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RS 631.061 Order of 4 April 2007 on the processing of personal data in the Federal Customs Administration (Data Processing Ordinance in AFD)

Original Language Title: RS 631.061 Ordonnance du 4 avril 2007 sur le traitement des données personnelles dans l’Administration fédérale des douanes (Ordonnance sur le traitement des données dans l’AFD)

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631.061

Order respecting the processing of personal data in the Federal Customs Administration

(Data Processing Order in AFD) 1

4 April 2007 (State 1 Er January 2016)

The Swiss Federal Council,

Having regard to art. 110, para. 3 and 112, para. 5, of the Customs Act of 18 March 2005 (LD) 2 ,

Stops:

Section 1 General provisions

Art. 1 Purpose and scope

1 This order regulates the processing of personal data in the Federal Customs Administration (AFD) by means of information systems to set and collect royalties, to establish risk analyses, to continue and to judge Offences, to establish statistics, to carry out and analyse police activities in the field of the control of persons, to carry out and analyse the execution of the legislative acts of the Confederation other than customs, and to execute And analyse anti-crime activities.

2 Any collection of personal data entered in electronic form or in any other form shall be considered as a system of information.

3 The provisions governing:

A.
AFD; special information systems;
B.
Information systems of other federal bodies whose use is shared by AFD.
Art. 2 Annexes

1 The annexes contain the following information on information systems:

A.
The objectives;
B.
Content;
C.
Skills and organization;
D.
Access and treatment;
E.
Any deviations from the provisions of the order.

2 The annexes consist of the following three parts:

A.
Annexes A contain information systems under the competence of the Directorate General of Customs (DGD) and of the Border Guard Command (Cgfr) in its capacity as DGD's body;
B.
Annexes B contain information systems which fall within the competence of the Directorate of Arrondissement of the Customs concerned or that of the Border Guard Area Command concerned;
C.
Annexes C contain the information systems falling within the competence of the customs office concerned.

3 Are deemed to be identity and address (c. 2 of the annexes) in particular and as appropriate:

A.
For natural persons: name, first name (s), identification number, name of single, name of loan, surname and first name (s) of father and mother, date of birth, place of birth, place of origin, sex, marital status, profession, language, street, Home, telephone, mobile telephone and fax numbers, e-mail address, bank account number, required indication for the legal representative;
B.
For legal persons and associations of persons: name, undertaking, legal form, street, head office, persons or bodies acting on its behalf, telephone, mobile telephone and fax numbers, e-mail address, bank account number, Indication required for legal representative.
Art. 3 Jurisdiction and responsibility

1 The management competency of each of the information systems is assigned according to the objective of the DGD processing, the district branches, the border guards or the customs offices. While various AFD offices manage information systems for which data processing pursues the same objective, their activity is coordinated by the hierarchically higher office.

2 The competent AFD office in this case is responsible for the data it processes and its contents.

Art. 4 Organization

1 Information systems based on electronic data processing shall be operated in the form of own applications or on the office platform by the Federal Office of Information Technology and Telecommunications (OFIT) on the basis of AFD. The Office is responsible for the operation of information systems.

2 If the same data are processed by various AFD offices, the corresponding information systems can be networked as long as this is necessary for effective data processing.

Section 2 Data processing

Art. 5 Principle

1 Personal data can only be processed within the limits of the purpose assigned by each of the annexes.

2 The collection of personal data must be recognisable by the persons concerned.

Art. 6 Data Communication

1 AFD communicates data from information systems to other authorities in Switzerland as well as to third parties where such an obligation to inform is provided for by law. The communication of data is only permitted for the purposes set out in Art. 1, para. 1 and 2, para. 1, let. A.

2 The communication of data by appeal procedure is only possible if s. 112, para. 4, LD authorizes it and the attached Annex expressly provides for it. Within the AFD, access to the information system is carried out by means of an appeal procedure, provided that such access is expressly provided for in the relevant Annex (Art. 112, para. 4, let. B, LD).

Art. 7 Rights of the persons concerned

1 The rights of the data subjects, in particular the right of access to, rectification and deletion of data, are governed by the Federal Law of 19 June 1992 on Data Protection 1 And its implementing provisions.

2 Inaccurate data and data that do not comply with this order shall be corrected or deleted ex officio.


Art. 8 Retention and deletion of data

1 The data contained in the information systems shall be kept for a period of five years provided that the Annex concerned does not provide for a further delay.

2 The data contained in the information systems is deleted at the expiration of the retention period unless it is archived.

Art. Archiving data

Data that are no longer used are available to the Archives for archival purposes. The proposal, the evaluation and the delivery of the data are governed by the Federal Law of 26 June 1998 on archiving 1 .


Art. 10 Data security

1 The guarantee of data security is governed by the art. 20 and 21 of the Order of 14 June 1993 on the Federal Data Protection Act 1 And by art. 14 and 15 of the September 26, 2003, Order on Informatics in the Federal Government 2 .

2 The data, programs and documentation attached to it must be protected against unauthorized treatment, destruction and theft. They must be able to be restored.

3 The competent AFD office configures access to the various information systems for each user with user profiles, passwords and individual logins in consultation with the OFIT, so that information systems Be used only within the limits of each competency. Common passwords and collective logins are allowed on an exceptional basis.

4 The DGD, in consultation with the OFIT, lays down requirements for organisational and technical measures to ensure data security and ensures that data processing is automatically recorded.


1 RS 235.11
2 [ RO 2003 3687 , 2007 3401 art. 22 al. 2, 2010 635 Annex c. 2, 2011 4491]. See currently O of Dec 9. 2011 (RS 172.010.58 ).

Art. 11 Statistics

1 Personal data that has not been made anonymous can be processed for internal control and business planning purposes. Results must be destroyed after use.

2 Data used or published for statistical purposes shall not make it possible to draw conclusions on the persons concerned.

Art. 12 AFD Intranet and Internet Operations

1 The exploitation of AFD's intranet and internet sites may require the processing by DGD of data relating to persons who use these sites (log-files).

2 Personal data can only be processed for this operation and not longer than necessary. They must be deleted or made anonymous at the end of the operation.

Section 3 Final provisions

Art. 13 Repeal of the law in force

The order of 9 May 2003 on data processing 1 Is repealed.


1 [ RO 2003 1638 , 2004 2019]

Art. 14 Amendment of the law in force

... 1


1 The mod. Can be viewed at RO 2007 1715 .

Art. 15 Entry into force

This order shall enter into force on 1 Er May 2007.

Annex A 1

Exceptional authorisations for cross-border flights without the use of a customs aerodrome

(art. 142, para. 2 and 3, OD 1 )

1. Purpose

In view of art. 110, para. 2, let. A, b and e, LD, the information system is intended to:

1.
Give an overview of valid exceptional authorisations;
2.
Allow for the monitoring of compliance with the conditions laid down in the authorisations.

2. Content

The information system may contain the following data:

1.
The identity and address of the holder of the authorization;
2.
The date of establishment and the expiry date of the authorization;
3.
The name of the aerodrome;
4.
The name of the customs control office.

3. Jurisdiction and Organization

The Operations section of DGD manages the information system.

4. Access and Treatment

1.
The relevant employees in the DGD Operation section have access to the data and are authorized to process the data.
2.
The competent staff in the Criminal Cases Division of DGD and those in the Investigations sections of the District Directorates have access to the data.
3.
The competent staff in the Operations section of Cgfr Command have access to the data.
4.
The competent staff of the district directorates, the border guards of the border districts and the customs control offices shall have access to the data necessary for the completion of their duties. Tasks.


State 1 Er January 2016

Annex A 2

Information Systems Finance and Accounting (IF IF)

(art. 70 to 72, 76, 88 and 90 LD; conv. Of 20 May 1987 on a common transit procedure 1 )

1. Purpose

In view of art. 110, para. 2, let. A, b, e and g, LD, the information systems are used to:

1.
Collection of royalties;
2.
Management of debtors and creditors;
3.
The management of the guarantees provided;
4.
The management of encashment measures based on the federal law of April 11, 1889 on the pursuit of debt and bankruptcy 2 .

The data collected can also be used for reporting and statistical development, as well as for the planning of autonomous controls.

2. Content

Information systems can contain the following data:

1.
The identity and address of clients (natural or legal persons and associations of persons) in the centralised procedure for the administration of customs administration (PCD), those of the debtors and creditors of the customs administration Clients in the common transit system;
2.
Financial transaction data related to the collection and management of revenues, expenditures and guarantees provided.

3. Jurisdiction and Organization

The Finance and Accounting Section of the DGD manages information systems.

4. Access and Treatment

The competent staff in the Finance and Accounting Section of the DGD have access to the data and are authorized to process the data.

5. Retention Period

The data contained in the information systems are deleted at the end of a ten-year period.



State 1 Er January 2016

Annex A 3

Swiss and foreign companies that have breached the Precious Metals Control Act

(art. 6, 8 B , 17 and 44 to 56 of the Act of 20 June 1933 on the control of precious metals 1 )

1. Purpose

In view of art. 110, para. 2, let. G, LD, the information system is used to report physical challenges to the customs control offices.

2. Content

The information system may contain the following data:

1.
The address of the undertakings concerned;
2.
Indications on the minutes of the dispute.

3. Jurisdiction and Organization

The Central Bureau of Precious Metals Control manages the information system.

4. Access and Treatment

The competent employees of the Central Bureau for the Control of Precious Metals and the Operation of the Control Offices have access to the data and are authorized to process the data.



State 1 Er January 2016

Annex A 4

RPLP Mount Station Data Bank

(art. 16, para. 2, of the O of 6 March 2000 concerning a charge on heavy goods traffic 1 )

1. Purpose

In view of art. 110, para. 2, let. G, LD, the information system is used in the registration procedure for companies that install PPLP input devices.

2. Content

The information system may contain the following data:

1.
Addresses of RPLP assembly stations and assembly stations responsible for the replacement of the windscreen;
2.
The identity, address and AVS number of the employees of the garages authorized by the DGD to install PPLP input devices.

3. Jurisdiction and Organization

The RPLP division of the DGD manages the information system.

4. Access and Treatment

The competent employees of the RPLP division of the DGD have access to the data and are authorised to process them.



State 1 Er January 2016

Annex A 5

PPLP Input Device Controls

(art. 11, para. 2, of the Act of 19 Dec. 1997 concerning a levy on heavy goods vehicles 1 )

1. Purpose

In view of art. 110, para. 2, let. G, LD, the information system allows for the order and delivery of PPLP input devices.

2. Content

The information system may contain the following data:

1.
The name and address of the transport undertakings;
2.
The name and address of the truck repair shops;
3.
Control plates and service number of the trucks;
4.
RPLP input device numbers.

3. Jurisdiction and Organization

The Materials and Printed section of the DGD manages the information system.

4. Access and Treatment

The relevant employees in the Materials and Printed Section of the DGD have access to the data and are authorized to process the data.



State 1 Er January 2016

Annex A 6

RPLP Computer System Application (IF RPLP)

(art. 11 of the Act of 19 Dec. 1997 concerning a levy on heavy goods vehicles 1 ; art. 15 of the O of 6 March 2000 concerning a charge on heavy goods traffic 2 )

1. Purpose

In view of art. 110, para. 2, let. G, LD, the information system is used to collect PPLP.

2. Content

The information system may contain the following data:

1.
Registration data;
2.
Technical data (relating to the mileage benefits, the vacuum weight, the total weight, the weight of the whole, the emission code);
3.
Indications concerning taxes and invoices relating to the vehicle.

