  out above . 
Article 4.2  - Nature  
4.2.1  This surface right is a separate and permanent right within the meaning of Article 779, 
paragraph 3, of the Swiss Civil Code . It is registered in the Land Register on an individual 
sheet ( No. 5443) as an immovable, in  accordance with Article 943.2 of the 
Swiss  Civil Code. 
4.2.2  This surface right gives the beneficiary the right of ownership of the buildings constructed 
on the tenement subject to the surface right . 
Article 4.3  - Entry into possession  
4.3.1  The land subj ect to the surface right shall be made available when the former surface 
right No. 4542 registered for its benefit is cancelled, as provided above . 
4.3.2  The FIPOI guarantees that the plot and the right that are the subject of the 
aforementioned surface ri ght are not encumbered by any mortgage or by any annotation 
of a personal right or by any easement prohibiting attainment of the objective set forth in 
Article 4.5 of the present  surface right agreement . 
4.3.3  Moreover, the land remains subject to or benef its from any positive or negative 
easements already recorded in the Land Register . 
Article 4.4  - Duration  
4.4.1  The surface right enters into effect from the date of its recording in the Land Register and 
shall have the longest statutory term, namely, ninety-nine (99) years . 
4.4.2  At least five years before the expiry of the surface right, the parties shall notify their 
intentions with regard to the extinction or renewal/extension  of the surface right . 
 If the surface right owner requests renewal or extensi on of the surface right agreement, 
the party granting the surface right undertakes to request the renewal or extension of 
the primary surface right, in accordance with the clauses and terms of this surface right.  
4.4.3  Silence on the part of the surface ri ght owner is deemed equivalent to its renunciation of 
renewal/extension of the surface right agreement, the surface right owner immediately 
undertaking to give its consent to the cancellation of the surface right in the Land 
Register by the FIPOI . 
4.4.4  If the surface right agreement is renewed/extended, following an understanding between 
the parties, the clauses of the present surface right may be adapted to the framework 
conditions for hosting international organizations on Swiss territory . 
4.4.5  The rene wal/extension of the surface right shall form the subject of a certified deed 
recorded in the Land Register . WT/BFA/W/298/Rev.1  
- 27 - 
  Article 4.5  - Objective  
4.5.1  The secondary surface right grants the surface right owner the right to maintain and 
exploit the above -mentioned exis ting buildings on the part of the tenement subject to the 
right, and to build and exploit an administrative building for its own needs, in accordance 
with the drawings that are the subject of building/renovation permits DD 102'209 of 
19 November  2008, intr amuros DD 102'894 of 7 May 2010, construction of perimeter 
protection for the Centre William Rappard DD 104'997 -4 of 1 9 July 2012, control and 
identification office (BCI) DD 105'185 -4 of 1 2 December  2012, Chinese pavilion 
DD 104'904 -4 of 9 May 2012, issued  by the competent authority, and any 
additions  thereto . 
4.5.2  The surface right owner undertakes to utilize the buildings throughout the term of the 
surface right agreement for purposes consistent with the objective of the present surface 
right agreement . Moreover, the surface right owner may not under any circumstances 
modify the objective as defined above without the agreement of the FIPOI . 
Article 4.6  - Rent for the surface right  
4.6.1  No rent is payable by the surface right owner, the said surface righ t being free of charge . 
4.6.2  The party granting the surface right nevertheless reserves the possibility of requiring rent 
for the surface right if the building is transferred, or if the purpose for which it is utilized 
or the surface right owner is modifi ed. 
Article 4.7  - Guarantee of rent for the surface right  
4.7.1  No rent being payable by the surface right owner, no legal mortgage wi thin the meaning 
of Article 779 i and 779 k of the Civil Code needs to be registered . 
Article 4.8  - Transferability  
4.8.1  The present surface right is transferable . 
4.8.2  Any transfer is subject to prior consent by the FIPOI, which must be informed of the 
price. The FIPOI shall notify its decision within eight months of receiving the surface right 
owner's request by registered mail. If the period expires without any reply having been 
given, the FIPOI shall be deemed to have given its consent . 
4.8.3  The FIPOI may only refuse its consent to the transfer if : 
4.8.3.1  the personal obligations incumbent upon the surface right owner ar e not 
assumed by the new owner ; 
4.8.3.2  the transferee  does not provide adequate guarantees of solvency ; or 
4.8.3.3  the transferee does not undertake to continue using the building for purposes 
consistent with the surface right agreement . 
Article 4.9  - Effects of the transfer  
4.9.1  In cases of transfer duly approved by the FIPOI, the surface right owner is freed from 
any liability resulting from the present surface right agreement, the rights and obligations 
derived therefrom being passed as a whole to the transferee . 
