Key Benefits:
4 April 2007 (State 1 Er May 2007)
The Swiss Federal Council,
See art. 108, para. 2, of the Customs Act of 18 March 2005 (LD) 1 ,
Stops:
This order regulates the use of eye, survey and other surveillance equipment (apparatus) by the Federal Customs Administration (Customs Administration).
1 The customs administration may use devices which:
2 The devices can be used together.
1 Devices may be fixed or mobile.
2 They can be installed on road vehicles, boats, aircraft or drones.
1 Devices referred to in s. 2, para. 1, let. A to c can be used:
2 Devices referred to in s. 2, para. 1, let. A and b can be used:
3 Devices referred to in s. 2, para. 1, let. A, may be used from drones exclusively in the area near the border and for the purposes set out in para. 1, let. A. A band on each side of 25 km of the customs border is known as a zone close to the border.
1 Mobile devices are used on a temporary basis in species cases.
2 The use of devices is indicated by appropriate measures. The indication is not necessary if it puts at risk the purpose of use.
The district managers and the head of the Frontier Corps decide in their field of competence:
1 Records may be retained for one month. At the end of this period, they are destroyed.
2 Records may be retained beyond the time specified in para. 1 if the question of the opening of an administrative criminal procedure for customs offences or their surrender is not decided.
1 The customs administration may issue the records in the following circumstances:
2 It may disclose or submit information collected through the use of equipment, as well as statements to federal or cantonal authorities in the field of criminal prosecution for the elucidation of crimes and offences (art. 112 and 114 LD).
1 Refers to the issuance of statements to federal or cantonal authorities in their respective areas of jurisdiction:
2 The Directorate General of Customs decides on the surrender to foreign authorities (art. 113 LD).
1 The rights of the persons concerned by the statements, in particular the right of access to the data and the right to their destruction, are governed by the Federal Law of 19 June 1992 on Data Protection 1 And its implementing provisions.
2 Applications must be submitted to the Customs Branch.
Records must be kept in a safe place and protected from misuse, destruction or theft.
The order of 26 October 1994 regulating the surveillance of the green border by means of video devices 1 Is repealed.
1 [RO 1994 2471, 2005 1101]
This order shall enter into force on 1 Er May 2007.