3. Jurisdiction and Organization

The RPLP division of the DGD manages the information system.

4. Access and Treatment

1.
The competent employees of the RPLP division, the Finance and Accounting Section and the Motor Vehicle and Royalty section of the DGD and the Customs offices have access to the data and are authorized to process the data.
2.
The competent staff of the Criminal Cases Division of the DGD, the Investigations sections of the District Directorates and those of the cantonal centres for traffic control of heavy goods vehicles have access to the data.
3.
The competent staff in the Operations section of Cgfr Command have access to the data.


State 1 Er January 2016

Annex A 7

Enforcement and Enforcement Central Application ("enforcement") From PPLP

(art. 42 of the O of 6 March 2000 concerning a charge on heavy goods traffic 1 )

1. Purpose

In view of art. 110, para. 2, let. G, LD, the PPLP enforcement and sanction station is used for the collection and application of the RPLP.

2. Content

The PPLP Enforcement and Enforcement Plant may contain the following data:

1.
Registration data;
2.
Input data, including photos of the crossing at the control facility.

3. Jurisdiction and Organization

The RPLP division of the DGD manages the RPLP enforcement and sanction plant.

4. Access and Treatment

1.
The competent employees of the RPLP division, the Finance and Accounting Section and the Motor Vehicle and Royalty section of the DGD and the Customs offices have access to the data and are authorized to process the data.
2.
The competent staff in the Criminal Cases Division of DGD and those in the Investigations sections of the District Directorates have access to the data.
3.
The competent staff in the Operations section of Cgfr Command have access to the data.


State 1 Er January 2016

Annex A 8 1

Cgfr Information System

(art. 94 to 96, 100 and 103 LD; s. 226 OD 2 )

1. Purpose

In view of art. 110, para. 2, let. B, d to f and h, LD, the information system is used for records management, management control, risk analysis and information for superiors, police authorities and federal offices delivering warrants.

2. Content

The information system may contain the following data:

A.
Indications of findings and events at the border (identity and address of persons, photographs of identity, descriptions of persons, details on vehicles, objects and concrete cases);
B.
Communications concerning interceptions at the border (identity and address of persons, photographs of identity, descriptions of persons, details on vehicles, objects and concrete cases);
C.
The following data transmitted under s. 6 of the order of 11 February 2009 on the control of cross-border traffic in cash 3 :
1.
The identity and address of the person subject to the obligation to provide information,
2.
The amount of cash,
3.
Data on the origin and intended use of cash,
4.
The identity and address of economic rights holders,
5.
Information on the provisional receiver,
6.
Data indicating whether the person subject to the obligation to provide information refused to provide information or provided incorrect information,
7.
Data on vehicles, objects and concrete cases.

3. Jurisdiction and Organization

The command of the Cgfr manages the information system.

4. Access and Treatment

1. Data referred to in c. 2, let a and b, are governed by the following access and processing rights:

A.
The competent employees of the Cgfr have access to the data and are authorised to deal with them;
B.
The competent staff of the Criminal Affairs and Risk Analysis Division of the DGD, as well as those of the Investigations sections of the district directorates, have access to the data;
C.
Narcotics experts at customs offices have access to and are authorized to process drug data;
D.
The competent staff of the Federal Judicial Police and the State Secretariat for Migration 4 Have access to the data through the appeal process;
E.
The competent employees of the cantonal police authorities have access to the data through the appeal procedure within the limits of the agreements provided for in Art. 97 LD.

2. Data referred to in c. 2, let. C, are governed by the following access and processing rights:

A.
The competent employees of the Cgfr and the specialists in the customs offices responsible for communications have access to the data and are authorised to deal with them;
B.
The competent employees of the Directorate of Criminal Affairs and the Risk Analysis Directorate of the DGD, as well as the competent persons in the field of analysis within the meaning of Art. 9 of the order of 11 February 2009 on the control of the cross-border traffic of cash, have access to the data and are allowed to treat it;
C.
The competent staff in the Investigations sections of the district directorates have access to the data;
D.
The collaborators of the relevant Federal Judicial Police in the fight against money laundering and the financing of terrorism have access to the data through the appeals process.

1 New content according to Art. 10 of the O of 11 February 2009 on the control of cross-border traffic in cash, in force since 1 Er March 2009 (RS 631.052 ).
2 RS 631.01
3 RS 631.052
4 The designation of the administrative unit has been adapted to 1 Er Jan. 2015 pursuant to Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ).


State 1 Er January 2016

Annex A 9

Data Bank for People Search

(art. 94 to 96 LD; art. 19 of the O of 11 Dec. 2000 on the organization of the Federal Department of Finance 1 )

1. Purpose

In view of art. 110, para. 2, let. A, c and f to h, LD, the information system is used for the centralized capture of all research notices published in the Cgfr and all ongoing research.

2. Content

The information system may contain the following information:

1.
Notices of caution;
2.
The Office issuing the announcement;
3.
The reasons for the research;
4.
Vehicle data;
5.
The identity and address of natural persons;
6.
The number of the research notice;
7.
The duration of validity of the research notice;
8.
The date of release;
9.
Distribution list;
10.
The date of revocation.

3. Jurisdiction and Organization

The Operations section of the Cgfr Command, the border command region commands and each customs office is empowered to manage an information system.

4. Access and Treatment

1.
The competent members of the Cgfr Command and those of the border guards have access to:
A.
Data from their own information systems and are entitled to deal with them;
B.
Data from customs office information systems in the customs district.
2.
The competent staff of the Criminal Cases Division of the DGD and the Investigations sections of the District Directorates have access to the information systems of the Cgfr Command and the border guard region commands.
3.
Members of Customs offices have access to:
A.
Data from their own information systems and are entitled to deal with them;
B.
Data from Cgfr Command and Border Guard Command Information Systems.

5. Retention Period

The data contained in the information systems are deleted at the end of a two-year period.


1 [ RO 2001 267 , 2003 1801 art. 19 2122 3687 Annex c. II 1, 2007 1409, 2008 2181 ch. II 1, 2008 5363 Annex, c. 2. RO 2010 635 art. 28]. See currently art. 14 of the O of 17 Feb 2010 (RS 172.215.1 ).


State 1 Er January 2016

Annex A 10

Cgfr Command Intelligence Analysis and Intelligence Centre and Border Guard Command Intelligence Unit

(art. 96, para. 1, LD; s. 19 of the O of 11 Dec. 2000 on the organization of the Federal Department of Finance 1 )

1. Purpose

In view of art. 110, para. 2, let. F at h, LD, the information system is used to allow access to files and the ranking of subsequent announcements for each of the cases dealt with.

2. Content

The information system may contain the following information:

1.
The identity and address of natural persons subject to identity checks in connection with the implementation of legislative acts of the Confederation other than customs and the fight against crime;
2.
Notices and control cards of persons and vehicles;

3. Jurisdiction and Organization

The Operations section of the Cgfr Command and the border command region commands are empowered to manage an information system.

4. Access and Treatment

The competent staff in the Operations section of the Cgfr Command and the border police forces have access to the data and are allowed to process it.


1 [ RO 2001 267 , 2003 1801 art. 19 2122 3687 Annex c. II 1, 2007 1409, 2008 2181 ch. II 1, 2008 5363 Annex, c. 2. RO 2010 635 art. 28]. See currently art. 14 of the O of 17 Feb 2010 (RS 172.215.1 ).


State 1 Er January 2016

Annex A 11

Quota management (e-quota)

(LF 9 oct. 1981 on tariff preferences 1 ; art. 21 to 25 of the Agriculture Act of 29 April 1998 2 )

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system (e-quota) is used to manage tariff rate quotas.

2. Content

The information system (with a TRQ system) may contain the following data:

1.
The identity and address of holders of tariff rate quota or general import permit;
2.
The contents of the customs import declarations.

3. Jurisdiction and Organization

The Customs Procedures section of the DGD manages the information system as a whole, with the exception of tobacco-related data processed by the Taxation and Beer Section of the DGD.

4. Access and Treatment

1.
The competent staff in the Customs Procedures section of the DGD shall have access to the data listed in the c. 2 and are allowed to process them.
2.
The competent staff of the Federal Office of Agriculture have access to the data through the appeal procedure and are allowed to process them.


State 1 Er January 2016

Annex A 12

Investment systems under customs arrangements (in the traffic in goods and in postal traffic) and lists of addresses of companies and their employees applying these systems

(art. 21 to 31 LD; s. 75 to 83 OD 1 ; Conv. Of 20 May 1987 on a common transit procedure 2 ; art. 22 of the prot. N ° 3 of 28 April 2004 on the definition of the concept of "originating products" and methods of administrative cooperation 3 )

1. Purpose

In view of art. 110, para. 2, let. A, b, e and g, LD, the information system is used for the management of taxing goods, in particular for:

1.
Collection of royalties;
2.
The conduct of international transits in accordance with the Convention on a common transit procedure;
3.
The management of verifications carried out at the time of importation, exportation and transit in the traffic of goods, including postal traffic;
4.
Information on customs investment systems used by customs partners;
5.
An overview of the employees of the transport undertakings authorised to make customs declarations.

The data collected can also be used for reporting and statistics development, as well as for the planning of autonomous controls.

2. Content

Information systems may contain the following data relating to placement under customs procedures:

1.
The identity and address of exporters, importers and freight forwarders who are placing under customs arrangements in a particular system;
2.
Number and type of authorization; reference number;
3.
The verification with the date, the reporting number, the forwarder, the identity and address of the persons subject to the obligation to report, the designation of the goods, the tariff number and the value of the goods;
4.
The type of investment under customs procedures; special schemes;
5.
Potential challenges;
6.
Remarks and the type of liquidation.

3. Jurisdiction and Organization

The DGD, the district directorates and the customs offices are empowered to manage information systems according to their needs.

4. Access and Treatment

1.
The competent DGD, district and customs offices have access to the data in their own information systems and are allowed to process them.
2.
The competent staff in the Criminal Cases Division of the DGD and the Investigations sections of the District Directorates have access to the data of the information systems.
3.
Access to the data may be granted to competent staff in the hierarchically higher and lower offices.

5. Retention Period

The data contained in the information systems are deleted at the end of a ten-year period.



State 1 Er January 2016

Annex A 13

Intellectual property; list of persons who requested the intervention of the Customs Administration

(art. 75 to 77 of the Act of 9 Oct. 1992 on copyright 1 ; art. 70 to 72 of the Law of 28 August 1992 on the Protection of Marks 2 ; art. 46 to 48 of the Act of 5 October. 2001 on designs 3 )

1. Purpose

In view of art. 110, para. 2, let. G and h, LD, the information system serves as the point of contact when customs offices note suspicious shipments.

2. Content

The information system may contain the following data:

1.
Registered trademarks and designs and protected works;
2.
The identity and address of the holder and his or her legal representative;
3.
The list of goods for which the mark or design is claimed;
4.
A list of copyrighted works;
5.
Counterfeit and imitation;
6.
Criteria for distinguishing authentic products;
7.
Remarks;
8.
The duration of validity of the intervention request.

3. Jurisdiction and Organization

The Customs Procedures section of the DGD manages the information system.

4. Access and Treatment

1.
The competent staff in the Customs Procedures section of the DGD have access to the data and are authorised to process them.
2.
AFD employees have access to data via the Intranet.


State 1 Er January 2016

Annex A 14

Evidence of placement under customs procedure for the admission of aircraft (form. 15.15)

(art. 21 to 31 LD; s. 138 to 144 OD 1 ; art. 105 of the Act of 21 Dec. 1948 in aviation 2 ; art. 11 and 20 of the O of 14 Nov 1973 on aviation 3 ;)

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system is used for the control of placement under customs procedure and for the control of the admission of aircraft when they are registered.