4.9.2.  In the event of a transfer, the FIPOI may exercise its statutory right of pre -emption . WT/BFA/W/298/Rev.1  
- 28 - 
  Article 4.10  - Surface right owner's right of disposal  
4.10.1  The surface right owner may let or make available to third parties all or part of its 
premises after submitting the terms of the rental or disposal to the FIPOI so that it may 
ensure that the following requirements are met : 
4.10.1.1  the premises may not be let or made available for a period longer than the 
duration of the surface right;  
4.10.1.2 the surface right owner undertakes to return the premises to the FIPOI free of 
any tenant or occupant upon the expiry of the surface right or extension 
thereof ; and 
4.10.1.3  the rental shall not have the effect of modifying the use made of the building , 
as defined by the terms of the surface right agreement . 
4.10.2  Depending on the terms of rental, the ground rent may be adjusted in accordance with 
the provisions of Article 4.9.2.  
Article 4.11  - Surface right owner's obligations  
4.11.1  The surface  right owner undertakes : 
4.11.1.1  to build and complete within a period of three years as of the date of signature 
of the present deed the structures and fixed installations for which the surface 
right has been established;  
4.11.1.2  to maintain in a good state of repair and cleanliness the structures and fixed 
installations on the plots subject to the surface right and to protect the 
structure of the buildings and their external appearance (facades and roofs) ; 
and to ensure the maintenance of the said structures  and installations and that 
of any out -buildings ; 
4.11.1.3  generally to take all the necessary safety and hygiene measures ; 
4.11.1.4  to ensure that no hydrocarbons or products that could pollute the soil or water 
are poured onto the surface of the site of the surface right or anywhere else ; 
4.11.1.5  to recover carefully and store hydrocarbons and other products that could 
pollute the soil or water, in accordance with legal requirements ; 
4.11.1.6  to ensure that the debts secured by mortgages encumbering the surface right 
are specified as being repayable in full within at least three years prior to expiry 
of the right ; this clause shall appear in immovable pledges and mortgage deeds 
if any ; 
4.11.1.7  to pay regularly and within the time -limits prescribed the co ntractual interest 
and principal on debts secured by mortgages encumbering the surface right ; 
4.11.1.8  to pay any Federal, Cantonal  or communal taxes, the insurance premiums and 
other regular charges relating to the surface right and to the structures and 
fixed installations ; 
4.11.1.9  to pass on to any legal successor the personal obligations incumbent upon it by 
virtue of the present deed, together with the mortgage debts encumbering the 
surface right ; 
4.11.1.10  to facilitate supervision of the proper fulf ilment of these obligations by 
the FIPOI ; WT/BFA/W/298/Rev.1  
- 29 - 
  4.11.1.11  to write off the structures and fixed installations pro rata in any event over th e 
duration of the surface right  so that upon expiry of the right they are completely 
written off, subject to the provisions  of Article 4.4 and 4.13 ; 
4.11.1.12  to present the cases covered by Article 4.8 and 4.10 of the present surface right 
agreement to the FIPOI for prior approval ; 
4.11.1.13  punctually to fulfil the obligations incumbent upon it under the present surface 
right agreement and to ensure, in particular, that the use made of the building 
remains consistent with the objective of the present surface right agreement ; 
4.11.1.14  to create all the easements required for exploitation of the building, together 
with those appearing in the terms of the building permit mentioned in 
Article  4.5; and 
4.11.1.15  to take out insurance to cover both civil liability deriving from ownership of the 
buildings, as well as that derived from exploitation of activities by the surface 
right owner in the said building ; to insure non -transportable structures, for an 
amount equivalent to their market value, against damage that may be caused 
by fire, water or natural forces ; to pay the respective premiums regularly and to 
forward to the FIPOI, at  its request, a certified copy of the relevant policies and 
proof of payment of the premiums . 
Article 4.12  - Right of early reversion  
4.12.1  Under  the law, the FIPOI possesses a right of early reversion, which may be exercised if 
the surface right owner se riously exceeds the limits of its right in rem or seriously 
violates its contractual obligations, in particular those laid down in Article 4.11.  
4.12.2  The party granting the surface right may only exercise its right of early reversion after 
unsuccessful w arning and subject to one year's prior notice . 
Article 4.13  - Effects of the exercise of the right of early reversion  
4.13.1  In the event of reversion of the surface right before expiry of the term, in accordance 
with Article 4.12 above, the surface right becomes the property of the FIPOI, together 
with all the structures  and fixed installations forming an integral part thereof, with the 
exception of the movables . 
4.13.2  Inasmuch as the present right has been established by the FIPOI free of charge, it shal l 
not owe any compensation to the surface right owner for the buildings and fixed 
installations  as recorded by the chartered surveyor in record of transfer 46/2010 
attached hereto, unless otherwise agreed in the form of a legal document . 
4.13.3  If the surf ace right owner has built or taken over new buildings or fixed installations at its 
own expense, the FIPOI shall owe the surface right owner compensation equivalent at 
the most to the intrinsic value, according to expert opinion, of the structures and fixe d 
installations at the date of expiry, taking into account their state of obsolescence 
and upkeep . 
