Rs 0.360.514.1 December 15, 2004 Agreement Between The Swiss Confederation And The Principality Of Liechtenstein Concerning The Cooperation In Information Systems Swiss On Fingerprints And Dna Profiles (With Appendix)

Original Language Title: RS 0.360.514.1 Accord du 15 décembre 2004 entre la Confédération suisse et la Principauté du Liechtenstein concernant la coopération dans le cadre des systèmes d’information suisses sur les empreintes digitales et les profils d’ADN (avec appendice)

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0.360.514.1 translation agreement between the Swiss Confederation and the Principality of Liechtenstein concerning cooperation under Swiss on fingerprinting information systems and patterns of DNA determined December 15, 2004, approved by the Federal Assembly on 16 December 2005 exchanged Instruments of ratification on 30 April 2006, entered into force on May 1, 2006 (Status January 1, 2011) the Swiss Confederation and the Principality of Liechtenstein hereinafter referred to as the Contracting States, having in mind the long tradition of friendship between the two States, wishing to work together to protect their common security interests, animated by the desire to improve police cooperation under the agreement of April 27, 1999, between the Swiss Confederation, the Republic of Austria and the Principality of Liechtenstein concerning cross-border cooperation of the competent authorities on security and customs in force since July 1, 2001, anxious to cooperate more closely, including in the field of police information systems, seeking to combat the dangers of cross-border through close security cooperation, are agreed on the following provisions: chapter I provisions general art. 1 purpose and goal (1) this agreement regulates cooperation between the Swiss Confederation and the Principality of Liechtenstein in the areas related to the automatic identification of fingerprints (AFIS) system and the information system based on the DNA profiles.
(2) he has aimed at improving the efficiency of criminal proceedings while respecting the principle of the protection of data and allows in particular to establish links between several crimes and identify living persons, dead or missing.

Art. 2 principle of the agreement (1) the Principality of Liechtenstein back in its national law the provisions of Swiss Federal law mentioned in the appendix to this agreement, according to the following provisions. In addition, the competent authorities of the Principality of Liechtenstein respect the rules and regulations enacted on this matter by the Swiss Federal authorities. The appendix is changed or supplemented in accordance with paras. 2 and 3.
(2) the appendix is an integral part of this agreement. It can be changed through the diplomatic channel.
(3) the Swiss Confederation shall inform in good time the Principality of Liechtenstein of the planned amendments of the law relating to the provisions referred to in the Appendix and its application for their resumption by the Principality of Liechtenstein. In case of conflict of interest, Contracting States strive to find common solutions.

Art. 3 principle of cooperation the competent authorities of the Principality of Liechtenstein have the same rights and obligations as the cantonal authorities of the Swiss Confederation in cross-border cooperation, provided that the agreement does not provide otherwise. The Swiss Federal authorities have the same rights and obligations to the Principality of Liechtenstein to the cantonal authorities.

Art. 4 competent authorities are responsible for the execution of this agreement and the procedure laid down in art. 2, al. 2 and 3, the federal Office of police, attached to the Department of justice federal and police, to the Swiss Confederation, and the 'police' for the Principality of the Liechtenstein.

Art. 5 joint commission two Contracting States constitute a joint commission. It addresses issues related to the interpretation and application of this agreement. It is a common agreement.

Art. 6 data protection the cooperation provided for under this agreement applies the respective national provisions relating to the protection of data, provided that this agreement does not otherwise.

Art. 7 delivery to third States the data transmitted under this agreement may be delivered to any third party only with the prior written consent of the Contracting State which has collected and transmitted the data.

Art. 8 right of access (1) every person has the right to ask if a profile of DNA or a digital or Palm print on is stored in information systems.
(2) the Liechtenstein authorities transmit directly to the federal Office of police queries addressed to them.
(3) the Agency federal police respond generally in writing and free of charge, in agreement with the "police" of the Principality of Liechtenstein, at the request of the persons whose data have been collected by the Liechtenstein authorities. The Principality of Liechtenstein may prevent or restrict the disclosure of information by the federal Office of police, or even postponing the granting, where: a) a law of the Principality of the Liechtenstein; b) the predominant interests of a third party require c) overriding public interests, in particular safety inside or outside of the Principality of the Liechtenstein require it; d) disclosure of the information may compromise a criminal investigation or another procedure statement.