2. Content

The information system may contain the following data:

1.
Indications from the evidence of the placement under customs procedure for the admission of aircraft (form. 15.15);
2.
The registration mark, date and signature.

3. Jurisdiction and Organization

The DGD's Road Traffic Fees and Charges section manages the information system.

4. Access and Treatment

1.
The competent staff in the DGD Road Traffic Fees and Vehicles section have access to the data and are authorized to process the data.
2.
The competent staff in the Operations section of Cgfr Command have access to the data.
3.
The competent staff of the district directorates and the customs offices have access to the data.


State 1 Er January 2016

Annex A 15

Control of Placement Under Customs Regime of Swiss and Foreign Aircraft

(art. 138 to 144 OD 1 ; art. 105 of the Act of 21 Dec. 1948 in aviation 2 )

1. Purpose

In view of art. 110, para. 2, let. A, LD, the information system is used for the control of placement under the customs regime of Swiss and foreign aircraft.

2. Content

The information system may contain the following data:

1.
Indications from the evidence of the placement under customs procedure for the registration of aircraft, with the type of aircraft, the manufacturer, the type of construction, the serial number, the registration mark, the number of the tax decision Customs and VAT and the date stamp of the customs office;
2.
The customs status (taxed or untaxed) and the location of the aircraft.

3. Jurisdiction and Organization

The DGD's Road Traffic Fees and Charges section manages the information system.

4. Access and Treatment

1.
The competent staff in the DGD Road Traffic Fees and Vehicles section have access to the data and are authorized to process the data.
2.
The competent staff in the Operations section of Cgfr Command have access to the data.
3.
The competent staff of the district directorates and the customs offices have access to the data.


State 1 Er January 2016

Annex A 16

Licensees for the temporary duty free use and admission of on-road vehicles (Forms 15.30 and 15.40)

(art. 21 to 31 LD; s. 35 to 37 and 75 to 83 OD 1 ; art. 122 of the O of 27 Oct. 1976 regulating admission to road traffic 2 )

1. Purpose

In view of art. 110, para. 2, let. A, LD, the information system is used for the control of placement under customs arrangements and for the admission of road vehicles which have not been taxed.

2. Content

The information system may contain data on persons and vehicles from authorizations (forms 15.30 and 15.40).

3. Jurisdiction and Organization

The DGD's Road Traffic Fees and Charges section manages the information system.

4. Access and Treatment

The competent employees of the DGD vehicles and charges section, those of the district directorates and those of the customs offices have access to the data and are authorised to deal with them.



State 1 Er January 2016

Annex A 17

Companies operating buses in line traffic as part of a concession

(art. 3 and 7 of the O of 6 March 2000 concerning a charge on heavy goods traffic 1 )

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system is used to control the line traffic of coaches within the framework of a concession.

2. Content

The information system may contain the following data:

1.
Indications of the personnel and address of undertakings active in the line traffic;
2.
Indications concerning the concession granted;
3.
Vehicle data;
4.
Data relevant to the refund.

3. Jurisdiction and Organization

The DGD's Road Traffic Fees and Charges section manages the information system.

4. Access and Treatment

The competent staff in the DGD Road Traffic Fees and Vehicles section have access to the data and are authorized to process the data.



State 1 Er January 2016

Annex A 18

Persons requesting reimbursement of the Lump Sum Charge on Heavy-Duty Traffic (RPLP) for Foreign Runs, TCNA races and Timber Transportation

(art. 8 to 12 A And 33 of the O of 6 March 2000 concerning a charge on heavy goods traffic 1 )

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system is used to process and control claims.

2. Content

The information system may contain the following data:

1.
The identity and address of the applicant;
2.
The registration number;
3.
The repayment period (calendar year) and the amount of the refund.

3. Jurisdiction and Organization

The DGD's Road Traffic Fees and Charges section manages the information system.

4. Access and Treatment

The competent staff in the DGD Road Traffic Fees and Vehicles section have access to the data and are authorized to process the data.



State 1 Er January 2016

Annex A 19

Evidence of placement under customs procedure for ordinary admission of vessels (Form 15.10)

(art. 96 and 164 of the O of 8 Nov 1978 on inland navigation 1 )

1. Purpose

In view of art. 110, para. 2, let. A, LD, the information system is used for the control of placement under customs procedure and for the control of the admission of vessels.

2. Content

The information system may contain the following data:

1.
Indications from the evidence of the placement under customs procedure for ordinary admission of vessels (Form 15.10);
2.
A copy of the navigation permit.

3. Jurisdiction and Organization

The DGD's Road Traffic Fees and Charges section manages the information system.

4. Access and Treatment

The competent staff in the DGD Road Traffic Fees and Vehicles section have access to the data and are authorized to process the data.



State 1 Er January 2016

Annex A 20

Licensees for the use and temporary duty free admission of vessels (Form 15.32)

(art. 9 LD; s. 35 and 164 OD 1 In relation to art. 95 and 164 of the O of 8 Nov 1978 on inland navigation 2 )

1. Purpose

In view of art. 110, para. 2, let. A, LD, the information system is used for the control of placement under customs arrangements and for the admission of vessels which have not been taxed.

2. Content

The information system may contain data on persons and vessels from authorizations (Form 15.32).

3. Jurisdiction and Organization

The DGD's Road Traffic Fees and Charges section manages the information system.

4. Access and Treatment

The competent staff in the DGD Road Traffic Fees and Vehicles section have access to the data and are authorized to process the data.



State 1 Er January 2016

Annex A 21

Risk Analysis Data Bank

(art. 21 to 31 LD; s. 75 to 83 OD 1 )

1. Purpose

In view of art. 110, para. 2, let. B and c, LD, the information system is used for the collection and management of advertisements, information and press articles for the purpose of establishing risk analyses for goods, undertakings, procedures, etc.

The data collected may also be used for statistical purposes in accordance with Art. 110, para. 2, let. E, LD.

2. Content

The information system may contain the following data:

1.
The identity and address of businesses and details concerning them (persons subject to the obligation to declare, freight forwarders, branch, VAT number, etc.);
2.
Identity, address, industry, VAT number, etc., and indications classified by company of investments in the customs regime of goods, verifications, corrections, subsequent perceptions, criminal proceedings (including the nature of the offence and the amount of the fine) and the warnings issued by the company;
3.
Identity, address, industry, VAT number, etc., of consignors and consignees of goods;
4.
Indications of imports, exports and transits of so-called risk goods;
5.
Indications of risk analyses carried out and possible measures taken on their basis.

3. Jurisdiction and Organization

The DGD Risk Analysis service manages the information system.

4. Access and Treatment

1.
The competent employees of the DGD Risk Analysis Service have access to the data and are authorized to process the data.
2
The competent staff in the Criminal Cases Division of DGD and those in the Investigations sections of the District Directorates have access to the data.
3.
The competent staff of the customs offices have access to the data.
4.
Risk analyses can be published on the Intranet.


State 1 Er January 2016

Annex A 22 1

List of importers of raw tobacco and manufactured tobacco

(art. 13-15 of the Act of 21 March 1969 on the taxation of tobacco 2 )

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system is used to register setbacks and to control tobacco taxation.

2. Content

The information system may contain the following data:

1.
The identity and address of importers of raw tobacco and manufactured tobacco;
2.
The business line of the importer concerned;
3.
The reverse number;
4.
A stay of payment.

3. Jurisdiction and Organization

The Tobacco and Beer Taxation Section of the DGD manages the information system.

4. Access and Treatment

1.
The competent employees in the section Imposition du tabac et de la bière de la DGD have access to the data and are allowed to process it.
2.
AFD employees have access to data via Intranet.

1 New content according to Art. 44 hp. 1 let. A from O du 14 oct. 2009 on tobacco taxation, in force since 1 Er Jan 2010 ( RO 2009 5577 ).
2 RS 641.31


State 1 Er January 2016

Annex A 23

List of people who import raw materials from or trade in raw materials (tobacco and tobacco substitutes)

(art. 13-15 of the Act of 21 March 1969 on the taxation of tobacco 1 )

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system is used to register setbacks and to control tobacco taxation.

2. Content

The information system may contain the following data:

1.
The identity and address of importers of raw materials;
2.
The identity and address of commodity traders;
3.
The business line;
4.
The reverse number.

3. Jurisdiction and Organization

The Tobacco and Beer Taxation Section of the DGD manages the information system.

4. Access and Treatment

1.
The competent employees in the section Imposition du tabac et de la bière de la DGD have access to the data and are allowed to process it.
2.
AFD employees have access to data via the Intranet.


State 1 Er January 2016

Annex A 24 1

List of manufacturers of manufactured tobacco

(art. 13-15 of the Act of 21 March 1969 on the taxation of tobacco 2 )

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system is used to register setbacks and to control tobacco taxation.

2. Content

The information system may contain the following data:

1.
The identity and address of the manufacturer of manufactured tobacco;
2.
The manufacturer's business line;
3.
The reverse number;
4.
A stay of payment.

3. Jurisdiction and Organization

The Tobacco and Beer Taxation Section of the DGD manages the information system.

4. Access and Treatment

1.
The competent employees in the section Imposition du tabac et de la bière de la DGD have access to the data and are allowed to process it.
2.
AFD employees have access to data via Intranet.

1 New content according to Art. 44 hp. 1 let. A from O du 14 oct. 2009 on tobacco taxation, in force since 1 Er Jan 2010 (RO) 2009 5577 ).
2 RS 641.31


State 1 Er January 2016

Annex A 24a 1

Registered Tax Warehouse Operators List

(art. 13-15 of the Act of 21 March 1969 on the taxation of tobacco 2 )

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system is used to register setbacks and to control tobacco taxation.

2. Content

The information system may contain the following data:

1.
The identity and address of the operator of an approved tax warehouse;
2.
The business line;
3.
The reverse number;
4.
A stay of payment.

3. Jurisdiction and Organization

The Tobacco and Beer Taxation Section of the DGD manages the information system.

4. Access and Treatment

1.
The competent employees in the section Imposition du tabac et de la bière de la DGD have access to the data and are allowed to process it.
2.
AFD employees have access to data via Intranet.

1 Introduced by Art. 44 hp. 1 let. B of the O of 14 Oct. 2009 on tobacco taxation, in force since 1 Er Jan 2010 ( RO 2009 5577 ).
2 RS 641.31


State 1 Er January 2016

Annex A 24b 1

List of warehousekeepers of manufactured tobacco in customs-free deposits

(art. 16 of the Act of 21 March 1969 on the taxation of tobacco 2 )

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system is used to register setbacks and to control tobacco taxation.

2. Content

The information system may contain the following data:

1.
The identity and address of the warehousekeeper of manufactured tobacco in customs free deposits;
2.
The business line;
3.
The reverse number;
4.
A stay of payment.

3. Jurisdiction and Organization

The Tobacco and Beer Taxation Section of the DGD manages the information system.

4. Access and Treatment

1.
The competent employees in the section Imposition du tabac et de la bière de la DGD have access to the data and are allowed to process it.
2.
AFD employees have access to data via Intranet.

1 Introduced by Art. 44 hp. 1 let. B of the O of 14 Oct. 2009 on tobacco taxation, in force since 1 Er Jan 2010 ( RO 2009 5577 ).
2 RS 641.31


State 1 Er January 2016

Annex A 25

List of professional beer manufacturers

(art. 44 to 47 of the R ex. Of the ACF of 4 August 1934 concerning a federal drink tax, 27 Nov 1934. 1 )

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system is used to register professional Swiss beer manufacturers and to control the taxation of beer in Switzerland.