4.13.4  Intrinsic value means that of the cubic metres of the structure, taking into account its 
state of obsolescence and upkeep . Experts shall be designated  by mutual agreement ; if 
there is no agreement, they shall be designated in accordance with the general 
arbitration clause  below . 
4.13.5  The clauses in this Article shall be noted in the Land Register,  in accordance with 
Article  779b, paragraph 2, of the C ivil Code . 
4.13.6  The surface right owner may not demand any further compensation on any 
grounds  whatsoever . WT/BFA/W/298/Rev.1  
- 30 - 
  Article 4.14  - Effects of the extinction of the surface right upon expiry of the term  
4.14.1  Upon the extinction of the surface right at the end of  the initial term or of any extension, 
the structures and fixed installations established under this right shall become the 
property of the FIPOI . 
4.14.2  The parties agree the following : 
4.14.2.1  If the owner of the primary surface right does not renew the  surface right but 
retains the structures and fixed installations with a view to subsequent use of 
any nature, it shall not owe any compensation to the surface right owner for the 
existing structures and fixed installations as recorded by the chartered sur veyor 
in record of transfer 46/2010 attached hereto, unless otherwise agreed in the 
form of a legal document . 
4.14.2.2  If the surface right owner has built or taken over new buildings or fixed 
installations at its own expense, the owner of the primary surf ace right shall pay 
the surface right owner compensation equivalent at the most to the intrinsic 
value, according to expert opinion, of the structures and fixed installations at 
the date of expiry of the surface right, taking into account their state of 
obsolescence and upkeep . 
4.14.2.3  Intrinsic value means that of the cubic metres of the structure, taking into 
account its state of obsolescence and upkeep . Experts shall be designated by 
mutual agreement ; if there is no agreement, they shall be designated i n 
accordance with the general arbitration clause below . 
4.14.2.4  If the surface right owner renounces any request for an extension of the surface 
right, the owner of the primary surface right, namely the FIPOI, shall not pay 
any compensation to the surface  right owner for the  structures and fixed 
installations returned to it, even if it retains them  with a view to subsequent use 
of any nature  whatsoever . 
4.14.3  The clauses in Article 4.14.2 shall be noted in the Land Register, i n accordance with 
Article  779b, paragraph 2, of the Civil Code . 
4.14.4  The compensation may only be paid to the surface right owner with the consent of all the 
mortgage creditors . 
4.14.5  The surface right owner may not demand any further compensation on any 
grounds  whatsoever . 
Article  4.15 - Cancellation of registrations  
4.15.1  Upon extinction of the surface right at the end of the term, the FIPOI may request 
cancellation of the registration of the surface right in the Land Register and of all related 
dues and charges, with the consent  of the surface right owner as provided in Article 4.4 . 
Article 4.16  - Reminder of easements  
4.16.1  The current easements have been recalled above and are adjusted below . 
Article 4.17  - Waiver of the statutory right of pre -emption  
4.17.1  The surface right owner waives its statutory right of pre -emption over the tenements to 
be subject to the surface right . 
4.17.2  This waiver shall be noted in the Land Register . WT/BFA/W/298/Rev.1  
- 31 - 
  Article 4.18  - Liability  
4.18.1  The surface right owner shall be liable for any damage that may b e caused to the FIPOI 
or to third parties as a result of the construction, maintenance, exploitation or presence 
of its buildings and installations and of the existence of the surface right, unless it 
determines the liability of third parties or a serious fault on the part of the FIPOI . 
4.18.2  The attention of the surface right owner is drawn to the fact that the land defined by the 
perimeter of the site of the present surface right is not recorded in the register of 
polluted sites . If, during the term of t he surface right, it is found that the surface right 
owner has caused any pollution of the soil, it shall pay the costs of rehabilitating the land 
as a result of the pollution it caused . 
Article 4.19  - Law applicable  
4.19.1  This surface right agreement is subject to Swiss law, without prejudice to the privileges 
and immunities granted to the WTO under the agreement of 2 June 1995 between the 
SWISS CONFEDERATION and the WORLD TRADE ORGANIZATION determining the legal 
status of the Organization in Switzerland  (RS 0.192.122.632).  
Article 4.20  – Mediation and competent jurisdiction  
4.20.1  Any dispute that might arise concerning the conclusion, interpretation or implementation 
of this surface right agreement shall be referred to an arbitration tribunal, in accorda nce 
with the agreement of 2 June 1995 between the SWISS CONFEDERATION and the WTO . 
4.20.2  If the WTO is no longer the owner of this surface right, the following provisions shall 
apply : 
4.20.2.1  Any dispute, disagreement or claim arising out of the agreemen t or relating to 
it, including those concerning its validity, its nullity, any violation thereof or 
withdrawal, are subject to mediation, according to the Rules of Commercial 
Mediation of the Geneva  Chamber of Commerce in force at the date on which 
the req uest for mediation is lodged in accordance with these Rules . 
