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:

A.

Capture and record visual signals (cameras, video devices, thermal imaging devices, infrared devices or motion detectors);

B.

Capture and record acoustic signals (video recording devices or noise detectors);

C.

Locates vehicles and objects and records their position (e.g., radiogoniometers, location systems or GPS).

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:

A.

To detect in time the illegal crossing of the border by persons or risks to the safety of transfrontier traffic (art. 108, para. 1, let. A, LD), on customs territory and in the Swiss customs enclaves;

B.

For searches for persons, vehicles and objects (art. 108, para. 1, let. B, LD), on customs territory and in the Swiss customs enclaves.

² Devices referred to in s. 2, para. 1, let. A and b can be used:

A.

To monitor premises where values are kept (s. 108, para. 1, let. B, LD), inside and at the entrance and exit of these premises;

B.

To supervise premises where persons are held at the customs office or temporarily arrested (Art. 108, para. 1, let. B, LD), within these premises;

C.

To monitor free-to-bond deposits (art. 108, para. 1, let. B, LD), access to these deposits.

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:

A.

The use of devices;

B.

The type of equipment to be used.

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:

A.

In the case of an illegal crossing of the border by persons, the competent federal authority and the cantonal authorities responsible for criminal prosecution;

B.

In the case of risks to the security of transfrontier traffic and the supervision of free customs deposits, to the federal or cantonal administrative authorities responsible for the implementation of the legislative acts of the Confederation other than customs and Federal or cantonal authorities responsible for criminal prosecution;

C.

In the case of searches for persons, vehicles and objects, the competent federal or cantonal authorities and the competent federal or cantonal authorities in the field of criminal prosecution;

D.

In the case of surveillance of premises where values are kept, the competent federal authority and the federal or cantonal authorities responsible for criminal prosecution;

E.

In the case of supervision of premises where persons are held at the customs post or temporarily arrested, to the federal or cantonal judicial and administrative authorities authorised to examine claims under the law of 14 March 1958 on responsibility ¹ And the defence in the framework of open procedures against customs administration staff.

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:

A.

The Customs Branch;

B.

Rounding directions;

C.

Border control region commands.

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.

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