2. Content

The information system may contain the following data:

1.
The identity and address of professional beer manufacturers (native breweries);
2.
The control number.

3. Jurisdiction and Organization

The Tobacco and Beer Taxation Section of the DGD manages the information system.

4. Access and Treatment

The competent employees in the section Imposition du tabac et de la bière de la DGD have access to the data and are allowed to process it.


1 [RS 6 285; RO 1974 1955, 2007 1469 Annex 4, c. 27. RO 2007 2909 art. 23 hp. 1]. From the entry into force of the Act of 6 October. 2006 on beer taxation (RS 641.411 ) On 1 Er Jul. 2007, we will refer to art. 15 of the said Act.


State 1 Er January 2016

Annex A 26

Authorization Holders for the Deferral Procedure

(art. 82 and 83 of the Act of 2. 1999 on VAT, VAT 1 )

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system is used to control the obtaining by the importer who is subject to tax on the Swiss territory of an authorization for deferment of payment of the import tax to the Federal Administration of Contributions within the meaning of s. 83 LTVA.

2. Content

The information system may contain the following data:

1.
The identity and address of the holder of the authorization;
2.
The authorization number;
3.
The number under which the holder of the authorisation appears in the register of taxable persons on Swiss territory;
4.
The beginning and end of the period of validity of the authorization.

3. Jurisdiction and Organization

The value-added tax section of the DGD manages the information system.

4. Access and Treatment

1.
The competent staff in the Value Added Tax section of the DGD have access to the data and are allowed to process it.
2.
AFD employees have access to data via the Intranet.

1 [ RO 2000 1300 1134, 2001 3086, 2002 1480, 2004 4719 Annex, c. II 5, 2005 4545 Annex, c. 2, 2006 2197 Annex c. 52 2673 3243 5379 annex, c. II 5, 2007 1411 Annex c. 7 3425 Annex c. 1 6637 annex, c. II 5. RO 2009 5203 art. 110]. See currently art. 62 and 63 of the PMQ of 12 June 2009 (RS 641.20 ).


State 1 Er January 2016

Annex A 27

Swiss holders of an authorization who voluntarily surrender to the Federal Government of Canada (Statement of Commitment)

(art. 82 LTVA 1 )

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system is used for the control of Swiss intermediaries who, in the context of the placement under customs arrangements for triangular and chain operations, voluntarily establish a count with the Administration Federal contributions.

2. Content

The information system may contain the following data:

1.
The identity and address of the holder of the authorization;
2.
The authorization number;
3.
The number under which the holder of the authorisation appears in the register of taxable persons on Swiss territory;
4.
The beginning and end of the voluntary reporting period.

3. Jurisdiction and Organization

The value-added tax section of the DGD manages the information system.

4. Access and Treatment

1.
The competent staff in the Value Added Tax section of the DGD have access to the data and are allowed to process it.
2.
AFD employees have access to data via the Intranet.

1 [ RO 2000 1300 1134, 2001 3086, 2002 1480, 2004 4719 Annex, c. II 5, 2005 4545 Annex, c. 2, 2006 2197 Annex c. 52 2673 3243 5379 annex, c. II 5, 2007 1411 Annex c. 7 3425 Annex c. 1 6637 annex, c. II 5. RO 2009 5203 art. 110]. See currently art. 62 PMQ of 12 June 2009 (RS 641.20 ).


State 1 Er January 2016

Annex A 28

Foreign suppliers cash to the Federal Contributions Administration (Statement of Commitment)

(art. 82 LTVA 1 )

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system is used for the control of foreign suppliers who voluntarily establish a count with the Federal Contributions Administration in respect of deliveries to the customs territory.

2. Content

The information system may contain the following data:

1.
The identity and address of the holder of the authorization;
2.
The authorization number;
3.
The number under which the holder of the authorisation appears in the register of taxable persons on Swiss territory;
4.
The beginning and end of the voluntary reporting period.

3. Jurisdiction and Organization

The value-added tax section of the DGD manages the information system.

4. Access and Treatment

1.
The competent staff in the Value Added Tax section of the DGD have access to the data and are allowed to process it.
2.
AFD employees have access to data via the Intranet.

1 [ RO 2000 1300 1134, 2001 3086, 2002 1480, 2004 4719 Annex, c. II 5, 2005 4545 Annex, c. 2, 2006 2197 Annex c. 52 2673 3243 5379 annex, c. II 5, 2007 1411 Annex c. 7 3425 Annex c. 1 6637 annex, c. II 5. RO 2009 5203 art. 110]. See currently art. 62 PMQ of 12 June 2009 (RS 641.20 ).


State 1 Er January 2016

Annex A 29

Incumbents of an authorization voluntarily paying tax on Swiss territory for shipments originating from open customs deposits or open customs warehouses (EDO) (counting by the supplier from a free-to-bond deposit or From an EDO)

(art. 82 LTVA 1 )

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system is used for the control of suppliers who, in the context of the placing under customs regime of deliveries made from customs or EDO deposits, voluntarily remit tax to the The Federal Contributions Administration.

2. Content

The information system may contain the following data:

1.
The name and address of the holder of the authorization;
2.
The authorization number;
3.
The number under which the holder of the authorisation appears in the register of taxable persons on Swiss territory;
4.
The beginning and end of the voluntary tax period.

3. Jurisdiction and Organization

The value-added tax section of the DGD manages the information system.

4. Access and Treatment

1.
The competent staff in the Value Added Tax section of the DGD have access to the data and are allowed to process it.
2.
AFD employees have access to data via the Intranet.

1 [ RO 2000 1300 1134, 2001 3086, 2002 1480, 2004 4719 Annex, c. II 5, 2005 4545 Annex, c. 2, 2006 2197 Annex c. 52 2673 3243 5379 annex, c. II 5, 2007 1411 Annex c. 7 3425 Annex c. 1 6637 annex, c. II 5. RO 2009 5203 art. 110]. See currently art. 62 PMQ of 12 June 2009 (RS 641.20 ).


State 1 Er January 2016

Annex A 30

Licensees for the duty-free importation of aircraft and aircraft parts

(art. 74, para. 1, c. 10, and art. 82 LTVA 1 )

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system is used for the control of aircraft and aircraft parts under the customs regime.

2. Content

The information system may contain the following data:

1.
The identity and address of the holder of the authorization;
2.
The authorization number;
3.
The number under which the person appears in the register of taxable persons on Swiss territory;
4.
The beginning and end of the duty-free period.

3. Jurisdiction and Organization

The value-added tax section of the DGD manages the information system.

4. Access and Treatment

1.
The competent staff in the Value Added Tax section of the DGD have access to the data and are allowed to process it.
2.
AFD employees have access to data via the Intranet.

1 [ RO 2000 1300 1134, 2001 3086, 2002 1480, 2004 4719 Annex, c. II 5, 2005 4545 Annex, c. 2, 2006 2197 Annex c. 52 2673 3243 5379 annex, c. II 5, 2007 1411 Annex c. 7 3425 Annex c. 1 6637 annex, c. II 5. RO 2009 5203 art. 110]. See currently art. 23 and 62 of the PMQ of 12 June 2009 (RS 641.20 ).


State 1 Er January 2016

Annex A 31

Value Control for the Placement of Aircraft Under Customs Regime (Value of Taxed Aircraft)

(art. 76, para. 1, let. A, and 82 VAT 1 )

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system is used in the free circulation of aircraft to a value control based on the data collected on aircraft already taxed by customs offices.

2. Content

The information system may contain the following data:

1.
The identity and address of the recipient;
2.
Designation of taxing aircraft, including the serial number and year of construction;
3.
Aircraft equipment;
4.
Registration number;
5.
The date of taxation;
6.
Value of the aircraft.

3. Jurisdiction and Organization

The value-added tax section of the DGD manages the information system.

4. Access and Treatment

1.
The competent staff in the Value Added Tax section of the DGD have access to the data and are allowed to process it.
2.
AFD employees have access to data via the Intranet.

1 [ RO 2000 1300 1134, 2001 3086, 2002 1480, 2004 4719 Annex, c. II 5, 2005 4545 Annex, c. 2, 2006 2197 Annex c. 52 2673 3243 5379 annex, c. II 5, 2007 1411 Annex c. 7 3425 Annex c. 1 6637 annex, c. II 5. RO 2009 5203 art. 110]. See currently art. 24 and 62 PMQ of 12 June 2009 (RS 641.20 ).


State 1 Er January 2016

Annex A 32

Conventions on the Average Value of Software Deliveries from Abroad (Average Software Values)

(art. 76, para. 1, let. B, and 82 LTVA 1 )

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system is used to ensure the conclusion of an agreement between the importer subject to tax on the Swiss territory and the section on the value added tax section of the DGD on the average import values of the Software deliveries.

2. Content

The information system may contain the following data:

1.
The importer's identity and address;
2.
The number under which the person appears in the register of taxable persons on Swiss territory;
3.
The type of software and its average value;
4.
The beginning and end of the period covered by the Convention.

3. Jurisdiction and Organization

The value-added tax section of the DGD manages the information system.

4. Access and Treatment

1.
The competent staff in the Value Added Tax section of the DGD have access to the data and are allowed to process it.
2.
AFD employees have access to data via the Intranet.

1 [ RO 2000 1300 1134, 2001 3086, 2002 1480, 2004 4719 Annex, c. II 5, 2005 4545 Annex, c. 2, 2006 2197 Annex c. 52 2673 3243 5379 annex, c. II 5, 2007 1411 Annex c. 7 3425 Annex c. 1 6637 annex, c. II 5. RO 2009 5203 art. 110]. See currently art. 24 and 62 PMQ of 12 June 2009 (RS 641.20 ).


State 1 Er January 2016

Annex A 33

Collection of tax on counterbenefit due to the use of goods placed under the temporary admission procedure upon importation

(art. 76, para. 1, let. G, and 82 LTVA 1 )

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system is used to collect the tax on the counterbenefit due to the use of goods placed under the temporary admission procedure upon importation.

2. Content

The information system may contain the following data:

1.
The importer's identity and address;
2.
The designation of temporarily imported goods;
3.
The amount of tax owing;
4.
The tax ruling number for goods imported under the temporary admission procedure or the ATA carnet number;
5.
The customs office of entry, the date of entry of the goods;
6.
Correspondence.

3. Jurisdiction and Organization

The value-added tax section of the DGD manages the information system.

4. Access and Treatment

The competent staff in the Value Added Tax section of the DGD have access to the data and are allowed to process it.


1 [ RO 2000 1300 1134, 2001 3086, 2002 1480, 2004 4719 Annex, c. II 5, 2005 4545 Annex, c. 2, 2006 2197 Annex c. 52 2673 3243 5379 annex, c. II 5, 2007 1411 Annex c. 7 3425 Annex c. 1 6637 annex, c. II 5. RO 2009 5203 art. 110]. See currently art. 24 and 62 PMQ of 12 June 2009 (RS 641.20 ).


State 1 Er January 2016

Annex A 34

Foreign enterprises with taxable turnover on Swiss territory

(art. 54, para. 5, LTVA 1 )

1. Purpose

In view of art. 110, para. 2, let. G, LD, the information system is used to identify foreign companies whose turnover in the Swiss territory exceeds 75 000 francs in order to enable the Section's Value Added Tax section to announce these Enterprises in the main division Tax on the value added of the Federal Administration of Contributions in the framework of administrative assistance within the meaning of Art. 54, para. 5, LTVA.