The seat of mediation shall be Geneva . The mediation procedure shall take 
place in French . 
4.20.2.2  If it is not possible fully to resolve the dispute, disagreement or claim by means 
of mediation  within a period of sixty (60) days as from the date of confirmation 
or designation of the mediator(s) by the Chamber, the matter shall be brought 
before the ordinary courts . 
5  CREATION OF A SURFACE RIGHT FOR THE BENEFIT OF THE WTO  
(EXTRAMUROS EXTENSION)  
 
The FIPOI and the WTO further agree the following : 
Article 5.1  - Creation of a secondary surface right  
5.1.1  The FIPOI establishes for the benefit of the WTO a personal secondary surface easement 
over the surface right registered on sheet No. 5442 of the Com mune of Geneva, 
Petit-Saconnex section, according to the transfer table set out above . 
Article 5.2  - Nature  
5.2.1  This surface right is a separate and permanent right within the meaning of Article 779, 
paragraph 3, of the Swiss Civil Code . It is registered  in the Land Register on an individual 
sheet ( No. 5457) as an immovable, in accordance with Article 943.2 of the 
Swiss  Civil Code. WT/BFA/W/298/Rev.1  
- 32 - 
  5.2.2  This surface right gives the beneficiary the right of ownership of the buildings constructed 
on the tenement subject to  the surface right . 
Article 5.3  - Entry into possession  
5.3.1  The land subject to the surface right shall be made available when the former surface 
right No. 4542 registered for its benefit is cancelled, as provided above . 
5.3.2  The FIPOI guarantees that t he plot and the right that are the subject of the 
aforementioned surface right are not encumbered by any mortgage or by any annotation 
of a personal right or by any easement prohibiting attainment of the objective set forth in 
Article 5.5 of the present  surface right agreement . 
5.3.3  Moreover, the land remains subject to or benefits from any positive or negative 
easements already recorded in the Land Register . 
Article 5.4  - Duration  
5.4.1  The surface right enters into effect from the date of its recording i n the Land Register and 
shall have the longest statutory term, namely, ninety -nine (99) years . 
5.4.2  At least five years before the expiry of the surface right, the parties shall notify their 
intentions with regard to the extinction or renewal/extension of  the surface right . 
 If the surface right owner requests renewal or extension of the surface right agreement, 
the party granting the surface right undertakes to request the renewal or extension of 
the primary surface right, in accordance with the clauses a nd terms of this surface right.  
5.4.3  Silence on the part of the surface right owner is deemed equivalent to its renunciation  of 
renewal/extension of the surface right agreement, the surface right owner immediately  
undertaking to give its consent to the ca ncellation of the surface right in the  Land 
Register by the FIPOI . 
5.4.4  If the surface right agreement is renewed/extended, following an understanding between 
the parties, the clauses of the present surface right may be adapted to the framework 
conditions  for hosting international organizations on Swiss territory . 
5.4.5  The renewal/extension of the surface right shall form the subject of a certified deed 
recorded in the Land Register . 
Article 5.5  - Objective  
5.5.1  The secondary surface right grants the sur face right owner the right to build and exploit 
an administrative building for its own needs, in accordance with the drawings that are the 
subject of building permits extramuros DD 103'724 of 1 3 October  (rectif: December) 
2010, construction of perimeter pr otection for the Centre William Rappard DD 104'997 -4 
of 19 July 2012, and authorization to demolish M 6447 of 1 3 December  2010, issued by 
the competent authority, and any additions thereto . 
5.5.2  The surface right owner undertakes to utilize the buildings throughout the term of the 
surface right agreement for purposes consistent with the objective of the present surface 
right agreement . Moreover, the surface right owner may not under any circumstances 
modify the objective as defined above without the agreem ent of the FIPOI . 
Article 5.6  - Calculation of the rent  
5.6.1  The ground rent is calculated at Sw.fr. 100 per m2 annually, corresponding to 5 % of the 
value of the land determined at Sw.fr. 2,000 per m2. As the surface of the plot made 
available is 6,182 m2, the annual ground rent amounts to Sw.fr.  618,200.  WT/BFA/W/298/Rev.1  
- 33 - 
  5.6.2  The rent may be adjusted : 
5.6.2.1  when the official Swiss consumer price index rises by at least 10 points ; 
5.6.2.2  every ten years in any event, in accordance either with the index mentioned in 
Article 5.6.2.1 or with price trends for land in the region whose situation, 
facilities and purpose are similar . 
5.6.3.  The index taken into account as the basis for calculation in the present surface right 
agreement is that of the month of July two thousand  and thirteen, namely 
ninety -nine point zero (99.0) points ( base: December  2010 = 100 ). 
Article 5.7  - Renunciation of rent  
5.7.1  Given the position of the surface right owner, the FIPOI currently waives the right to 
receive rent . The FIPOI also renounces an y guarantees concerning payment of the rent 
for the surface right . 
