631.053 order governing the use of devices views of succession and other surveillance devices by the Federal Customs Administration of April 4, 2007 (State on May 1, 2007) the Swiss federal Council, view the art. 108, al. 2, of the Act of March 18, 2005 on Customs (LD), stop: art. 1 purpose this order regulates the use of cameras to view, record and other monitoring devices (devices) by the Federal Administration of Customs (customs administration).
Art. 2 devices authorized Customs administration may use devices that: a. capture and record visual signals (cameras, video devices, thermal image cameras, motion detectors and infrared devices); b. capture and record acoustic signals (of videograms or noise detectors recording devices); c. locate vehicles and objects and record their position (finders, location or GPS systems).
The devices can be used together.
Art. 3 use the devices can be fixed or mobile.
They can be installed on board vehicles, boats, aircraft or drones.
Art. 4 field of application the devices referred to in art. 2, al. 1, let. a-c, may be used: a. to recognise the illegal crossing of the border by persons or risks for the security of cross-border traffic (art. 108, al. 1, let. a, LD), into the customs territory and in the Customs enclaves Swiss; b. for searches of persons, vehicles and objects (art. 108, al. 1, let. b) (, LD), into the customs territory and in the Swiss customs enclaves.
The appliances referred to in art. 2, al. 1, let. has and b, can be used: a. to monitor local where are stored the values (art. 108, al. 1, let. b, LD), inside as well as at the entrance and the exit of these premises; b. to monitor local where are kept of persons taken to the customs post or provisionally arrested (art. 108, al. 1, let. b, LD), inside these premises; c. to monitor Frank deposits under Customs (art. 108 al. 1, let. b, LD), the access to these deposits.
The appliances referred to in art. 2, al. 1, let. a, can be used from drones exclusively in the area near the border and for the purposes provided for in para. 1, let. a. is deemed to be area close to the border a strip on each side of 25 km of the customs border.
Art. 5 principles governing the use mobile devices are used on a temporary basis in the present case.
The use of devices is indicated by appropriate measures. The indication is not necessary if it endangers the purpose of use.
Art. 6 skills District Directors and the head of the border police decide in their field of competence: a. the use of devices; (b) the type of devices to use.
Art. 7 records records may be kept for one month. At the end of this period, they are destroyed.
Statements may be retained beyond the period provided for in para. 1 if the question of the opening of a criminal procedure for customs offences or their release is not clear-cut.
Art. 8 delivery of statements the customs administration can put the statements in the present case: a. in the case of illegal crossing of the border by persons, to the competent federal authority and the cantonal authorities responsible for criminal prosecution; b. in case of risk to the security of cross-border traffic and surveillance of Frank deposits under customs, federal or cantonal administrative authorities responsible for the implementation of the legislative acts of the Federal Government other than Customs and to the Federal or cantonal authorities competent criminal prosecution; c. in the case of searches of persons, vehicles and objects to federal or cantonal authorities federal or cantonal authorities and competent competent criminal prosecution; d. in the case of surveillance of premises where are stored values, the competent federal authority and federal or cantonal authorities responsible for criminal prosecution; e. If surveillance of premises where are kept people conducted at the border or detained temporarily, to the judicial and administrative authorities federal or cantonal examination of claims under the Act of March 14, 1958, on liability and defence in proceedings open against the staff of the customs administration.
She can communicate or information collected through the use of devices and statements to federal or cantonal authorities responsible for criminal prosecution for the elucidation of crimes and offences (art. 112 and 114 LD).
RS 170.32 art. 9 skills in delivery of statements to vote on delivery of statements to federal or cantonal authorities, in their respective areas of jurisdiction: a. the Customs branch; b. District principals; c. the commandments of region border guards.
The Directorate-General of Customs shall decide on delivery to the foreign authorities (art. 113 LD).
Art. 10 rights of the persons concerned the rights of the persons concerned by surveys, in particular the right of access to the data and the right to their destruction, are governed by the Federal law of June 19, 1992, on the protection of data and its implementing provisions.
Applications must be submitted to the General Directorate of customs.
RS 235.1 art. 11 security measures must be kept in a safe place and be protected against any misuse, against the destruction or theft.
Art. 12 repeal of the law in force the order of October 26, 1994, adjusting the surveillance of the green border using video devices is repealed.
[RO 1994 2471, 2005 1101]
Art. 13 entry into force this order comes into force on May 1, 2007.
RO 2007 1711 RS 631.0 State on May 1, 2007