2. Content

The information system may contain the following data:

1.
The identity and address of foreign companies or their representation whose turnover on Swiss territory is taxable;
2.
The type and extent of the activity and the turnover achieved;
3.
The customs office having made the announcement and the date of the announcement.

3. Jurisdiction and Organization

The value-added tax section of the DGD manages the information system.

4. Access and Treatment

1.
The competent staff in the Value Added Tax section of the DGD have access to the data and are allowed to process it.
2.
AFD employees have access to data via the Intranet.

1 [ RO 2000 1300 1134, 2001 3086, 2002 1480, 2004 4719 Annex, c. II 5, 2005 4545 Annex, c. 2, 2006 2197 Annex c. 52 2673 3243 5379 annex, c. II 5, 2007 1411 Annex c. 7 3425 Annex c. 1 6637 annex, c. II 5. RO 2009 5203 art. 110]. See currently art. 75 of the PMQ of 12 June 2009 (RS 641.20 ).


State 1 Er January 2016

Annex A 35

Preliminary Investigation and Special Analysis of AFD

(art. 128 LD in relation to s. 32 to 72 of the PMQ of 22 March 1974 on administrative criminal law 1 )

1. Purpose

In view of art. 110, para. 2, let. A and c, LD, the information system is used to collect, analyse and exploit information under various preliminary investigation projects with the aim of discovering infringements already committed.

The result of the analysis is the initiation of a criminal investigation.

2. Content

The system may contain all the information necessary for the purpose described. This information may differ depending on the type of preliminary investigation. In particular, the following information may be used:

1.
The content of customs declarations (import, export and transit);
2.
Additional details concerning the placement under customs arrangements of the goods concerned by the project;
3.
All indications provided by customs offices and relevant from the perspective of the project.

3. Jurisdiction and Organization

1.
The Criminal Cases Division of DGD and the Operations section of the Cgfr Command manage an information system for projects at the national level. The management of several information systems pursuing the same objective is also possible.
2.
The Investigations sections of the district directorates and intelligence units of the border regions are empowered to manage information systems themselves for projects at the district and regional level.

4. Access and Treatment

1.
The competent employees of the Criminal Cases Division of DGD and those in the Operations section of Cgfr Command have access to:
A.
Data from their own information systems and are allowed to process them;
B.
Data from the information system of the Investigations sections of the district directorates and intelligence units of the border regions.
2.
The competent staff of the Investigations sections of the district directorates and intelligence units of the border guard regions have access to the following data:
A.
Data from their own information systems, as well as those of the Criminal Cases Division of the DGD and the Cgfr Command Operations section system; they are authorized to process this data;
B.
Data from the information system of the Investigations sections of other district directorates and intelligence cells border guard regions.
3.
The DGD's Risk Analysis department has access to the data.

5. Retention Period

The information contained in the information system is deleted at the end of a two-year period.



State 1 Er January 2016

Annex A 36

TADOC Tariff Documentation II

(art. 7 and 20 LD in relation to the Act of 9 Oct. 1986 on the Customs Tariff 1 )

1. Purpose

In view of art. 110, para. 2, let. A, LD, the information system is used for the registration and processing of cases by the main division Customs and Statistics of Foreign Trade of the DGD and by the sections Customs Tariff and Customs Tariff District.

2. Content

The information system may contain the following data:

1.
Business registration data;
2.
The identity and address of natural and legal persons and associations of persons;
3.
Brand names, complementary designations, common names, descriptions of goods and relevant additional indications (remarks, preliminary documents);
4.
Search criteria, tariff numbers, statistical keys;
5.
The indication of authorised development traffic (type and country of development, authorization numbers, goods and quantities, remarks on authorisations);
6.
Chemical compositions (recipes);
7.
Warrants and analysis reports;
8.
Indications of proof of origin;
9.
The results of subsequent controls.

3. Jurisdiction and Organization

DGD's Customs Tariff division manages the information system.

4. Access and Treatment

1.
The competent staff of the main division Customs and Statistics of Foreign Trade and the Risk Analyses of DGD as well as those of the district directorates have access to the data and are authorised to deal with them.
2.
The competent staff in the Criminal Cases Division of DGD and those in the Investigations sections of the District Directorates have access to the data.
3.
The competent staff of the customs offices have access to the data.

5. Retention Period

The information contained in the information system is deleted at the end of a ten-year period.



State 1 Er January 2016

Annex A 37 1

Licensed Exporters

(O of 23 May 2012 on the issue of proof of origin 2 ; agreements listed in Schedule 1 of the June 18, 2008, Free Trade Order 1 3 ; agreements listed in Schedule 1 of the June 27, 1995, Free Trade Order 2 4 )

1. Purpose

In view of art. 110, para. 2, let. A, LD, the information system is used to fulfil the duty of supervision prescribed in the aforementioned agreements.

2. Content

The information system may contain the following data:

1.
The identity and address of natural or legal persons holding an authorization conferring on them the status of authorized exporter;
2.
Indications concerning the sector of activity and the situation of these persons in the field of risk;
3.
Authorization, registration and file numbers;
4.
Indications on the grounds and results of ex post verification of proof of origin.

3. Jurisdiction and Organization

The Origin and Textiles section of the DGD manages the information system.

4. Access and Treatment

1.
The competent employees of the Origin and Textiles section of the DGD have access to the data and are authorised to process them.
2.
The relevant employees of the Tariff and Customs regimes sections of the district branches have access to the data and are authorized to process the data.
3.
The identity, address and authorization number of the authorized exporter may be published on the Internet.

1 New content according to the c. 3 of the Annex to the O of 23 May 2012 on the issue of proof of origin, in force since 1 Er Jul. 2012 ( RO 2012 3477 ).
2 RS 946.201.2
3 RS 632.421.0
4 RS 632.319


State 1 Er January 2016

Annex A 38

Mineral Oil Tax Database

(art. 20 and 31 of the Act of 21 June 1996 on the taxation of mineral oils 1 ; art. 36 to 45 and 80 to 83 of the O of 20 Nov 1996 on the taxation of mineral oils 2 )

1. Purpose

In view of art. 110, para. 2, let. A, b, e and g, LD, the information system is used to monitor the traffic of the goods, to ensure tax collection and to establish statistics.

2. Content

The information system may contain the following data about natural and legal persons and associations of persons subject to tax:

1.
Identity and address, including contact persons and bank details;
2.
Authorized warehouses and goods liable to tax on mineral oils;
3.
Indications on the storage, trafficking and taxation (including the collection of incentive taxes) of goods regulated by the Mineral Oil Tax Act;
4.
Indications relating to reminders and interest on outstanding tax claims within the prescribed period.

3. Jurisdiction and Organization

The Mineral Oil Tax section of the DGD manages the information system.

4. Access and Treatment

1.
The competent staff in the Mineral Oil Tax section of the DGD have access to the data and are authorized to process the data.
2.
Access to the data is available to the appropriate collaborators of the DGD Secretariat of Management and Inspection.
3.
Business controllers have access to the data.
4.
A list of approved stockholders, holders of mandatory stocks and warehouses is published on the Internet.

5. Retention Period

The information contained in the information system is deleted at the end of a ten-year period.



State 1 Er January 2016

Annex A 39

Specific tax returns on mineral oils

(art. 14 of the Act of 21 June 1996 on the Taxation of Mineral Oil 1 ; art. 20 to 25 of the O of 20 Nov 1996 on the taxation of mineral oils 2 )

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system is used to manage specific reports.

2. Content

The information system may contain the following data:

1.
The identity and address of natural or legal persons and associations of persons who have filed a particular declaration;
2.
The reporting and tariff items;
3.
The designation of the goods and their employment;
4.
The filing date;
5.
The number and date of the last control.

3. Jurisdiction and Organization

The Mineral Oil Tax section of the DGD manages the information system.

4. Access and Treatment

1.
The competent staff in the Mineral Oil Tax section of the DGD have access to the data and are authorized to process the data.
2.
AFD employees have access to ch data. 2.1 to 2.4 via Intranet.

5. Retention Period

The information contained in the information system is deleted at the end of a ten-year period.



State 1 Er January 2016

Annex A 40

Mineral Oil Tax Guarantee Statements

(art. 14 of the Act of 21 June 1996 on the Taxation of Mineral Oil 1 ; art. 20 to 25 of the O of 20 Nov 1996 on the taxation of mineral oils 2 )

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system is used to manage warranty returns.

2. Content

The information system may contain the following data:

1.
The identity and address of natural or legal persons and associations of persons who have filed a guarantee declaration;
2.
The reporting number;
3.
The designation of the goods and details of their employment.
4.
The filing date;
5.
The number and date of the last control.

3. Jurisdiction and Organization

The Mineral Oil Tax section of the DGD manages the information system.

4. Access and Treatment

1.
The competent staff in the Mineral Oil Tax section of the DGD have access to the data and are authorized to process the data.
2.
AFD employees have access to ch data. 2.1 to 2.4 via Intranet.

5. Retention Period

The information contained in the information system is deleted at the end of a ten-year period.



State 1 Er January 2016

Annex A 41

Business Controls

(art. 6 of the Act of 21 June 1996 on the Taxation of Mineral Oil 1 ; art. 4 to 7 of the O of 20 Nov 1996 on the taxation of mineral oils 2 )

1. Purpose

In view of art. 110, para. 2, let. A, b, e and g, LD, the information system is used for the management of business controls and for their planning, operation and control of results.

2. Content

The information system may contain the following data:

1.
The identity and address of importers, authorized warehousekeepers, authorized warehouses, dealers and consumers of petroleum products;
2.
Data for risk assessment for importers, registered warehousekeepers, authorized warehouses, dealers and consumers of petroleum products;
3.
The control mandate number, the date of establishment and the date of the control;
4.
The result of the control, the remarks, the reference to a post control and the documents presenting the result of it.

3. Jurisdiction and Organization

The Mineral Oil Tax section of the DGD manages the information system.

4. Access and Treatment

1.
The competent staff in the Mineral Oil Tax section of the DGD have access to the data and are authorized to process the data.
2.
The competent employees of the district directorates have access to the data and are authorised to process them.
3.
The business controllers have access to the data and are allowed to process it.

5. Retention Period

The information contained in the information system is deleted at the end of a ten-year period.



State 1 Er January 2016

Annex A 42

Control of the colouring and marking of extra-light heating oil

(art. 6 and 15 of the Act of 21 June 1996 on the taxation of mineral oils 1 ; art. 4 to 7 and 90 of the O of 20 Nov 1996 on the taxation of mineral oils 2 )

1. Purpose

In view of art. 110, para. 2, let. A, b, e and g, LD, the information system serves:

1.
Monitoring the colouring and marking of legally prescribed extra-light heating oil;
2.
Reporting on monitoring activity (statistics) and the planning of controls for the following year.

2. Content

The information system may contain the following data:

1.
The identity and address of importers, authorized warehousekeepers, authorized warehouses, dealers and consumers of extra-light heating oil;
2.
The site and locality of collection;
3.
The content of colouring and marking products and their percentages.

3. Jurisdiction and Organization

The Mineral Oil Tax section of the DGD manages the information system.

4. Access and Treatment

1.
The competent staff in the Mineral Oil Tax section of the DGD have access to the data and are authorized to process the data.
2.
Business controllers have access to the data.

5. Retention Period

The information contained in the information system is deleted at the end of a ten-year period.