5.7.2  The situations envisaged in Article 5.9.2 and 5.10.5 are reserved . 
Article 5.8  - Transferability  
5.8.1  The present  surface right is transferable . 
5.8.2  Any transfer is subject to prio r consent by the FIPOI, which must be informed of the 
price. The FIPOI shall notify its decision within eight months of receiving the surface right 
owner's request by registered mail . If the period expires without any reply having been 
given, the FIPOI sha ll be deemed to have given its consent . 
5.8.3  The FIPOI  may only refuse its consent to the transfer if : 
5.8.3.1  the personal obligations incumbent upon the surface right owner are not 
assumed by the new owner ; 
5.8.3.2  the transferee  does not provide adequa te guarantees of solvency ; or 
5.8.3.3  the transferee does not undertake to continue using the building for purposes 
consistent with the surface right agreement . 
Article 5.9  - Effects of the transfer  
5.9.1  In cases of transfer duly approved by the FIPOI, th e surface right owner is freed from  
any liability resulting from the present surface right agreement, the rights and obligations  
derived therefrom being passed as a whole to the transferee . 
5.9.2  On the hypothesis that the surface right is transferred to a  third party, the amount,  the 
forms of payment and the indexing of the rent and its guarantees could be revised  so 
that payment of the surface right corresponds to the criteria customarily applied by  the 
State for land in the region whose situation, facili ties and purpose are similar . 
5.9.3  In the event of a transfer, the FIPOI may exercise its statutory right of pre -emption . 
Article 5.10  - Surface right owner's right of disposal  
5.10.1  The surface right owner shall in the first place utilize its premises t o meet its own needs 
and the needs of facilities with which it has functional relations, such as the restaurant , 
travel agency, print shop , etc. WT/BFA/W/298/Rev.1  
- 34 - 
  5.10.2  If the surface right owner wishes to let the premises for which it has no immediate use, it 
should as a priority let them at cost price to:  
- an intergovernmental organization , 
- an international institution , 
- a quasi -governmental international organization , 
- a secretariat or other body established by international treaty , 
- an independent commission , 
- an arbitration tribunal , 
- an international court, or  
- another international body , 
as defined in the Federal Act on the Privileges, Immunities and Facilities and the Financial 
Subsidies granted by Switzerland as a Host State (Host State Act ("HSA")) (RS 192.12), 
otherwise, to an international non -governmental organization, on preferential terms . 
The surface right owner shall submit the terms for making the premises available to the 
FIPOI for approval . 
5.10.3  If the surface right owner is unable to find a bene ficiary as defined in the preceding 
paragraph, it may, with the express consent of the FIPOI, let part of its premises to third 
parties that have no functional relations with it . The terms for making the premises 
available shall be the subject of an agreem ent between the surface right owner and 
the FIPOI . 
5.10.4  If the premises are let, the following requirements in particular shall be met : 
5.10.4.1  the premises may not be let or made available for a period longer than the 
duration of the surface right;  
5.10.4.2 the surface right owner undertakes to return the premises to the FIPOI free of 
any tenant or occupant upon the expiry of the surface right or extension 
thereof ; and 
5.10.4.3  the rental shall not have the effect of modifying the use made of the buildi ng, 
as defined by the terms of the building permit and the provisions of the surface 
right agreement . 
5.10.5  Depending on the terms of rental, the ground rent may be adjusted in accordance with 
the provisions of Article  5.9.2.  
Article 5.11  - Surface right owner's obligations  
5.11.1  The surface  right owner undertakes : 
5.11.1.1  to build and complete within a period of three years as of the date of signature 
of the present deed the structures and fixed installations for which the surface 
right has been establi shed; 
5.11.1.2  to maintain in a good state of repair and cleanliness the structures and fixed 
installations on the plots subject to the surface right and to protect the 
structure of the buildings and their external appearance (facades and roofs) ; WT/BFA/W/298/Rev.1  
- 35 - 
  and to en sure the maintenance of the said structures and installations and that 
of any out -buildings ; 
5.11.1.3  generally to take all the necessary safety and hygiene measures ; 
5.11.1.4  to ensure that no hydrocarbons or products that could pollute the soil or water 
are poured onto the surface of the site of the surface right or anywhere else ; 
5.11.1.5  to recover carefully and store hydrocarbons and other products that could 
pollute the soil or water, in accordance with legal requirements ; 
5.11.1.6  to ensure that the debts secured by mortgages encumbering the surface right 
are specified as being repayable in full within at least three years prior to expiry 
of the right ; this clause shall appear in immovable pledges and mortgage deeds 
if any ; 
5.11.1.7  to pay regularly a nd within the time -limits prescribed the contractual interest 
and principal on debts secured by mortgages encumbering the surface right ; 
5.11.1.8  to pay any Federal, Cantonal  or communal taxes, the insurance premiums and 
other regular charges relating to t he surface right and to the structures and 
fixed installations ; 
5.11.1.9  to pass on to any legal successor the personal obligations incumbent upon it by 
virtue of the present deed, together with the mortgage debts encumbering the 
surface right ; 
5.11.1.10  to facilitate supervision of the proper fulfilment of these obligations by 
the FIPOI ; 
5.11.1.11  to write off the structures and fixed installations pro rata in any event over th e 
duration of the surface right  so that upon expiry of the right they are comple tely 
written off, subject to the provisions of Article 5.4 and 5.13 ; 
5.11.1.12  to present the cases covered by Article 5.8 and 5.10 of the present surface  right 
agreement to the FIPOI for prior approval ; 
5.11.1.13  punctually to fulfil the obligations incum bent upon it under the present surface 
right agreement and to ensure, in particular, that the use made of the building 
remains consistent with the objective of the present surface right agreement ; 
5.11.1.14  to create all the easements required for exploita tion of the building, together 
with those appearing in the terms of the building permit mentioned in Article 
5.5; and 
5.11.1.15  to take out insurance to cover both civil liability deriving from ownership of the 
buildings, as well as that derived from explo itation of activities by the surface 
right owner in the said building ; to insure non -transportable structures, for an 
amount equivalent to their market value, against damage that may be caused 
by fire, water or natural forces ; to pay the respective premium s regularly and to 
forward to the FIPOI, at its request, a certified copy of the relevant policies and 
proof of payment of the premiums . 
