TREATY OF FRIENDSHIP AND ESTABLISHMENT BETWEEN HIS MAJESTY THE KING OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND AND OF THE
BRITISH DOMINIONS BEYOND THE SEAS, ON BEHALF OF THE DOMINION OF INDIA, AND THE SWISS CONFEDERATION
14 August 1948
His Majesty The King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas for and on behalf
of the Dominion of India and the Swiss Federal Council being desirous of consolidating the bonds of peace and friendship, which have
ever existed between the two States and of developing peaceful and friendly relations between them, have resolved to conclude this
Treaty and have, for that purpose, appointed as their Plenipotentiaries: His Majesty The King of the United Kingdom of Great Britain
and Ireland and of the British Dominions beyond the Seas, on behalf of the Dominion of India, The Honourable Pandit Jawaharlal Nehru,
Prime Minister and Minister for External Affairs and Commonwealth Relations in the Government of India and the Swiss Federal Council,
Monsieur Armin Daeniker, Envoy Extraordinary and Minister Plenipotentiary of Switzerland in India, who, having communicated to each
other their respective full powers and found them good and in due form, have agreed and signed the following aiticles:
There shall be perpetual peace and unalterable friendship between the Dominion of India and Switzerland.
Each of the contracting parties shall be able to appoint diplomatic representatives, Consuls General, Consuls, Vice Consuls and Consular
Agents, who shall reside in towns, ports and other places in each other's territory where the corresponding representatives of other
countries reside or in such other places, as may be agreed to. Consuls General, Consuls, Vice Consuls and Consular Agents shall be
provided with exequaturs or other valid authoriration of their appointment. Such exequatur or authorisation is liable to be withdrawn
by the country which issued it if considered necessary. The reasons for the withdrawal shall be indicated wherever possible. The
persons mentioned above shall enjoy on a reciprocal basis all the rights, privileges, exemptions and immunities that are accorded
to persons of corresponding status of any other State.
The nationals of either of the contracting parties shall have in the territory of the other party, subject to the laws and rules in
force in that territory, the right of establishing themselves and of residence, of going from and coming to and of moving freely
within that territory.
The nationals of each of the contracting parties residing in the territory of the other party shall be treated in all respects that
concern the exercise of their trades and professions and the carrying on and development of their commercial or industrial enterprises
and their lawful traffic and trade on a footing of equality with the nationals of the "most-favoured foreign nation" provided
they conform to the laws and rules in force. They shall not be liable to any charge impost or tax of whatever nature other or greater
tha,n that which is demanded from the nationals of the "most-favoured foreign nations".
In no case shall either of the parties demand for its own nationals more extensive rights than it grants to persons of the other party
similarly engaged in a trade or a profession or in the development ol any commercial or industrial enterprise or lawful traffic and
The contracting parties undertake to extend to the nationals and goods of each other for everything concerning commercial travellers
and the import, export and transit of goods, treatment on the same basis as that given to the "most-favoured foreign nation".
The privileges which are at present extended or may be extended in future for facilitating the frontier traffic to neighbouring countries,
as also such privileges as might arise from a Custom Union already in existence or to be concluded in future by either of the contracting
parties are excluded.
The contracting parties will, as soon as possible, enter into negotiations for the conclusion of a more comprehensive Treaty or Treaties
of Establishment and Commerce which will inter alia cover the matters referred to in Articles III, IV, V and VI. Subject to the terms
of such Treaty or Treaties, this Treaty within respect to Articles III, IV, V and VI shall remain in force for a period of six months
after notification by either party to the other of its intention to terminate the operation of those articles.
Any disputes arising out of the interpretation or application of this Treaty or one or more of its articles shall be settled in the
first instance, by negotiations, and, if no settlement is reached within a period of six months from the commencement of negotiations,
by arbitration in such manner as may hereafter be determined by a general or special agreement between the contracting parties.
The present Treaty shall be ratified and shall come into effect on the date of the exchange of ratifications which shall take place
as soon as possible in Berne.
IN WITNESS WHEREOF, the Plenipotentiaries have signed the present Treaty in the English and French languages and have affixed thereto
DONE in duplicate in New Delhi the fourteenth day of August in the year one thousand nine hundred and forty-eight.
Signed by JAWAHARLAL NEHRU Prime Minister and Minister for External Affairs and Commonwealth Relations in the Government of India
on behalf of His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas.
In the presence of P.A. MENON [SEAL]
Signed by ARMIN DAENIKER Envoy Extraordinary and Minister Plenipotentiary of Switzerland in India on behalf of the Swiss Federal Council.
In the presence of PIERRE HENRI AUBARET [SCEAU]
On proceeding to sign the Treaty of Friendship and Establishment between His Majesty the King of the United Kingdom of Great Britain
and Ireland and of the British Dominions beyond the Seas, on behalf of the Dominion of India, and the Swiss Confederation, the undersigned
Plenipotentiaries have made the following reservations and declarations which shall form an integral part of the Treaty:
(i) For the purpose of this Treaty, the term "nationals of India" includes the subjects of the Indian States which have
acceded or may in future accede to the Dominion,of India. The provisions of this Treaty which secure in the Dominion of India "most-favoured
foreign nation" treatment to Swiss nationals and goods shall not apply to any special favours or preferences which the Dominion
of India accords or may hereafter accord to the nationals or goods of the Republic of Burma or of the Kingdom of Nepal.
(ii) The "most-favoured foreign nation" treatment under article VI shall not be deemed to be contravened by the import and
export control necessitated by considerations of foreign exchange or other emergent considerations. The present Protocol shall be
considered as approved and sanctioned by the contracting parties without any other special ratification by the sole fact of the exchange
of the ratifications of the Treaty to which it appertains. It has been drawn up in duplicate at New Delhi on the fourteenth day of
August one thousand nine hundred and forty-eight.