State 1 Er January 2016

Annex A 43

Control of the sulphur content of extra-light heating oil, gasoline and diesel oil

(art. 6 and 15 of the Act of 21 June 1996 on the taxation of mineral oils 1 ; art. 4 to 7 of the O of 20 Nov 1996 on the taxation of mineral oils 2 ; O of 12 Nov 1997 on incentive tax on extra-light heating oil with a sulphur content of more than 0.1 % 3 ; O of 15 Oct. 2003 on the incentive tax on gasoline and diesel oil with a sulphur content greater than 0.001 % 4 )

1. Purpose

In view of art. 110, para. 2, let. A, b, e and g, LD, the information system serves:

1.
To guarantee the levying of the incentive tax on extra-light heating oil of a sulphur content of more than 0.1 % of the mass or on petrol and diesel oil of a sulphur content of more than 0.001 % of the mass;
2.
Reporting on monitoring activity (statistics) and planning for the next year's controls.

2. Content

The information system may contain the following data:

1.
The identity and address of importers, authorized warehousekeepers, authorized warehouses, dealers and consumers of extra-light heating oil, gasoline or diesel oil;
2.
The location and place of collection;
3.
The sulphur content and the percentage.

3. Jurisdiction and Organization

The Mineral Oil Tax section of the DGD manages the information system.

4. Access and Treatment

1.
The competent staff in the Mineral Oil Tax section of the DGD have access to the data and are authorized to process the data.
2.
Business controllers have access to the data.

5. Retention Period

The information contained in the information system is deleted at the end of a ten-year period.



State 1 Er January 2016

Annex A 44

Fuel Controls

(art. 6 of the Act of 21 June 1996 on the Taxation of Mineral Oil 1 ; art. 4 to 7 of the O of 20 Nov 1996 on the taxation of mineral oils 2 )

1. Purpose

In view of art. 110, para. 2, let. A, b, e and g, LD, the information system is used for the management of fuel controls and their planning, operation and control of results.

2. Content

The information system may contain the following data:

1.
The identity, address and industry of the consumers of diesel oil from which a fuel check was carried out;
2.
Type of vehicle or machine;
3.
The result of the control (positive or negative, possibly mention of the quantity misused);
4.
The reference to a post control.

3. Jurisdiction and Organization

The Mineral Oil Tax section of the DGD manages the information system in conjunction with the business controllers.

4. Access and Treatment

1.
The competent staff in the Mineral Oil Tax section of the DGD have access to the data and are authorized to process the data.
2.
The business controllers have access to the data and are allowed to process it.

5. Retention Period

The information contained in the information system is deleted at the end of a ten-year period.



State 1 Er January 2016

Annex A 45

Fuel Tax Refunds

(art. 17, para. 3, and 18 of the Act of 21 June 1996 on the taxation of mineral oils 1 ; art. 49 to 66 of the O of 20 Nov 1996 on the taxation of mineral oils 2 ; O of the DFF of 28 Nov 1996 on tax concessions and interest in tax arrears on mineral oils 3 )

1. Purpose

In view of art. 110, para. 2, let. A, b and g, LD, the information system makes it possible, on the one hand, to refund the tax on mineral oils collected on fuels to persons, farms and enterprises entitled, on the other hand, to the management of Mailing addresses and payment addresses of the persons entitled to the refund.

2. Content

The information system may contain the following data:

1.
The identity, address and address of payments of persons entitled to reimbursement;
2.
For repayments to farms and forestry: data on the structure of the operation;
3.
For refunds to concessionaires, industry, handicrafts and professional fishermen: indications of fuel used for purposes of tax relief;
4.
The result of the corporate control, the reference to a post control;
5.
Data for risk assessment.

3. Jurisdiction and Organization

The DGD Reimbursements service manages the information system.

4. Access and Treatment

1.
The competent employees of the Refunds department and the Data Processing Section of the DGD have access to the data and are authorized to process the data.
2.
Business controllers have access to the data.

5. Retention Period

The information contained in the information system is deleted at the end of a ten-year period.



State 1 Er January 2016

Annex A 45a 1

(c. III/2)

Evidence of positive overall ecological balance and socially acceptable production conditions for fuels from renewable raw materials

(art. 12 B , para. 3, let. B, of the Act of 21 June 1996 on the taxation of mineral oils 2 ; art. 19 C And 19 D The order of 20 Nov 1996 on the taxation of mineral oils 3 )

1. Purpose

The information system is used to manage evidence of the positive overall ecological balance and the socially acceptable production conditions for fuels derived from renewable raw materials.

2. Content

The information system may contain the following data:

1.
The identity and address of natural or legal persons and associations of persons to whom tax relief has been granted;
2.
The evidence number;
3.
The designation of the goods, the tariff item and the statistical key;
4.
Indications relating to the origin of the raw materials and the manufacture of the goods and to the manufacturers or suppliers of the goods;
5.
The date of acceptance of evidence of the positive overall ecological balance;
6.
The date of acceptance of documents making it likely that the minimum requirements for socially acceptable production conditions are met;
7.
The date of expiry of the evidence;
8.
The number and date of the last control, the result and the reference to a subsequent control.

3. Jurisdiction and Organization

The Mineral Oil Tax section of the DGD manages the information system.

4. Access and Treatment

1.
The competent staff in the Mineral Oil Tax section of the DGD have access to the data and can process it.
2.
Business controllers have access to the data.
3.
AFD employees have access to the data referred to in c. 2.1 to 2.7 through the Intranet.

5. Communication of data to the Federal Office of Energy

AFD shall regularly communicate the data referred to in c. 2 to the Federal Office of Energy.

6. Retention Period

The information contained in the information system is destroyed after ten years.


1 Introduced by c. III 2 of the O of 30 Jan 2008 ( RO 2008 583 ). Update by ch. I of the O du 23 oct. 2013, in effect since 1 Er Jan 2014 (RO) 2013 3835).
2 RS 641.61
3 RS 641.611


State 1 Er January 2016

Annex A 45b 1

Fuels from renewable raw materials for the production of electricity

(art. 12 B , para. 3, let. B, 27 and 29 of the Act of 21 June 1996 on the taxation of mineral oils 2 ; art. 19 C , 19 D , 68 and 71 of the order of 20 Nov 1996 on the taxation of mineral oils 3 ; art. 7 A The Energy Act of 26 June 1998 4 ; Appendix 1.5, c. 6.4, of the order of 7 Dec. 1998 on energy 5 ; c. 6.4 of the 1 Er 2014 relative to the compensation of the injected current at cost [CPP], art. 7 A LEne, biomass [Appendix 1.5 OEne] 6 )

1. Purpose

The information system is used to monitor Swiss companies that manufacture fuels from renewable raw materials in order to generate electricity.

2. Content

The information system may contain the following data:

1.
The identity and address of natural or legal persons and associations of persons who manufacture fuels from renewable raw materials for the purpose of producing electricity;
2.
The designation of the goods, the tariff item and the statistical key;
3.
Indications relating to the origin of the raw materials and the manufacture of the goods and to the manufacturers or suppliers of the goods;
4.
Information on the manufacturing process and the company;
5.
If a tax relief referred to in s. 19 A , para. 1, of the Mineral Oil Tax Ordinance is granted:
A.
The evidence number,
B.
The date of acceptance of evidence of the positive overall ecological balance,
C.
The date of acceptance of documents making it likely that the minimum requirements for socially acceptable production conditions are met,
D.
The date of expiry of the evidence;
6.
The number and date of the last control, the result and the reference to a subsequent control.

3. Jurisdiction and Organization

The Mineral Oil Tax section of the DGD manages the information system.

4. Access and Treatment

1.
The competent staff in the Mineral Oil Tax section of the DGD have access to the data and are authorized to process the data.
2.
Business controllers have access to the data.

5. Communication of data to the Federal Office of Energy

AFD shall regularly communicate the data referred to in c. 2 to the Federal Office of Energy.

6. Retention Period

The information contained in the information system is destroyed after ten years.


1 Introduced by c. II of the O of 23 Oct. 2013, in effect since 1 Er Jan 2014 ( RO 2013 3835 ).
2 RS 641.61
3 RS 641.611
4 RS 730.0
5 RS 730.01
6 The Injected Current Compensation Directive (CPP), s. 7 A LEne, biomass (Appendix 1.5 OEne) can be downloaded free of charge on the website of the Federal Office of Energy at the following address: www.bfe.admin.ch > Topics > Electricity supply > Electricity from energy sources Renewable > Cost of Injected Current Cost > Useful Documents > Guidelines.


State 1 Er January 2016

Annex A 46

Applicants' file on export contributions and development traffic

(art. 12 LD in relation to the PMQ of Dec 13. 1974 on the import and export of processed agricultural products 1 And the O of 22 Dec. 2004 on export contributions 2 )

1. Purpose

In view of art. 110, para. 2, let. A, b and g, LD, the information system is used for the control and management of developmental traffic and for the accounting of export contributions.

2. Content

The information system may contain the following data:

1.
The identity and address of agribusiness enterprises for the purpose of accounting for export contributions and refunds in development traffic;
2.
A risk assessment specific to the various companies.

3. Jurisdiction and Organization

The Customs Allegations, Export Contributions and Development Traffic section of the DGD manages the information system.

4. Access and Treatment

The relevant employees in the Customs Allegations, Export Contributions and Development Traffic section of the DGD have access to the data and are authorized to process the data.


1 RS 632.111.72
2 [ RO 2005 533 , 2006 867 Annex, c. 1, 2007 1469 Annex 4, c. 16, 2011 3331 Annex 3 c. 7. RO 2011 5939 art. 21]. See currently O of 23 Nov 2011 (RS 632.111.723 ).


State 1 Er January 2016

Annex A 47

Employment commitments for employment-based customs concessions

(art. 14 LD; s. 51 OD 1 )

1. Purpose

In view of art. 110, para. 2, let. A, b and g, LD, the information system is used for the control and management of goods benefiting from customs concessions based on their employment.

2. Content

The information system may contain the following data:

1.
The identity and address of Swiss companies importing goods benefiting from customs concessions based on their employment;
2.
The list of products benefiting from customs relief;
3.
The list established by business of the jobs justifying customs relief;
4.
The list established by company of company controls (type of control, date, result, reasons);
5.
Business remarks (including business-specific risk assessment).

3. Jurisdiction and Organization

The Customs Allegations, Export Contributions and Development Traffic section of the DGD manages the information system.

4. Access and Treatment

1.
The relevant employees in the Customs Allegations, Export Contributions and Development Traffic section of the DGD have access to the data and are authorized to process the data.
2.
AFD employees have access to data via the Intranet.

5. Retention Period

The information contained in the information system is deleted at the end of a ten-year period.



State 1 Er January 2016

Annex A 48 1

(art. 42 A LD and art. 112 A At 112 S OD 2 )

Authorized Economic Operators ( Authorised Economic Oper A Beaver , AEO)

(art. 2, para. 2, LD under s. 11 and Annex II of the Agreement of 25 June 2009 between the Swiss Confederation and the European Community on the facilitation of controls and formalities in the transport of goods and on customs security measures 3 ; art. 112 A At 112 Q (D)

1. Purpose

In view of art. 110, para. 2, let. A and b, LD, the information system is used to control whether the status of AEO has been granted to a person.

2. Content

The information system may contain the following data:

1.
The AEO identification number (Business Identification Number, BRO);
2.
The name and address of the AEO;
3.
The number of the document by which the status of WEAO was granted;
4.
The current status of AEO status (valid, suspended, revoked);
5.
The periods during which the status has changed;
6.
The date of the decision and its notification;
7.
The date on which the rights and obligations related to the status of WEAO originate;
8.
The authority that issued the decision;
9.
The data set out in points 1 to 5, 7 and 8 for approved WEOs in states with which Switzerland has concluded an agreement on mutual recognition of the status of AEO;
10.
The data received by the customs administration from the applicant for the examination of the application;
11.
The data required by the customs administration for risk analysis or the management of the status of WEAO.