Article 5.12  - Right of early reversion  
5.12.1  Under the law, the FIPOI possesses a right of early reversion, which may  be exercised if 
the surface right owner seriously exceeds the limits of its right in rem or seriously 
violates its legal and contractual obligations, in particular those laid down in Article 5.11. 
5.12.2 The party granting the surface right may only exerc ise its right of early reversion after 
unsuccessful warning and subject to one year's prior notice . WT/BFA/W/298/Rev.1  
- 36 - 
  Article 5.13  - Effects of the exercise of the right of early reversion  
5.13.1  In the event of reversion of the surface right before expiry of the term, in a ccordance 
with Article 5.12 above, the surface right becomes the property of the FIPOI, together 
with all the structures and fixed installations forming an integral part thereof, with the 
exception of the movables . 
5.13.2  If the surface right owner has bui lt or taken over buildings or fixed installations at its own 
expense, the FIPOI shall owe the surface right owner compensation equivalent at the 
most to the market value, according to expert opinion, of the structures and fixed 
installations paid by the WT O at the date of expiry . 
5.13.3  The clauses in this Article shall be noted in the Land Register, in accordance  with 
Article  779b, paragraph 2, of the Civil Code . 
5.13.4  The surface right owner may not demand any further compensation on any 
grounds  whatsoev er. 
Article 5.14  - Effects of the extinction of the surface right upon expiry of the term  
5.14.1  Upon the extinction of the surface right at the end of the initial term or of any extension, 
the structures and fixed installations established under this righ t shall become the 
property of the FIPOI . 
5.14.2  The parties agree the following : 
5.14.2.1  If the owner of the primary surface right does not renew the surface right but 
retains the structures and fixed installations with a view to subsequent use of 
any na ture, it shall owe compensation to the surface right owner for the 
structures and fixed installations it has built or taken over at its own expense ; 
the maximum amount of this compensation shall be equivalent to the market 
value, according to expert opinio n, of the structures and fixed installations paid 
by the WTO, at the date of expiry . 
5.14.2.2  If the surface right owner renounces any request for an extension of the surface 
right, the owner of the primary surface right, namely, the FIPOI, shall not pay 
any compensation to the surface right owner for the structures and fixed 
installations returned to it, even if it retains them with a view to subsequent use 
of any nature whatsoever . 
5.14.3  The clauses  in Article 5.14.2 shall be noted in the Land Register,  in accordance with 
Article  779b, paragraph 2, of the Civil Code . 
5.14.4  The compensation  may only be paid to the surface right owner with the consent of all the 
mortgage creditors . 
5.14.5  The surface  right owner may not demand any further compensation on a ny 
grounds  whatsoever . 
Article 5.15  - Cancellation of registrations  
5.15.1  Upon extinction  of the surface right at the end of the term, the FIPOI may request 
cancellation of the registration of the surface right in the Land Register and of all related 
dues and charges, with the consent of the surface right owner as provided in Article 5.4. 
Article 5.16  - Reminder of easements  
5.16.1  The current easements have been recalled above and are adjusted below . WT/BFA/W/298/Rev.1  
- 37 - 
  Article 5.17  - Waiver of the statutory right of pre -emption 
5.17.1  The surface  right owner waives its statutory right of pre -emption over the tenements to 
be subject to the surface right . 
5.17.2  This waiver shall be noted in the Land Register . 
Article 5.18  - Liability  
5.18.1  The surface right owner shall be li able for any damage that may be caused to the FIPOI  
or to third parties  as a result of the construction, maintenance, exploitation or presence 
of its buildings and installations and of the existence of the surface right, unless it 
determines the liability of third parties or a serious fault on the part of the FIPOI . 