Art. 9Traitement of data in other systems the data transmitted by the authorities of Liechtenstein under this agreement, namely the control number of the process as well as the corresponding personal data or information on the crime scene, can be processed into the computerized system of management and indexing of records and people (IPAS) or in the central information system on migration (SYMIC).

New content according to the exchange of notes of March 10, 2011, in force since Jan. 1. 2011 (2011 2293 RO).

Art. 10 data archiving the Swiss authorities cannot offer or provide to the Archives Federal data that have been collected by the Liechtenstein authorities and transmitted under this agreement without the prior approval of the Government of the Principality of Liechtenstein.

Art. 11 liability (1) the Contracting States are responsible, in accordance with their national law, of any unlawful damage caused to a person in the execution of this agreement.
(2) the requested Contracting State may appeal against the other Contracting State, depending on the degree of responsibility of the latter, to be repaid in whole or part of the damages it has paid to injured parties or their privies.

Art. 12 costs (1) the Principality of Liechtenstein the Swiss Confederation pays a flat annual fee of 30,000 francs as costs related to infrastructure, personnel, data transmission, to the Organization of training and development, the maintenance of the equipment and management of the AFIS system and the information system based on DNA profiles , as well as in correspondence-related administrative tasks. This lump can be changed through the diplomatic channel.
(2) other costs related to the services provided by other providers are not the subject of this agreement.

Chapter II provisions special A. profiles of DNA art. 13 sample collection, transmission and processing samples taken by the authorities of Liechtenstein who are sent for treatment in Swiss information systems must, on the one hand, to meet the conditions of sampling referred to in the relevant provisions of the Swiss Federal legislation listed in the Appendix and, on the other hand, guarantee the possibility to compare the DNA profiles.

B. fingerprints (AFIS) art. 14 collection, transmission, and treatment in the field of asylum the taking of fingerprints of applicants for asylum and persons to be protected by the Liechtenstein authorities and sent for treatment in the Swiss information systems must be carried out in accordance with the provisions of the Swiss Federal legislation in this area.

Chapter III provisions final art. 15 entry into force and denunciation (1) this report is subject to ratification. It will take effect the day after the exchange of instruments of ratification.
(2) this agreement is concluded for an indefinite period. Each Contracting State may denounce it through diplomatic channels, written notice. The agreement will be terminated six months after receipt of the information.
(3) the Swiss party will be responsible to register this agreement with the Secretariat of the United Nations, in accordance with art. 102 of the Charter of the United Nations.
In faith whereof, the Plenipotentiaries have signed this agreement.
Made in Vaduz, in two copies in German, 15 December 2004.

RS 0.120 Appendix list of Swiss law provisions by the Principality of Liechtenstein under art. 2 this agreement: RS Swiss RO 312.0 Code of criminal procedure act of October 5, 2007 (code of criminal procedure, CPC) apply the art. 255 to 259 relating to the analysis of DNA samples and profiling in criminal proceedings, for transmission to the Swiss authorities for treatment.

2010 1881 363

Federal Act of 20 June 2003 on the use of DNA in criminal profiles and the identification of unknown or missing persons (law on DNA profiles) apply the art. 1A, 2, 6, 8, 9, 11, al. 1, 2 and 4, art. 13, al. 2, art. 14, 15, al. 1, art. 16, al. 1, let. a f et al. 2 to 4, al. 17, al. 1, art. 18, 19, 20, al. 2 and art. 23, al. 1. 2004 5269 2010 1573 363.1 order of 3 December 2004 on the use of DNA in criminal profiles and the identification of persons missing or unknown (Ordinance on the DNA profiles) apply the art. 1, 2, al. 1, art. 6, 8 to 11, 12, al. 1 and 2, art. 14, 15 and 19.

2004 5279 2005 3337 2008 4943 361.3 order of 21 November 2001 on the processing of biometric identifying data are applicable art. 2, 8, let. a-c and e, art. 8, art. 13, al. 1, art. 14-16 and 17, al. 2. 2002 171 2004 2577 2006 957 2006 1945 2008 4943 new content according to the exchange of notes of March 10, 2011, in force since Jan. 1. 2011 (2011 2293 RO).

Status as of January 1, 2011

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