3. Jurisdiction and Organization

DGD and the district branches manage the information system.

4. Access and Treatment

1.
The competent DGD, district and customs offices have access to the data and are allowed to process the data.
2.
May be published on the Internet:
A.
The AEO identification number (c. 2, item 1);
B.
The names and addresses of the WEOs (c. 2, item 2);
C.
The date on which the rights and obligations related to the status of AEO originate (c. 2, item 7);
D.
The authority that issued the decision (c. 2, item 8).

5. Exchange of data with the States with which Switzerland has concluded an agreement on mutual recognition of the status of WEAO

AFD regularly exchanges the data set out under ch. 2, points 1 to 5, 7 and 8, with the states with which Switzerland has concluded an agreement on the mutual recognition of the status of WEAO.


1 Introduced by c. III of the O of 27 Nov 2009 ( RO 2009 6233 ). Update as per c. 1 of the annex to the O of 18 Nov 2015, in force since 1 Er Jan 2016 (RO) 2015 4917).
2 RS 631.01
3 RS 0.631.242.05


State 1 Er January 2016

Annex B 1

Permissions for crossing the border outside authorized crossing points

(art. 22 LD; s. 6 of the O of 6 March 2000 concerning a charge on heavy goods traffic 1 )

1. Purpose

In view of art. 110, para. 2, let. A, b and g, LD, the information system is used to control the granting of authorisations for the crossing of the border outside the authorised crossing points.

2. Content

The information system may contain the following data:

1.
The identity and address of the holder of the authorization or driver of the vehicle;
2.
Vehicle registration;
3.
The issuing customs office and the date of establishment;
4.
Indications on customs routes.

3. Jurisdiction and Organization

Each operation section of the District Directorates and each Customs office has the authority to manage an information system.

4. Access and Treatment

1.
The competent employees in the Operations section have access to:
A.
Data from their own information systems and are entitled to deal with them;
B.
Data from the information systems of the customs offices in the district.
2.
The competent staff of the customs offices shall have access to:
A.
Data from their own information systems and are entitled to deal with them;
B.
Data from the management information system of their district.
3.
The competent staff of the border guards and customs offices have access to the data.


State 1 Er January 2016

Annex B 2

Placement of vehicles under customs procedure

(art. 14 to 24 of the Law of 21 June 1996 on the taxation of motor vehicles 1 ; art. 21 to 31 LD; s. 14 to 18 OD 2 )

1. Purpose

In view of art. 110, para. 2, let. A, LD, the information system is used for the management and control of motor vehicles for invalids, motor vehicles imported as moving effects, marriage pails or succession effects, vehicles of It is also used in the management of fuel card holders, as well as the use of diplomatic vehicles and the taxation of passenger cars.

2. Content

The information system may contain the following data:

1.
Indications of customs declarations and commitments;
2.
The identity and address of the vehicle holder;
3.
Technical details on vehicles;
4.
The number of the customs declaration and the taxation decision;
5.
The date of establishment, cancellation or schedule;
6.
Registration data.

3. Jurisdiction and Organization

Each Tariff and Customs Tariff section of the District Directorates is empowered to manage an information system. The above mentioned information can be divided into different information systems.

4. Access and Treatment

1.
The competent employees of the district directorates have access to the data and are authorised to process them.
2.
The competent employees of the customs offices in the same district have access to the data and are authorised to deal with them.


State 1 Er January 2016

Annex B 3

Border Traffic and Land Borrowing

(Conv. German-Swiss on 5 Feb 1958 on border and transit traffic 1 ; Conv. Of 30 April 1947 between Switzerland and Austria concerning border traffic 2 ; Conv. Of 31 Jan 1938 between Switzerland and France on the neighbourly relations and monitoring of neighbouring forests 3 ; Conv. Of 2 July 1953 between Switzerland and Italy on border traffic and grazing 4 )

1. Purpose

In view of art. 110, para. 2, let. A, LD, the information system is used to control the border traffic and loan traffic of the territory.

2. Content

The information system may contain the following information:

1.
The identity and address of legal persons or associations of persons;
2.
The type of goods;
3.
Indications on vehicles;
4.
Authorization details.

3. Jurisdiction and Organization

Each Tariff and Customs Tariff section of the District Directorates (for the Geneva Division, Operation section) has the authority to manage an information system.

4. Access and Treatment

1.
The competent staff of the district directorates and those of the border guards have access to the data and are authorised to deal with them.
2.
The competent employees of the customs offices in the same district have access to the data and are authorised to deal with them.


State 1 Er January 2016

Annex B 4

Beneficiaries of customs franchises (Form 11.32)

(art. 8 LD.

1. Purpose

In view of art. 110, para. 2, let. A, LD, the information system is used for the management of customs franchises.

2. Content

The information system may contain the following data:

1.
The identity and address of the applicants for customs relief;
2.
Indications on the customs exemption;
3.
The case number.

3. Jurisdiction and Organization

The Tariff and Customs Tariff section of the Directorate of the Arrondissement of Geneva is entitled to manage the information system.

4. Access and Treatment

The competent employees of the Tariff and Customs regime have access to the data and are allowed to process the data.


State 1 Er January 2016

Annex B 5

Rural border traffic

(Conv. German-Swiss on 5 Feb 1958 on border and transit traffic 1 ; Conv. Of 30 April 1947 between Switzerland and Austria concerning border traffic 2 ; Conv. Of 31 Jan 1938 between Switzerland and France on the neighbourly relations and monitoring of neighbouring forests 3 ; Conv. Of 2 July 1953 between Switzerland and Italy on border traffic and grazing 4 )

1. Purpose

In view of art. 110, para. 2, let. A, LD, the information system is used for the registration of holders of authorisation for rural border traffic and for the control of supporting documents and areas cultivated abroad.

2. Content

The information system may contain the following data:

1.
The identity and address of operators, owners and usufructuaries;
2.
A list of the plots operated;
3.
The performance of harvested plots.

3. Jurisdiction and Organization

Each Tariff and Customs Tariff section of the District Directorates (for the Geneva Division, Operation section) has the authority to manage an information system.

4. Access and Treatment

1.
The competent employees of the district directorates have access to the data and are authorised to process them.
2.
The competent employees of the customs offices in the same district have access to the data and are authorised to deal with them.


State 1 Er January 2016

Annex B 6

Post-order controls of origin

(O of 28 May 1997 on the establishment of proof of origin 1 ; agreements listed in Annex 1 to the O of 27 June 1995 on customs duties applicable to goods in traffic with States having concluded free trade agreements [except the EC and EFTA] 2 ; agreements listed in s. 1 of the O of 8 March 2002 on free trade 3 )

1. Purpose

In view of art. 110, para. 2, let. A and d, LD, the information system is used for ex post checks of origin.

2. Content

The information system may contain the following data:

1.
The identity and address of natural or legal persons and associations of persons to which ex post checks of origin have been carried out;
2.
The contents of the customs declaration;
3.
The indication and address of the foreign authority;
4.
The registration and file number;
5.
The indication of the reasons, the date and the result of the ex post checks of the origin;
6.
A statement relating to the liquidation.

3. Jurisdiction and Organization

Each Tariff and Customs Tariff section of the District Directorates and each Customs office has the authority to manage such an information system.

4. Access and Treatment

1.
The competent employees of the district directorates have access to:
A.
Data from their own information systems and are entitled to deal with them;
B.
Data from the information systems of the customs offices in the district.
2.
The competent staff of the customs offices shall have access to:
A.
Data from their own information systems and are entitled to deal with them;
B.
Data from the management information system of their district.

1 [RO 1997 1382, 2005 2289 Ch. II, 2006 1079, 2007 1469 Annex 4, c. 21, 2008 1833 Annex c. 2. RO 2012 3477 art. 21 para. 1]. See currently O of 23 May 2012 on the issue of proof of origin (RS 946.32 ).
2 RS 632.319
3 [ RO 2002 1158 , 2004 4599 4971, 2005 569, 2006 867 Annex, c. 3 2901 2995 Annex 4 c. II 8 4659, 2007 1469 Annex 4, c. 22 2273 3417. RO 2008 3519 art. 7]. See currently O of 18 June 2008 on free trade 1 (RS 632.421.0 ).


State 1 Er January 2016

Annex B 7

List of criminal investigations conducted by the Investigations sections of the District Directorates

(art. 128 LD in relation to s. 32 to 72 of the PMQ of 22 March 1974 on administrative criminal law 1 )

1. Purpose

In view of art. 110, para. 2, let. B and c, LD, the information system is used for the documentation of the Investigations sections of the District Directorates and the Criminal Cases Division of the DGD so that:

1.
The treatment of cases with similar circumstances is the same;
2.
Lessons learned from criminal investigations are disseminated;
3.
Smuggling by organized gangs can be identified.

2. Content

The information system may contain the following data:

1.
The file number;
2.
The identity and address of the persons involved;
3.
The description of the offence and the statement of facts;
4.
The type of liquidation.

3. Jurisdiction and Organization

The Investigations sections of the District Directorates are empowered to manage an information system.

4. Access and Treatment

1.
The competent staff of the Investigations sections of the district directorates have access to the data of their own information system and are allowed to process them.
2.
The competent employees of the Criminal Cases Division of DGD, those in the Operations section of the Cgfr Command and those in the Investigations sections of the other district directorates have access to information systems data.
3.
The DGD's Risk Analysis department has access to the data.

5. Retention

The information contained in the information system is deleted at the end of a two-year period.



State 1 Er January 2016

Annex B 8

Imports of products from the free zones of Haute-Savoie and the Pays de Gex

(Arbitral Award of 1 Er Dec. 1933 concerning imports into Switzerland of the products of the free zones of Haute-Savoie and the Pays de Gex 1 ; art. 6 of R of 1 Er Dec. 1933 concerning imports into Switzerland of the products of free zones 2 )

1. Purpose

In view of art. 110, para. 2, let. A, LD, the information system is used to control the operation and importation of products from the free zones of Haute-Savoie and the Pays de Gex.

2. Content

The information system may contain the following data:

1.
The identity and address of operators;
2.
Imported products;
3.
The place and date of imports;
4.
The secured deposit.

3. Jurisdiction and Organization

The Operation section of the Geneva Branch is empowered to manage an information system.

4. Access and Treatment

1.
The competent employees of the Operation section of the Geneva Branch have access to the data and are authorized to process the data.
2.
The competent employees of the customs offices in the district have access to the data.


State 1 Er January 2016

Annex C 1

Reporting (reporting), risk analysis and statistics at the customs office level

(art. 21 to 31 LD; s. 75 to 83 OD 1 )

1. Purpose

In view of art. 110, para. 2, let. A to c and e, LD, the information system is used for recording (reporting) incidents, irregularities and criminal cases in order to enable the establishment of risk analyses for enterprises, freight forwarders, Goods, etc. The data collected may also be used for statistical purposes.

2. Content

The information system may contain the following data:

1.
Identity, address, industry, VAT number, persons subject to the obligation to report, etc., of businesses and their employees.
2.
Indications classified by enterprises, in particular on investments under customs arrangements of goods, verifications, corrections, reminders, criminal cases (including, inter alia, the nature of the infringement and the amount of The fine), the warnings it has received, and the identity and address of the persons involved;
3.
The identity, address, industry, etc., of the consignors and consignees of goods (even in the postal traffic);
4.
Indications on the import and export of goods at risk;
5.
Indications on the risk analysis carried out by the customs office and any measures taken.