5.18.2  The attention of the surface right owner is drawn to the fact that the land defined by the 
perimeter of the site of the present surface right is not recorded in the register of 
polluted s ites. If, during the term of the surface right, it is found that the surface right 
owner has caused any pollution of the soil, it shall pay the costs of rehabilitating the land 
as a result of the pollution it caused . 
Article 5.19  - Law applicable  
5.19.1  This surface right agreement is subject to Swiss law, without prejudice to the privileges 
and immunities granted to the WTO under  the agreement of 2 June 1995 between the 
SWISS CONFEDERATION and the WORLD TRADE ORGANIZATION determining the legal 
status of th e Organization in Switzerland (RS 0.192.122.632).  
Article 5.20  – Mediation and competent jurisdiction  
5.20.1  Any dispute that might arise concerning the conclusion, interpretation or implementation 
of this surface right agreement shall be referred to an ar bitration tribunal, in accordance 
with the agreement of 2 June 1995 between the SWISS CONFEDERATION and the WTO . 
5.20.2  If the WTO is no longer the owner of this surface right, the following provisions shall 
apply : 
5.20.2.1  Any dispute, disagreement or cla im arising out of the agreement or relating to 
it, including those concerning its validity, its nullity, any violation thereof or 
withdrawal, are subject to mediation, according to the Rules of Commercial 
Mediation of the Geneva  Chamber of Commerce in forc e at the date on which 
the request for mediation is lodged in accordance with these Rules . 
The seat of mediation shall be Geneva . The mediation procedure shall take 
place in French . 
5.20.2.2  If it is not possible fully to resolve the dispute, disagreement or claim by means 
of mediation within a period of sixty (60) days as from the date of confirmation 
or designation of the mediator(s) by the Chamber, the matter shall be brought 
before the ordinary courts . 
6  ADAPTATION AND CREATION OF EASEMENTS  
6.1  Cancellation o f former easements : 
6.1.1  The easements referred to above in the preliminary statement of facts, paragraphs 4.5 
(DDP No. 4542), 5.5 (DDP No. 4543) and 6.5 (DDP No. 4544), are cancelled and 
replaced by those created  below, in accordance with the sites and n eeds of the new 
DDPs . WT/BFA/W/298/Rev.1  
- 38 - 
  6.1.2  It is noted that the sites of the personal easements (easement in respect of use as a 
garage and storage  premises and easement in respect of use for the purpose of parking) 
previously incorporated for the benefit of the WTO into  DDP No. 4544 are within the 
perimeter of the new DDPs established for the benefit of the WTO . 
6.2  Creation of new easements  (taking  precedence over  all annotations):  
6.2.1   Exclusive use easement  
In order to provide the WTO with a security perimeter, it is agreed to  create an exclusive use 
easement for the benefit of DDP No. 5443, incumbent on plot 247, to be exercised on the site 
appearing in grid No. F1 of drawing No. 1 attached hereto . 
The dominant tenement may establish on this site an architectural structure for  security purposes 
(perimeter protection for the Centre William Rappard ). 
6.2.2   Right of usufruct  
In order to give the WTO a personal guarantee of full right of enjoyment of the buildings situated 
there, it is agreed to create a right of usufruct for the benefit  of the WTO , incumbent on plot 247, 
also to be exercised over the site appearing in grid No. F1 of drawing No. 1 attached hereto . 
The duration of this usufruct shall be the same as that of the surface right registered on sheet 
No. 5443 of the Commune of Ge neva, Petit -Saconnex section, namely ninety -nine ( 99) years as of 
the date of registration of  the deed in the Land Register . 
Nevertheless, this right of usufruct is subject to the condition subsequent to the effect that the 
WTO is the owner of the said sur face right . Otherwise, the right may be cancelled at the simple 
request of the owner . 
6.2.3   Underground right of way  
It is agreed to create an underground right of way for pedestrians for the benefit of DDP No. 5443, 
incumbent on plot 5410 and on DDP No. 5442, t o be exercised on the site appearing in grid No. C1 
of drawing No. 2 attached hereto . 
Maintenance of underground services is the exclusive responsibility of the dominant tenement . 
6.2.4   Right of way for pedestrians and vehicles  
It is agreed to create a right of way for pedestrians and vehicles for the benefit of  DDP No. 5442, 
shared  with the servient tenement and  to be exercised on the part of DDP No. 5443 appearing in 
grid No. C2 of easement drawing No. 3 attached hereto . 
Maintenance of the right of way is the r esponsibility of the servient tenement . 
The part of the  site of the easement to be exercised over  plot 247 and the easement of use for 
parking spaces appearing in grid No. F1 of the aforesaid easement drawing  shall be the subject of 
a separate deed . 