3. Jurisdiction and Organization

Each Customs office has the authority to manage an information system. It can also distribute the data collected in three information systems (reporting, risk analysis and statistics).

4. Access and Treatment

1.
The competent staff of the customs offices have access to the data and are authorised to deal with them.
2.
The data are available to employees of the district management directly above and those of the DGD Risk Analysis Service.


State 1 Er January 2016

Annex C 2

Information System for X-ray Facilities

(art. 21 to 31 LD; s. 75 to 83 OD 1 )

1. Purpose

In view of art. 110, para. 2, let. A to c, LD, the information systems are used to collect information related to events, offences, criminal proceedings, etc., arising in the trade of commercial goods, intended to enable the establishment of profiles of Risks for companies, freight forwarders and goods. The data collected may also be used for statistical purposes.

2. Content

Information systems can contain the following data:

1.
Identity, address, industry, VAT number, persons subject to the obligation to report, etc., of undertakings;
2.
Indications concerning vehicles and other means of transport;
3.
Indications classified by undertakings, in particular customs arrangements of goods, verifications, corrections, reminders, criminal proceedings (including, inter alia, the nature of the infringement, the amount of the fine As well as the X-rays and photographs of the goods and the means of transport) and the warnings which it has been subjected to, together with the identity and address of the persons concerned;
4.
The identity and address of the consignors and consignees of goods (even in the postal traffic) and other indications;
5.
Indications of imports and exports of goods at risk.

3. Jurisdiction and Organization

The competent offices of the customs offices manage the information systems.

4. Access and Treatment

1.
The competent staff of the customs offices have access to the data and are authorised to deal with them.
2.
The competent employees of the DGD Risk Analysis Service have access to the data and are authorized to process the data.


State 1 Er January 2016

Annex C 3

Certificates of Approval for TIR Carnets

(Customs Conv. Of 14 Nov 1975 on the international carriage of goods under cover of TIR Carnets, TIR Convention 1 )

1. Purpose

In view of art. 110, para. 2, let. A, LD, the information system is used for the management of certificates of approval for TIR Carnets (overview of established certificates, control of deadlines, etc.) and control of customs seals.

2. Content

The information system may contain the following data:

1.
The identity and address of the vehicle holder;
2.
Vehicle data;
3.
The certificate of approval number;
4.
The order number;
5.
A new licence;
6.
The due date.

3. Jurisdiction and Organization

Each Customs office has the authority to manage an information system.

4. Access and Treatment

The competent staff of the customs offices have access to the data and are authorised to deal with them.



State 1 Er January 2016

Annex C 4

Customs declarations on aerodromes

(art. 151 OD 1 )

1. Purpose

In view of art. 110, para. 2, let. A, b and f, LD, the information system is used to monitor the traffic of persons and to post-flight control of flight destinations on the basis of the periodic accounts of fuel suppliers.

2. Content

The information system may contain the following data:

1.
The identity and address of the pilots and passengers according to the headings of the form;
2.
The indication of fuel suppliers and their addresses;
3.
Records of controls and their results.

3. Jurisdiction and Organization

The relevant customs office has the power to manage an information system.

4. Access and Treatment

1.
The competent staff of the customs offices have access to the data and are authorised to deal with them.
2.
The competent staff of the Directly superior Arrondissement and those of the relevant border-guard region command shall have access to the data.

5. Retention Period

The list of passengers is destroyed after a period of 72 hours (art. 151, para. 4, OD).



State 1 Er January 2016

Annex C 5

Flight Plan Counting on Aerodromes

(art. 151 OD 1 )

1. Purpose

In view of art. 110, para. 2, let. A, b and f, LD, the information system is used for the planning of risk controls and for ex post control of flight destinations on the basis of the periodic accounts of fuel suppliers.

2. Content

The information system may contain the following data:

1.
Indications of planned and completed flights;
2.
Records of controls and their results.

3. Jurisdiction and Organization

The relevant customs office has the power to manage an information system.

4. Access and Treatment

1.
The competent staff of the customs offices have access to the data and are authorised to deal with them.
2.
The competent staff of the Directly superior Arrondissement and those of the relevant border-guard region command shall have access to the data.


State 1 Er January 2016

Annex C 6

Control of Swiss and foreign aircraft stationed at a Swiss aerodrome

(art. 138 to 144 OD 1 )

1. Purpose

In view of art. 110, para. 2, let. A and b, LD, the information system serves:

1.
The discovery of possible irregularities and breaches of customs legislation;
2.
The discovery of possible threats of entry fees due;
3.
The planning of risk-adjusted controls.

2. Content

The information system may contain the following data:

1.
Detailed guidance on parked aircraft;
2.
Control statements and their results.

3. Jurisdiction and Organization

Customs offices whose skills include the various aerodromes are empowered to manage an information system.

4. Access and Treatment

1.
The competent staff of each Customs office shall have access to the data and shall be allowed to process the data.
2.
The competent employees in the Investigations section of the Directly superior Arrondissement have access to the data.


State 1 Er January 2016

Annex C 7

Permissions for crossing the border outside authorized crossing points or outside of the customs office hours of operation

(art. 6 of the Ac. Of 21 May 1970 between the Swiss Federal Council and the Government of the Federal Republic of Germany concerning the movement of persons in local border traffic 1 ; art. 2 of the Agreement of 13 June 1973 between the Swiss Confederation and the Republic of Austria concerning the movement of persons in local border traffic 2 ; art. 2 of 1 Er August 1946 between Switzerland and France on border traffic 3 ; art. 1 of the Conv. Of 2 July 1953 between Switzerland and Italy relating to border traffic and grazing 4 )

1. Purpose

In view of art. 110, para. 2, let. A and b, LD, the information system is used for the registration of persons who have been authorized to cross the border outside authorized crossing points or outside the opening hours of the customs office.

2. Content

The information system may contain the following data:

1.
The registration number;
2.
The identity and address of the holder of the authorization;
3.
The reason for granting the authorization;
4.
The location and time at which the crossing of the border is authorized;
5.
The duration of validity of the authorization;
6.
The name of the person who granted the authorization.

3. Jurisdiction and Organization

Each Customs office has the authority to manage an information system. When appropriate, the system is managed by the directly superior borough direction.

4. Access and Treatment

1.
The competent staff of the customs offices have access to the data and are authorised to deal with them.
2.
If the information system is managed by the hierarchically higher office, the competent employees of the hierarchically lower office have access to the data and are allowed to process the data.


State 1 Er January 2016

Annex C 8

List of moving effects

(art. 14 OD 1 )

1. Purpose

In view of art. 110, para. 2, let. A, LD, the information system is used to monitor moving effects.

2. Content

The information system may contain the following data:

1.
The identity and address of the person making the move;
2.
The customs declaration number;
3.
Indications from the records of moving effects.

3. Jurisdiction and Organization

Each Customs office has the authority to manage an information system.

4. Access and Treatment

The competent staff of the customs offices have access to the data and are authorised to deal with them.



State 1 Er January 2016

Annex C 9

Body search and vehicle searches

(art. 36, 100 and 102 LD; s. 222 and 225 OD 1 )

1. Purpose

In view of art. 110, para. 2, let. A and h, LD, the information system is used for the seizure of body searches and searches of vehicles carried out at customs offices.

2. Content

The information system may contain the following data:

1.
The date and time of the control and the destination of the trip;
2.
The identity and address of the natural persons searched;
3.
Vehicle data;
4.
The result of the search;
5.
The name of the person who carried out the check.

3. Jurisdiction and Organization

Each Customs office has the authority to manage an information system.

4. Access and Treatment

1.
The competent staff of the customs offices have access to the data and are authorised to deal with them.
2.
The competent members of the Cgfr Command and those of the border guards have access to the data.

5. Retention Period

The information contained in the information system is deleted at the end of a two-year period.



State 1 Er January 2016

Annex C 10 1

Species Conservation

(art. 95 LD in relation to s. 28, 34 to 38, 40 and 41 of the O of 4 September 2013 on the movement of protected species of flora and fauna 2 )

1. Purpose

In view of art. 110, para. 2, let. G, LD, the information system serves:

1.
The supervision of pending cases;
2.
Inventory of goods under the legislation on the conservation of species delivered to the Federal Office for Food Safety and Veterinary Affairs (FVO) 3 .

2. Content

The information system may contain the following data:

1.
The identity and address of the person importing the goods;
2.
The type and number of assets held under the legislation on the conservation of species;
3.
A possible remark about delivery to the FVO.

3. Jurisdiction and Organization

Customs offices in Zurich-Airport, Geneva-Airport and Basel/Mulhouse-airport are empowered to manage an information system.

4. Access and Treatment

1.
The competent staff of each Customs office shall have access to the data and shall be allowed to process the data.
2.
The competent employees in the Investigations section of the Directly superior Arrondissement have access to the data.

1 Update as per c. II 2 of the Annex to the O of 4 7. 2013 on the circulation of protected species of flora and fauna, in force since 1 Er Oct. 2013 ( RO 2013 3111 ).
2 RS 453.0
3 The designation of the administrative unit has been adapted to 1 Er Jan 2014 pursuant to Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ). This mod has been taken into account. Throughout the text.


State 1 Er January 2016

Annex C 11

RPLP address lists

(art. 5 of the Act of Dec. 1997 concerning a levy on heavy goods vehicles 1 )

1. Purpose

In view of art. 110, para. 2, let. A, LD, the information system is used to manage lists of interlocutors and companies subject to the levy.

2. Content

The information system may contain the following data:

1.
The indication of the staff and address of the undertaking subject to the levy;
2.
The person's identity and business address.

3. Jurisdiction and Organization

Each Customs office has the authority to manage an information system.

4. Access and Treatment

1.
The competent staff of the customs offices have access to the data and are authorised to deal with them.
2.
The competent employees in the Investigations section of the Directly superior Arrondissement have access to the data.


State 1 Er January 2016

Annex C 12

Collection of tax on counterbenefit due to the use of property placed under the temporary admission procedure for exhibitions or congresses on importation

(art. 76, para. 1, let. G, and 82 LTVA 1 )

1. Purpose

In view of art. 110, para. 2, let. A and g, LD, the information system is used to collect the tax on the counterbenefit due to the use of goods placed under the temporary admission procedure upon importation.

2. Content

The information system may contain the following data:

1.
The importer's identity and address;
2.
The designation of temporarily imported goods;
3.
The amount of tax owing;
4.
The tax ruling number for goods imported under the temporary admission procedure or the ATA carnet number;
5.
Title of the event;
6.
Correspondence.

3. Jurisdiction and Organization

The Customs Inspection Fair Subdivision of Basel-Dreirosen, the Zurich Customs Inspection and the Palexpo Subdivision of the Genève-Airport Customs Inspection manage an information system.

4. Access and Treatment

The competent staff of each Customs office shall have access to the data and shall be allowed to process the data.


1 [ RO 2000 1300 1134, 2001 3086, 2002 1480, 2004 4719 Annex, c. II 5, 2005 4545 Annex, c. 2, 2006 2197 Annex c. 52 2673 3243 5379 annex, c. II 5, 2007 1411 Annex c. 7 3425 Annex c. 1 6637 annex, c. II 5. RO 2009 5203 art. 110]. See currently art. 24 and 62 PMQ of 12 June 2009 (RS 641.20 ).


State 1 Er January 2016