6.2.5   Pipeli ne easements  
It is agreed to create:  
(a) For the benefit of  DDP Nos. 5442 and 5443, over plot  5410, a waste  water easement  to 
be exercised over the site  appearing in grid No. G1 of easement drawing No. 4 attached 
hereto;  WT/BFA/W/298/Rev.1  
- 39 - 
  (b) For the benefit of DDP Nos. 5442 and 5443, over plots  5409 and 5410, a rain water 
easement  to be exercised over the site appearing in grid No. G3 of the aforesaid 
easement drawing ; and 
(c) For the benefit of DDP Nos. 5442, 5443 and 5457, over plot  5410, a drinking  water 
easement  to be exercised over the site appearing in grid No. G4 of the aforesaid 
easement drawing . 
Maintenance of  these  pipelines shall be one half (1/2)  incumbent upon DDP No. 5442 and one 
quarter (1/4) each  incumbent upon DDP Nos. 5443 and 5457.  
6.3  Subsequent creation of p ipeline easements : 
The Genève -Lac-Nations ( GLN) and gas pipeline easements for the benefit of  SERVICES 
INDUSTRIELS DE GENEVE appearing in grids G5 and G10 of the aforesaid easement drawing  No. 4 
shall be established  in a separate deed. 
7  CONTRACTUAL RIGHTS O F PRE -EMPTION  
1. Should the FIPOI not exercise its statutory right of pre -empti on referred to in Articles 4.9.2  
(surface right registered on sheet No. 5443) and 5.9.3 (surface right registered on sheet 
No. 5457), the STATE OF GENEVA may exercise a contract ual right of pre -emption on the same 
terms as the FIPOI . 
2. Should the STATE OF GENEVA in turn not exercise its aforementioned contractual right  of 
pre-emption or should it not exercise its statutory right of pre -emption provided in Article 3.9.3 
(surface right registered on sheet No. 5442), the SWISS CONFEDERATION may exercise a 
contractual right of pre -emption on the same terms as the STATE OF GENEVA . 
3. These rights of pre -emption may be exercised independently in respect of any of these surface 
rights w ithin six (6) months following notification by registered mail of the previous beneficiary's 
waiver of its right of pre -emption . 
4. These rights are established for the maximum statutory time -limit, namely 
twenty -five (25) years calculated from this day ; they shall be noted in the Land Register  and be 
subordinate to  the other  annotations, other than the  right of emption , as well as to the easements 
created  above . 
8  FINAL CLAUSES  
8.1  COST S 
All costs, duties, disbursements, emoluments and fees relating to this deed  and to any subsequent 
modifications , except for those of the surveyor, shall be payable by the SWISS CONFEDERATION, 
which its representative here appearing accepts on its behalf . 
All costs, duties, disbursements, emoluments and fees of the surveyor shall be payable by the 
STATE, which its representative here appearing accepts on its behalf . 
The latter notes that this transaction has been exempted both from registration fees and from the 
emoluments of the Land Register, pursuant to the Decree of the Council  of State of which a 
certified copy is annexed to this deed (Annex No. 2). 
8.2  APPLICATIONS TO THE LAND REGISTER  
- cancellation of the three existing surface rights ; 
- registration of a separate and permanent primary surface right, for the benefit of the FIPOI ; 
- registration of two separate and permanent secondary surface rights, for the benefit of the WTO ; WT/BFA/W/298/Rev.1  
- 40 - 
  - note of the agreements waiving the statutory right of pre -emption of the surface  right owners 
(3.17, 4.17 and 5.17 ); 
- note of a qualified right of pre-emption (3.9.3);  
- note of the provisions on compensation  (3.13, 3.14 ; 4.13, 4.14 ; 5.13, 5.14);  
- note of a right of purchase  (letter I. 10.2 of the infrastructure contract ); 
- cancellation of easements ; 
- cancellation of notes ; 
- creation of easements in r em; 
- creation of a right of usufruct ; and 
- note of pre -emption rights . 
8.3  ELECTION OF  DOMICILE  
For the performance of this contract, election of domicile for the purposes of jurisdiction has 
been made : 
- by the SWISS CONFEDERATION, in the offices of th e Fed eral Department of Finance at  
Bernerhof, 3003 Bern, 
- by the STATE, in  the offices of the Chancellery at  2 rue de l'Hôtel -de-Ville, Geneva,  
- by the FIPOI, at its headquarters at 15 rue de Varembé, Geneva,  
- by the WTO, at its headquarters at 154 rue de La usanne, Geneva . 
IN WITNESS WHEREOF  
Done at Bernerhof, Bundesgasse 3,  Bern,  
and, after a reading, those appearing for the parties and the notary have signed the agreement . 
(Signatures follow ) 
REGISTERED AT GENEVA on 4 September  2013 
Vol. 2013, No. 10834  
Fee: Sw.fr. 0  
In accordance with  the notification of 18 September  2013 
With no marginal notes or deletions  
(Signed : A. IMANOV)  
__________